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QHSE ENGINEERING SERVICES.

REGISTER

OF

LEGAL AND OTHER

REQUIREMENTS

PREPARED BY:VISHWAKIRAN APPROVED BY : PRASHANT KOLWALKAR


DATE: 6 JUNE 2013
List of applicable laws and regulations
01 The Air (Prevention and Control of Pollution) Act, 1981 A
02 Environmental (Protection) Act, 1986 A
03 The Environmental (Protection) Rules, 1986, amended up to 2008 A
04 Notification on Control of noise from DG sets A
05 The Hazardous Waste (Management & handling) Rules, 1989,
amended up to 2008 A
06 Manufacture, storage and Import of hazardous chemicals Rules,
1989, amended up to 2002. A
07 The Noise pollution (Regulation & Control) rules, 2000 A
08 The Central Motor vehicles Rules, 1989. A
09 The Petroleum Act, 1934. A
10 The Central Motor Vehicles Act, 1988. A
11 Regulation on Recycling of Waste Hazardous Materials A
12 Batteries (Management & Handling) Rules, 2001 A.
13. Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996. A.

A: Applicable
LEGAL PROCEDURAL REQUIREMENTS
S.No Act/Rules Regulation / Obligations Relevant Current Status Responsibility Remarks
Documents
Dust level To take consent
01 The Air (Prevention and Control To Comply with the Conditions in the CLIENT On site follow up
of Pollution) Act, 1981/82/83 “consent to establish” or “consent to Noise Level and documentation
operate”. last checked On site working by contractor
on …… and follow up by Complied
Follow the Ambient Air Quality contractor
Standards for SPM, SOx, NOx, CO
etc.

Furnish information to the HPCB of


any accident or unforeseen act or
event.

Allow entry to the HPCB to ascertain


that provisions of the Act are being
complied with.

Provide access to the HPCB for taking


samples.

To comply with the directions issued


in writing by the HPCB
S.No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
Sent by 7th of
02 Environment To prevent discharges or emissions Air Monitoring Environmental Monthly On site every month
(Protection) Act, 1986, in excess of the prescribed Noise Monitoring Statement report on documentation to be
Rules, 1986 standards. Water Testing etc. Env status maintained by
To furnish information of any Water Pollution sent to contractor and
accidental or unforeseen event. and Air Pollution Client supervision by
Standards CLIENT should
An Environmental Statement is to prepare
be submitted in the prescribed Environmental
format by 30th September every Statement on basis of
year documentation
submitted by
To comply with the directions of contractor and submit
the MoEF/ HPCB. The directions it to HPCB
may include:

i) Closure, Prohibition or regulation


of any activity of CLIENT; or

ii) Stoppage or regulation of the


supply of electricity, water or any
other service.

Allow entry and inspection to


ascertain compliance.

Allow samples to be taken.

DGs with Enclosures for Complied


03 Notification for Noise DG sets (above 15kw) should be D.G. Sets, & other Relevant Accoustic generators should be
levels for diesel provided with acoustic enclosures. Plant Machinery Notification Enclosure constructed by
generator sets The insersion loss should be at least s provided Contractor All Legal
25 dB (A) or the ambient noise Permissions to be taken
by CLIENT
level whichever is maximum
S.No Act/Rules Regulation / Obligations Applicable area Relevant Documents Current Responsibility Remarks
Status
04 The Hazardous Waste To identify the wastes generated and Oil, Grease, Epoxy Being Legal/Written: Complied
Management & cover under the regulation (by & Resin, disposed CLIENT. On site
Handling) Rules, referring Schedule 1 & 2) Admixture, off through implementation by
1989; Lead/Acid Batteries CPCB contractor
Obtain Authorization for the etc. approved
collection, storage, treatment and Contractor should vendors
disposal of hazardous wastes submit bentonite only
proper handling &
Generate inventory of hazardous disposal procedure
wastes in the Form N0.3. Return on and consent should
the generated waste is to be filed in be taken by
the Form No.4 CLIENT.

