Introduction
Workplace safety is a core part of labour welfare. It is not the responsibility of the employer alone. Every employee must also work safely, follow safety rules, protect co-workers and report dangers.
In India, the principal law on this subject is the Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code). The Code came into force on 21 November 2025 and consolidates several earlier central labour laws dealing with occupational safety, health and working conditions.
Section 13 of the Code sets out the duties of employees, while Section 14 confers important rights linked to workplace safety. Together, these provisions seek to prevent accidents, occupational diseases and avoidable risks at work.
Statutory Duties of Employees Under Section 13
Section 13 requires every employee at the workplace to follow these duties:
2.1 Duty to Take Reasonable Care
An employee must take reasonable care of his or her own health and safety, and of others who may be affected by his or her actions or omissions.
Example: A person operating a machine must follow safe procedures and must not do anything that could injure a colleague. Hazardous materials must not be left where others might come into contact with them.
2.2 Duty to Follow Safety Standards
Employees must comply with the applicable occupational safety and health standards, rules and requirements. These include:
- Wearing prescribed personal protective equipment (PPE) such as helmets, gloves, goggles and safety shoes.
- Following machinery operating procedures and electrical safety instructions.
- Obeying fire safety and emergency evacuation rules.
- Handling, storing and disposing of hazardous substances correctly.
Example: A worker dealing with toxic chemicals must use the required protective gear and follow the prescribed handling methods.
2.3 Duty to Cooperate with the Employer
Employees must cooperate with the employer so that the employer can meet legal obligations under the Code. This includes attending safety training, taking part in safety programmes, following lawful safety instructions, and helping implement preventive measures.
Example: An employee should cooperate during a safety inspection and give accurate information about any hazard.
2.4 Duty to Report Unsafe or Unhealthy Conditions
If an employee notices an unsafe or unhealthy situation, he or she must report it as soon as practicable to the employer or the health and safety representative. Special reporting rules apply in mines.
Common examples include:
- Exposed electrical wires
- Defective machinery or damaged safety guards
- Gas leaks or chemical spills
- Poor ventilation or excessive exposure to harmful substances
- Unsafe scaffolding or risk of structural collapse
Prompt and clear reporting allows the employer to correct the problem before an accident occurs. Employees should use the workplace’s formal reporting system where one exists.
2.5 Duty Not to Misuse Safety Equipment
Employees must not wilfully interfere with, misuse or neglect any equipment or facilities provided for health, safety and welfare.
Examples of prohibited acts: Removing a machine guard, disabling an alarm, damaging a fire extinguisher, or misusing a respirator. Such actions can put many people at serious risk.
Safety equipment must be used properly, looked after as instructed, and reported if defective.
2.6 Duty Not to Endanger Oneself or Others
An employee must not wilfully do anything, without reasonable cause, that is likely to endanger himself, herself or others.
Examples: Operating machinery recklessly, bypassing a safety interlock, entering a restricted hazardous area without permission, or ignoring a known risk that could cause injury.
2.7 Other Prescribed Duties
Employees must also perform any other duties that the appropriate government may prescribe. This means they must follow rules and lawful safety requirements made under the Code for their industry or workplace.
Rights of Employees Relating to Workplace Safety Under Section 14
Duties go hand-in-hand with rights. Section 14 of the Occupational Safety, Health and Working Conditions Code, 2020 gives employees these important protections:
- Right to safety information – Employees can obtain information from the employer about health and safety at work.
- Right to raise safety concerns – They may approach the employer or a Safety Committee member (where one exists) about inadequate safety arrangements. If still dissatisfied, they may approach the Inspector-cum-Facilitator.
- Right to report imminent danger – If employees reasonably fear an imminent danger of serious injury, death or serious threat to health, they may notify the employer and also inform the Inspector-cum-Facilitator.
- Right to remedial action – Once the imminent danger is established, the employer must take immediate corrective action. If the employer disputes the existence of the danger, the matter must be referred to the Inspector-cum-Facilitator, whose decision is final.
These rights make it clear that employees are not only expected to follow safety instructions. They are also entitled to raise concerns and seek official intervention when their lives or health are at risk.
Penalties and Liabilities for Violation of Sections 13 and 14
Under Section 106 of the OSHWC Code, 2020, an employee who contravenes any duty imposed under Section 13 (except clause (d) relating to the duty to report unsafe conditions) may be punished with a fine of up to ₹10,000. If the employee is convicted, the employer is not automatically held liable unless it is proved that the employer failed to take reasonable steps to prevent the violation.
Section 14, on the other hand, only confers rights on employees and imposes no duties on them; therefore, no penalty applies to workers under this section. However, if an employer fails to honour these rights—such as by withholding safety information or not acting on a reported imminent danger—the employer may face penalties under the general provisions of the Code, with higher fines and possible imprisonment if such failure results in a workplace accident or injury.
