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Section 14: Notice of certain dangerous occurrences

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
Section 13 All 143 Sections of OSH Code, 2020 Section 15

Legal Commentary & Landmark Judgments: Section 14

Section 14 of the Occupational Safety, Health and Working Conditions Code, 2020 confers critical statutory rights upon employees, granting them the legal entitlement to obtain health and safety hazard disclosures from the employer, the right to inspect safety measures, and the absolute protection against victimization when raising safety hazards.

  • Right to Health & Safety Information: Grants every employee the enforceable right to obtain comprehensive information from the employer regarding workplace safety and health hazards, chemical handling protocols, and relevant safety standards.
  • Right to Represent & Seek Remedial Inquiry: Empowers employees directly or through the Safety Committee to represent to the employer or Inspector-cum-Facilitator about inadequate safety provisions or impending physical perils without administrative hurdle.
  • Absolute Statutory Shield Against Retaliatory Victimization: Prohibits employers from discharging, dismissing, demoting, or prejudicially altering the service conditions of any employee on the ground that the employee raised safety concerns, exercised rights under the Code, or testified before an authority.
Key Landmark Precedents:
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Supreme Court held that the right to live with human dignity enshrined in Article 21 encompasses humane, safe, and just conditions of work, entitling workers to demand full protection from hazardous workplace environments.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Supreme Court affirmed that worker rights to safety and fair working conditions are justiciable fundamental entitlements that the State and employers are bound to respect without victimizing complainants.
Courtroom Practice & Strategic Litigation Guidance:

HR policies must formally incorporate a 'Stop Work and Report' whistle-blower mechanism. Provide workers with bilingual Safety Data Sheets (SDS) for all on-site chemicals. Ensure that any safety concern lodged by a worker is entered into the Safety Committee minutes and investigated within forty-eight hours, maintaining an audit trail that negates claims of retaliatory dismissal.

Section 13 All 143 Sections of OSH Code, 2020 Section 15