Follow a Manifest system (according Copy of


to the Form 9) for off-site disposal of Form 9
hazardous wastes being recd
from the
Labelling and packaging of waste vendor.
containers should be as per Motor
Vehicle Act, Rules for transportation
of haz. Waste

05 Manufacture, Storage To identify the chemicals covered . Diesel, Paints etc. MSDS Legal/Written:
and Import of under schedule 1, 2 and 3 of the Safety report. CLIENT. On site
Hazardous chemical, regulation (updated monthly) Onsite emergency implementation by
contractor
1989, plan
To identify hazards associated with
CLIENT activity and take adequate
steps for prevention and control.

To provide information, training and


PPEs to the persons handling Emergency
hazardous chemicals Procedure and Plan
To provide relevant information to
persons liable to be affected by a Contractor
major accident.

To submit written report regarding


“Notification of Site” at least 3
months before commencing any
activity (if Schedule 3 is applicable)

To develop information in the form


of a Material Safety Data Sheet
(MSDS)

To notify the concerned authorities


within 48 hours of the occurrence of
a major accident.

To label the specified information on


every container of a hazardous
chemicals

To prepare upto date on -site


emergency plan before commencing
a new industrial activity involving
specified chemicals

To conduct mock-drill at least once in


a month and report be submitted to
the concerned authorities
S.No Act/Rules Regulation / Obligations Applicable area Relevant Documents Current Responsibility Remarks
Status
PUC certificates, PUC Complied
06 The Motor Vehicle To ensure that transportation of Cover the truck & Permission to certificates Contractor
Act, 1988. hazardous materials is taken place Vehicle transport hazardous for all
Central motor in accordance with the regulation Material or trump vehicles by
Vehicle Rules card with vehicle. Admn
- Manner of display of class R.C. book , T.C. Dept.
labels Book & insurance
- Safe transfer of hazardous goods Certificate of the
- Driver to report to the police vehicle
station about accidents

Oil storage
07 The Petroleum To obtain a permit under the Diesel Storage , Oil NA being less N.A
Act, 1934. regulation from the CCE for the & Grease Storage than 2500 Contractor
quantities of petroleum product (s) litres, no
stored license
reqd
The permit is renewable.

Follow the conditions provided in the


permit

08 Regulation on These materials to be auctioned to Oil, Grease, Epoxy Contractor: On site Complied
Recycling of waste only those recyclers who are & Resin, Admixture, implementation and
oil, spent lead-acid registered with the Ministry of Lead/Acid Batteries legal requirement with
batteries and non- Environment & Forests etc. CLIENT.
ferrous scrap
Traders should not be involved in
such auctioning/ contract
08 A Training to Authorized training provider with Training passport for Training plan, All subcontractor
scaffolders, proper certification of the scaffolders, all the skilled crew training matrix, skill personnel, at site.
riggers, crane riggers, crane operator, heavy training certificates,
operator equipment operator.
09 Batteries Old batteries need to be returned to Spent Batteries on Will be sold to Being Contractor: On site Complied
(Management & the OEMs site suppliers returned to implementation and
Handling) Rules, the battery legal requirement with
2001 supplier CLIENT.
LEGAL PROCEDURAL REQUIREMENTS
Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996.
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
1. Registration of a) Manner Of Making Application – Admn Head (ADMN)
Establishment The application shall be made in triplicate, as
per the standard format.
Every application should be accompanied by a
demand draft of the fees.
Application either personally delivered or sent
by post.
On receipt of the application, the registering
officer shall, after noting the date of receipt, grant
an acknowledgement to the applicant.
b) Grant of certificate of registration - after
receiving the application, The Registering Officer
shall issue a certificate to the applicant within 15
days.
c) Payment of additional fees and amendment of
register etc. – when the registering officer is
satisfied that an amount higher than the amount,
which has been paid by the employer as fees, he
shall require such employer to pay additional
sums, which together would be equal to the such
amount which is payable for the registration.
d) Condition of registration – it shall be non-
transferable, the number of workmen shall not
exceed the maximum limit, the employer shall
submit a written notice to the inspector about the
commencement or completion of work.
e) Fees –A fees to be paid for the grant of a
certificate of registration as per the rule.

