SAFETY MANAGEMENT AND THE LAW COURSE - IV Diploma in Industrial Safety
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SAFETY MANAGEMENT AND THE LAW COURSE - IV
Diploma in Industrial Safety - extracted text
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ANNAMALAI UNIVERSITY
DIRECTORATE OF DISTANCE EDUCATION
Diploma in Industrial Safety
COURSE - IV
SAFETY MANAGEMENT AND THE LAW
UNITS: I-V
4
Copyright Reserved
(For Private Circulation Only)
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DIPLOMA IN INDUSTRIAL SAFETY
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COURSE-IV : SAFETY MANAGEMENT AND THE LAW
SYLLABUS
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DIPLOMA IN INDUSTRIAL SAFETY
COURSE-IV : SAFETY MANAGEMENT AND THE LAW
Editorial Board:
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Aim
The course is aimed at making the student to understand the principles of
safety management and the legal aspects.
Objectives
Prof. B. Palaniappan
Dean
Faculty of Engineering and Technology
Annamalai University
Annamalainagar.
Dr. T. Viruthagiri
Professor & Head
Department of Chemical Engineering
Annamalai University
Annamalainagar.
Dr. T. Karunanithi
Professor
Department of Chemical Engineering
Annamalai University
Annamalainagar.
Mr. T. G. Rangan
Industrial Safety Consultant
59, 7th cross, Jai Bharath Nagar
Bangalore - 560 033.
Prof. A. Panchatcharam
Professor and Head
Engineering Wing
Directorate of Distance Education
Annamalai University
Annamalainagar.
Mr. R. Saravanan
Reader in Chemical Engineering
Engineering Wing
Directorate of Distance Education
Annamalai University
Annamalainagar.
Mr; R. Jayasankar
Manager - HSE Infrastructure
Honeywell Turbo India Private Ltd.
Pune - 411 057.
On completion of course the students are expected to be familiar with the rules
and regulation regarding safety and various acts enacted for the benefits of
employees.
Unit-I
OHSAS-18001 and OSHA-Introduction-OH & S Policy-Process Safety
Management (PSM) as per OS HA-Performance measurements to determine
effectiveness of PSM. Safety Management Principles-definitions-incident, accident,
injury, dangerous occurrence, unsafe at, unsafe condition, hazard, error, oversight,
etc.
Unit-II
Measurement and control of Performance-near miss accident-loss time
accident. Disabling injury-Accidents reportable under the Factories and ESI Act.
Frequency rate, Severity rate, incidence rate, frequency-severity index, Safe-Tscore, Temporary and permanent disablement, partial and total disablement. Time
charges scheduled in Workmen’s Compensation Act and the Indian Standard.
Unit-III
Factories Act 1948, Employees State Insurance Act 1948, Workman’s
compensation act 1943 and the Factories Rules-History-Provisions under the
Factories Act and Rules made thereunder with amendments. Case Laws under the
Factories Act. ILO Convention and Recommendations in the furtherance of Safety,
health and Welfare.
Unit-IV
Other Important Legislation-Legal Aspects of various factories acts. Mines Act,
Boiler Vessels Act, Pollution control act, Child labour and women employee act, etc.
Unit-V
Economics of Safety-Financial costs to individual and family, organization and
society. Compilation procedure, utility and limitations of cost data. Budgeting for
Safety. Role of trade unions in Safety.
Reference Books
1. Grimaldi & Simonds - Safety Management, AITBS Publishers, New Delhi
(2001).
2. The Factories Act with amendments 1987, G vt of India Publications,
DGFASLI, Bombay.
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UNIT-I
1
UNIT - II
9
UNIT-HI
19
UNIT-IV
47
UNIT-V
78
UNIT-|
1.0 INTRODUCTION
COURSE-IV: SAFETY MANAGEMENT AND THE LAW
CONTENT
XJ x--•“ t-d“^ “-X
Comprehensive and structured way.
sflf Prac“ng ProfessionaI need to know the ^ove mentioned terms to handle
Safety and Health in organization.
OHSAS 18001 deals in detail on Work place evaluation, anticipation and
recogmtton of hazards and then rate the degree of risk associated with those
hazards and ways and means to control and manage hazards. This in a way is
™
°
14001 environtnent management system(EMS).EMS deal with
reference to Envronment aspect and impact, where in OHSAS deal with hazard and
risk associated with any process.
CS^/
(OSHA)Occupational safety and Health Administration in United states of
menca is similar to Factory Inspectorate in India and it is mandatory in United
XtriTs
(Pr°CeSS
^tem) for
chemJ
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OSHA, 29 CFR part 1910.119 rule is
the guide reference for the below
elements
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ha dX? SafeY manageraent is more reIevant f°r continuous process industries
handling chemicals, the fourteen elements of PSM are Process safety information
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sZTa T /rana‘yS1S- Standard operating procedures, Contractor health and
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.
mVeStigati°n’ Prestart UP ^ty review, Management of
change, Mechanical mtegrity, Training, Audit, Employee participation Trade
secrets.
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OSHA performance measurement calculation differ from the frequency rate
and seventy rate Index. AU of these would enable the begmner to know the
underlying concept of Management.
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Mety Management is never a choice
choice it
it is
is always
always on organizational
quuement and safety principles are to be the passion for practicing safety
professionals and it can never be for the safe of Job.
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systems6
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eXperience the content
correlating the definitions, and
tChmg tHe th°Ught pr°CeSS tOwards Practical work carried out at
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1.1 Course Objective
Theory and practice must go hand in hand the student shall apply the
suXf ""'a Pla7jith 016 Ration of the theory at workplace would enable
success for good health safety and environment performance.
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Key Aspect
“Knowledge is power and experience is Jockey”.
This lesson brings in key definitions and Concept of safety management and
the student will appreciate OSHA (occupational safety Health administration)
Process safety management system and OHSAS 18001 (Occupational health and
safety assessment series)
3
IV. Training
Supervisors.
Employees.
V. Accident Records
Accident analysis.
Injury\Incident\Near miss reports.
♦ Measurements of results.
1.2 CONTENT
A. Safety management principles.
B. Definitions.
Incident, Accident, Injury, Dangerous occurrence; Dangerous operation-Unsafe
act- Unsafe condition, hazard, error. Risk, overweight, statistics of safety.
Hazardous processes. Noticeable disease.
VI. Medical and first aid systems
A. Safety Management
VII. Personnel responsibilities of Employees
Placement examination.
I*irst aid services.
Periodic health examinations.
The accomplishment of safety objectives by establishing and attaining safety
objectives through the process of planning, organizing, staffing, executing,
evaluating, controlling and directing would be the underlying principle of any safety
management.
Acceptance of responsibility.
Maintenance of interest- (Self motivation)
AU the above seven elements are the key basic principle for
any safety
management which is modified revised and served from time to time.
PROCESS SAFETY MANAGEMENT SYSTEM
(OSHA)Occupational safety and Health Administration in United states of
In modern era safety is extended further to health and environment
performance. Modem safety deals on product safety and that is much more to
support society on environment performance.
Different Management systems are followed which would enhance safety
performance and the selection of system goes with the type of industry.
For example, PSM (Process Safety Management) has much to do with chemical
Industry and OHASA 18001 could be for any type of industry.
-
industries.
element’
“ - niandatory
I^ocess safety management system) for all chemical
m0 U9
^ide refc-nce for the below
For sound safety management the following are the basic elements.
I. Management leadership
A. Assumption of responsibility
B. Written declaration of policy
II. Assignment of responsibility
Operating department heads.
Safety engineers or Co-ordinators.
Supervisors.
Committees
Employees.
III. Maintenance of safe working conditions
Inspection
PSM System
The goals of the PSM system are to
avoid accidents and incidents
that have a harmful impact on employees,proactively
the
,
community, environment and facility
assets.
The elements of the PSM system will integrate the
safety into the design, construction, maintenance and management of process
operation of all process
plants.
Employee involvement and commitment
In implementation of a Process Safety Management System requires dedicated
commitment from aU employees. It is the responsibility of all employees to
Ms system"^17 " 016 SUCCeSSfU’ impIementati0n »d “n&ued operation of
Engineering revisions.
Purchasing.
Supervisors.
The different PSM System elements are:
I
u
4
5
Compliance audits
1. Process Safety Information
2. Process Hazard analysis
3. Standard Operating procedures
4. Contractor control
5. Management of change
6. Emergency planning and response
7. Prestart up safety review
8. Training
9. Safe work practices
10. Mechanical integrity
11. Incident Investigation
12. Compliance Audit
13. Trade secrets
14. Employee participation
This element defines requirements for organizing and conducting
process
safety audits, including written jreports
—
documenting any deficiencies and
recommendations for any corrections.
Employee participation
This element defines requirements
lequiiemems of
oi employee
employee participation
participation in the
development and. continual improvement of the Process Safety Management
oystem.
B. Definitions & Basic terms
Incident
I
Process safety Information (PSI)
Process Safety Information defines the requirements for the documentation
and availability of written process safety information, regarding hazards of
chemicals used, the technology and equipment covered in the process. This
purpose of this standard is to ensure updated availability of process safety
information.
Accident
It is an undesired event that results in physical harm to person or damage to
|!
Injury
The PHA defines the format, structure and method for developing and revising
specific procedures for operating processes which handle or process hazardous
Injury is an external damage to the human body, disturbance or dysfunction
resulted from an accident, . Injury could be psychological and need not always
necessarily be a physical harm.
materials.
Hazard and operability form part of process hazard analysis
Dangerous occurrence (Section 88 A of factories Act 1948)
Contractor control (CC)
As per factories act failure of Hoist, Lift, Derrick etc. are termed under
dangerous occurrence.
The contractor control element provides requirement for contractors who work
in or around a hazardous process in the facility. It includes specific record keeping
requirements associated with contractors working in hazardous areas.
Dangerous operation
Any manufacturing process or operation carried out in a ffactory exposing any
person employed in it to a serious risk of bodily injuiy, poisoning, or disease.
Emergency planning and response: (ERP)
Management of Change
This Management of change defines requirements for written procedures for
managing all changes to the process. It includes requirements for ensuring that
changes are correctly performed, documented, training is conducted, and process
safety information is updated.
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property. In other words an accident can be defined as unplanned and unexpected
event which causes or likely to cause an injuiy.
The word accident as defined by .IS 3786-1983 as an unintended occurrence
ansmg out of and in the course of employment of a person resulting in injuiy.
Process hazard analysis (PHA)
This ERP provides requirements for establishing facility plans for responding
to any emergencies involving hazardous materials. This includes table top
simulation drills, Onsite emergency planning and also OFF site plan to a certain
extent so that it will be well integrated with the District emergency cell authority
Planning of Off site plan
An incident is an undesired event that could result in loss. It could also be
expressed as an undesired event that could downgrade the efficiency of business
operation \ performance.
e.g . Chemical works comes under dangerous operation.
