Ohsas 18001

OHSAS 18001
Legal Requirements in India on Occupational Health & Safety By Dr. Manish Chandekar Confederation of Indian Industry, New Delhi
2004 CII, OH&S Management System Auditor Training Course Issue 2 1
Health & Safety Legislation in India

Various labour-related statutes address issues such as:
Protection of human rights Forced labour Non-discrimination Equal remuneration Minimum wage Labour disputes
The legal requirements for industrial health and safety are set out in The Factories Act.
2004 CII, OH&S Management System Auditor Training Course - Issue 2 2
OH & S Legislation
The Factories Act 1948, amended 1954, 1970, 1976, 1987 The Mines Act, 1952 The Dock workers (Safety, Health and Welfare) Act, 1986 The Plantation Labor Act, 1951 The Explosives Act, 1884 Workmens Compensation Act, 1923 The Petroleum Act, 1934 The Insecticide Act, 1968 The Indian Boilers Act, 1923 The Indian Electricity Act, 1910 The Dangerous Machines (Regulations) Act, 1983 The Indian Atomic Energy Act, 1962 The Radiological Protection Rules, 1971 The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
2004 CII, OH&S Management System Auditor Training Course - Issue 2
The Factories Act

The principal health and safety law, The Factories Act, 1948 is based on the British Factories Act. Amended after Bhopal gas tragedy demanded a shift from dealing with disaster (or disease) to prevent its occurrence. The Factories (Amendment) Act came into force on 1 December 1987. This Act does not cover hospitals.
The Factories Act

Social legislation enacted for occupational safety, health and welfare of workers at work places. The legislative hierarchy Labour Commissioner Chief Inspector of Factories Dy. Chief Inspectors of Factories Technical officers i.e. Inspectors of Factories
The Factories Act

Purpose of the Act
Consolidates and amends the laws regulating workers in factories. Objective was to address securing health, safety and welfare of the industrial workers. Also covers proper disposal of wastes.
Applicability
The industries in which 10 or more than 10 workers are employed + engaged in manufacturing process being carried out with the aid of power.
20 or more than 20 workers are employed in manufacturing process being carried out without the aid of power.
Factories Act - Overview

Approval, licensing and registration of factories General duties of the occupant Powers of inspectors Cleanliness Ventilation and temperature Dust and fume Artificial humidification Fencing of machinery Self-acting machines Casing of new machinery Hoists and lifts Devices for cutting off power General safety Precautions against dangerous fumes and gases Explosive or flammable dusts, gases, etc Precautions in case of fire Compulsory disclosure of information by occupant Occupant responsibility for hazardous processes Permissible limits of exposure to chemical and toxic substances
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Factories Act - Overview (contd)

Workers participation in safety management Right of workers to warn about imminent danger First-aid equipment Notice of certain accident Notice of certain diseases Power to direct inquiry into accidents or diseases Penalties Right of workers
Mandatory duties of the

Occupant
Provision and maintenance of Plant and Systems that are safe and without risks to health. Ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances. Provision of information, instruction, training and supervision necessary to ensure the health and safety of all workers at work Provision, maintenance or monitoring of the Working Environment to ensure it is safe, without risks to health Preparation and maintenance of a written Health and Safety Policy
Powers of Inspectors
An Inspector may, within the local limits for which he is appointed may enter any factory and:
make examination of the premises, plant, machinery, article or substance; inquire into any accident or dangerous occurrence, and take statements of any person require the production of any document or record relating to the factory seize, or take copies of, any register, record or other document.
Powers of Inspectors (contd)

direct the occupier that any premises/ any part/ anything lying shall be left undisturbed for so long as is necessary for examination under the investigation take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination, taking with him any necessary instrument or equipment in case of any article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any test.
12
Cleanliness
Daily : Removal of accumulation of dirt and refuse; Weekly : floors must be cleaned by washing, using disinfectant / or by some other effective method; Specified Intervals ( Not defined ) : Repainting and cleaning of all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases. Once in every period of five years : Repainting of all doors and window-frames and other wooden or metallic framework and shutters. Where a floor is liable to become wet effective means of drainage must be provided; The dates on which required cleaning is conducted must be documented;
13
Ventilation & Temperature

Act requires that factories provide:
adequate ventilation by the circulation of fresh air, and a temperature which will provide reasonable conditions of comfort and prevent injury to health;
The State Government may prescribe a standard of adequate ventilation and reasonable temperature.
Dust & Fume

Requirement to implement effective measures to prevent inhalation and accumulation of injurious or offensive dust, fumes or other contaminants. Ventilation control must be applied as near as possible to the source of the dust, fume or other impurity, and the source enclosed so far as possible. Stationary internal combustion engines shall not be operated inside a factory unless the exhaust is conducted into the open air.
Hazardous Processes
Definition:
Any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials, intermediate of finished products, by-products, wastes or effluents, would:
Cause material impairment to the health of the persons engaged or connected with the process, or Result in pollution of the general environment
16
Hazardous Processes : Requirements

(manufacturing, storage, handling and transportation of any chemical/toxic/harmful substances )
Occupier shall 1. Maintain accurate and up-to-date health records or medical records. 2. Qualified and experienced person for handling hazardous substances and competent supervisor. 3. Provide all the necessary facilities for protecting the workers. 4. Provide for medical examination of every worker(a) Before assigned to a job and (b) While continuing in job, and after he has ceased to work in job at intervals not exceeding twelve months.
Precautions in case of fire

(1) Safe means of escape for all persons in the event of a fire. (2) The necessary equipment and facilities for extinguishing fire. (3) Awareness to all the workers w.r.t. means of escape in case of fire (4) Adequate training for routine to be followed in emergency .
Safety Officers : Requirement

1. Wherein 1000 or more workers are ordinarily employed, or 2. Wherein, in the opinion of the State Government, any manufacturing process or operation is carried on involving any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory.
Safety and occupational health surveys.

