Chapter-12 Provisions Relating to Occupation Safety and Health

Section 76: To stop work in the case of immediate danger

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1) Where it is likely to cause bodily injury or risk to, or serious effect on the health of, a labour or other person or cause unexpected loss or damage to any equipment, product or material if any work is not stopped immediately, the labour involved in such a work shall give information thereof to the employer or responsible person referred to in Section 71.

2) The employer or responsible person shall, upon receipt of the information referred to in sub-section (1), immediately give appropriate direction in that respect.

3) Where the employer or responsible person is not available for the time being for the purpose of giving information referred to in sub-section (1), the labour himself or herself may stop such a work.

4) Where the work is stopped pursuant to sub-section (3), the labour who so stops the work shall immediately give information thereof to the employer or responsible person through the fastest means.

5) The employer or responsible person shall, upon receipt of the information referred to in sub-section (4), immediately inquire into the matter and prevent or mitigate the risks resulting therefrom.

6) Where there arises any dispute between the labour and the employer as to whether or not there has arisen any risk necessitating the stoppage of the work and the provision made for the prevention or mitigation of the risk is adequate, any party may make an application to the Office for the settlement of such a dispute.

7) On receipt of the application pursuant to sub-section (6), the Office shall settle such a dispute upon examining the matter and hearing both the parties, as well as examining the evidence if required.

8) A decision made for the settlement of such a dispute shall be final and both the employer and the labour shall abide by such a decision.

9) Notwithstanding anything contained elsewhere in this Section, no work shall be stopped with the intention of causing loss or damage, trouble to or satisfy enmity with the employer.

10) During the time when the work remains stopped pursuant to this Section, the employer may engage a labour in another work subject to the conditions of his or her service.

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Section 76: To stop work in the case of immediate danger

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