Unsafe Act
I
An action of a human
1
resulting in poor safety performance or resulting in
injuiy damage to property. This can also bear
management negligence (commission
of an act which the person should not have done
..e or negative act).
Unsafe Condition
The factor which lead to an incident or accident such as unguarded
machinery, physical, chemical, or environment situation that can harm personnel).
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The OHSAS 18001 approach is Initial Status Review, OHS policy, Plannine
Z coTt
1n
OPerati°n- CheCking
aCtion’ M-agementTZ
and continual improvement for sustenance
Hazard
A physical situation with a potential for human injury, damage to property or
the environment or some combination of these criteria.
OH and S Policy
Error
OH Z 7ani2ati0n SeniOT management should define document and endorse its
OH & S policy, management should ensure that the policy includes commitment to
Mistake caused due to negligence in a workplace (Gross Negligence)
1. Recognizing OH&S as an integral part of its business performance
2. Achieving high level of performance with compliance to legal requirement
3. Provide adequate resources to implement policy
4' maZem^t
°f OH
S - prime responsibility of line
Risk
The likelihood of a specific undesired even? occurring with in a specific period
or under specified circumstances. (It can be a probability of hazard likely to
happen.
Oversight
•
5. taTe'oSation6"^"8’ implementation and maintenance at all levels
This could be purely due to a slip in performing a defined activity at workplace
'(Unintentional)
Statistics of Safety
6. Employee involvement and consultation
i
and implementation
management syatem and audit of compliance to
policy
8. Ensure that employees at all levels receive appropriate training
and are
competent to carry out their duties and responsibilities,
§
The measure of performance of safety at factory considering the humans and
duration of work period. Organisation comparison could be made for similar type of
industry using the safety index such as incident rate, frequency rate, severity rate etc.
Clause 4.2 Organising
Hazardous processes
Any process or activity in relation to an industry specified in schedule —I of
factories act 1948 where in unless special care is taken, raw material used there in
or the intermediate or finished product by product waste or effluent would
(i) cause material impairment to the health of the persons engaged in or
connected therewith Or
ii) result in pollution of the general environment.
to gain commitment to the policy
7. Periodic review of policy, the
Policy
I
Audit
Organising
>- Feedback
First schedule list 29 Industries of hazardous processes.
Example : a) Ferrous metallurgical
b) Non ferrous metallurgical
c) Foundries industries
d) Fertilizer industries
e) Cement industries etc (Refer Factories act for complete list.)
Notifiable Diseases
Factories act 1948 list 29 occupational diseases as notifiable disease. Section
hf of workmen compensation act 1923 also gives a list of 34 occupational diseases;
a similar list is also in employee state Insurance act too. Example of few notifiable
disease are silicosis, asbestosis, byssinosis, mercury, arsenic, manganese
poisoning.
. .
Occupational Health and safety management systems - OHSAS-18001
The general principles of good management and are designed to enable to
integration of occupational health and safety management within an overall
management system
This clause details on iassigning
’
the responsibility for occupational health and
safety with top management. People at all levels must be,
i. Responsible for the health and safety of those they manage, themselves
and others with whom they work
2. Aware of their responsibility for the health and safety of people who may be
affected by the activities they control example contractors and public
3. Aware of the influence that their action or inaction can .have on the
effectiveness of the OH & S management system.
This clause also mentions the organization arrangements required and
ensures that its is fufly integrated across the organization into all activities
irrespective of size and nature of work
This clause speaks of the sufficiency of knowledge required to manage its
activities safely, define allocation of responsibilities and accountabilities, necessaiy
authority to carry out their responsibilities, resource alloc ition, identify
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competency gap and training requirements, open communication, provision for
specialist advice, effective arrangement for employee involvement
This clause insists on Documentation and states that as Key for review the
performance of the management system, this clause states the importance of
preserving the Health and safety details and insists in demonstrating compliance to
legal requirements, this clause also emphasizes the fact that documents are
preserved upto date and applicable for to the purpose for which they are intended
to Clause 4.3
♦
UNIT-II
Other Important Legislations - Ugal aspects of various factories
act, mines
ac , Boiler vessels act, Pollution control act, Child labor and women employee
act
2.0 INTRODUCTION
J
Planning and Implementing
It is important that Success or failure of planned activity is clearly seen. This
involves identifying OH & S requirements^ setting clear performance criteria
defining what is to be done, who is responsible, when it is to be done and the
desired outcome.
Although many factors are considered in Quantification of safety performance
stiU more weightage is given to accident statistic values, such as frequency rate and
severity rate, so it is very much essential for the students / practicing safety
XT"core0 UnderStand thC teSiC
°f ^ency rate, severity rate and
Organization should cany out risk assessment including identification of
hazards. The organization should identify the legal requirements, in addition to the
risk assessment applicable to it and also any other requirements to which it
subscribes applicable to OH & S management.
all 1 J? ' timPOrtaIlt tO CalcuIate “
How significant is those values?
all these questions will get answered as we go into the depth of the subject.
B
US C°nSider
eXampIe °f tW° org‘^tion(Engineering company ) A and
B, 1000 employees work m A company for all the three shifts and 500 employees
work in B company only in general shift for the year 2006-2007 the reporitle
cadent are one m each company. Can they be ranked as same in safety
performance If yes justify and if No explain (Task for assignment).
1.3 Revision points
We have understood basic definitions of Incidents, accidents, injury,
dangerous occurrence, dangerous operation, unsafe act, unsafe condition, hazard,
error, risk, oversight, safety statistics, Hazardous processes and notifiable disease.
All the above do not cover the entire safety definitions, the students are
expected to go through safety websites and enrich their knowledge on various other
safety terms.
This chapter covers the basic elements such as management leadership assignment of responsibilities -maintenance of safe working conditions - training
We also have covered the Aspect of PSM and OHSAS 18001
1.4 Assignment
a) Refer Factories act 1948 and list all 29 notifiable disease mentioned in the
Act
b) What are the requirements to be followed when setting up Hazardous
process in the industry?
c) Plan Implementation of OHSAS 18001 in the industry you work or Assume
and Industry and make a step by step plan
d) Explain When PSM system will be useful what type of industries adhere to
it?
1.5 Suggested reading / reference books / Set books
> Indian Factories Act 1948 and rules there under
> Accident Prevention Manual of National Safety Council
□
Safety measure was in the past considered to be subjective, now with modem
safety practice it has been made possible to measure safety in numbers on various
factors other than the cojmventional quantification such as frequency severity index,
frequency rate, severity rate, incidence rate safetyr score etc
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We need to understand the various terms in this chapter
to have fair
understanding on the subject
2.1 Objectives
>
>
>
>
Data collection and analyses
Trend analysis
Motivating to report Near miss incidents / first aid cases / reportable accidents
Knowing the repercussion of disablement and the cost associated with it
> Compliance to retiquirement (Factories act and Employee state insurance act).
Knowing the key
and
e
„ terms
---------J ensuring
system in place for incident investigation
reporting and analyses is the key
._
i.
- essence of this chapter. It is imperative that the
1T *at mTb"1 IS able tO.COnVinCe 016 man^“ent on quantitative numbers on
loss that may be associated in case of failure to implement safety management
system and enforcing it as equal element in line with other management system
Safely professional must not analyze the data of the company in which he or
Ts Xb
T K
taark tke PerfOrmanCe
g°od organization and
th^.would be possible by having good connectivity with various professional bodies
getting to know international data industrial segment wise like Construction
mdustiy, engmeering Industry, chemical Industries, Metallurgical industries
iarming etc.
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Magazines and journal to be referred and those data which are stringent need
to be considered for bench marking. Knowledge sharing is the key for improvement
in safety performance, Unlike technology which need to be maintained as secret
safety learning’s must not be possessed by an organization, willingness to share
and improve is the necessity for present day situation.
Reportable disabling injury (Reportable lost time injury )
An injury causing death or disablement to an extent as prescribed by the
relevant statute (Viz. Factories act and ESI act)
Partial Disablement:
In present day context with the improvement in technology abundant
resources are available in website for quick guide and reference and e mail
communication has made the whole world as global village and distance is no
longer a reason for knowledge sharing. All that is required is the urge to collect,
compile and compare data and work on system to enable good safety performance.
This is of two types, disablement of temporary nature which reduces the
earning capacity of an employed person in any employment in which he was
engaged at the time of accident resulting in disablement and disablement of
permanent nature which reduces the earning capacity in every employment which
he was capable of undertaking at that time.
2.2 CONTENT
Measurement and control of Safety performance
Total disablement
Disablement whether of a temporary or permanent nature, which in
capacitates a workman for all work he was <capable of performing at the time of the
accident resulting in such disablement provided that permanent total disablement
shall be deemed to result from every type of injury specified in part A of appendix A
or from any combination of injuries specified in part B of appendix A where the
aggregate percentage of loss of earning capacity as specified in that part against
those injuries amounts to one hundredth percent (IS 3786 : 1983 )
The main purpose of safety performance measurement is to evaluate the effect
of safety programme. This would reveal how far the safety programme has helped to
reduce the accidents and lossess. The goal of safety programme is to attain zero
accident (i.e) no accident/incident at all that is no loss to human / property
Accidents are the outcome of hazard potential in the work area. If the work
area is less hazardous then accidents would be less in other words work area to
have fail safe machineries and well designed work place that no one can con tribute
to an incident/accident.
Man-hours worked
The total number of employee hours worked by all employees in the industrial
premises. It includes employees of permanent and temporary nature (Contract)
All safety programmes are designed to control and eliminate hazard potentials
so that the safety performance in terms of accidents occurred, however in the
present days monitoring and measurement is done giving weightage for the
strengthening factors such as work place inspections, training, Job safety analysis
and awareness to employees on JSA, etc
Man-hours worked need to include overtime and ideally it must be taken from
the payroll data.
Workmen compensation act 1923 also defines partial disablement, permanent
partial disablement, total disablement (Permanent and temporary.)
Some important terminologies used for safety performance measurement are
given below (These terms are defined by IS 3786 -1983 as under)
Injury rates:
There are three types of injury rates: Frequency rate, severity rate and
Incidence rate, from them disabling index can be derived.
Reportable accidents
As per factories act the following are reportable accidents.
We are not covering the Safe T score since none of the industries follow this
and it is more advanced measurement system are in place.
1. Loss of life
2. Disablement for more than 48 hours
Accident: An unintended occurrence arising out of and in the course of
employment of a person resulting in injuiy.
MEASUREMENTS OF SAFETY PERFORMANCE
Key Terminology and explanation
Following terms are defined by IS : 3786 - 1983 as under :
Death: fatality resulting from an accident
Lost time injury (Disabling Injury)
An injuiy causing disablement extending beyond a day of shift on which the
employee accident occurred.