Important Case Laws on Workplace Safety
The following Supreme Court decisions set out broad principles that remain relevant to workplace safety. They were decided under earlier laws or constitutional provisions and should not be treated as direct interpretations of Section 13 of the new Code.
5.1 Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42
The Court examined health risks faced by asbestos workers. It held that the right to health and medical care forms part of the fundamental right to life under Article 21. Workers must be protected from occupational diseases and hazardous conditions.
Relevance: Employees should take reasonable care of their health, use protective equipment and report exposure to harmful substances. Employers must provide proper safeguards and medical protection.
5.2 M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987) 1 SCC 395
After an oleum gas leak from a hazardous unit in Delhi, the Court laid down the principle of absolute liability for enterprises engaged in hazardous or inherently dangerous activities.
Relevance: Employees must follow prescribed precautions, handle dangerous substances carefully and report leaks or similar hazards at once. Absolute liability primarily applies to the enterprise, not automatically to every individual employee.
5.3 J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers (1996) 6 SCC 665
The Court stressed the importance of clear accountability of the occupier of a factory under the Factories Act and rejected arrangements that allowed those in ultimate control to escape responsibility.
Relevance: Safety is a shared practical responsibility, but an employee’s duties do not relieve the employer or occupier of their independent legal obligations. Management cannot shift its statutory duties onto ordinary workers.
Important International Case Laws on Workplace Safety
Landmark international judgments—including Wilsons and Clyde Coal Co Ltd v English (1938), Paris v Stepney Borough Council (1951), Latimer v AEC Ltd (1953), and Whirlpool Corp. v. Marshall (1980)—collectively establish that while employees must act carefully and report hazards, the primary legal responsibility for creating and maintaining a safe workplace rests with the employer.
Together, these rulings affirm that employers hold a personal, non-delegable duty to provide proper equipment, competent staff, effective supervision, and safe systems of work, including taking heightened precautions for vulnerable individuals and respecting workers’ rights to refuse imminently dangerous tasks without retaliation; however, this standard mandates taking all reasonably practicable precautions rather than serving as an absolute guarantee against every potential harm.
Employer’s Duties and Employee’s Duties: A Necessary Distinction
The Code places duties on both sides, but the responsibilities are different:
| Employer’s Responsibilities | Employee’s Responsibilities |
|---|---|
| Provide a workplace that is reasonably safe and free from relevant hazards | Take reasonable care to avoid danger to oneself and others |
| Provide necessary safety information, instruction, training and supervision | Follow safety instructions and applicable standards |
| Maintain machinery, protective arrangements and working conditions | Use safety equipment properly and do not misuse protective devices |
| Take appropriate action on reported hazards | Report unsafe or unhealthy conditions promptly |
| Fulfil statutory health and safety obligations | Cooperate with the employer in meeting those obligations |
An employee’s failure to follow safety procedures may contribute to an accident, but it does not automatically free the employer from responsibility for defective machinery, inadequate training or other failures within the employer’s control.
Consequences of Failure to Perform Safety Duties
Failure to follow safety requirements may lead to disciplinary action under service rules or employment terms. If the conduct amounts to an offence under the Code or other law, the relevant legal provisions may apply.
Not every breach automatically attracts criminal liability. The specific facts, the applicable section, the legal ingredients and the evidence must all be examined.
An employee who reports a genuine safety hazard is exercising a statutory right and should not be treated as having committed misconduct merely for raising a legitimate concern.
Practical Measures Employees Should Follow
Employees can help create a safer workplace by:
- Attending safety training and understanding emergency procedures
- Using prescribed PPE and checking it before use
- Never bypassing machine guards or disabling safety alarms
- Reporting accidents, near-misses and dangerous conditions promptly
- Avoiding unauthorised operation of machinery or hazardous equipment
- Keeping work areas clean and emergency exits clear
- Cooperating with safety officers, supervisors and safety committees
- Raising concerns about serious or imminent danger through the channels provided by law
These simple practices help prevent injuries and build a culture of shared responsibility.
Conclusion
Section 13 of the Occupational Safety, Health and Working Conditions Code, 2020 requires employees to take reasonable care, follow safety standards, cooperate with employers, report unsafe conditions, protect safety equipment and refrain from wilfully endangering themselves or others.
Section 14 balances these duties by giving employees clear rights to information, representation and intervention when danger is imminent.
Supreme Court decisions in Consumer Education and Research Centre, M.C. Mehta and J.K. Industries reinforce the broader principles that workers’ health deserves strong legal protection and that safety obligations must be enforced effectively.
A safe workplace needs responsible employees, accountable employers and proper enforcement of the law. Employee cooperation is essential, but it works alongside the employer’s independent duty to provide safe and healthy working conditions.
Legal note: This article discusses the central OSHWC Code, 2020. For a formal legal opinion, compliance policy or court filing, the applicable central and state rules, notifications and later judicial decisions should also be checked.