2. Display Of A copy of the certificate shall be displayed at the Site Office Head(ADMN)
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
Registration premises where the construction work is being
Certificate At carried out.
Workplace

3. Hours of Work No worker shall be required or allowed to work Site Office Head(ADMN) Complied
for more than nine hours a day or 48 hours a
week. Not allowed to work for continuously 5
hours.
4. Register of A register of overtime, for recording therein the ADMN Deptt Head(ADMN) Complied
Overtime number of hours of, and the wages paid for
overtime work.
5. Weekly Rest And No building worker employed in building or ADMN Deptt Head(ADMN) Complied
Payment At Rest other construction work shall be required or
allowed to work on the rest day unless the will of
the worker or a substitute rest day.
6. Night Shift The hours after midnight during which the ADMN Deptt Complied
worker has worked shall be counted towards the
previous day.
7. Intimation Of Every employer shall intimate the inspector in ADMN Deptt Complied
Commencement written, before 30 days, about the commencement
And Completion
of the work.

8. Maintenance If any change is occurs in any of the particulars ADMN Deptt Complied
Commencement furnished the employer shall intimate such
And Completion
changes to the employee

9. Register Of Employer shall maintain in respect of each ADMN Deptt Complied


Persons registered establishment, where he employs
Employed As
Building
building workers.
Workers