I
Accident: An unintended occurrence arising out of and in the course of
employment of a person resulting in injury.
Death: Fatality resulting from an accident.
Disabling Injury (Lost Time Injury): An injury causing disablement
extending beyond the day of shift on which the accident occurred.
Non disabling injury
An injury which requires medical treatment only without
'.ng any
disablement extending beyond the day of shift on which the accident occurred.
Non-disabling Injury: An injury which requires medical treatment only,
without causing any disablement wliether the temporary or permanent nature.
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12
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Reportable Disabling Injury (Reportable Lost Time Injury): An injury
causing death or disablement to an extent as prescribed by the relevant statute.
Partial disablement and permanent partial disablement, Total disablement
(temporary or permanent) Wages Workmen.
Days of Disablement (Lost Time): In case of disablement a temporary nature,
the number of days on which the injured person was partially disabled as defined
below. In case of the death or disablement of a permanent nature whether it be
partial or total disablement as defined below, man days lost means the charges in
days of earning capacity lost due to such permanent disability or death as specified
in Appendix B in other cases the day on which the injury occurred or the day the
injured person returned to work are not to be included as man days lost, but all
intervening calendar days (including Sundays, days off, days of plant shut down
etc.) are to b e included. If after resumption of work, the person injured is again
disabled for any period arising out of the injury which caused his earlier
disablement, the period of such subsequent disablement is also to be included in
the man days lost.
Partial Disablement: This s of two types: disablement of temporary nature
which reduces the earning capacity of an employed person in any employment in
which he was engaged at the time of the accident resulting in the disablement and
disablement of a permanent nature which reduces his earning capacity in every
employment which he was capable of undertaking at the time.
Total Disablement: Disablement, whether of a temporary or permanent
nature, which incapacities a workman for all work which he was capable of
performing at the time of the accident resulting in such disablement, provided that
permanent total disablement shall be deemed to result from every type of injury
specified in Part A of Appendix A or from any combination of injuries specified in
Part B of Appendix A where the aggregate percentage of the loss of earning capacity,
as specified in that part against those injuries, amounts to one hundred percent.
Man-Hours Worked: The total number of employee - hours worked by all
employees working in the industrial premises. It includes managerial, supervisory,
professional technical, clerical and other worker including contractors labors.
Man - hours worked shall be calculated from the pay roll or time cock recorded
including overtime. When this is not feasible, the same shall be estimated by
multiplying the total man - days worked for the period covered by the number of
Section 4 and Schedule I and IV are important for calculating the amount of
compensation. A new concept of relevant (age) factor is added with effect from 1-71984.
The Employees State Insurance Act should also be referred where
it is
applicable. It also contains the similar terms and schedules.
i
2. Injury Rates
There are 1three
’
types of injury rates: Frequency Rate, Severity Rate and
Incidence Rate. From them Disabling Index can be derived.
Frequency Rate: A question “How often do injuries
occur?” is replied by the
frequency rate which is defined as the disabling (lost time) juries per 10 man-hours
worked.
Frequency rate - N°' °f rePortable lost time injury x 10
Man - hours worked
If the injury does not cause loss of time in the period in which it occurs but in
a subsequent period, the injury should be included in the frequency rate of the
period in which the loss of time begins.
If an injury causes intermittent loss of time, it should only be included in the
frequency rate once, that is, when the first loss of time occurs.
A Fatal Accident Frequency Rate (FAFR) of fatalities p<
>er 10 hours is used. It is
the number of deaths from industrial injuries expected in
a group of 1000 people
during their working lives (1000 x 40 years x 52 weeks x 48 hours).
FAFR of chemical Industry
France
8.5
West Germany
8.0
United Kingdom
4.0
USA
5
FAFR in UK for chemical Industry
hours worked per day. The total number of man days for a period is the sum of the
number of persons at work on each day of the period. If the daily hours vary from
department to department separate estimates shall be made for each department
and the result added together. When actual man - hours are not used, the basis on
Chemical Industry
4
Coal mining
40
Air crew
250
which the estimates are madp shall be indicate^
Staying Home
Scheduled Charge: Charges in days of earning capacity lost due to permanent
disability or death.
The Workmen’s Cpmpensation Acf 1923 also defines following terms ;
FAFR for Non industrial activities
3
Travel by Bus
3
Travel by car
57
Traveling by air'
240
Motor cycling
650
Rock climbing
4000
i
H
15
14
Motor Vehicle Accident Rate
Severity Rate: A question “How serious are the injuries?” is replied by the
severity rate which is defined as the number of days of lost time per 10 man-hours
worked.
Frequency rate
MVAR =
Man - hours worked
Statistical Period
Here man days lost due to temporary total disability and man days last
according to schedule of charges for death and permanent disabilities are as given
in Appendix A (IS : 3786 - 1983).in case of multiple injuiy, the sum of schedule
charges shall not be taken to exceed 6000 man - days. In Appendix A, equivalent
man days or death and other total disablement are 6000, and they are gradually
decreased with decrease in percentage of loss of earning against named partial
disablement.
Injury rate =
Rates for any period, that is month, quarter or year shall include injuries
w ich occurred during the period, together with any injuries which occurred in the
previous 12 months and which have not already been included in earher
calculations.
In some country, the frequency co efficient (F) is determined by
F
The severity co efficient (S) is determined by
■■
g _ Man days lost in all accidents for a given period
No. of injuries for a given period
J
Disabling Injuiy Index (Frequency - Severity Indicator)
Disabling Index or FSI
This index can be used to compare plant to plant. Square root of disabling
index can be used to indicate degree of improvement.
Average days charged or average severity per injury can be determined as
below:
_
Total days lost or charged
Frequency rate - ------------------------------------ —-----Total no. of disabling injuries
Risk of accident
Measure of probability (frequency) of the occurrence of an accidental event of a
given kind and of its severity (consequences).
Accident Risk Total Loss of all accident occurrences
RAC = (FK SC) A
Where FK = Frequency FK i.e. number of accidents A of a given kind in period
of time = A
T
SC = Severity SC Le. magnitude of consequence from accident A of a given
kind = C
A
Cost Severity Rate = Total Costs of accidents x 10
Total production man hours
A Safety activity rate is determined by the following formula :
Frequency rate x Severity rate
100
No. of injuries for a given period x 100
Total man — hours of exposure
No. of reportable lost - time injuries x 1000
Average no. of persons employed
Direct money loss paid out in claims
Premium paid to Insurance Company
Loss ratio
Man days lost due to reportable lost time injuiy xlO
Incident Rate: General incidence rate is the ratio of the number of injuries to
the number of persons during the period under review. It is expressed as the
number of injuries per 1000 persons employed.
Noaccidents x 10
Miles of operating exposure
i
I
A
' ______ Safety activity x 5 x 10
Man - hours worked x Average No. of employees
Here, “Safety activity “ is the sum (during the unit period| of safety
recommendation made, unsafe practices reported, unsafe conditions reported and
the number of safety meetings held. Thus a safety activity rate curve can be plotted
for any period - a week, month, year etc., and the performance can be compared.
The rate of Labor Turnover:
It is expressed as T = S / F
Where T = Rate of labor Turnover
S = No. of Separations
F = Average labor Force for a given period of time.
By multiplying the fraction by 100, the percentage turnover is obtained.
If R - No. of Replacements and U = Unavoidable Separations, the rate is also given
as T = R and T = R
Significance of the Injury Rates
1. The injury rates are useful to (a) measure the injuiy experience of a given
department, branch or firm, (b) determines from month, to month year to year
whether that experience is getting better
or worse © compare the experience of
/
11
16
operating unit with one or more other units and (d) serve as
accident - prevention contest between two or more operating units.
17
a basis for an
2. A serious accident has a considerable effect on the accident severity rate but
it does not greatly affect the accident frequency rate.
II
3. The frequency and severity rates give valuable information on the safety
situation of an industry absolutely, and in comparison with other departments
within the industry. They are useful in planning the immediate measures to control
accidents in the industry.
2.3 Revision points and gummary
This Unit gives detailed description of different tools for the Measurement of
the safety performance. This measurement will provide light on the effectiveness of
the safety programme in the firm.
4. Injury rates can be commutated for a week, a month, a year, or for any
period of time by using the same formulas. Thus they form a base of annual
accident statistic of different class of factories. The rate are useful in comparing
safety records of two or more plants, even though they are dissimilar in size.
This Unit explains some of the important terminologies like Reportable
accidents. Accident, Death, Lost time injury, Non disabling injury. Reportable
disabling injury, Partial Disablement, Total disablement, Man-hours worked Iniurv
rates.
’ J J
5. Frequency rate can be used to compare present safety performance with
past, best or good performance of our own or of others. A high frequency rate is a
proof that action to reduce it is needed, but, it is unable to give any hint as to what
action. The lower the frequency rates, the wider the fluctuations due to chance are
likely to be.
6. Reduction in severity rate indicates a reduction in deaths and other serious
injuries. Increase in severity rate, even though the frequency rate is decreased,
indicates, a definite need for effective measures to eliminate hazards.
Accident is an unintended occurrence which may result in loss of Man
Material or Machineries. Lost Time Injury is an injury causing disablement beyond
a day of shift on which the injury happened. Reportable Accident is an accident
which makes the employee to be away from for more than 48 hrs or loss of life.
=•
7. Severity is much more a matter of good or bad luck than is frequency.
Therefore it is said that take care of the frequency rate and the severity rate will
take care itself.
9. Whether or not small, minor or first aid cases are included in injuries, to
keep the safety record good, it is always important to give first aid or necessary
treatment to all such cases and to remove the hazards.
Prompt first - aid and redressing facilities to injured worker decreases the
mandays lost by him and, in turn, decreases both, the frequency and severity rates.
Drawbacks of FR and SR measurement
Any one rate is incapable to give complete picture of safety performance. The
frequency rate indicates a number of accidents per man hours worked only. Type,
Risk of accident is the measure of the probability of the occurrence of an
accidental event of a given kind and of its severity. Injury rate ;are of three types;
Frequency rate. Severity rate & Incidence rate. Frequency rate is defined as
disabling injury per 10 man hours worked
Severity rate is defined as number of days of lost time per 10 man hours
worked. Incidence rate is the ratio of inumber of injuries to the number of person
during the review. Frequency Severity Indicator
----- is measure used to compare the
disabling injury of one plant to other.
8. Frequency rate is the good basis for comparing two or more units, in a
safety contest. As the severity rate may be increased by un fortunate dr unlucky
death or serious injuries increasing number of days lost, it is not a good basis of
comparison except when the severity only is to be compared in all units.
