Sections 89-91 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 89 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives workers in a factory engaged in a hazardous process a defined way to raise the alarm about imminent danger. Section 90 lets the appropriate Government prescribe an appeal against an Inspector-cum-Facilitator's order in a factory, and section 91 lets it make rules exempting certain persons and workers.
If workers in a factory engaged in a hazardous process have a reasonable apprehension of imminent danger to life or health from an accident, they may tell the occupier, agent, manager or person in charge, directly or through their Safety Committee representatives, and at the same time tell the Inspector-cum-Facilitator (89(1)). The occupier must take immediate remedial action if satisfied, and report forthwith (89(2)); if not satisfied, the occupier must still refer the matter forthwith to the Inspector-cum-Facilitator, whose decision is final (89(3)).
Sections 89 to 91 at a glance
| Section | Subject | Key point |
|---|---|---|
| 89(1) | Workers' warning | Directly or through Safety Committee representatives, plus a simultaneous notice to the Inspector-cum-Facilitator |
| 89(2) | Occupier satisfied | Immediate remedial action and a report forthwith to the Inspector-cum-Facilitator |
| 89(3) | Occupier not satisfied | Must refer the matter forthwith; the Inspector-cum-Facilitator's decision is final |
| 90 | Appeal | Appropriate Government may prescribe the manner, the appropriate authority and the procedure |
| 91(1)(a) | Supervisory, managerial or confidential position | Rules may specify such persons; Code does not apply to them |
| 91(1)(b) | Exempted workers or establishments | Rules may fix exemption, its extent and conditions |
| 91(2) | Adult workers | Government or Chief Inspector-cum-Facilitator may exempt by written order |
Employers and HR teams often meet these sections only after an incident. Our employment and labour law advisory team can help you prepare before one.
Section 89: the warning mechanism
The right belongs to the workers employed in any factory engaged in a hazardous process who "have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident". It is not a general right to stop work in every workplace; it is tied to a factory with a hazardous process. See our article on the definition.
How the warning is given. The workers may bring it to the notice of the occupier, agent, manager or any other person in charge of the factory or the process concerned, either directly or through their representatives in the Safety Committee. They must simultaneously bring it to the notice of the Inspector-cum-Facilitator. The Safety Committee route links this section to section 22; see our article on safety committees.
What the occupier must do. Two outcomes are set out.
- The occupier is satisfied that imminent danger exists: it is the duty of the occupier, agent, manager or person in charge to take immediate remedial action and send a report forthwith of the action taken to the Inspector-cum-Facilitator (89(2)).
- The occupier is not satisfied: he shall, nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator, whose decision on whether imminent danger exists is final (89(3)).
The second route means the occupier cannot simply dismiss a warning. Even a disagreement must be sent to the Inspector-cum-Facilitator at once. The Code does not give a number of hours or days; "forthwith" is the standard, so a factory should log the time of the warning, the time it was forwarded and what was done.
For employers. Put a written procedure in place: who receives a warning, who contacts the Inspector-cum-Facilitator, and who records it. Staff policies that penalise workers for raising a warning sit badly with this section; see rights of the employee under sections 14 and 15. If you need help drafting the procedure and training supervisors, our employment and labour law advisory team can assist.
Section 90: appeal against the Inspector-cum-Facilitator's order in a factory
Section 90 is an enabling provision. "The appropriate Government may prescribe provisions providing the manner in which and the appropriate authority to whom the manager or occupier of the factory may make appeal against the order of the Inspector-cum-Facilitator and the procedure for disposing of such appeals."
So the Code names neither the forum nor a time limit here. For a factory, the State Government is the appropriate Government, so the appeal route sits in the State's rules. Note that some orders have their own remedy in the Code itself: for example, an order under section 38 has an appeal to the High Court, described in our section 38 article.
Section 91: power to make rules to exempt
Clause (a). The appropriate Government may make rules specifying persons who hold positions of supervision or management or are employed in a confidential position in a factory, or empowering the Chief Inspector-cum-Facilitator to declare another person as holding such a position if, in his opinion, the person does. The Code's provisions shall not apply to a person so defined or declared.
Clause (b). The rules may exempt any worker or class of workers in any establishment or class of establishments, and fix the extent of exemption and its conditions.
Sub-section (2). The appropriate Government or the Chief Inspector-cum-Facilitator may, by order in writing, exempt, subject to conditions, any or all of the adult workers in any establishment or class of establishments.
A caution: the exemption under 91(1)(a) removes the whole Code for that person, not just the hours provisions, so a job title alone does not do it. The person must fall within the rules or a declaration by the Chief Inspector-cum-Facilitator. HR teams should not treat all "managers" as outside the Code.
Example. At a pesticide plant, operators notice a slow leak from a reactor line and fear a release. Two of them, with the Safety Committee worker representative, tell the shift manager, and the representative phones the Inspector-cum-Facilitator at the same time. The manager is not satisfied there is imminent danger, but still refers the matter to the Inspector-cum-Facilitator at once. The Inspector-cum-Facilitator decides, and the decision is final.
Need help with imminent danger procedures?
A written warning procedure, training for supervisors and clean records protect both workers and the occupier. Our employment and labour law advisory team can help you design the procedure, align it with your Safety Committee and check exemption claims against the rules.
Key takeaways
- Section 89 applies to factories engaged in a hazardous process.
- Workers warn the occupier or person in charge, directly or via Safety Committee representatives, and simultaneously the Inspector-cum-Facilitator.
- The occupier must act immediately if satisfied, or refer the matter forthwith if not; the Inspector-cum-Facilitator's decision is final.
- Section 90 leaves the appeal route against an Inspector-cum-Facilitator's factory order to the appropriate Government's rules.
- Section 91 exemptions need rules or a written order.
Read next
- Sections 86 to 88: National Board inquiry, emergency standards and exposure limits
- Sections 84 and 85: occupier's duties for hazardous processes
- Section 22: safety committee and safety officers
- Factory inspector: powers and duties
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.