Paki st an O ccupat i on al

Heal t h And Saf et y Act

2018
PRESENTERS:
AZKA KHAN 03

SEHRASH NAZ 18

MILHAN QAISAR 07

FIZZA KHALIL 35

AMMARA IFTIKHAR 27

AMNA HAIDER 02

PRESENTED TO:
MRS. NAYYAR SULTANA LASHARI
 CONTENTS
8 PowersofthenationalOHSdirectorate

Establishment,powerandfunctionsofprovincialOHSdirectorate
9

10 Duties

11 Penalties
 CONTENTS
12 Offencesbycorporatebodies 13 Offencesbygovernmentagencies

14 OHStribunals 15 JurisdicationofpowersofOHStribunals

16 AppealstotheOHStribunals 17 AppealsfromordersoftheOHStribunals
 CONTENTS
18 JurisdicationofOHSmegistrate 19 AppealsfromordersofOHSmegistrate

20 Powertodeligate 21 Power to give directions

22 Indemnity 23 Duesrecoverableasarrearsoflandrevenue
 CONTENTS
24 Acttooverrideotherlaws 25 Powertomakerules

26 Powertoamendtheschedule 27 Powertomakeregulationsandstandards

28 Repeal,savingsandsuccessions
 1

AZKA KHAN
Establishment of Pakistan National OHS Council
Prime Minister (Chairperson)
Minister in charge of the Ministry (Vice Chairperson)
Chief Ministers of the Provinces (Members)
Prime Minster of Azad Jammu & Kashmir (Members)
Chief Minister of Gilgit & Baltistan (Members)
Representatives of Professional organizations (Members)
 Cont.…
The members of the council, other than ex-officio members, shall be appointed accordance
with the prescribed procedure and shall hold office for a term of three years.
Council shall frame its own rules of procedure.
Council shall hold meetings, as and when necessary, but not less than two meetings, shall be
held in a year.
 Functions and Powers of the Council
tzShall co-ordinate and supervise enforcement of the provisions of this act.
Approve comprehensive OHS policies and ensure their implementation within the framework
as may be approved by the federal government from time to time.
Approve the legislation, regulations, codes, standards and policies relevant to occupational
health, safety and welfare.
To promote occupational health, safety and welfare within the broader community.
Establishment of the National OHS Directorate
The Federal Government shall, by notification in the official Gazette, establish the National
OHS Directorate.
The National OHS Directorate shall be headed by a Director-General who shall be appointed
by the Federal Government on such terms and conditions as it may determine.
The National OHS Directorate shall have such administrative, technical and legal staff, as the
Federal Government may specify, to be appointed in accordance with such procedures may
be prescribed.
Establishment of the National OHS Directorate
The Federal Government shall, by notification in the official Gazette, establish the
National OHS Directorate.
The National OHS Directorate shall be headed by a Director-General who shall be
appointed by the Federal Government on such terms and conditions as it may
determine.
The National OHS Directorate shall have such administrative, technical and legal
staff, as the Federal Government may specify, to be appointed in accordance with
such procedures may be prescribed.
 2

SEHRASH NAZ
 Duties
1. Employers must provide employees with safe workplaces free from
recognized hazards that could cause death or serious harm.

2. Employers must adhere to occupational health and safety rules, regulations,

and standards established under the Act.

3. Employees must follow occupational safety and health rules, regulations, and
standards applicable to their actions and conduct.
 Penalties
Penalties for non-compliance: Up to 5 million rupees for organizations and 500,000 rupees for
individuals.

Sentencing considerations: Courts consider extent, duration, and circumstances of the

violation.
1. Additional fines: If monetary benefits are gained from the offense, offenders may be
ordered to pay extra fines.
2. Repeat offenders face harsher penalties.
Penalties include: notification to relevant associations, up to 2 years imprisonment,
factory/business closure, confiscation of assets involved in the violation.
Imprisonment reserved for repeat offenders within three years of Act commencement.
 Penalties
3. Director-General can authorize compounding of offenses under the Act.

