SHE Legislation – Chapter 1

The Maharashtra Safety Officers (Duties, Qualifications

and Conditions of Service) Rules, 1982

M. Balachandran
Hand phone no: 9867230331
Section 40-B of The Factories Act 1948 (26.10.1976)
40-B. Safety Officers.- (1) In every factory, -
(i) wherein one thousand or more workers are ordinarily employed ,or
(ii) wherein, in the opinion of the State Government, any manufacturing
process or operation is carried on, which process or operation involves
any risk of bodily injury, poisoning or disease, or any other hazard to
health, to the persons employed in the factory, the occupier shall, if so
required by the State Government by notification in the Official Gazette,
employ such number of Safety Officers as may be specified in that
notification.

(2) The duties, qualifications and condition of service of Safety Officers

shall be such as may be prescribed by the State Government.)

W.e.f. 26.10.1976
Status of various states
• The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Services)
Rules, 1982
• The Tamil Nadu Safety Officers (Duties,
Qualifications and Conditions of Service)
Rules, 2005
Reference :Section 40-B(2) – The Factories Act 1948
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Services) Rules, 1982
Date of publication : 13th April 1982
No of rules : 8
Number of definitions : 7
Appointed day, degree, diploma, Form, Government,
Recognized institution, Safety Officers

Schedule / Annexure : Nil

Form : Nil
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
Titles of rules
1. Short title and extent
(title as above & applicable to the whole state of Maharashtra)

2. Definitions
( appointed day, degree, diploma, form, Government or State Government,
recognised institution & Safety Officers)

3. Qualifications and disqualifications for being appointed as

Safety Officers
Degree in engineering or technology with two or five experience
or
Degree in physics or chemistry or diploma in engineering or technology with 5
years experience. Knowledge of Marathi language & Diploma in Industrial
Safety
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
Titles of rules
4. Appointment of Safety Officer
Within six months from the date of publication of that notification
5. Recruitment of a Safety Officer
Advertisement in two news papers (one shall be in English)
6. Filling of vacancy
Shall be filled up within three months
7. Conditions of Service
Status of HOD, Shall work under directly under the control of
the Chief Executive of the factory, scale of pay as those of the
other officers
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
8. Duties of Safety Officers.- (1) shall be advise and assist
the factory management concerning prevention of
personal injuries and maintaining a safe work
environment . The duties shall include the following
namely:-
(i) Advise in planning and organising measures of the
effective control of personal injuries
(ii) Advise on job studies & carry out selective job safety
studies
(iii) Check and evaluate the effectiveness of action taken of
duty no (i)
(iv) Advise to ensure high quality & availability of PPE
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
8. Duties of Safety Officers …
(v) Advise on matters related to plant safety inspection
(vi) Carry out plant safety inspection to observe anomalies
(vii) Advise on matters related to reporting & investigation of
accidents and diseases
(viii) Investigate selected accidents
(IX) Investigate the dangerous occurrences and industrial
diseases
(x) Advise on maintenance of records related to accidents,
dangerous occurrence and industrial diseases
(xi) Promote setting up of safety committees and act as
advisor of the same
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
8.Duties of Safety Officers …
(xii) Organise campaign / competitions /contests
1st week of January – National Road Safety Week, 4th March –
National Safety Day, 14th April – Fire Service Day , 5th June – World
Environment Day & 2nd December – National Pollution Control Day
(xiii) Design and conduct training and educational
programmes for the prevention of personal injuries

8(2) No safety officer shall be required or permitted to do

any work which is inconsistent with or detrimental to the
performance of the duties mentioned in sub rule(1)
Number of Safety Officers – 2nd Aug 1982
Number of Safety Officers – 7th March2019
Number of Safety Officers – 7th March 2019
Number of Safety Officers – 7th March 2019
Title : The Maharashtra Safety Officers (Duties,
Qualifications and Conditions of Service) Rules, 1982
History of amendments

NOTIFICATION No. FAC.1081/8511/Lab.4 dated 2nd August 1982

NOTIFICATION No. FAC-2018/C.R.146/Lab-4 dated 7th March 2019

The BOC (RoE and CoS) Act, 1996
38. SAFETY COMMITTEE AND SAFETY OFFICERS. –
(1)In every establishment wherein five hundred or more
building workers are ordinarily employed, the employer
shall constitute a Safety Committee consisting of such
number of representatives of the employer and the
building workers as may be prescribed by the State
Government : Provided that the number of persons
representing the workers, shall, in no case, be less than
the persons representing the employer.

(2) In every establishment referred to in sub-section (1),

the employer shall also appoint a safety officer who
shall posses such qualifications and perform such duties as
may be prescribed.
The BOC (RoE and CoS) Rules 2007
The Dock Workers (SHE) Regulation,1990
The CEA(Measures relating to safety and Electric Supply)
Amendment Regulation 2014
Safety requirements – Various laws
• Factories
• Section 40-B of The Factories Act, 1948 / The MSO (D,Q & CoS) Rules, 1982

• Construction Industry
• Section 38 of The BOCW ( RoE and CoS) Act, 1996 and Rule 209 & Schedule VIII of The BOCW ( RoE and CoS)
Central Rules, 1998

• Dock Industry
• Section 31of The Dock Workers (Safety, Health and Welfare ) Act, 1986 and Regulation 93 & Schedule III of
The Dock Workers (Safety, Health and Welfare ) Regulations, 1990

• Atomic Energy Industry

• Section 17 of The Atomic Energy Act, 1962 and Rule 43 of The Atomic Energy (Factories) Rules, 1996

• Electrical Industry
• Rule 5 of The CEA (Measures relating to safety and Electric Supply) Amendment
Regulation 2014
 Comparison of Safety Officers’ Qualification
Factories Dock Atomic Electrical
Requirements BOCW
Act Workers Energy Safety
Degree
Education
Diploma
Deg
Engineering
Experience Diploma /
Degere
Science
Language skill

Industrial Institution
Safety
Specific
course
Subject
Number of
duties

Specific duties
 SHE Legislation – Chapter 1

The Maharashtra Safety Officers (Duties, Qualifications

and Conditions of Service) Rules, 1982

M. Balachandran
Hand phone no: 9867230331