10. Safety engineers / officers can use the injury rates (a) to compare their
units with the average for the industiy, (b) their periodical safety improvement or
deterioration, (c) to find less hazardous operations (d) to check how well their
departments are doing (an increase in rates indicates lack of supervisory control)
and (e) to determine which department had the best performance eib.
cause, severity agency or factors of accidents cannot be know from it. The severitv
rate indicates the ratio of total man days lost to total man hours worked only. Type
cause, frequency, agency or factors of accidents cannot be known from it Thus the
injury rates are the partial indicators of human injury cases only and many
accidents and property damage or time losses not causing anv man days lost are
not indicated by them.
5
The significance of Injury rate is that it
1. Serves as a measure of the injury experience of a given department
2. Compare with other department on safety performance
3. It can used to compare the present safety performance with past
The definitions and explanation on terms above gives the student technicality
in discussing with other safety professional. It also helps in setting goals and
objective track on key parameters such as reportable accident and enables in better
discussion on the subject
The Frequency rate and severity rate calculations help in standardizing the
safety performance values and discrepancy in evaluation is nullified.
We have provided fatal accident frequency rate for high performance countries,
what is sad to note is unfortunately we do not have all data captured in India
No Data No Market state is the level of thinking in developed countries and in
our country we are weak in enforcement and we are behaviorally trailing behind
which is a sad state of affair.
7
-
/
■
/
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18
2.4 Assignments
a)
I
Compare safety performance of two organizations.
I
Fatal accident
FactoryABC
FactoryXYZ
1
2
Near Miss
15
First aid
10
Reportable accident
7
5
Man days Lost due to
reportable accident
77
85
19
UNIT-III
3.0 INTRODUCTION
and provided in s.mphfieXeXn ^h^chajXr
25
bee" ‘aken
the students need to understand that
7
I
J
Un<^erstands the signif^an^^ofeach andeeveiy teCrrns^rnanCti, T8
“
“
b)
Calculate Incidence rate for a factory A and B employing 500 employees and the
statistics can be taken from above
be impossible to enforce legal requirement in any organZdom
c)
Let us consider and example of two organization (Engineering company) A and
B, 1000 employees work in A company for all the three shifts and 500
employees work in B company only in general shift for the year 2006-2007 the
reportable accident are one in each company. Can they be ranked as same in
safety performance If yes justify and if No explain
aspects to be left uncovered
StUdent “
—to understand law keep
reference the community and common man
expectations which would make it
really simple and interesting.
d) In Indian Industry what type of safety performance measurement technique is
used widely & what is the Safety programmes used to strengthen the safety?
e)
In what way the Hazop, Hazan, JSA, FMEA increase the safety performance of
an Industry
f)
What is the role of Management in safety in an Industry?
g)
If you are the running an Engineering company, what is your role as 'a
Management as per Workers Compensation Act towards Workers welfare?
2.5 Terminal exercises
1. What is Frequency rate?
2. .What is Severity rate?
3. Explain Reportable accident?
4. Explain Lost Time accident?
5. Explain the term Partial disablement?
6. What are the drawbacks of FR & SR?
7. Explain the term FAFR?
8. An Engineering Industry which was working in general shift with 200
employees in 2006 there was 3 reportable accident out of which one resulted in
closing the Industry for 10 days. Calculate the Frequency & severity rate for the
Industry for 2006.
9. What is Frequency Severity Index?
10. What is the significance of the Injury rates?
All laws are explained in detail covering many
referenceae111^6
All Indian acts and laws
are well framed, the loophole lies in enforcement we
are not to blame anyone in this__
context it is expected that the student shall apply
the understanding in prudent way 1
/ to protect the health and welfare of employees
and thereby the community.
In European countries the laws are <
enforced at micro level and new regulation
is looked at to protect the community welfare froj
um the point of Health, safety and
Environment.
M^'ZcVXsrResXT TT and HeaIth Adr“a tion,
veh.de directive are all laws followed in wes“’£
°f
compliance to the law is ensured by several amhX
Eur°Pean countries and
material data system developed by EDS X) £ ‘
T8^
data processing etc
’
) Y em application and products in
or health is never to be appreciated
> -
industries We need to look at mioto level on
Remediation of environment
“’ri"." '■ As we grow In
3.1 Objective
□
importance associated
m haVmg SyStems “ organization for compliance to legal
requirement.
Multi national organizations having sites r----- •
across
Of the nation and they also insist in complying
withthe globe go by stringent laws
—i countiy specific regulations
more than the corporate requirement. /
H
20
21
We in this chapter have tried the maximum to bring in the laws and while we
apply this in practical context the student would gain better understanding.
We in this chapter convey to the students that this chapter is an enabler to
state the different laws prevailing in the nation and various enforcement authorities
available to put this in place, the student after assuming the HSE or EHS or SHE
role need to place a process in place in tracking compliance in updating the
upcoming legislation by subscribing to Various news letters which surfaces out the
recent changes in national and International law. Example ENHESA newsletter can
be searched in Google site.
❖
•>
!
❖
3.2 CONTENT
Law regulating health, safely and welfare of labour in
factories.
ENFORCEMENT AGENCY
Chief Inspector of Factories
RELEVANCE FOR
COMPANY
Adult, Competent Person, /Hazardous Process, Young
person, Transmission Machinery, Manufacturing
Process, Worker, Factory, Occupier
DESIGN OF THE ACT
Chapter 1 to Chapter 11
Chapter 3 -Health
Chapter 4-Safety
Chapter 4A-Provision relating to hazardous processes
Chapter 5-Welfare
GENERAL PENALTY FOR
CONTRAVENTION OF ANY
PROVISION OF THE
ACT/ORDERS/DIRECTION
Section 6 (Rule
4/5/6/7/10)
Occupier and Factory Manager (imprisonment for a
team which may extend to 2 years or with fine (which
may extend to Rs. 1 .OOlakh)
Penalty for contraventions of section 41 (B), 41(C),
41 (H) imprisonment extends to 7years and fine which
may extend to Rs.2.01akh.
Approval /Licensing and Registration of Factories:
❖ No site shall be used or building constructed, re
constructed or extended or taken into use as a
factory nor shall any manufacturing process be
carried out in any building, constructed, re
constructed or extended without the previous
permission in writing. (FORM 2 -Application for
registration and grant of License, Renewal of
License and Notice of Occupation)
❖ Previous permission in case of installation of
additional machinery/prime movers exceeding the
horsepower installed in the factory.
❖ No manufacturing process shall be started/carried
on unless a license has been granted.
❖ Application for Amendment of Licenses, in case of
increase or decrease of the numbers oi persons or
Horsepower or change of name of factory.
Obtain renewal before the expiry of the Factorv
License.
License or a copy shall be exhibited at a
conspicuous place at the main entrance.
Section 3
Certificate of stability to be issued by person possessing
a degree Civil or Structural Engineering prior to carrying
out any iactoiy constructed or extended (Form 1A)
Section 7(Rule 12)
Occupier to notify at least 15 days before he begins to
occupy or use any premises as a factory in a specified
Form 2.Notice of change of manager in Form 3 A
The Factories Act, 1948/ State Factory Rules
OBJECT OF THE ACT
License to be valid upto 31st December of the every
year.
Section 7 A
General Duties of the Occupier
❖ To ensure reasonably practicable health, safety and
welfare of all workers while they are at work in the
factory.
❖ Expect such cases as may be prescribed, every
occupier shall prepare return statement of his
general policy w.r.t. Health and Safety of Workers
and communicate the same to workers.
CHAPTER 3 - HEALTH
Section 11 (Rule
16/17)
General cleanliness (including whitewash/paint) of
workrooms/sanitary
facilities/ staircase/passages/floors/drainage
systems/walls/window frames and maintenance of the
record of the same in the prescribed register (Exemptions are
prescribed).
Section 12 (Rule 18)
Disposal of Waste and Effluent
Effective arrangements for treatment of wastes and
Effluent, so as to render then innocuous.
-
Ventilation and Temperature
Section 13(Rule
19/20/21)
Section 14
Section 16
❖
Adequate ventilation by circulation of fresh air and
temperature with reasonable conditions of comfort
and prevention of injury.
❖ Measures required for cooling, if required.
Dust and Fume
❖
Effective measures to prevent inhalation and
accumulation in any work room/provision of
exhaust appliances.
Over Crowding
❖
Lighting
Section 17(Rule
34/35)
14.2 cubic meter of space every worker (no account
shall be taken of any space which is more than 4.2
meter)
'
(General illumination over interior parts shall not be less
than 3 foot candles measured in horizontal plane measures
at level from the ground floor)
“
H
23
22
Section 18 (Rule 38 to
43)
Drinking Water
(Marking of drinking water in an appropriate language/no
such place to exist within 6m from washing/sanitary
facilitie s).
Section 23
Employment of young persons on dangerous machines is not
permitted if not provided sufficient training/adequate
supervision on
❖ Power presses other than hydraulic presses
❖ Milling Machines used in metal trades
❖ Guillotine machines
❖ Circular saw s
Platen printing machines
❖ Decorticators
❖ Oil expellers
❖ Band saws used in wood working
<• Planning machines used in w'ood working
❖ Effective provision for striking air and devices for
cutting of Power._________________________________
Section 24
Striking gear and devices for cutting off power
❖ Suitable striking gear or devices for cutting off
power in emergencies from running machineries.
❖ Locking devices to prevent accidental starting of
transmission machinery, which can in advertently
shift from “Off to On” position.
Section 25
Self-acting Machines
❖ Clear distance of 45cms from traversing part of a
Self-acting Machine for material and person
movement^
.
____________________
Section 26
Casing of New Machinery
❖ Effective guarding of revolving shaft spindle, wheel
or pinion.
Section 'll
Prohibition of Employment of Woman and Children near
cotton openers
❖ No woman or child shall be employed for pressing
cotton in which a cotton opener is at work
Section 2 8 (Rule
61/62)
Hoist & Lifts
❖ Properly maintained and to be thoroughly examined
by a competent person at least once in every six
months and maintenance of register in the
prescribed format (FORM 31) /Display of maximum
safe working load/inter locking facilities for gates.
Section 29 (Rule 63/65
B)
Lifting Machines /Chains/Cranes/Lifting Tackles
❖ Properly maintained and to be thoroughly examined
by a competent person at least once in every twelve
months and maintenance of register in the
prescribed format/display of identification mark or
table showing the safe working load of lifting
machines, chains, ropes, tackles (FORM 32)
❖
§
■
❖
Section 30
e
Zip cranes to have automatic safe working load
indicator and other safety precautions.
All registers to be kept readily available for
inspection.
No person shall be allowed to operate a crane, fork
lift truck or give signals unless and eye sight have
been examined and declared fit. Examination once
in 12 months upto the age of 45 years and once in
every 6 months thereafter-record n FORM39.
Revolving Machinery
❖ Mandatory display of maximum safe working
peripheral for grinding machines/effective measure
to ensure that safe working peripheral speed is not
exceeded for vessels, cage, fly wheel pulley, disc,
etc.
Rule 84/85
No process or work shall be carried out in a manner as to
cause risk of bodily injury.