4. Administrative penalties can be imposed instead of prosecution.

5. Repeat offenders or those who have compounded an offense previously are not eligible
for administrative penalties.
 Offences by corporate bodies
Individuals in corporate bodies responsible for offenses are liable for punishment.
1. Directors, partners, managers, etc., deemed guilty if offense committed with their consent,
connivance, or negligence.
2. Chief Executive of a company is primarily liable under this section.
3. “Corporate body” includes firms, associations, and registered societies.
 Offences by Government Agencies
1. local authorities, or councils are addressed.
2. If a contravention occurs with the consent, connivance, or negligence of the Head or any
officer, they’re deemed guilty.
3. Both the agency/council and the responsible officer are liable for punishment.
 3

MILHAN QAISER
 OHS Tribunals
• For every sitting of the OHS Tribunal, the presence of the Chairperson and not less
than one Member shall be necessary.
• An OHS Tribunal may hold its sittings at such places within its territorial jurisdiction as
the Chairperson may decide.
• No act or proceeding of an OHS Tribunal shall be invalid by reason only of the
existence of a vacancy in, or defect in the constitution, of the OHS Tribunal.
• The terms and conditions of service of the Chairperson and members of the OHS
Tribunal shall be such as may be prescribed.
• An OHS Tribunal shall not, merely be reason of a change in its composition, or the
absence of any member from any sitting, be bound to recall and rehear any witness
who has given evidence, and may act on the evidence already recorded by, or
produced, before it.
• An OHS Tribunal shall consist of a Chairperson who is, or has been, or is qualified for
appointment as, a judge of the High Court to be appointed after consultation with the
Chief Justice of the High Court and two members to be appointed by the Federal
Government of which at least one shall be a technical member with suitable
professional qualifications and experience; in the OHS field as may be prescribed.
 Jurisdiction and powers of OHSTribunals
• An OHS Tribunal shall exercise such powers and perform such functions as are, or may be,
conferred upon or assigned to it by or under this Act or the rules and regulations made
thereunder.
• All contravention punishable shall exclusively be triable by an OHS Tribunal.
• In exercise of its criminal jurisdiction, the OHS Tribunals shall have the same powers as are
vested in Court of Session under the Code of Criminal Procedure (amendment).
• Provided that such warrant shall be applied for, issued, and executed in accordance with the
provisions of the Code of Criminal Procedure (amendment), Act 2011.
• No court other than an OHS Tribunal shall have or exercise any jurisdiction with respect to
any matter to which the jurisdiction of an OHS Tribunal extends under this Act, the rules and
regulations made thereunder.
• In exercise of the appellate jurisdiction under section 15, the OHS Tribunals shall have the
same powers and shall follow the same procedure as an appellate court in the Code of Civil
Procedure, 1908 (Act V of 1908).
 Appeals to the OHS Tribunal
• Any person aggrieved by any order or direction of the Federal Agency or any
Provincial Agency under any provision of this Act, and rules or regulations may
prefer an appeal with the OHS Tribunal within thirty days of the date of
communication of the impugned order or direction to such person.
• An appeal to the OHS Tribunal shall be in such form, contain such particulars
and be accompanied by such fees as may be prescribed.
 4

FIZZA KHAIL
 Appeals from orders of the OHS tribunal

1) Any individual who feels unfairly treated by a final decision or sentence made by the
Occupational Health and Safety (OHS) Tribunal under the relevant Act has the right to
appeal within thirty days of receiving notice of that decision or sentence.

2) Appeals must be heard by a panel of at least two judges in the High Court. This is to
ensure that decisions are reviewed thoroughly and not left to the discretion
of a single judge.
 Jurisdication of OHS megistrate

1) Contraventions punishable under section 17(2) are exclusively triable by a judicial

Magistrate of the first class designated as an OHS Magistrate by the High Court,
regardless of any other laws in force.

