ABSTRACT
Factories Act, 1948-Tamil Nadu Factories Rules 1950-Separate rules for Safety
Officers in Supersession of Rule 61AA of Tamil Nadu Factories Rules 1950 viz. "Tamil
Nadu Safety Officers Rules framed under Section 112 read with sub-section (2)
of section 40 B of the Factories Act, 1948-Draft Notification issued in G.O.(Ms).
No. 93 Labour and Employment Department dated 16.7.2001-Confirmed.
LABOUR AND EMPLOYMENT (M2) DEPARTMENT
G.O.Ms.No.141
Dated:26.10.2005
READ:-
1. G.O.(Ms) No. 93 Labour and
Employment (M2) Department, dated 16.7.2001.
2. From the Chief Inspector of
Factories, Chennai.5 Letter No.B1/12105/2001 dated
23.5.2002 , 13.2.2004 and 19.8.2004. -----------
ORDER:
Industrial accidents have increased
in the Country resulting in human suffering and
economic loss. Accidents are either directly or
indirectly attributable to human failures and one
of the effective ways of controlling them is through
safety awareness. As the task of preventing accidents
is vital and urgent, the Government of India, brought
an amendment to the Factories Act, 1948 (Central
Act LXIII of 1948) for the compulsory appointment
of Safety Officers in Factories employing 1000
or more workers or in factories carrying out hazardous/
dangerous processes/ operation having a risk of
bodily injury or poisoning, which has enabled the
State Government to frame rules in the State Rules.
Accordingly, rule 61-AA has been framed in the
Tamil Nadu Factories Rules, 1950.
2. After
the Bhopal disaster, the Ministry of Labour,
Government of India have brought in some amendments
to the said Act and one among them is the insertion
of the new provisions relating to hazardous processes.
As the number of chemical factories and the Major
Accident Hazard Factories have increased manifold,
in order to ensure occupational safety of all
workers while they are at work, a separate rule
in supersession of the existing rule 61-AA in
the Tamil Nadu Factories Rules, 1950 is felt
necessary exclusively to stipulate the mandatory
requirement of Safety Officers' appointment with
their duties and qualification prescribed
as well as to regulate their service conditions
by which the importance and seriousness of safety
officers appointment and their service conditions
can be made more focussed and meaningful.
3. Further, when the amendments
to the Factories Act, 1948 were made during the
year 1987, the overall aspects on Safety and Occupational
health were taken care of. Now, the number of factories
under Schedule-I under section 2 (cb) of the Factories
Act, 1948 have increased. Tamil Nadu Control of
Industrial Major Accident Hazards Rules, Manufacture,
Storage and Import of Hazardous Chemicals Rules
have come into force for application in Major Accident
Hazards Factories . Awareness on safety is an important
criterion in factories, especially in chemical
industries and Major Accident Hazards factories.
Due to Liberalisation, Privatisation and Globalisation,
factories involving manufacture and storage of
wide spectrum of hazardous chemicals have now come
up, the total number of Major Accident Hazards
factories in Tamil Nadu has come to 129 and the
factories under section 2 (cb) have been more than
5000. At present the safety officers are not delegated
with powers to enforce safety.
4. Accordingly, the Government
in their order first read above approved the Preliminary
Notification for framing of separate rules for
Safety Officers, viz. Tamil Nadu Safety Officers
(Duties, Qualifications and conditions of Service)
Rules 2001 under Section 112 read with sub section
(2) of section 40-B of the Factories Act, 1948
in supersession of Rule 61-AA of Tamil Nadu Factories
Rules, 1950.
5. The Chief Inspector of Factories,
in his letter second read above, has submitted
necessary proposal for confirming the Preliminary
Notification approved in the Government Order first
read above and published in Notification No. SROA-56/2001
in Part III, Section 1 (a) at pages 140-143 of
the Tamil Nadu Government Gazette No. 36 dated
19.9.2001.
6. The Government have carefully
examined the proposal of Chief Inspector of Factories
and decided to confirm the Preliminary Notification
approved in the Government Order first read above
and published in the Tamil Nadu Government Gazette
dated 19.9.2001.
7. The appended Notifications
will be published in the Tamil Nadu Government
Gazette both in English and Tamil.
8. The Tamil Nadu Development
Culture and Religious Endowment (Translation) Department,
Secretariat, Chennai-600009 is requested to supply
the Tamil Translation of the Notification to the
Works Manager, Government Central Press, Chennai-600079
direct.
9. The Works Manager, Government
Central Press, Chennai-600079 is requested to send
50 copies of the Gazette Notification to Government
for record. (BY ORDER
OF THE GOVERNOR)
R. SELLAMUTHU,
SECRETARY TO GOVERNMENT. To
The Works Manager, Government
Central Press, Chennai.79. (2 copies)
(for publication in the Tamil
Nadu Government Gazete)
The Tamil Development Culture
and Religious Endowment (Translation) Department,
Chennai.9. (2 copies_
The Chief Inspector of Factories,
Chennai.5. Copy to:-
All Departments of Secretariat
(except Legislative Assembly Secretariat).
All Collectors.