10. Payment of if less than 1000 workers are employed then all ADMN Deptt Complied
Wages wages shall be paid before the expiry of the 7th
day or in other case before the expiry of 10th day.
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
11. Display Of The date, place and time of wages to be paid shall ADMN Deptt Complied
Notice Of Wages be displayed at the working area in Hindi,
regarding
English and local language.
12. Register Of A register of deduction, damage or loss, register ADMN Deptt Complied
Damage And of fines and register of advance shall be
Loss
maintained by the employer.
13. Issue of Wages When the wage period is 1 week or more, the ADMN Deptt Complied
Book employer shall issue the wage book to each
worker.
14. Service Employer shall issue the service certificate to ADMN Deptt Complied
Certificate For each of building worker on termination of the
Each Workers
service on account of completion of work or any
other reason.
15. Display An Every employer shall display at the conspicuous ADMN Deptt Complied
Abstract Of places of the work site, an abstract of the Act and
BOCWA And
BOCWR
the rules in Hindi, English and local language
understood by the workmen.
16. Annual Return employer shall send annually a return relating to ADMN Deptt Complied
the establishments to the registering officer so as
to reach him no later than 15th February
following the end of each calendar year with a
copy to the inspector.
17. Drinking Water employer shall provide the sufficient supply of ADMN Deptt Complied
wholesome water, provided and maintain at
suitable locations for all persons, with properly
marked as “Drinking Water”.
18. Latrines & Urinals employer shall provide sufficient latrine and ADMN Deptt Complied
urinal accommodation of prescribed type with
properly marked as “For Men” and “For Women”
at the suitable locations.
19. Accommodation employer shall provide free of charge with in the ADMN Deptt Complied
work site or near to it, temporary living
accommodation to the workers for such period till
the construction work in progress.
20. Creches every place wherein more than 50 female workers ADMN Deptt Complied
are employed, the employer shall provide and
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
maintained the room or rooms for the use of
children below the age of 6 years.
21. First-Aid Boxes sufficient number of first aid boxes are provided ADMN Deptt Complied
and maintained, which shall be properly named as
“First-Aid”, for the workers.
22. Canteens employer shall provide and maintain a canteen in ADMN Deptt Complied
every place wherein not less than 250 building
workers are ordinarily employed.
23. Food Stuff And The food items served in the canteen shall be in ADMN Deptt Complied
Other Items conformity with the normal dietary habits of the
Served In The
Canteen
workers.
24. Supply Of Tea at a work place, situated at a distance of more ADMN Deptt Complied
And Snacks In than 0.2 Km from the canteen, the arrangements
Work Place
shall be made by the employer for serving tea and
light snacks at these places.
25. Food Charges The charges for food and beverages and other ADMN Deptt Complied
On No Profit No items served in the canteen should be on no profit
Loss Basis
no loss basis and the price list of such items
should be properly displayed.
26. Safety Committee establishments wherein 500 or more workers are Safety Deptt Complied
ordinarily employed, there shall be a safety
committee constituted by the employer with such
number of executives as prescribed by the state
government. The main function of the committee
would be to identify the probable cause of
accident and unsafe practices at the work place
and suggest remedial measures.
27. Safety Officer officers of the safety committee shall be Safety Deptt Complied
appointed as per the scale, and shall be assisted
by suitable and adequate staff.
Whenever the workers employed are less than
500, such employer may form a group and
appoint a common safety for such groups, with
prior permission of Director General.
28. Reporting Of the injured worker shall be providing first aid Safety Deptt Complied
Accidents And facility and immediately thereafter be transferred
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
Dangerous to the hospital for medical treatment. Where any
Occurrences accident results to death, the notice of such deaths
shall be communicated to the authorities in
written. In case of the failure of any machinery,
which can lead to an accident, shall be kept
undisturbed until inspected by the inspector.
29. Procedure For the enquiry shall commence as early as possible Safety Deptt Complied
Inquiry In To The or within 15 days of getting the notice of
Cause Of
Accidents
accident. The authority may conduct the enquiry
either by himself or by an enquiry officer
appointed by such authority.
30. Responsibility of employer shall be responsible for providing Projects Manager Complied
Officer constant and adequate supervision of any building
or other construction work as to ensure the
compliance with the provision of this act relating
to safety and for taking all practical steps
necessary to prevent accidents.
31. Responsibility it shall be the duty of them to ensure any Safety Deptt Complied
Of Architect, consideration is given while considering the
Project Engineer
And Designers
safety and health aspects of the workers who are
involved in the erection, operation and execution
of such projects.
32. Responsibilities it shall be the duty of every building worker to All deptts Complied
Of Workmen comply with the requirement of the rules relate to
him, and act and co-operate in carrying out the
requirements of these rules. It shall be the
responsibility of the workers to keep the welfare
facilities provided by the employer in a clean and
