Not in so many words. The OSH Code 2020 gives every worker a duty to report unsafe conditions and a right to flag imminent danger to the employer and the Inspector-cum-Facilitator at the same time. The employer must act at once, or, if it disagrees, refer the question to the inspector, whose decision is final. The power to stop work belongs to the inspector, not the worker.
What the worker must do
Report it. Section 13 sets out every employee's duties at the workplace, and the one that matters here is clause (d): if an unsafe or unhealthy situation comes to the worker's attention, report it as soon as practicable to the employer or the health and safety representative. Rule 9 of the OSH (Central) Rules 2026 widens the list to a safety officer or the official in charge of the workplace, who must pass it to the employer immediately.
The same section puts duties on the worker in the other direction: to take reasonable care of their own and others' safety, follow the safety standards, cooperate with the employer, not interfere with or misuse safety equipment, and not do anything wilfully and without reasonable cause that is likely to endanger themselves or others (s.13(a)–(f)).
The imminent-danger route
A worker who reasonably fears imminent serious injury, death or imminent danger to health can raise it with the employer and the inspector together. Section 14 sets out the steps:
| Step | What happens | Section |
|---|---|---|
| Information and representation | Every employee can obtain health and safety information from the employer and represent on inadequate protection, directly or through a Safety Committee member, then to the inspector if not satisfied | s.14(1) |
| Raising imminent danger | The worker brings it to the employer's notice, directly or through a Safety Committee member, and simultaneously to the Inspector-cum-Facilitator | s.14(2) |
| Employer agrees | Immediate remedial action, and a report of the action sent to the inspector | s.14(3); r.10 |
| Employer disagrees | The matter is referred to the inspector at once; the inspector's decision on whether the danger exists is final | s.14(4) |
Rule 10 of the Central rules adds that the employer sends its report of the action taken "whether employee is satisfied with the remedial measures or not". The worker's dissatisfaction does not stop the report going in.
When work actually stops
When the inspector orders it. Section 38(1)(A) lets an Inspector-cum-Facilitator who finds conditions in a factory, or part of one, that may cause serious hazard or imminent danger prohibit the occupier from employing anyone there beyond the minimum needed for essential tasks until the danger is removed. The order lasts three days unless the Chief Inspector-cum-Facilitator extends it, and can be appealed to the High Court. Workers affected by the order are entitled to wages and benefits, and the occupier must offer them alternative work wherever possible (s.38(1)(A)(d)).
The Code does not say whether a worker may stay away from the specific task while the danger is being assessed. Section 13(f), which bars doing anything "wilfully and without reasonable cause" likely to endanger anyone, points the same way as common sense. How a particular refusal is treated is a question for the site's counsel.
Protection from reprisal
Indirect, through the Industrial Relations Code. The OSH Code has no express anti-victimisation clause for safety reports, but the Second Schedule to the IR Code 2020 lists discharging or dismissing workers "by way of victimisation" as an unfair labour practice (para 5(a) of Part I). Committing one carries a fine of ₹10,000 to ₹2 lakh, and a repeat up to ₹5 lakh or three months' imprisonment (s.86(5)–(6)). Whether a given dismissal is victimisation is for the tribunal and the site's counsel, not a blog post.
How it works for a contract crew
Through the people on the floor. Section 14 speaks of representing to "the employer", which for a contract worker is the contractor, but the hazard sits on the site's premises and only the site can fix it. Rule 9 already allows a report to a safety officer or the official in charge, so a site can make its own safety channel the route for everyone working there.
- One reporting channel for everyone. Contract crews told at induction that they can report to the site's safety officer or shift in-charge as well as their contractor's supervisor.
- Safety Committee membership that includes contract labour, where the site has one, so that the s.14 route through a committee member is open to them.
- A written log of every imminent-danger report, with the action taken and the date the s.14(3) report went to the inspector.
- The contractor told the same day. Its supervisor needs to know a task has been stopped or changed, and why.
- No penalty for a good-faith report, written into the site's rules and the contractor's terms.
How Velura Services helps
Velura inducts every worker on hazard reporting before the first shift and keeps a supervisor on the floor who knows your escalation route. When a worker flags imminent danger, our supervisor reports it to your safety team at once and records it, so the concern reaches the right person rather than stopping at the crew.
Sources
- Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020), Gazette text hosted by DGFASLI — s.13 (duties of employees), s.14 (rights of employees; imminent danger), s.38(1)(A) (inspector's power to prohibit employment in a factory; wages and alternative employment). Opened and read.
- Occupational Safety, Health and Working Conditions (Central) Rules, 2026, G.S.R. 345(E) dated 8 May 2026 — r.9 (duties of employee: reporting), r.10 (rights of employee: employer's report to the inspector). Opened and read from a mirrored copy of the Gazette [VERIFY: against the e-Gazette original].
- Industrial Relations Code, 2020 (Act 35 of 2020), Gazette of India Extraordinary, 29 September 2020 — s.86(5)–(6) (penalty for unfair labour practice), Second Schedule, Part I, para 5(a) (dismissal by way of victimisation). Opened and read.