❖ No material or equipment shall be stacked or stored
in a such a manner as to cause body injury
Section 31 (Rule
65/65A)
Pressure plant/Gas holders
❖ Display of safe design pressure /maximum
permissible working pressure. Safety measures
such as safety valves/pressure gauges/stop
valves/suitable drain valve/competent person who
thoroughly examined externally once in every 6
months and internally once in every 12
months/hydraulically testing not more than 4 years
(certain exemptions are prescribed including water
sealed gas holders)/distinctive number.
Section 32/33
Floors. Stairs and means of access /Pits, sumps, opening in
floors (securely covered or fenced)
Rule 65 D
Protective Equipment
All PPE prohibited to workers confirming to ISI or any
equivalent standard.
Excessive weights
Persons
Section 34 (Rule 66)
Maximum weight
of material, Article,
tool, appliances
Adult male
50 kgs
Adult female
30 kgs
Adolescent
male
30 kgs
Adolescent
female
2q kgs
Male child
16 kgs
Female child
14 kgs
u
24
25
-Section 35
Section 36
Eye protection
Effective screens or suitable goggles for all activities as
per Schedule (19 activities) and Schedule Ufwelding or
cutting of metals.
Precautions against dangerous fumes/gases
> No person shall be
he required or
t0 enter
chamber, pit, tank, pipe, or other confined space. '
> Unless it is provided with a manhole of adequate
size or other effective means of egress
> Until all practical measures have been taken to
remove any gas, fume, vapor, dust within the
permissible limits.
> A certificate in writing has been given by a
competent person based on test carried out by
himself that the space is reasonably free from such
dangerous gases/vapors.
> Such person is wearing suitable breathing
apparatus and a belt security attached to a rope
the free and of which is held by a person outside
the confined space.
Section 36 A
Precautions regarding use <of" portable electrical light
> No electrical appliances
- 3 of more than 24volts
________ confined space.
Section 37
Explosive or Inflammable dust, gas etc.
1. All practical measures to prevent such explosion by
> Effective enclosure
> Removal or prevention of accumulation
> Exclusion or effective enclosure of all
source of
ignition
2. Where machinery contains any explosive or
inflammable gas, such part shall not be opened unless
> Flow of supply point is effectively stopped by Stop
Valve or other means.
1
> Practical measure to reduce the measures of gas or
vapor to atrophic pressure.
>__ Effective measure for securing the fastening of flow
_______ of supply
Section 38(Rule
71/77)
Precautions in case of fire
> Safe means of escape for all people in the event of
fire.
I
79/79 A)
I
of inspector.
Fragile Roof
> No person to be allowed to stand, walk
>
____ >
Section 40 A '
Rule 86
Rule 87
Section 40 B (Rule
88A)
Rule 88B
their operation.
Workers are familiar with the means of escape.
Section 39
Power to require specification of defective parts
or tests of
stability to cany our tests and inform the i“inspector.
Section 40(Rule
Safety of Buildings and Machinery
work on a roof/ceiling covered withor do any
sheets,
corrugated or otherwise, made of cement
asbestos,
etc., unless safety measures are
prescribed
followed (work permit for working on
fragile roof is
mandatory)
Belts to be regularly examined
Safe access shall be provided.
Maintenance of Buildin]LgS
> Order of the inspector for F
Building/Factory
maintenance in case of dangerous conditions?
Electricity
> No electrical installation shall be
be dangerous to human health provided so as to
or safety in the
opinion of the inspector.
> s^ifohhn
eTrh IeakaSe “"“J overload relays in
switchboards of factories.
Motor vehicle speed and light
> Speed not to exceed 16km/hr within the factory
—_____ (exemption in writing for wide roads)
Safety Officers
> If numbers of workers equal to or more than
Gia 1000.
> As notified by the State Government in
case of
dangerous processes.
> Qualification and duties and facilities
to be
- -------- provided to Safety Officers as per rule 88A
Ovens and Driers (expect used in laboratory
ies or kitchens)
Safety measures to be followed
> Not to be taken in use for the first time until
m“ed Y
and cert*-tes
------------------ L Effective safety ventilation system.
CHAPTER 4A - provisions RELATED to HAZARDOUS PROCESS-----------------------
Section 41 A (Rule
88D)
> Necessary fire fighting equipment and facilities and
>
> Measures to be undertaken
^Petthei^I^J-
Approval/permission by State Site Appraisal Committee^
X- -^tcry involving hazardous
a,atC processes
GOVt' f°r initial
location
°f
(FORM
41)
Compulsory Disclosure
> Compulsory disclosure
Section 41 B (Rule 88
E to 88K)
~
of information
by
the
occupier regarding dangers including health
hazards and the measures to overcome such
exposures to the workers employed in the factory
chief inspector, the local authority and the general
u
26
Prescribe the nature/type of information for
communication
> Occupier to lay down detailed health and safety
policy signed by occupier in line with Rule 88 E
and
submit
to
inspector
and
internal
communication (except number of workers less
than 50).
> Collection a development and dissemination of
information
for
Factory
having
Hazardous
Processes (w.r.t. MSDS) and safety measures.
> Disclosure of information to workers and inspector
as per Rule 88 G & 88 H
> Occupier to draw and obtain approval on on-site
emergency plan and detailed disaster control
measures and make known to workers and the
general public in vicinity he safety measures in
emergency.
> Occupier to submit a copy of approval plan to the
district emergency authority._____________________
27
>
Section 41 C (Rule
88L-Medical
examination/88 PHealth records to
workers)
Specific Responsibility of the Occupier
1. Appoint persons with qualification and experience in
handling of hazardous substances.
2. Provide for medical examination of every worker
employed in Hazardous process:
a) Before assigning a job involving.
b) Once in a period of six months and maintain
health in FORM 16
c) Occupier of every factory carrying out hazardous
process shall make accessible the health records
of workers (Procedure Prescribed)
d) Maintain a sickness, absenteeism Register in
FORM 40 in duplicate and furnished to the
Inspector for each calendar month before 15th.
Rule 88 M
Occupational Health Centre in respect of Factories
hazardous Processes as per prescribed specifications,
Medical Staff and Facilities based on number of workmen
(up-to 50, 51 to 200, more than 200)._____________________
Rule 88 N
Ambulance Van in Respect of Factories having
Hazardous Processes with prescribed facilities (exemption
for a factory employing less than 200 workers‘and if
arrangements with near by hospital).
__
Section 41 D
Power of Central Government to appoint Enquiry
Committee
> Central Government to appoint an inquiry
committee to inquire into the Standards of Health
and Safety in an extra-ordinary situation. The
recommendation shall be advisory in nature.
!
Section 41 E
Emergency Standards
> DGFASLI to prescribe standard respect of
a
hazardous process or clause of hazardous process
where no standards have bee prescribed.
Workers participation in safety management
>
Section 41 G (Rule
88 C-Safety
Committee)
Occupier to appoint Safety Committee (in
m case of
hazardous processes) or hazardous substances
used.
> Safety committee consisting of equal numbers of
representatives of workers and management.
> Tenure to be 2 years.
___ >_ Meeting frequency at east once in 3 months.
Right of workers to warn about imminent danger
> Workers right to inform about imminent danger.
> Duty of the occupier, manager, personnel in charge
Section 41 H
>
________________
to take an immediate remedial action, if he is
satisfied with such dangers.
In case occupier, manager or the person in charge
is not satisfied shall refer such matters to the
Inspector.
CHAPTER 5 - WELFARE
SECTION 42
Washing Facilities/Facilities for sitting/Rest
Rooms/Lunch Rooms/Shelters.
First-Aid Appliances
>
Section 45 (Rule
91/92)
Section 46 (Rule 93
to 99 A)
Section 47 (Rule 100)
Requirement and type of First Aid Boxes(Red Cross
on white back ground) to be maintained with
prescribed facilities (at least One First Aid box for
every 150 Workers)
Each First Aid Box shall be kept in the charge of a
separate responsible person, who hold a certificate
in First Aid Treatment recognized by State
Government or who shall always been readily
available in working hours.
> Ambulance room and facilities/staff as prescribed
in case of more than 200 workers. Ambulance
room shall be under the charge of one whole time
Medical Officer with specified facilities.
Canteens (In case, number of workers are more than 250)
> Canteen Managing Committee
Annual Medical Examination for each member of
the
canteen
staff
fon
routine
blood
examination/bacteriological testing/X-ray.
> Canteen facilities as per prescribed rules.
Shelters, fest rooms and lunch rooms
> Adequate and suitable shelters/lunch room,
wherein more than 150 workers are employed.
■ -1
29
28
Section 48 (Rule 101)
Section 49
Creches
> In every factory, wherein more than 30 women
workers for the use of children under the age of 6
away from fumes, odors, and dust.
_________
Welfare Officer in case, number of workers is more than
500.
> Weekly
hours/holidays/compensatory
holidays/
daily hburs/interval for rest/spread over/ night
shifts/
overtime/restriction
on
double
employment/register of adult workers in a specified
format/prohibition on employment of young children
(ho child who has completed less than 14 years shall
be allowed to work in any factory)/Certificate of
Fitness for employment/ Register of Child Workers.
> Dangerous Operation
> Listings of 20 activities /dangerous operations are
provided Safety Measures/Cautionary Notices/
Protective
Equipment /Medical
Examination
requirements by certifying surgeons are prescribed.
CHAPTER 6- WORKING HOURS OF ADULTS_______________________________
Section 51 to 66
•> Working Hours of Adults related Provisions.
CHAPTER 9- SPECIAL PROVIONS______________________________________
Section 87 (Rule 129)
Section 88 (Rule 130)
1
Notice of certain Dangerous Occurrences (FORM 17 A)
I
Section 88 A(Rule
130)
1. To notify dangerous occurrences as prescribed
whether causing any injury or not within 24 hours,
immediately following the dangerous occurrences (to
inspector) by the Manager of the Factory.
2. Six kinds of occurrences are included as dangerous
occurrences.
> Bursting of plant used for steam.
> Collapse of failure of a crane.
> Explosion, fire bursting out, leakage or escape of
molten metal or hot iron or gas causing bodily
injury to any person or damage to any room or
place.
> Explosion of Air receiver.
> Collapse or subsidence of any floor, roof, bridge,
chimney or other structure.
Notice of certain Dangerous disease (FORM 18).
J
Section 89 (Rule
131/131 A)
> To notify dangerous as per third schedule in the
prescribed format and prescribed time (to Chief
Inspector
and
Certifying
Surgeon
and
Administrative Medical Officer, ESI Office) by the
Manager of the factory.
Dangerous Operations
> State Government to specify the manufacturing
process or operation as dangerous operation
> Prohibiting or restricting the employment of
women, adolescent or children.
> Periodical
Medical examination
of persons
employed are seeking to be employed and
prohibiting the employment of persons nor certified
as fit.
