Section 10: Right of employee to obtain information

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

Statutory Mandate
Chapter III: Duties of Employer and Employees
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 10

Section 10 of the Occupational Safety, Health and Working Conditions Code, 2020 governs the mandatory reporting of workplace accidents, requiring employers to transmit immediate electronic notice of accidents causing death or serious bodily injury preventing the worker from resuming duty for forty-eight hours or more, and mandating a statutory inquiry within two months in fatal cases.

  • Statutory Accident Severity Thresholds: Applies to accidents occurring within an establishment causing death, or causing serious bodily injury which prevents the injured employee from returning to work for forty-eight hours or more immediately following the occurrence.
  • Strict Electronic Notification Timelines: Mandates the employer, occupier, or manager to submit electronic notice in the prescribed form to the Inspector-cum-Facilitator, District Magistrate, and local police station within prescribed hours (ordinarily 12 to 24 hours of the incident).
  • Mandatory Two-Month Statutory Inquiry Guarantee: In cases of accidents resulting in death within specified sectors (such as construction and plantations), mandates that the Chief Inspector-cum-Facilitator or authorized officer must complete a formal inquiry into the accident causes within two months of receiving notice.
Key Landmark Precedents:
  • State of Gujarat v. Jethalal Ghelabhai Patel AIR 1964 SC 779: Supreme Court held that compliance with statutory safety provisions and immediate reporting of accidents are mandatory public duties; failure to report industrial accidents constitutes a severe continuing statutory contravention.
  • M.C. Mehta v. Union of India (Oleum Gas Leak) (1987) 1 SCC 395: Supreme Court declared that hazardous industrial enterprises are subject to strict and absolute liability for accidents causing death or bodily harm, establishing that regulatory oversight must immediately follow every industrial incident.
Courtroom Practice & Strategic Litigation Guidance:

Industrial safety and HR teams must enforce a strict Standard Operating Procedure (SOP) for accident response: cordon off the accident zone to preserve evidence, secure treating hospital admission records, and transmit Form IV notifications electronically within twelve hours. Immediate notification prevents compounding penalties and equips legal counsel to defend subsequent inquiry proceedings.