2) An OHS Magistrate has the authority to impose any punishment specified in section
17(2).

3) An OHS Magistrate can only take cognizance of offenses under section 17(2) upon a
written complaint by the Federal Agency, Provincial Agency, Government Agency, local
council, or any aggrieved person.
Appeals from orders of OHS megistrate

- Individuals convicted of violating this Act, its rules, or regulations by an OHS

Magistrate have the right to appeal within thirty days of the conviction.

- Appeals must be made to the Court of Sessions.

- The decision of the Court of Sessions on such appeals is final.

 Power to deligate

1) The Federal Government can delegate its powers and functions, along with those of
the Federal Agency, under this Act and its associated rules and regulations to any
Government Agency, council, or authority through an official Gazette notification.

2) Similarly, the Provincial Government can delegate its powers and functions, including
those of the Provincial Agency, under this Act and its rules and regulations to any
Government Agency under its jurisdiction or to any local council or authority within the
province, also via an official Gazette notification.
 5

AMMARA IFTIKHAR
 Power to give directions

In the performance of their functions under this Act-

(a) the federal agency shall be bound by the directions given to them in
writing by the federal government; and
(b) A provincial agency shall be bound by the directions given to it in
writing by the provincial government.
 Indemnity

No suit, prosecution or other legal proceedings shall lie against the federal or
provincial governments, the council, the federal agency or provincial
agencies ,the director generals of the federal agency and the provincial agency,
members, officers, employees, experts, advisers, committees or consultants of
the federal or provincial agencies or the OHS tribunal or magistrates or any other
person for anything which is in good faith done or intended to be done under this
Act or the rules or regulations made thereunder.
 Dues recoverable arrears of land revenue

Any dues recoverable by federal Agency or Provincial Agency under this Act, or the rules or
regulations shall be recoverable as arrears of land revenue
Act to override other laws :
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force.
Power to make rules :
The Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act including implementing the provisions of
the international OHS Agreements, specified in the Schedule to this Act.
Power to amend the Schedule :
The Government may, by notification in the official Gazette, amend the
Schedule so as to add any entry thereto or modify or omit any entry therein.
 6

AMNA HAIDER
Power to make regulations and standards
(1) For carrying out the purposes of this Act, the Federal Agency may, by notification in
the official Gazette and with the approval of

the Government:
(a) Submission of periodical reports, data or information by any Government agency
(b) Preparation of emergency contingency plans for coping with hazarrd.
(c) Appointment of officers, advisers, experts, consultants and employees;
(d) levy of fees, rates and charges in respect of services rendered, actions taken
(e)Laying down of guidelines for preparation of risk assessment and development of
procedure
(f) Providing procedures for handling hazardous substances
 Repeal savings and succession

OHS par t of the following acts may be deleted to avoid duplication

that might create misunderstanding.
(a) the Mines Act 1923
(b) the Factories Act 1934
(c) the Boilers Act 1923
(d) the Explosives Act 1884
(e) the Dock Laborers Act 1934l
(f) the Workmen Compensation Act 1923
(g) the Boilers and Pressure Vessels Ordinance 200
On the establishment of the Federal Agency and Provincial Agencies under this Act, all
properties, assets and liabilities pertaining to the Federal Agency and Provincial
Agencies established under repealed acts shall vest in and be the properties, assets
and liabilities, as the case may be, of the Federal Agency and Provincial Agency
established under this Act.
• Notwithstanding the repeal of any acts, rules or regulations or appointments made,
orders passed, notifications issued, powers delegated, contracts entered into,
proceedings commenced, rights acquired liabilities incurred, penalties, rates, fees
or charges levied, things done or action taken under any provisions of that
Ordinance shall, so far as they are not inconsistent with the provisions of this Act be
deemed to have been made, passed, issued, delegated, entered into, commenced,
acquired, incurred, levied, done or taken under this Act
ANY QUESTION
THANKS