Sections 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 10 and 11 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) require an employer to report serious accidents and dangerous occurrences to the authorities. Section 10 covers accidents that kill or disable for forty-eight hours or more; section 11 covers dangerous occurrences, whether or not anyone is hurt. The time limits and forms come from rules, and the Central Rules, 2026 supply them for Central-sphere establishments.
Where an accident causes death, or an injury that prevents the injured person from working for forty-eight hours or more immediately after the accident, or is of a kind prescribed by the appropriate Government, the person named in section 10(1) must send notice to the prescribed authorities, in the prescribed manner and time. For a death in a plantation, construction or other establishment, an inquiry must be made within two months of receiving the notice (section 10(2)). Dangerous occurrences must be notified by the employer under section 11, whether or not anyone is injured.
Section 10: who sends notice
Section 10(1) names the person responsible by the type of establishment:
| Establishment | Person who sends the notice |
|---|---|
| Mine | Employer, or owner, agent or manager referred to in section 67 |
| Factory, or dock work | Employer or manager |
| Plantation, building or other construction, or any other establishment | The employer |
The triggers are accidents at any place in an establishment which:
- cause death;
- cause bodily injury by reason of which the injured person is prevented from working for forty-eight hours or more immediately following the accident; or
- are of a nature prescribed by the appropriate Government.
Notice goes to "such authorities, in such manner and within such time, as may be prescribed by the appropriate Government". So the Code sets the duty, and the rules set the details. For mine-related legal structure, see section 7 on the owner, agent and manager.
The two-month inquiry (10(2))
Where a notice relates to an accident causing death in a plantation, an establishment relating to building or other construction work, or any other establishment, the authority to whom it is sent must make an inquiry within two months of receiving the notice. If there is no such authority, the Chief Inspector-cum-Facilitator must cause the Inspector-cum-Facilitator to make the inquiry within the same period. Note that 10(2) lists plantation, construction and "any other establishment", and does not mention mines, factories or dock work. Section 10(2) therefore sets this particular two-month inquiry for those three classes; the text does not say other inquiry machinery is excluded.
If a fatal or serious accident may lead to prosecution or disputes, our labour law compliance service can help you prepare the reporting file and the records an inquiry will ask for.
Section 11: dangerous occurrences
Section 11 is short. Where in an establishment there is a dangerous occurrence of a nature specified by the appropriate Government, whether or not it causes any bodily injury or disability, the employer must send notice to the prescribed authorities, in the prescribed form and within the prescribed time.
The essential difference from section 10: there need not be an injury. A crane collapse that hurts nobody is still reportable if it is a listed class of dangerous occurrence.
What the Central Rules, 2026 add (Rule 7)
Where the Central Government is the appropriate Government, Rule 7 of the Central Rules supplies the working detail. As written in the English text:
| Event | Time and recipients under Rule 7 |
|---|---|
| Accident resulting in death | Forthwith, notice in Form XI to the Inspector-cum-Facilitator, and inform electronically and by telephone the Chief Inspector-cum-Facilitator(s), Inspector-cum-Facilitator(s), District Magistrate or Sub-divisional Officer, the officer-in-charge of the jurisdictional police station, and the family or kin of the victim (7(1)) |
| Injury preventing work for 48 hours or more | Form XI within twelve hours after completion of forty-eight hours, electronically to the Inspector-cum-Facilitator(s) (7(2)) |
| Dangerous occurrence of a listed class | Intimation within twelve hours to the Inspector-cum-Facilitator and the District Magistrate or Sub-divisional Officer (7(3)) |
| Death occurs after earlier notices | Forthwith by telephone and electronically, then confirmed in writing within twelve hours of the death (first proviso) |
| Disability of 48 hours builds up in more than one spell | Report in Form XI within twenty-four hours after the total period reaches forty-eight hours (second proviso) |
Rule 7(4) lists the classes of dangerous occurrences. Examples in the list include bursting of pressure plant or pipelines, collapse or failure of a crane or hoist, explosion, fire or release of toxic gases, collapse of scaffolding or formwork, an uncontrolled chemical spillage, and electrical flash-over spark causing burn injury, along with several mine-specific events. The list ends with any other occurrence specified by general or special order of the Central Government.
These time limits apply where the Central Government is the appropriate Government. Where a State Government is the appropriate Government, use that State's own OSH rules. See our separate article on Rule 7.
Practical example
A construction contractor's employee falls from staging and is unable to work for three days. The employer (for a building or other construction establishment) must send notice. Under Rule 7(2), if the Central Rules apply, Form XI goes electronically to the Inspector-cum-Facilitator within twelve hours after the forty-eight hours are complete, that is, after the second day. If the same fall had killed him, the employer would have to inform the Inspector-cum-Facilitator forthwith, alert the listed officers and the police station by electronic means and telephone, and inform the family. The authority would then have to inquire within two months (section 10(2)).
A separate event: a hoist rope breaks and the load falls, injuring nobody. That is a dangerous occurrence under the Rule 7(4) list, reportable under section 11 within twelve hours under the Rules.
Consequences of not reporting
The Code has penalty provisions beginning at section 94; see section 94 for the general penalty. Regular registers also record dangerous occurrences under section 33(a)(v); see section 33.
Need help with accident and incident reporting?
Late or incomplete notices create avoidable exposure. Our labour law compliance team can help you set up an internal escalation chart, a Form XI filing routine and a dangerous-occurrence log for each site.
Key takeaways
- Section 10 requires notice of death or an injury that prevents work for 48 hours or more, or of a prescribed nature.
- Who sends the notice depends on the type of establishment (mine, factory or dock work, other).
- A death in a plantation, construction work or other establishment triggers an inquiry within two months (10(2)).
- Section 11 requires notice of prescribed dangerous occurrences even if no one is hurt.
- Under Rule 7 (Central Rules), a death is reported forthwith and other injuries and dangerous occurrences within twelve hours, using Form XI.
- State rules apply where the State is the appropriate Government.
Read next
- Section 12: notice of certain diseases
- Rule 7 of the Central Rules: notice of accidents and dangerous occurrences
- Accident reporting and investigation under the Factories Act
- Section 6: duties of the employer
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.