⚖️ Mines Act vs OSH Code — Notice of Diseases
Simple comparison for mining students and professionals 🚧
📘 Quick Summary
The rules for reporting occupational diseases have become stricter. While the old law (Mines Act) incentivized doctors to report by paying them a fee, the new law (OSH Code) focuses on heavy penalties for failure to report. The disease list is now fixed in the Third Schedule rather than being notified case-by-case.
📜 Old Law – Mines Act (Sec 25)
- Duty: Mine management AND treating doctors must report diseases notified by Central Govt.
- Incentive: Doctors receive a fee for reporting, which is recovered from the mine owner (like unpaid tax).
- Penalty: If a doctor fails to report, the fine is up to ₹50.
- Scope: Applies specifically to mining operations.
📗 New Law – OSH Code (Sec 12)
- Duty: Employer AND qualified medical practitioners must report diseases listed in the Third Schedule (24 diseases).
- Incentive: No mention of fees paid to doctors; the "reward" system is removed.
- Penalty: If a doctor fails to report, the fine is up to ₹10,000.
- Scope: Applies to all establishments (factories, mines, construction, etc.).
📊 Side-by-Side Comparison
| Aspect | Mines Act (Sec 25) | OSH Code (Sec 12) |
|---|---|---|
| Diseases Covered | Notified by Central Govt (Flexible list) | 24 diseases listed in Third Schedule (Fixed list) |
| Doctor's Incentive | Paid a fee for reporting (Recovered from owner) | No fee mentioned (Duty based) |
| Penalty for Doctor | Max ₹50 | Max ₹10,000 |
| Recipient of Notice | Chief Inspector | Chief Inspector-cum-Facilitator |
🔍 What Changed & Why It Matters
The OSH Code shifts from a "carrot" approach (paying doctors) to a "stick" approach (heavy fines). This ensures doctors take reporting seriously. The list of 24 specific diseases (like silicosis, asbestosis) creates clarity, but removing the reporting fee might reduce voluntary reporting from private practitioners.
Share This News