Sections 14 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 14 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives every employee the right to safety information and a route to complain, all the way to the Inspector-cum-Facilitator. It also gives a specific procedure for imminent danger. Section 15 adds a short, general prohibition on interfering with or misusing anything provided for health, safety or welfare.
An employee has the right to obtain information from the employer on his health and safety at work and to represent inadequate protection to the employer, directly or through a member of the Safety Committee, and if not satisfied, to the Inspector-cum-Facilitator (section 14(1)). For a reasonable apprehension of imminent serious injury, death or danger to health, the employee informs the employer and, simultaneously, the Inspector-cum-Facilitator (14(2)). If the employer is not satisfied that danger exists, he must still refer the matter forthwith to the Inspector-cum-Facilitator, whose decision is final (14(4)). No person may intentionally or recklessly interfere with or misuse safety things (section 15).
Section 14 sub-section by sub-section
| Sub-section | Content |
|---|---|
| 14(1) | Right to obtain information relating to health and safety at work and to represent about inadequate provision for protection of safety or health in connection with the work activity, directly or through a member of the Safety Committee (if constituted under section 22), and if not satisfied, to the Inspector-cum-Facilitator |
| 14(2) | Where an employee has reasonable apprehension of a likelihood of imminent serious personal injury or death or imminent danger to health, he may bring it to the employer, directly or through a Safety Committee member, and simultaneously to the Inspector-cum-Facilitator |
| 14(3) | The employer (or any employee referred to in 14(1)) must take immediate remedial action if satisfied that imminent danger exists, and send a report forthwith of the action taken to the Inspector-cum-Facilitator in the prescribed manner |
| 14(4) | If the employer is not satisfied that the danger exists, he must nevertheless refer the matter forthwith to the Inspector-cum-Facilitator, whose decision on the existence of imminent danger is final |
Employers who want to set up an internal escalation route that matches this sequence can get help from our employment and labour law advisory team.
Reading the imminent danger procedure
The sequence, step by step:
- The employee has a reasonable apprehension of imminent serious injury, death or danger to health.
- He informs the employer (directly or via a Safety Committee member) and at the same time the Inspector-cum-Facilitator. The notice to the inspector is not optional and does not wait for the employer's response.
- If the employer is satisfied the danger exists, he takes immediate remedial action and sends a report forthwith to the Inspector-cum-Facilitator.
- If the employer is not satisfied, he must refer the matter forthwith to the Inspector-cum-Facilitator. The inspector's decision is final on whether imminent danger exists.
The phrase "reasonable apprehension" sets a test that looks at what the employee could reasonably believe, not whether the danger proves real afterwards. The Code does not define "imminent danger"; its ordinary meaning of danger about to happen applies.
Who is the Inspector-cum-Facilitator?
Appointed under section 34; see section 34 for appointments and our article on definitions including Inspector-cum-Facilitator.
What the Central Rules add (Rule 10)
Where the Central Government is the appropriate Government, Rule 10 says that on receiving information from an employee about imminent danger to safety and health, the employer shall take immediate remedial action and, whether the employee is satisfied with the remedial measures or not, shall send a report of actions taken to the Inspector-cum-Facilitator electronically or by speed post. Rule 9 covers the employee's own reporting duty; see Rules 9 and 10. Where a State Government is the appropriate Government, the State's rules apply.
Section 15: duty not to interfere with or misuse things
Section 15 is one sentence: no person shall intentionally or recklessly interfere with, damage or misuse anything provided in the interest of health, safety or welfare under the Code.
Compare it with section 13(e):
| Point | Section 13(e) | Section 15 |
|---|---|---|
| Who | Every employee at the workplace | Any person |
| Mental element | Wilfully | Intentionally or recklessly |
| Conduct | Interfere with, misuse or neglect | Interfere with, damage or misuse |
| Things covered | Appliance, convenience or other thing at the workplace for health, safety and welfare | Anything provided in the interest of health, safety or welfare under the Code |
So a visitor, contractor's worker or a manager who recklessly disables a guard, blocks a fire exit or damages a first-aid box falls under section 15 even if not an "employee".
Practical points for employers
- Give employees a written route for safety representations and publish the name of Safety Committee members, where a committee exists. See section 22.
- Keep an imminent danger log: time reported, time the Inspector-cum-Facilitator was informed, action taken, report sent, and any decision received.
- Do not treat an employee's simultaneous report to the inspector as disloyalty. Section 14(2) provides for it.
- Brief contractors' supervisors on section 15, since it applies to "any person".
Example. A welder on a scaffold sees that a support has cracked and fears a collapse. He tells the site engineer and, at the same time, informs the Inspector-cum-Facilitator. The employer, satisfied that there is a danger, stops work under the scaffold, strengthens the support and sends a report forthwith. Had the employer doubted the danger, he would still have had to refer the matter to the inspector, whose decision is final.
Need help with employee representation and safety escalation?
A clear, documented escalation route protects both employees and management when a safety concern arises. Our employment and labour law advisory team can help you set up representation channels, an imminent danger protocol and the records an inspector may ask for.
Key takeaways
- Employees can obtain health and safety information and represent concerns to the employer, the Safety Committee, and then the Inspector-cum-Facilitator.
- For imminent serious injury, death or danger to health, the employee informs the employer and the Inspector-cum-Facilitator simultaneously.
- The employer must act immediately and report forthwith if satisfied; if not, he must refer the matter forthwith, and the inspector's decision is final.
- Rule 10 (Central Rules) requires a report of actions to the inspector, electronically or by speed post, whether or not the employee is satisfied.
- Section 15 bars any person from intentionally or recklessly interfering with, damaging or misusing safety, health or welfare things.
Read next
- Section 13: duties of employee
- Section 16: National Occupational Safety and Health Advisory Board
- Sections 89 to 91: right to warn of imminent danger
- Factories Act: health, safety and welfare provisions
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.