All Heads of Departments.
The Commissioner, Corporation
of Chennai ad Madurai and Coimbatore.
The Deputy Financial Adviser
(Factories), Government of India, Ministry
of Finance, 6, Explanade (East), Calcutta.
All Transport Corporations.
The Director General, Factory
Advice Service and Labour Institutes, CLI Building,
W.S. Mankikar Marg, Sion, Mumbai.
The Director, Tamil Nadu Institute
of Labour Studies, Chennai.5.
The Legislative Assembly Secretariat,
Chennai.9.
(45 copies for placing before
the Committee on Delegated Legislation).
The Law Department, Chennai.9.
/Forwarded/ By order.
Section Officer.
APPENDIX
NOTIFICATION-I.
In exercise of the powers
conferred by section 112 of the Factories Act,
1948 (Central Act LXIII of 1948), the Governor
of Tamil Nadu hereby makes the following amendment
to the Tamil Nadu Factories Rules, 1950, the
same having been previously published as required
by section 115 of the said Act:-
AMENDMENT.
In the said Rules, rule 61-AA
shall be omited.
/True copy/
Section Officer.
NOTIFICATION-II.
In exercise of the powers
conferred by sub-section (2) of section 40-
B read with section 112 of the Factories Act,
1948 (Central Act LXIII of 1948), the Governor
of Tamil Nadu hereby makes the following rules,
the draft of the same having been previously
published, as required by section 115 of the
said Act.
RULES.
1. Short title and commencement,-
(1) These rules may be called the The Tamil
Nadu Safety Officers (Duties, Qualifications
and Conditions of Service) Rules, 2005.
(2)They shall extend to the
whole State of Tamil Nadu.
(3)They shall come into force
on such date, as the State Government may,
by notification in the Tamil Nadu Government
Gazette , appoint.
2. Definitions .- In these
rules, unless there is anything repugnant in
the subject or context,-
(i) "appointed day" means
the date of coming into force of these rules;
(ii) "degree" means
a degree awarded by the University, recognised
by the University Grants Commission;
(iii) "diploma" means
a diploma awarded by an institution recognised
for this purpose;
(iv) "Safety Officer" means
a Safety Officer, and includes a Chief Safety
Officer appointed, in accordance with the provisions
of these rules.
3. Qualifications and Experience
.- (1) A person shall not be eligible for appointment
as a Safety Officer unless, he-
(a) possesses a recognised
degree in any branch of Engineering or Technology
and has had a practical experience of working
in a factory in a supervisory capacity for
a period of not less than two years, or is
a member or an associate member of the Institution
of Engineers (India) and has had practical
experience of working in a factory in a supervisory
capacity for a period of not less than five
years, or possesses a recognised degree in
Physics or Chemistry and has had a practical
experience of working in a factory in a supervisory
capacity for a period of not less than five
years, or possesses a recognised diploma in
any branch of Engineering or Technology and
has had a practical experience of working in
a factory in a supervisory capacity for a period
of not less than five years;
(b) Possesses a degree or
diploma in Industrial Safety; recognised by
the State Government in this behalf; and
(c) has adequate knowledge
of Tamil language.
(2) Notwithstanding the provisions
contained in sub-rule (1), any person who possesses
a recognised degree in Engineering or Technology
and has had an experience of not less than
five years in a department of the Central or
State Government which deals with the administration
of the Factories Act, 1948 (Central Act LXIII
of 1948), or the Indian Dock Labourers Act,
1934 (Central Act XIX of 1934), or possesses
a recognised degree in Engineering or Technology
and has had an experience of not less than
five years, full time in training, education,
consultancy or research in the field of accident
prevention in industry or in any institution
shall be eligible for appointment as a Safety
Officer:
Provided that the State Government
may, subject to such conditions as they may
specify, grant exemption from the requirements
of sub-rule (1), excepting clause (c) of sub-rule
(1) , if in their opinion that a suitable person
possessing the necessary qualifications and
experience is not available for such appointment:
Provided further that the
State Government may, subject to such conditions
as they may specify, relax all or any of the
above said qualifications excepting clause
(c) of sub-rule (1), in favour of any person
who has been working as a Safety Officer in
any factory.
(3) No person who is directly
or indirectly interested in any factory or
in any patent or machinery connected with it,
shall be appointed as a Safety Officer or shall
be allowed to hold such office after he becomes
so interested.
Explanation.- For the purposes
of this sub-rule, any person holding two percent
or more of the shares of a company, owning
the factory shall be deemed to be directly
or indirectly interested.
3 . Appointment of Safety
Officers.- Every occupier, when required by
the State Government by notification in the
Official Gazette issue under sub-section (1)
of section 40-B of the Factories Act, 1948
(Central Act LXIII of 1948), shall within a
period of six months from he date of publication
of that notification, appoint the requisite
number of Safety Officers, as specified in
that notification: Provided that the Chief
Inspector of Factories may, on an application
in writing made by an occupier, extend the
period further by a maximum of six months for
making such appointment.
