The Occupational Safety, Health and Working Conditions Code, 2020 has been enacted by the Government of India with the objective of consolidating and rationalising multiple labour laws relating to occupational safety, health, and working conditions of workers employed in establishments. The Code subsumes various central labour legislations governing factories, contract labour, migrant workers, mines, docks, construction work, and other hazardous employments, with an aim to ensure uniformity, simplification, and enhanced ease of compliance.
Applicability
These rules as specified under Chapter IV (Occupational Safety & Health) of the Code are applicable to:
a) Factories- 500/+
b) Hazardous- 250/+
c) Construction- 250/+
d) Manuf. Sulfuric acid-1
Compliance Requirements under the Rules in Accordance with the Code
Every establishment (where 250 or more employees working) carrying on dangerous acitivites as covered under section 82, shall constitue a Safety Committee.
Safety Committee shall meet as often as necessary but atleast once in every quarter. The minutes of the meeting along with follow-up action plans shall be recorded in a register and shall be produced to the Inspector-cum- Facilitator on demand.
A copy of minutes of the meeting shall be sent to the Inspector-cum-Facilitator having jurisdiction electronically.
Safety Committee must include: employer as Chairman, senior official as Deputy, Safety Officer/other as Member-Secretary, medical officer, and 3 department representing (production, maintenance, purchase). Worker reps must be equal or more than employer reps, chosen by consensus or election.
Safety Committee shall have the right to be adequately and suitably informed of –
(a) potential safety and health hazards to which the employees may be exposed at work place.
(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees exposed to hazardous substances so far as the factory is concerned
Functions of Safety Committee:
(a) assist in Health & Safety Policy goals,
(b) address safety, health & environment issues,
(c) raise safety awareness,
(d) conduct training,
(e) review safety reports & plans,
(f) investigate accidents,
(g) examine danger complaints,
(h) review action taken.
Every establishment must appoint at least one Safety Officer if it is: (i) a factory with 500+ workers, (ii) a hazardous process factory with 250+ workers, (iii) a construction site with 250+ workers, (iv) a Major Accident Hazard unit, or (v) a factory manufacturing sulfuric acid.
Provided that for an estabishment specified in clause (i), one additional safety officer shall be appointed if number of workers employed are more than 1000 but not exceeding 1500 and 1 more safety officer shall be appointed for every additional 1000 workers or part thereof:
Provided further that for an establishments specified in clause(ii), clause(iii) and clause(iv) one additional safety officer shall be appointed if number of workers employed are more than five hundred but not exceeding one thousand and one more safety officer shall be appointed for every additional one thousand workers or part thereof.
(2) The occupier of the factory or employer of building or other construction establishment, as the case may be, shall inform the concerned Chief Inspector-cum Facilitator having jurisdiction and the Inspector-cum Facilitator of the region concerned about the appointment of the Safety Officer or Chief Safety Officer within seven days from such appointment.
Penalty & Punishment
General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.
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