> Prohibiting, restricting or controlling the use of
specified materials.
> Provision of additional welfare and sanitary
amenities and personal protective equipment/
clothings.
CHAPTER10 - PENALTIES AND PROCEDURE
Notice of Certain Accidents (FORM 17) WITHIN 12 HRS BY
THE MANAGER OF THE FACTORY.
> Death or likely to cause his death (to District
Magistrate/Office
in-charge
of
the
Police
Station/ relative of the injured or deceased person)
> Notice of Certain Accidents (FORM 17) WITHIN 24
HRS immediately following the accidents.
> Prevented from working for a period of 48 hours or
more (to Inspector) by the Manager of the Factory.
> Authority to make an inquiiy within 1 month.
Section 92
General penalty for offences.
CHAPTER 11 - SUPPLEMENTAL
Section 107
Appeal
> Occupier /Factory Manager may appeal in 30 days
of the service of the notice/Order to Chief Inspector
_______ or State Government as per the procedure.
Section 108(Rule 133)
Display of Notices
> To display the abstract of the act in the prescribed
manner near main entrance in legible conditions
_______ (FORM 19).
__________________________
Section 110 (Rule 134)
Submission of half-yearly and annual Returns/Combined
annual return (FORM 20).
Section 138
Register of Accidents and Dangerous Occurrences (FORM 23).
Rule 139
Maintenance of Inspection Book.
Rule 141
Maximum number of Workers to be posted prominently by
means of a notice.
Rule 142
Intimation of intended closure of Factory.
Section 111
Obligations of Workers
> Not to willfully interfere
or misuse any
appliances/other things.
> Not to willfully and without reasonable cause do
any thing likely to endanger him or others.
:
-
F'--
31
30
Submit Annual Return in the prescribed form to the Commissioner on
compensation paid for the work related injuries/fatalities/disease in the year
indicating details of persons receiving the same.
> Not to willfully neglect make use of any appliances.
> In case of contravention shall be punishable (up-to
>
Forms
3 months or
Rs. 100 or with both.
FORM 1 to 41.
1
I
The Supreme Court has in J.K.Industries Ltd. And others* v. Chief Inspector of
Factories and Boilers and others (1996(2) CLR.832} has held that provision (ii) to
section 2 (n) is constitutionally valid and is not ultra virus Articles 14, 19 (1) (g) and
21 of the Constitution of India.
Legal Provision/Requirements.
Applicability of the above Act:
Section 4 of the Act
> To every establishment in which twenty or more
workmen are employed or were employed on any
day of the preceding twelve months as contract
labor:
> To every contractor who employs or who employed
on any day of the preceding twelve months twenty
or more workmen.
Section 7 of the
Act/Rule 17 of the
Rules
Every principle employer to undertake registration of
establishment from labor commissioner for employing
contractor labor.
Section 12/13 of the
Act/Rule 21 of the
Rules
To ensure valid license with its contractors, having more
than 20 workmen.
Section 16/17/18/19
of the Act
Ensure availability of canteen, rest room, sanitary facility,
first aid to contactors employees.
Rule 74 of the Rules
Establish, maintain and update Register of Contractors in
the prescribed Format (Format 12)
Rule 75/76 of the
Rules
Ensure availability of updated Register of Persons employed
in the prescribed from with each contractors and contractor
will issue Employment Card/services card to its employees.
(Form 13/Form 14).
Rule 82 part 1 of the Rules
Ensure submission of half yearly return by contractors in the
prescribed form (XXXIV) to the licensing officer.
> Rule 82 part 2 of the Rules
Ensure submission of annual return b principle employer of
the registered establishment in the prescribed form (#XXV) to
the licensing officer.
>
THE WORKMEN COMPENSATION ACT, 1923 /2000
Pay compensation to workmen including contractors’ workmen or
commissioner for personal injury and or contracting any diseases peculiar to that
employment arising out of and in the course of his employment within the scope
based on the prescribed calculations & specification.
Report to Commissioner on any serious bodily injury or fatalities occurring
within seven days of incident indicating circumstances in the form EE.
lump sum payment, to Commissioner for registration & information.
CASE STUDY - 1
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970 & ITS CENTRAL
RULE 19
Section /Rules
Submit details of memorandum signed, in the prescribed form: K/L/M on the
basis of the settlement made to a woman or a person under a legal disability for
By the Amending Act of 1987 it appears that the legislature wanted to bring in
a sense of responsibility in the minds of those who have the ultimate control over
the affairs of the factory so that they take proper care for maintenance of the
factories and safety measure therein. The fear of penalty and punishment is bound
I
to make the Board of Directors of the company, more vigilant and responsive to the
need to carry out various obligations and duties under the Act, particularly in
regard to the safety and welfare of the workers. Provision (ii) was introduced by the
Amending Act, couched in a mandatory form =- “any one of the directors shall be
deemed to be the occupier
keeping in view the experience gained over the years
as to how the directors of a company managed to escape their liability, for various
breaches and defaults committed in the factory by putting up another employee as
a shield and nominating him as the ‘occupier’ who would willingly suffer penalty
and punishment. The state of unemployment in the country being what it is, it is
not difficult to “hire” the service > of some only for this “job” Provision (ii) now makes
it possible to reach out to a director of the company itself, who shall be prosecuted
and punished for breach of the provision of the Act, to a great extent ensures that
more care is taken for the maintenance of the factory and various safety measures
prescribed under the Act for the health, welfare and safety of the workers are not
neglected. IN the case of a company, the main part of Section 2(n) would not be
workable unless that provision is read along with Provision (ii) The definition of an
occupier under Section 2 (n) is of general application and different situations have
been covered by the legislature only in different Provisions appended to Section 2
(n). These situations were, to a large extent earlier covered y Section 100 of the Act
wand with the deletion of Section 100, it became imperative to take care of different
situations of dealt therein. By enabling various provisions to Section 2 (ii) of course
the expression shall be deemed to be an occupier in second Provision Section 2(n)
indicates the creation of a legal fiction but it is wrong to presume that such legal
fiction can come into play only where the substantive provision of Section 2(n) is
not attracted. The substantive provision of Section 2(n) can become workable only
in the case of a company, when the same is read along with Provision (ii). The
deeming provision does not override the substantive provisions of Section 2 (n) hut
clarifies it. Provision (ii) is not ultra Virus the main provisions of Section 2 (n) and
:
/
H
32
33
■
as a matter of fact there is no conflict at all between the main provision of Section 2
(n) and Provision (ii) thereto. Both can be read harmoniously and when so read in
the case of a company the occupier of a factory owned by a company would mean ‘
any one of the directors of the company who has been notified / identified by the
company to have ultimate control over the affairs of the factory’ and where no such
director has been identified, then for the purposes of prosecution and punishment
under the Act the Inspector of Factories may initiate proceedings against any one of
the directors as the deemed occupier. The apprehension that on account of
Provision (ii), the Inspector of Factories has acquired ‘unguided, unfettered or
absolute powers to pick and choose any director of the company for prosecution
and punishment is not well founded.
The Supreme Court has held that after the 1987 amendment, in the case of a
company, which owns the factory, the company cannot nominate any one of its
employees or officers, except a director of the company, as the occupier of the
factory- IN other words, an occupier of the factory in the case of company must
necessarily be any one of its directors who shall be so notified for the purposes of
the Factories Act. Such an occupier cannot be any other employee of the company
or the factory. This interpretation of an “occupier” would apply to all provisions of
the Act, wherever the expression “occupier” is used and not merely for the purposes
of Section 7 and 7-A of the Act.
Where the company fails to nominate one of its directors as the occupier of the
factory, the Inspector of Factories shall be at liberty to proceed against any one of
the directors of the company, treating him as the deemed occupier of the factory,
for prosecution and punishment in case of any breach or contravention of the
provisions of the Act or for offences committed under the Act.
Prior to 1987, Section 2 (n) of the Act which defined “Occupier of the factory”
had necessarily to be rated along with Section 100 of the Act to find out an occupier
under different situations. Sub-sec (2) of Section 100 provided that where the
occupier of a factory was a company, any one of the Directors thereof may be
prosecuted and punished for any offence under Chapter x for which the occupier of
the factory was punishable. Under the Provision to Section 100 (2), the Company
had an option to nominate one of its Directors, resident in India, who on such
nomination would be deemed to be an occupier for purposes of prosecution and
punishment under the Act. There was, thus, no compulsion under Section 100 (2)
that only a director would be nominated as an occupier, even though in the
definition of “occupier” under Section 2 (n), it was provided that an occupier means
the person who has the ultimate control over the affairs of the factory and where
such affairs are entrusted to a managing agent, such agent shall be deemed to be
an occupier. Some of the companies taking advantage of the option as contained in
the Provision to Section 100 (2) of the Act and noticing the stringent provisions for
punishment for breach of some of the provisions of the Act, instead of nominating a
Director, as the occupier, used to nominate some other employee or officer as an
occupier of the factory and, thus, whenever any violation of the Act was committed,
it was that employee or officer who was subjected to penalty and punishment and
not the directors or any one of them. Thus, by nominating an employee or an officer
as the occupier, the directors of the company who are primarily an officer as the
1
occupier, the directors of the company who are primarily responsible for ensuring
safety measures in the factory and take care of health hygiene and welfare of the
workers being m ultimate control of the management of the company which owns
the factory, were able to escape prosecution and punishment even if they were
found to be negligent or indifferent to the welfare of the workmen or had failed to
provide adequate and proper safety measures in the factory as well as in cases
where the breach was found to have been committed with their consent or
connivance, or due to lack of diligence on their part. After a tragedy occurred in
Delhi by the leakage of chlorine gas, the Supreme Court noticed the “escape route’
which had been carved out by the Directors of the Company, which owns or runs
the factory, and voiced its concerns and opined that if there was negligence in
looking after the safety requirements, in a hazardous industry, in particular, even
the Chairman and the Managing Director besides the Board of Directors must be
held responsible and liable (even when they are not the actual offenders) as that
alone could ensure reduction of, if not altogether elimination of, risk and hazard to
workmen.