5. Recruitment of Safety Officer.-
(1) The post of Safety Officer to be filled
in any factory shall be advertised by the occupier
of the factory concerned in atleast two newspapers
having wide circulation in the state, out of
which one newspaper shall be in Tamil language
and other in English;
Provided that the vacancies
in the post of Safety Officers in the Government
establishments, Quasi-government establishments
and Public undertakings shall be filled up
through the Government Employment Exchange.
Vacancies in the said establishments shall
be advertised in the Newspapers, only after
obtaining non-availability certificate from
the Employment Exchange:
Provided further that the
post of safety officers in private factories
may be filled up from the Department of Inspectorate
of Factories on deputation basis.
(2) Selection for appointment
to the post of Safety Officer shall be made
among the candidates applying for the post,
by a committee appointed by the occupier of
the factory concerned.
(3) The appointment of the
Safety Officer, when made, shall be notified
by the occupier of the factory to the Chief
Inspector of Factories, giving full details
about the qualifications, age, pay and allowances,
previous experience and other relevant particulars
of the officer appointed and the terms and
conditions of the service applicable to him.
6. Filling up of the vacancy
of Safety Officer post.- Every vacancy in the
post of Safety Officer caused by death, dismissal
or discharge of the person holding such post
or by any other cause, shall be forthwith notified
by the occupier to the Chief Inspector of Factories
and shall be filled up within three months
of the occurrence of such vacancy.
7. Conditions of Service .-
(1) Where the number of Safety Officers to
be appointed in a factory as required by the
notification under
sub- section (1) of section
40- B of the Factories Act , 1948 (Central
Act LXIII of 1948), published in the Official
Gazette exceeds one, anyone among them shall
be designated as the Chief Safety Officer and
shall have the status higher than that of others.
The Chief Safety Officer shall be in overall
charge of the safety functions, as specified
in rule 8 and other Safety Officers shall work
under his control.
(2) The Chief Safety Officer
or the Safety Officer in the case of factories
where only one Safety Officer is required to
be appointed, shall be given the status of
a senior executive equivalent to the Head of
Department and he shall work directly under
the control of the Chief Executive of the factory.
All the other Safety Officers shall be given
appropriate status to enable them to discharge
their functions effectively.
(3) The scale of pay and allowance
to be granted to the Safety Officers including
the Chief Safety Officer and the conditions
of their service shall be the same as those
of the other officers of corresponding status
in the factory.
(4) In the case of dismissal
or discharge, the concerned Safety Officer
shall have the right to appeal to the Chief
Inspector of Factories, whose decision thereon
shall be final and binding upon the occupier
of the factory.
(5) The appeal shall be preferred
within thirty days from the date of the receipt
of the order of dismissal or discharge by the
Safety Officer concerned.
8. Duties of Safety Officers
.- The duties of the Safety Officers shall
be to advise and assist the factory management
in the fulfilment of its obligations, statutory
or otherwise, concerning prevention of personal
injuries and maintaining a safe working environment.
These duties shall include the following, namely:-
(i) to advise the concerned
departments in planning and organising measures
necessary for the effective control of personal
injuries;
(ii) to advise on safety aspects
in all job studies and to carryout detailed
job safety studies of selected jobs;
(iii) to check and evaluate
the effectiveness of the action taken or proposed
to be taken to prevent personal injuries;
(iv) to advise the purchasing
and stores departments in ensuring high quality
and availability of personal protective equipment;
(v) to advise on matters relating
to carrying out of plant safety inspections;
(vi) to carry out plant safety
inspections in order to observe the physical
conditions of work and the work practices and
procedures followed by workers and to render
advise on measures to be adopted for removing
the unsafe physical conditions and preventing
unsafe actions by workers;
(vii) to render assistance
on matters relating to reporting and investigation
of industrial accidents and occupational diseases;
(viii) to investigate all
accidents and near-miss incidents;
(ix) to render assistance
for the cases of industrial diseases contracted
and in respect of dangerous occurrences reportable
under rule 96 of the Tamil Nadu Factories Ruels,
1950;
(x) to render assistance on
the maintenance of such records as are necessary
relating to accidents, dangerous occurrences
and industrial diseases;
(xi) to promote setting up
of safety committees and act as adviser and
catalyst to such committees;
(xii) to organise in association
with the concerned departments/ campaigns,
competitions, contests and other activities
which will develop and maintain the interest
of the workers in establishing and maintaining
safe conditions of work and procedure; and
(xiii) to design and conduct
either independently or in collaboration with
the training department, suitable training
and educational programmes for the prevention
of personal injuries and for the propagation
of safety awareness.
9. Facilities to be provided
to Safety Officers .- An occupier of the factory
shall provide each Safety Officer with adequate
technical and secretarial staff and other facilities,
equipment and information as are necessary
to enable him to discharge his duties effectively
and efficiently.
10. Prohibition of performance
of other duties .- No Safety Officer shall
be required or permitted to do any work which
is inconsistent with or detrimental to the
performance of the duties prescribed in rule
8.
11. Power to exempt .- The
Chief Inspector of Factories, may exempt any
factory from the operation of the provisions
of rules 5 and 6 subject to any conditions
as he may specify.
/True copy/
Section Officer.
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