hygienic condition.
33. Responsibility the employer shall be responsible for payment of ADMN Deptt Complied
Of Payment Of wages and compensation to the worker employed
Wages And
Compensation by him on or before the due date as may be
applicable.
34. Penalties and whoever contravenes any other provision of this Complied
Procedures act or who fails to comply with any provision of All deptts
this act, where no express penalty is elsewhere
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
provided for such contravention or failure, be
punishable with fine.
35. Excessive employer shall ensure to protect the workers Safety Deptt Complied
Noise, Noise Etc against the harmful effect of excessive noise or
vibration at the construction site and the noise
level in no case exceeds the limits laid down.
36. Fire Protection the construction sites shall be provided with Safety Deptt Complied
suitable fire extinguisher, adequate water supply
with ample pressure and the trained persons. The
fire fighting equipment should be properly placed
and inspected at regular interval.
37. Emergency Action employer shall ensure at a construction site, Safety Deptt Complied
Plan where more than 500 workers are employed,
proper emergency action plan is maintained.
38. Fencing of Motors the employer shall ensure that all motors, gears Safety Deptt Complied
shafts and moving part of machinery are securely
fenced of lagged. The fencing of such parts shall
not be removed while such machinery is in
motion.
39. Lifting And no building worker lifts by hand or carries over- All deptts Complied
Carrying Of head any material, tool or appliances exceeding in
Excessive
Weight weight the maximum limits set out as follows:
40. Health, Safety every establishment 50 or more building workers Safety deptt Complied
And shall prepare a written statement of policy in
Environment
Policy
respect of health and safety of the workers and
submit the same for the approval of the director
general.
41. Dangerous And when an internal combustion engine exhaust into All deptts Complied
Harmful a confined space, suitable measures are to be
Environment
taken at such places. No worker is allowed to
enter such places that are likely to bring injuries
to the worker.
42. Overhead the employer shall ensure that the overhead All deptts Complied
Projection protection is erected along the periphery of every
building under construction, which shall be of 15
meters in height.
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
43. Slipping, all passageways, platforms and other places of All deptts Complied
Tripping, construction work shall be kept free from any
Cutting,
Drowning And
such materials which can harm the workers.
Falling Hazard
44. Dust, Gases, the employer shall prevent concentration of dust, All deptts Complied
Fumes Etc. gases or fumes by providing suitable means to
control their concentration within the permissible
limit so that they may not cause the health hazard
to any worker.
45. Corrosive employer shall ensure that the person, who is All deptts Complied
Substance handling the corrosive substances like acids and
alkalis, is provided with suitable protective
equipment. In case of spillage the employer shall
take immediate remedial measures.
46. Eye Protection suitable personal protective equipment shall be All deptts Complied
provided by the employer to the worker which are
engaged in welding, cutting, chipping or similar
operations.
47. Head Protection every building worker require to pass through or All deptts Complied
And Other working within the areas where there is hazard of
Protective
Apparel his being struck by falling objects shall be
provided by the safety helmets. If the worker is
working in water or wet concrete, he should be
provided by the water - proof boots.
48. Electrical Hazard shall take adequate measure to prevent the worker All deptts Complied
to directly come into contact with any electrical
equipment or live electrical circuit. The employer
shall display and maintain suitable warning
signals.
49. Vehicular Traffic whenever the construction work is being carried All deptts Complied
on or is near the proximity of a road, the
employer shall ensure that the construction work
place is barricaded and suitable warning signals
are displayed.
50. Illumination Employer shall ensure that all work places where Civil Deptt Complied
excavation work is done shall be illuminated
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
according to the national standard.
51. Stacking of Shall ensure that all building materials are stored Civil Deptt Complied
Material or stacked in a safe and orderly manner to avoid
obstruction of any passageway or place or work.
52. Disposal of Debris Debris are handled and disposed of by a method, Civil Deptt Complied
which does not cause danger to the safety of a
person. Debris are not allowed to concentrate.
53. Lifting Appliances  Construction and maintenance of lifting Crane Supplying Complied
and Gears appliances: all appliances including their parts, Agencies
whether fixed or movable shall be of sound
material and adequate strength.
 Test and periodical examination of lifting
appliances
 Automatic safe load indicators: proper warning
signal shall be there.
 Installation: shall be by trained person and
such appliances cannot be displaced by the
load, vibration or other influences.
 Winches: shall not be used if control levers
operate with excessive friction or play.
 Buckets: tip-up buckets shall be equipped with
a device that effectively prevents accidental
tipping.
 Identification and marking of safe working
load: every lifting appliance shall be marked
with its safe working load capacity.
 Loading of lifting appliances and lifting gears:
no lifting appliances shall be used in an unsafe
