Section 107: Duty of medical practitioner to report diseases

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 107

Section 107 of the Code imposes a mandatory statutory duty on medical practitioners attending to any patient suffering from a scheduled occupational disease to immediately submit a written report to the Chief Inspector-cum-Facilitator.

  • Mandatory Medical Reporting of Occupational Illnesses: Obligates private and public doctors to report cases of asbestosis, silicosis, lead poisoning, occupational cancer, or other Third Schedule diseases within forty-eight hours.
  • Detailed Patient & Workplace Profiling: Requires the medical practitioner to specify the patient's name, clinical diagnosis, current residence, and the name and address of the manufacturing establishment where the patient was employed.
  • Criminal Penalties for Non-Reporting: Imposes financial penalties on medical practitioners who willfully fail to report diagnosed occupational diseases, preventing corporate suppression of occupational epidemiology.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court mandated that all medical practitioners and hospital authorities must report occupational diseases to state authorities to enable disease registry tracking.
  • Occupational Health and Safety Association v. Union of India (2014) 3 SCC 547: Apex Court directed mandatory reporting and free medical treatment for power plant workers suffering from occupational pulmonary diseases.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Emphasized that medical documentation of occupational ailments is vital to delivering constitutional justice to stone-crusher and quarry workers.
Courtroom Practice & Strategic Litigation Guidance:

Establishment medical officers and occupational health clinic physicians must maintain a dedicated Third Schedule disease register and automatically transmit digital reporting notices to the Inspector-cum-Facilitator upon detecting any clinical indicators.