Section 13 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.
Section 13 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) sets out what every employee at a workplace must do for safety: take reasonable care, follow the standards, cooperate with the employer, report unsafe situations, leave safety equipment alone and avoid wilful risk. It turns safety from a one-way employer duty into a shared one.
Every employee at the workplace must: take reasonable care of the health and safety of himself and others; comply with the safety and health requirements in the standards; cooperate with the employer; report unsafe or unhealthy situations as soon as practicable; not wilfully interfere with, misuse or neglect safety and welfare appliances; not wilfully and without reasonable cause do anything likely to endanger himself or others; and perform other prescribed duties (section 13(a) to (g)).
The seven duties
| Clause | Duty |
|---|---|
| 13(a) | Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at the workplace |
| 13(b) | Comply with the safety and health requirements specified in the standards (see section 18) |
| 13(c) | Co-operate with the employer in meeting the employer's statutory obligations under the Code |
| 13(d) | Report any unsafe or unhealthy situation that comes to his attention, as soon as practicable, to the employer or the health and safety representative; in a mine, to the agent or manager referred to in section 67, safety officers or an official for his workplace or section; that person must report it to the employer in the prescribed manner |
| 13(e) | Not wilfully interfere with, misuse or neglect any appliance, convenience or other thing provided at the workplace to secure the health, safety and welfare of workers |
| 13(f) | Not do, wilfully and without reasonable cause, anything likely to endanger himself or others |
| 13(g) | Perform such other duties as the appropriate Government prescribes |
"Employee" has its own definition in the Code's section 2; see our article on employer, employee, worker and occupier. Note that section 13 uses the defined term "employee" and not "worker"; check the definition for your staff category.
HR teams that want to build these duties into appointment letters, handbooks and induction material can get help from our employment and labour law advisory service.
How each duty works in practice
Reasonable care and compliance with standards (13(a), (b))
The test is reasonableness. The duty runs to himself and to others affected by his acts or omissions, for example a forklift driver's effect on pedestrians. The "standards" are those the Central Government declares under section 18, which can include the Second Schedule matters. If no standard applies to your activity yet, clause (a) still binds.
Cooperate (13(c))
The employer's statutory obligations, such as section 6, are easier to meet if employees attend safety training, wear the protective equipment provided and follow written procedures. The Code states the duty but does not set a disciplinary process; any disciplinary action remains a matter of your service rules and general law.
Reporting (13(d))
This is the duty with the most procedure. The employee reports "as soon as practicable". The person who receives the report depends on the workplace:
- Ordinary workplace: the employer or the health and safety representative.
- Mine: the agent or manager referred to in section 67, safety officers, or an official for his workplace or section.
The recipient, if not the employer, must report to the employer in the manner prescribed by the appropriate Government.
Rule 9 (Central Rules, 2026). Where the Central Government is the appropriate Government, Rule 9 repeats this and fills it in: the employee reports as soon as practicable to the employer, health and safety representative, safety officer, official for the workplace, or (for a mine) the agent or manager. Under Rule 9(2), that person must then report the matter to the employer immediately. Where a State Government is the appropriate Government, the State's rules apply. See Rules 9 and 10.
Do not interfere or endanger (13(e), (f))
These clauses use the word wilfully. Accidental damage is not the target of 13(e) or 13(f), though "neglect" in 13(e) can capture a deliberate failure to use or maintain a thing provided. Clause (f) adds "without reasonable cause", leaving room for an emergency where a worker takes a risk to save someone.
The prohibition on interfering applies to everyone, not just employees, under section 15, which bars any person from intentionally or recklessly interfering with or misusing safety, health or welfare things.
Consequences
Section 13 does not state a penalty. Penalty provisions for employees and for general contraventions are in the Code's later chapter on offences; see section 94 and the article on offences by employees. We do not state amounts here; read those sections before acting on a specific breach.
Example. A packing-line operator notices an exposed belt where the guard has been removed for cleaning and not refitted. Under 13(d) he reports it as soon as practicable to his supervisor or the health and safety representative. The representative informs the employer immediately (Rule 9(2), if the Central Rules apply). If the operator had instead removed the guard himself to speed up work and left it off, 13(e) and 13(f) would be in play.
Need help with employee safety obligations?
Employers can only enforce what employees know. Our employment and labour law advisory team can help you draft safety undertakings, reporting procedures and induction content that reflect section 13 and the applicable rules.
Key takeaways
- Section 13 lists seven duties for every employee at a workplace.
- Reporting unsafe or unhealthy situations is required as soon as practicable, to the person the Code names.
- Rule 9 of the Central Rules requires the recipient to report to the employer immediately.
- Misuse or wilful interference with safety appliances is prohibited, and so is wilfully endangering others.
- Section 13 is about conduct; penalties sit in the Code's offences provisions.
Read next
- Sections 14 and 15: rights of employee and duty not to interfere with safety things
- Section 12: notice of certain diseases
- Rules 9 and 10: duties and rights of employee
- Safety committee and safety officers: section 22
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.