The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services may undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for the survey.
20
Fencing of Machinery
Appropriate guards are required on:
every moving part of a prime-mover every flywheel connected to a prime-mover, water-wheel and water-turbine; any part of a stock bar which projects beyond the head stock of a lathe; and unless they are positioned or constructed as to be safe, every:
part of an electric generator, a motor or rotary converter; part of transmission machinery; and every dangerous part of any other machinery;
The State Government may prescribe further precautions for working on equipment that is in motion, including special training.
Hoists and Lifts

Every hoist and lift in a factory must be:
of good mechanical construction, sound material and adequate strength properly maintained Inspected semi-annually with documentation of results protected by an enclosure fitted with gates to prevent any person from being trapped clearly marked with maximum load fitted with a gate on each side with access to a landing (for lifting persons)
Every gate shall be fitted with inter-locking device such that:

gate cannot be opened except when the cage is at the landing, and cage cannot be moved unless the gate is closed.
Confined Space Entry

No person can enter a confined space (ie.,chamber, tank, vat, pit, pipe, flue) in which any gas, fume, vapour or dust is likely to be present, unless:
effective means of egress is provided all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless:
a written work permit is issued based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust: or suitable breathing apparatus and a belt securely attached outside the confined space is provided.
If any inflammable gas, fume or dust is likely to be present in the confined space, no lamp or light other than that of flame-proof construction shall be permitted to be used therein.
Exposure Limits
Chemicals or toxic substances
The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule
Noise
The Act does not specifically provide noise criteria Guidelines for continuous and impulsive noise which may be applied in India are available
Worker Participation
Factory occupant must establish a Safety Committee
equal number of representatives of workers and management promote co-operation in maintaining proper safety and health at work reviews periodically the measures taken in that behalf
State Government may exempt the occupier of any factory or class of factories from setting up such Committee. The Act does not state specific requirements for a Safety Committee
25
First-Aid
Occupant must provide readily accessible first aid supplies:
1 First aid box / 150 workers ordinarily employed at any one time in the factory Nothing except the prescribed contents shall be kept in a first-aid box.
Each first-aid station must be maintained by a separate responsible person, who holds a recognised certificate in first-aid treatment who is always be readily available during the working hours of the factory. An ambulance room for more than 500 persons must be provided and maintained by trained medical or nursing staff
26
Notification of Accidents
Person in charge of a factory must notify the authorities in the case of an accident that causes death or bodily harm such that the person is unable to work for a period of 48 hours or more
Inspector must investigate within a period of one month

Notification of Diseases
Person in charge of a factory must notify authorities is a work contracts one of the diseases listed in the Third Schedule
Medical practitioner attending to a person with a disease listed in the Third Schedule must report immediately to the Chief Inspector
Workmens Compensation Act, 1923 & Rules, 1924

Object: In the case of an employment injury compensation be provided to the injured workman and in case of his death to his dependants. Employer to pay compensation : In case a personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer is liable to pay compensation in accordance with the provision of the Act within 30 days from the date of accident.
When employer is not liable

1. In case the disablement of workman is three or less days; 2. Except in case of death when the injury is caused due to influence of drink or drug taken by the workman 3. Upon his willful disobedience to obey safety rules or removal of safety guards by him.
Amount of compensation :
(1) In case of death:- amount equal to 50% of the monthly wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/- whichever is more. (2) In case of permanent total disablement 60% or Rs. 90,000/- whichever is more and (3) In case of permanent partial disablement proportionate to the disability arrived
Notice & Claim

Notice: An injured person or his dependants have to give a notice to the employer to pay compensation. Claim: Upon the failure or refusal of an employer to give compensation, an application is to the made in Form - F to the Commissioner under the Workmen's Compensation Act ( Assistant Labour Commissioner or the Labourcum-Conciliation Officer ) of the area. After hearing both the parties, the Commissioner decides the claim.

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OHSAS 18001

Health & Safety Legislation in India

2004 CII, OH&S Management System Auditor Training Course - Issue 2

The Factories Act

The Factories Act

The Factories Act

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Factories Act - Overview

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Factories Act - Overview (contd)

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Mandatory duties of the

Powers of Inspectors (contd)

2004 CII, OH&S Management System Auditor Training Course - Issue 2

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Ventilation & Temperature

Dust & Fume

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Hazardous Processes : Requirements

Precautions in case of fire

Safety Officers : Requirement

Safety and occupational health surveys.

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Hoists and Lifts

Every gate shall be fitted with inter-locking device such that:

Confined Space Entry

2004 CII, OH&S Management System Auditor Training Course - Issue 2

2004 CII, OH&S Management System Auditor Training Course - Issue 2

Inspector must investigate within a period of one month

Workmens Compensation Act, 1923 & Rules, 1924

When employer is not liable

Notice & Claim

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