Labour Hub › OSHWC Code › Sections › Section 89

Occupational Safety, Health and Working Conditions Code, 2020 · XI

Section 89: Right of workers to warn about imminent danger

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 89 — Governs right of workers to warn about imminent danger and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report…

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facilitator.
(3) If the occupier, agent, manager or the person in-charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator whose decision on the question of the existence of such imminent danger shall be final.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.

Actors expressly appearing in the text

Worker, Inspector-cum-Facilitator

Full statutory text — Section 89

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

89. Right of workers to warn about imminent danger.—(1) Where the workers employed in any
factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of

imminent danger to their lives or health due to any accident, they may, bring the same to the notice of the
occupier, agent, manager or any other person who is in-charge of the factory or the process concerned
directly or through their representatives in the Safety Committee and simultaneously bring the same to the
notice of the Inspector-cum-Facilitator.
   (2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or
process to take immediate remedial action if he is satisfied about the existence of such imminent danger
and send a report forthwith of the action taken to the Inspector-cum-Facilitator.
   (3) If the occupier, agent, manager or the person in-charge referred to in sub-section (2) is not satisfied
about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer
the matter forthwith to the Inspector-cum-Facilitator whose decision on the question of the existence of
such imminent danger shall be final.

How to apply this provision

Primary statutory test — (2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facilitator.
Additional operative limb — (3) If the occupier, agent, manager or the person in-charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator whose decision on the question of the existence of such imminent danger shall be final.
Evidence file — retain facts and records proving the role/status of: Worker, Inspector-cum-Facilitator.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 89 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

State overlays Forms Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

For an establishment affected by right of workers to warn about imminent danger, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “(2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facili”

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 89

What does Section 89 of the OSHWC Code cover?

What is the main legal requirement or power in Section 89?

The first operative clause identified from the official text is: “(2) It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facilitator.” Read it with the remaining subsections and any proviso below.

Does Section 89 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.

What time limit, percentage or amount appears in Section 89?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 89?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 89 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Source & verification trail

Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗

Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.