Ohsas 18001

2004 CII, OH&S Management System Auditor Training Course -
Issue 2
1
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 2
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.
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
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
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.
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;
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
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.
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
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
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 Labour-
cum-Conciliation Officer ) of the area.
After hearing both the parties, the Commissioner decides
the claim.

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