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Section 13: Duties and rights of employees

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
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Legal Commentary & Landmark Judgments: Section 13

Section 13 of the Occupational Safety, Health and Working Conditions Code, 2020 establishes reciprocal statutory duties upon every employee, mandating reasonable care for personal and co-worker safety, strict compliance with safety standards, mandatory use of personal protective equipment, and the immediate reporting of workplace hazards.

  • Statutory Duty of Reasonable Care: Imposes an affirmative legal obligation on every worker to exercise reasonable care for their own safety and health and that of fellow workmen who may be affected by their acts or omissions at the workplace.
  • Mandatory PPE Compliance & Cooperation: Worker is statutorily required to cooperate with the employer in fulfilling safety standards and to properly use and wear all personal protective equipment (PPE) and safety apparatus provided by the employer.
  • Mandatory Hazard Reporting & Prohibition of Endangerment: Requires the employee to immediately inform the supervisor of any defective machine or safety hazard; strictly prohibits the employee from willfully or recklessly doing anything likely to endanger themselves or others.
Key Landmark Precedents:
  • National Textile Workers' Union v. P.R. Ramakrishnan (1983) 1 SCC 228: Supreme Court affirmed that modern industrial jurisprudence views workers as active participants in the enterprise, carrying mutual statutory duties alongside employers to maintain workplace health, order, and safety.
  • State of Maharashtra v. Babulal AIR 1963 Bom 214: Held that where an employer provides statutory safety guards and protective gear, a worker's deliberate refusal to use them or reckless circumvention of safety apparatus negates strict employer liability and constitutes gross misconduct.
Courtroom Practice & Strategic Litigation Guidance:

Management must maintain biometrically signed PPE issuance logs and document daily 'Toolbox Talks' on safety compliance. When an employee repeatedly neglects safety helmets, harnesses, or goggles, issue a formal written warning citing Section 13 duties before instituting disciplinary measures, creating an ironclad defense against vicarious liability in industrial accident claims.

Section 12 All 143 Sections of OSH Code, 2020 Section 14