After the Supreme court judgment in M.C. Mehta and another v Union of
India and others [AIR. 1987 S.C.982: 1986 (2) SCC. 325], the Parliament stopped in
and passed the Amendment Act 20 of 1987 which besides amending the definition
of an occupied under Sec. 2 (n) of the Act by addition of various Provisions thereto
also made some more significant changes in the Act. According to the definition of
the occupier’ under Section 2 (n), an occupier means a person who is in ‘ultimate
control of the affairs of the factory’. Though the word ‘person’ has not been defined
under the Act. But under Section 3 (42> of the General clauses Act, a person has
been defined to include a company or association or body of individuals, whether
incorporated or not. Such a person, Clause 2 (n) of the Act, therefore, could be a
company or a partnership or an association of persons or an Individual. Where the
factory is owned or run by a company, it would be that company, which would be
the occupier of the factory. Under Section 100, as it stood originally, where the
occupier of the factory was a company, any one of the directors may be prosecuted
and punished and the company could give a notice identifying such a director. It
was, therefore optional for the company to notify a director as the occupier. The
company could nominate any other officer or employee also as an occupier. The
Amending act of 1987 efiminatcd altogether section 100 and instead introduced
into Section 2 (n) various Provisions and in Provision (ii) provided a deeming fiction,
as to what would happen if the occupier was a company. Crirninal liability in case
of a default would primarily attach to the company, as the occupier of the factory
and, therefore, it has been provided that in case of company, anyone of the
directors of the company shall be deemed to be the occupier. To remove the
ambiguity and ensure that a mere ‘authorization’ by the Board of Directors of any of
u
34
its employees of officers, by a resolution, to be the occupier was not allowed to
defeat the object of the Act, particularly in matters of punishment and penalty, the
35
decisions of the High courts of Bombay, Orissa, Karnataka Calcmtn r
Madras is not the correct law.
’
tU’ Guwahati and
als0Tenacted Secti°ns 7 and 7-A of the Act by the Amending act of 1987
[J.K.Industries Ltd.,,and
----- others> v. Chief Inspector of Factories and Boilers and
others - 1996 (2) clr. 832.j
In case of a factory owned or controUed by the Central Government the St t
Government or the local anthnHhr
^mnent, tne State
There is a vast difference between a person having the ultimate control of the
affairs of a factory and the one who has immediate or day-to-day control over the
affairs of the factoiy. In the case of a company, the ultimate control of the factoiy,
where the company is the owner of the factoiy, always vests in the company,
through its Board of Directors.. The Manager or any other employee of whatever
status can be nominated by the Board of Directors of the owner company to have
immediate or day-to-day or even supervisoiy control over the affairs of the factoiy.
Even where the resolution of the Board of Directors says that an officer or
employee, other than one of the directors, shall have the ‘ultimate’ control over the
affairs of the factoiy, it would only e a camouflage or an artful circumvention
because the ultimate control cannot be transferred from that of the company, to
one of its employees or officers, except where there is a complete transfer of the
control of the affairs of the factoiy. Mechanical recitation of the words of Section 2
(n), as a Mantra in a resolution nominating an employee or an officer as the
occupier by stating that he shall have ‘ultimate control over the affairs of the
factory cannot be permitted to defeat the object of the amendment.
Though, the expression “ultimate control” was used in Section 2 (n) even prior
to the 1987 amendment also, but read with the Provision to Section 100 (2) it gave
an opportunity to the companies owning the factoiy to dilute the rigour of&the
ory the person or persons appointed to manage the affairs of thp f
i
■
It
CASE STUDY-2
Sec 22 (1)
provisions by not notifying one of its directors to be the occupier and instead
nominating some employee or the other to be the “occupier” for purposes of
punishment and penalty. The ultimate control which vests in an owner and in the
case of a company in the Board of Directors cannot be vested in anyone else
without completely transferring the control over the factoiy to those other persons.
The law does not countenance duality of ultimate control. If the transfer of the
control to another person is not complete, meaning thereby that the transferor
retains its control over the factoiy to that other person. The law does not
countenance duality of ultimate control. If the transfer of the control to another
person is not complete, meaning thereby that the transferor retains its control over
the affairs of the factoiy, the transferee, whosoever he may be, (except a director of
the company, or a partner in a partnership firm) cannot be considered to be the
or rnXmg
XX o'X XX F la;ndVhey not
workere “
Medical couege Hospitai rs noZX
person having ultimate control over the affairs of the factoiy notwithstanding what
the resolution of the Board states. The litmus test, therefore, is who has the
‘ultimate’ control over the affairs of the factory.
CASE STUDY-3
j,
Sec 5.1
.
The Supreme Court held that the law laid down by the High Courts of
Allahabad, Madhya Pradesh, Rajasthan and Patna is the correct enunciation of law
in regard to the ambit and scope of the Provision (ii) to Sec. 2 (n) and that the
in a lactoX" mX Z
be reqUired OT
to
a factory- for more than forty-eight hours in any week and subject to this
provtsron Sectron 54 of the Act provides that no aduit workman shall be reouXd
(
onlXf Z
tHan nine h°UrS 3 day and
“UM be exceed d
only to facihtate change of shifts andy with the previous approval of the ChX
I
z
Ij
37
36
Inspector. There is no compulsion under the terms and conditions of service of the
workmen that they should work overtime for any specific number of days in any
month. It is only under the circumstances when management is permitted to
engage the services of a workman overtime in terms of the provisions of the
Factories Act and a workman offers to work overtime that the management may
allow him to work overtime on payment of double the rate for the period of overtime
work as prescribed under section 59 of the Factories Act. It is not obligatory for any
workman to work overtime and the management has also no right to compel a
workman to work overtime and further even if the workman agrees, he cannot be
engaged to work overtime regularly as it is controlled by the aforesaid provision of
the Factories Act. Therefore, it is clear that overtime work cannot be regarded as
either an express or implied term of the contract of employment. [Hind Art Press,
Mangalore v. Employees’ State Insurance Corporation and another - 1989 (75) FJR.
73.)
1969 will see ar
new departure: the ILO’s World :
Employment Programme,
whose aim is it furnish 1
i to everyone opportunities for jobs
!
and skills of value to the
community and satisfying
J ito the workers. There again, as in the
past the ILO’s
main concern will continue
j to be Man, the purpose and the
means of social
progress.
INTRODUCTION
to itsOConOsftimetioTkS
In“Onal Labour Organization in the
tO
preamble
Organization dTiLg^Tas^S^yeZsT ^fferent StageS °f 1116 activities of the
health.
*
■
7
f°r Ule Promotlon of occupational safety and
comprises governments, employers aL workers L ILO oT
International Labour Organization (ILO)
ILO 1919 - 1969- Fifty Years in the Service of social Progress
Fifty years ago, at the end of 1918, the First World War was drawing to a close.
Not only had peace to be made, it must be a durable peace. The peace Treaty signed
in Versailles on 28 June 1919 set up the League of Nations whose essential task
was to avert future conflicts. But it had already been understood that universal and
lasting peace “can be established only if it is based upon social justice”. The
International Labour Organization was therefore created alongside the League of
Nations with the responsibility of setting up international collaboration for the
study of labour problems and for the adoption of international standards of workers
protection.
Of this structure, only the ILO was to remain after the Second World War.
Relying on the confidence of workers, of employers and of governments which
constitute it, and drawing on its capital of accumulated achievements, the ILO was
ready to face the future. In Philadelphia in 1944, the Organization marked its 25
years of activity by enlarging the scope of social international co-operation and
bringing the ILO into the struggle against poverty and insecurity. As the first
specialized agency to enter into relations with the United Nations, it threw its
weight wholeheartedly - while continuing its work for the protection of workers into a new and essential undertaking; international technical co-operation.
There were 45 States Members in 1919, there are 118 in 1968.These figures
are eloquent, for they demonstrate that the ILO’s work affects the whole world and
more particularly those countries which have recently become independent and
where problems of development are most acute. For the past 20 years, ILO experts
have supported the efforts of governments in organization of employment services
and labour administration, vocational training for unskilled workers and managers
alike, productivity in large and small undertakings, development of co-operatives,
workers education, social security systems, better conditions of work and higher
living standards.
resources for its activities.
" StraCtUre Wh,ch
possesses the necessary
The International Labour Office which
°f
protection of workers
Same
i e-
Member Xorg^iZ"
Today, occupational safety and health activities are concerned not only with
the .preventioni of
cfoccupational
____
accidents and diseases but also with the
improvement of the workers
safety and health in industrial and social life in
particular by making work
more humane as a result of better environmental
conditions at workplaces.
The different kinds of
activity that the ILO carries on in the field of
occupational safety and health may be summZndy cfasstfed
------ 1 as follows:
> Standard setting and research;
> Tochnical co-operation, especially with developing countries> Collaboration with other international organizations;
> Collection and dissemination of information.
Safety and health in particular occupations
Guid^ce^G00116
RegUlati°nS f°r Industr^ Establishments for the
SeZce ii
IndUStrieS’ ad°Pted by a
TechniJ
J “
\ 8’ 18 3 monum“tal work comprising 244 sets
16 chapters and running to some 500 pages.
floors
floo^and^66^ death. Wlth
regulations in
lndustrial premises (general requirements,
ventiUtion t
°PeningS’ StairS’ pIatforms. elevators, yards, lighting
venblation, temperature, etc.); fire prevention and protection (exists, fire-fighting
/
r
U
39
38
Protection of Seafarers
facilities, alarm systems storage of explosive an flammable substances, lightning
protection etc.); machine guarding (general requirements, prime movers,
transmission and working machines of all kinds); electrical equipment; hand tool
and portable power-driven tools; boilers and pressure vessels(including air
receivers, compressore and gas cylinders);furnaces, kilns and ovens(from blast
furnaces to enameling ovens);handling and transportation of material (general
requirements, cranes of all kinds, portable hoists, winches, blocks and tackle,
conveyors, power and hand trucks, plant railways, piping systems, etc, and lastly,
lifting, carrying, piping and storage of material);dangerous and obnoxious
substances (flammable and explosive substances, such as commercial explosive,
magnesium, celluloid, acetylene, organic ^dust and cellulose solutions for spray
painting; corosive, hot and cold substances and alkalies etc.; infectious, irritating
and toxic substances, including carbon monoxide, lead and its compounds,
phosphorus and coal-tar derivatives);dangerous radiations (infra-red, ultra-violet,
ionizing radiations);maintenance and repairs; health protection (sanitation, exhaust
ventilation, etc.); personal protective equipment; selection of workers, medical
service and first-aid(included protection of women and young persons and medical
examinations);and works safety organization.
Amendments to various provisions of the Model Code relating to the textile
industries and to acetylene welding and related subjects were adopted by a meeting
of experts in 1955 and have been incorporated in the Code. Amendments to the
provisions concerning radiations were drafted in 1957 by a committee of experts.
Other amendments concerning the safety of lifts and other lifting appliances and
the use of dangerous substances are in preparation.
In 1946, the International Labour Conference adopted a Convention (No 73) on
°f Seaferers which- with “inor exceptions, applies to every
person engaged in any capacity’ on board any seagoing vessel other than a fishing
vessel and certain small vessels.
Another Convention (No. 113), which was adopted in 1959, extends the
provisions on medical examinations to fishermen.