manner and shall not be operated beyond their
loading capacity.
 Operator’s cab or cabin: shall be made up of
fire resistant material with a comfortable seat
with adequate view.
 Operation of lifting appliances: the operator
posses adequate skill and training in the
operation.
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
 Hoists: hoist tower shall be designed
according to the national standard.
 Fencing of and means of access to lifting
appliances: the operator’s platform on every
appliance is securely fenced and is provided
with safe means of access.
 Rigging of derricks: every derrick shall have
current and relevant rigging plans for safe
rigging of such derricks.
 Securing of derrick foot: appropriate measures
shall be taken to prevent the foot of a derrick
being lifted out of its socket or support.
 Construction and maintenance of lifting gear:
shall be of good design, adequate strength and
sound material to perform the work.
 Test and periodical examination of lifting gear
 Ropes: shall be of good strength and free from
patent defects.
 Hear treatment of lifting gear.
 Certificate to be issued after actual testing and
examination etc.
 Register of periodical test, examination and
certificates thereof
 Vacuum and magnetic lifting gear: no such
gear or any other such gear shall be used which
uses adhesive power, is used while workers are
working beneath such gear.
 Knotting of chains and wire ropes: no chain or
wire rope shall be used with a knot in it.
 Carrying on persons by means of lifting
appliances, etc.: no building worker shall be
raised, lowered or carried by a power driven
lifting appliance.
 Hoists carrying persons: a hoist carries no
worker unless it is provided with a cage.
S. No Act/Rules Regulation / Obligations Applicable area Relevant Current Responsibility Remarks
Documents Status
 Attachment of loads: when a sling is used to
hoist long material, a lifting beam is used to
space the sling legs for proper balance.
 Qualification of operator of lifting winches and
of signaler, etc.: shall be above 18 yrs. of age
and possess the knowledge of the inherent risk
involved in the operation.
54. Transport  Earth moving equipment and vehicles: all Civil Deptt
Equipment vehicles shall be of good material and proper
design and of sufficient size to carry the
containers. All such vehicles are inspected at
least once a week.
 Power shovels and excavators: a shovel or an
excavation used for work is constructed,
installed, operated, tested and examined as
required under the law.
 General safety: every vehicle or earth moving
equipment shall be equipped with silencer, tail
lights, power and hand brakes, reversing alarm,
etc.
55. Ladders and Step  Construction and safe use: shall be of adequate Concerned Deptt
Ladders strength and of sound material and constructed
according to the national standard. These
ladders shall not slip.
 Rungs: no ladder is used which has a missing
or defective rung or a rung which solely
depends upon nails. Spikes or other similar
fixing.
 Material for ladder: are constructed upright of
adequate strength and are made of straight-
gained wood, free from defects and having the
grains of such wood running lengthwise.
56. Stacking and  Stacking and unstacking of material and Concerned Deptt
Unstacking articles: stacking of material is made on firm
foundation not liable to settle and deviate such
material and does not overload the floor on
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which such stack is made. Stacks, which may
lean heavily or become unstable, shall be
barricaded.
 Stacking of cement and other material bags:
such stack pile shall not be more than ten bags
in height unless a support is provided. Bags
containing cement or lime should be stored in
dry place.
57. Medical Medical examination shall be done by such Safety Deptt
Examination for medical officers or at such hospitals, which are
Building and
Other
approved by central/state government.
Construction
Worker, Crane
Operator and
Transport Vehicle
Drivers
58. Charging of No worker shall be charged for medical Admn Deptt
Worker for examination and the cost of such examinations
Medical
Examination
shall be borne by the employer.
59. Ambulance Van If 500 or less workers are employed the employer Safety Deptt
and Room shall provide the ambulance room at construction
site or an arrangement with the nearby hospital.
In case of more than 500 employees, the
employer shall provide an ambulance.
60. Stretchers The employer shall ensure that sufficient numbers Safety Deptt
of stretchers are provided at the construction site.
61. Occupational A special medical service or an occupational Safety Deptt
Health Service for health shall be available at the construction site
Building Workers
and such service shall provide first – aid and
emergency treatment, periodical medical
examinations and training to the workers.
62. Emergency Care The employer shall ensure that special life saving
Service and aids and appliances are provided to handle the
Emergency
Treatment
emergency conditions.
63. Power of the inspector may examine the construction site,
Inspectors take photographs, video clips, samples as he may
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Documents Status
consider necessary for

the purpose of any enquiry. He may hold an


enquiry into the cause of any accident and may
file in a court having jurisdiction, a complaint or
other offence.
Client Requirements
64. Monthly Report Monthly Report on SHE Statistics to be sent by 7 Complied Safety Deptt
th of every month
65. Report of Report of Dangerous occurrence to be sent to NA Safety Deptt
Dangerous Client/Local Concern Authority within 24 hrs
Occurence

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