\
On several occasions the maritime consultative body of the ILO, the Joint
Maritime Commission, has included on its agenda items referring to health of
seafarers and the International Labour Conference, especially at its maritime
sessions, has adopted several instruments bearing directly or indirectly on this
subject. Particular mention may be made of two Recommendations (No. 105 and
No. 106) adopted in 1958 at the 41st (maritime) Session of the Conference. The first
deals with the contents of medicine chest on board ship and recommends the
adoption of a standard list of medicaments and surgical instruments, appliances
and equipment to be carried on board every ship whether there is a ship’s doctor on
board or not. The annex of the Recommendation gives the list of suggested
medicaments and medical equipment. The second Recommendation deals with
medical advice by radio to ships at sea.
Agriculture
The two Recommendations were adopted as a result of a proposal made by the
Second Session of the Joint ILO/WHO Committee on the Health of Seafarers which
met in 1954.The Joint Committee, which studies seafarers health on a continuing
basis and defines the policy to be followed by the two organizations with respect to
them in the field of hygiene of seafarers, was established in 1949 following a
recommendation adopted by the First Word Health
The ILO has for many years been aware of the importance of safety and health
in agriculture. The development of mechanization and the increasing use of
chemicals in agriculture have led the ILO to prepare specific standards for this
sector. Thus a meeting of experts held in 1964 adopted a Code of Practice on
Occupational Safety and Health in Agricultural Work comprising nearly 1000
provisions. In addition, two guides, one on safety and the other on health in
agriculture, are in preparation.
Assembly in 1948.The Third Session of the Joint Committee recommended
that ILO, WHO, and IMCO should undertake the establishment on an international
scheme to provide medical advice to ships at sea. The main task of the Fourth
Session ml965 was the consideration and adoption of this co-ordinated scheme
which comprises an international model for a ships medical guide, a new schedule
of contents for ships medicine chests and the revised medical section of the
International Code of Signals.
A panel of consultants on safety and health in agriculture has been set up to
assist and guide the office in its work in this field. The panel consists of some 40
specialists from different parts of the world.
Requirements of hygiene are included in Convention No.75, adopted in 1946
and in a revised Convention N6.92, adopted in 1949, concerning crew
accommodation on board ship. These apply to seagoing ships, except fishing vessels
and certain other vessels. A third Convention No. 126, adopted inl966, concerns
minimum standards of accommodation on board fishing vessels!
Forestry
A study on safety and health in forestry work was compiled in 1957;it included
detailed statistics of accidents.
At the request of the joint FAO/ECE/ILO Committee on Logging Techniques
and the Training of Forestry Workers, the ILO has published a Guide to Safety and
Health in Forestry Work.
A code of practice on Safety and Health in Forestry Work is in preparation.
These Conventions contain detailed provisions concerning the location,
structure, arrangement, dimensions, floor space per person, heating, lighting and
ventilation, etc., of crew accommodation. In addition to general provisions there are
special provisions for mess rooms, dormitories, sanitary, hospital and recreational
accommodation (including open deck s^pace).
H
40
41
The problem of the safety training of seafarers was studied in 1964 by a Joint
ILO/WHO/IMCO Committee on the Training of Seafarers in the Use of Aids to
Navigation and Other Devices which adopted a document for guidance intended to
assist countries in the provision of training related to ship board safety.
of the scheme, falls in the purview of the act. Employees of the aforesaid categories
of factories or establishments, but drawing wages only up to Rs 6, 500 a month are
entitled to health insurance cover under the ESI act. The wage ceiling for purpose
of coverage is revised from time to time; to keep pace with rising cost of living and
subsequent wage hikes. The present ceiling of Rs6, 500 has been effective from 1
January 1997 the appropriate government state or central is empowered to extend
the provision of the ESI Act to various classes of establishment, industrial,
commercial, agricultural or otherwise in nature. Under these enabling provisions
most of the state governments have extended the ESI act to certain specific classes
of establishments. Like shops, hotels, restaurants, cinemas, employing 20 or more
persons. But no industry has the right to opt out of the scheme.
In the field of safety, a Recommendation No.48, adopted in 1936, included
provisions concerning the fencing of dangerous places in dock areas, lighting in
these areas, etc.
The First Session of the Tripartite Subcommittee on Seafarers Welfare of the
Joint Maritime Commission, which met in 1959, adopted resolutions and
conclusions emphasizing the need for
stricter application of the principles
contained in Recommendation No.48, mentioned above, while a conclusion adopted
by the Third Session of the Subcommittee in 1966 pointed out that vocational
training on general health hazards.
In 1968, a Joint ILO/FAO/IMCO Meeting on Safety on Board Fishing Vessels
adopted an international code of practice dealing with the navigational, operational
and occupational aspects of the subject, prepared by the three organizations. The
code introduces international minimum standards with respect to the safety of
fishermen and fishing vessels.
> Moreover, a Medical First Aid Guide to be annexed to the IMCO Code on
Dangerous Goods is in preparation with the co-operation of ILO and WHO.
THE EMPLOYEES STATE INSURANCE ACT, 1948 / THE EMPLOYEES STATE
INSURANCE (GENERAL) REGULATIONS, 1950 AS AMENDED TIME TO TIME
An Act to provide for certain benefits to employees in case of sickness
maternity and "employment injury" and to make provision for certain other matters
in relation thereto. The Act in fact tries to attain the goal of socio-economic justice
enshrined in the Directive principles of state policy under part 4 of our constitution,
in particular articles 41, 42 and 43 which enjoin the state to make effective
provision for securing, the right to work, to education and public assistance in
cases of unemployment, old age, sickness and disablement.
The Beginning
The Employee State Insurance act was promulgated by the Parliament of India
in the year 1948.To begin with the ESIC scheme was initially launched on 2
Februaiy 1952 at just two industrial centers in the countiy namely kanpur and
Delhi with a total coverage of about 1.20 lac workers. There after the scheme was
implemented in a phased manner across the countiy with the active involvement of
the state government
Applicability
The ESIC Act applies to non-seasonal, power using factories or manufacturing
units employing ten or more persons and non-power using establishments
employing twenty or more persons. Under the enabling provisions of the act, a
factory or establishment, located in a geographical area, notified for implementation
Contribution periods and benefit period
Workers, covered under the ESI Act, are required to pay contribution towards
the scheme on a monthly basis contribution period means a six-month time span
from 1 April to 30 October and 1 November to 31 March. Thus, in a financial year
there are two contribution periods of six months duration. Cash benefits under the
scheme are generafiy linked with contribution paid. The benefit period starts their
months after the closure of a contribution period.
Contribution period
1 April to 30 September
1 October to 31 March
_______ corresponding benefit period
1 January to 30 June of the following year
18 July to 31 December
Registration
Simultaneously with his or her entry into employment in a covered factory or
establishment, an employee is required to fill in a declaration form. The employee is
then allotted a registration number, which distinguishes and identifies the person
for the purposes of the scheme. A person is registered once and only upon his entry
in insurable employment. But SC’s judgement in Balakrishna V ESIC has held
that a worker covered under the act would be entitled to benefit from the date of his
employment and not from the date of registration after contribution by the
employer.
Identity card
On registration every insured person is provided with a ‘temporary
identification certificate’, which is valid ordinarily for a period of three months but
may be extended, if necessary, for a further peridd of 3 months. Within this period,
the insured person is given a permanent ‘family photo identity cprd’ in exchange for
the certificate. The identity card serves as a means of identification and has to be
produced at the time of claiming medical care at the dispensary/ clinic and cash
benefit at the local office of the corporation. In the event of change of employment,
it should be produced before the new employer as evidence of registration under the
scheme to prevent any duplicate registration. The identity card bears the
signature/thumb impression of the'insured person. Since medical benefit is also
available to the families of Insured/persons, the particulars of family members
H
42
43
entitled to medical benefit are also given in the identity card affixed with a postcard
size family photo. If your identity card is lost, a duplicate card is issued on payment
as prescribed.
2. Sickness benefit [cash]
Sickness benefit is payable to an insured person in cash, in the event of
sickness resulting in absence from work and duly certified by an authorized
insurable medical officer/ practitioner.
Appointment of office bearers
The doctors in the ESI hospitals, staffs and other office bearers of ESIC are
appointed by the respective state governments, except in Delhi where they are
appointed by the ESI Corporation.
> The benefit becomes admissible only after
ot Uooi- vq
" ----- an insured has
contribution for
at least 78 days m a contribution period of 6 months.
> Sickness benefit is payable for a maximum of 91 days in two consecutive
contribution period.[one year]
> Payment is to be made by the local office within 7 days of certificate of sickness
at a standard rate which is not less than 50% of the wages. [The logic behind
fixing of 78 & 91 days of contribution is based on certain statistics worked by
the corporation to give cash benefits. But the officials in the corporation don’t
know how it is fixed.]
Local office
A network of local office has been established by the corporation in all
implemented areas to disburse all claims for sickness, maternity, disablement and
dependents benefit. The local office answers all doubts and inquiries and assists
otherwise in filling in claim forms and completing other action necessaiy in
connection with the settlement of claims. These office also interact with the
employers of the area. The local offices are managed by a manager and work under
the control of the regional office
3. Extended sickness benefit [cash]
Extended sickness benefit is payable to insured persons for the period of
certified sickness in case of specified 34 long-term diseases that need prolonged
treatment and absence from work on medical advice.
Social security benefits
Quantum, scale and contributory conditions
> For entitlement to this benefit an insured person should have been in insurable
employment for at least 2 years. He/ she should also have paid contribution for
a minimum of 156 days m the preceding 4 contribution periods or say 2 years.
> ESI is payable for a maximum period of 2 years on the basis of proper medical
certification and authentication by the designated authority.
> Amount payable in cash as extended sickness benefit is payable within 7 days
following the submission of complete
complete claim
claim papers
papers at
at the
the local
local office
office
concerned. 13
Employees covered under the scheme are entitled to medical facilities for self
and dependants. They are also entitled to cash benefits in the event of specified
contingencies resulting in loss of wages or earning capacity. The insured women are
entitled to maternity benefit for confinement. Where death of an insured employee
occurs due to employment injury or occupational disease, the dependants are
entitled to family pension.
Various benefits that the insured employees and their dependants are entitled
to, the duration of benefits and contributory conditions therefore are as under
4. Enhanced sickness benefit [cash]
This cash benefit is payable to insured persons in
in the
the productive
productive age
age group
group for
for
under going sterilisation operation, viz., vasectomy/ tubectomy.
1. Medical benefit
Full medical facilities for self and dependants are admissible from day one of
entering insurable employment. Whereas, the primary, out patient, in patient and
specialist services are provided through a network of panel clinics, ESI dispensaries
and hospitals, super specialty services are provided through a large number of
advanced empanelled medical institutions on referral basis.
Eligibility to Medical benefit
The contribution is the same as for the normal sickness benefit.
Enhanced sickness benefit is payable to the IP’s for 14 days for tubectomy and
for seven days in case of vasectomy.
\
> From day one of entering insurable employment for self and dependants such as |
spouse, parents and children own or adopted.
y
> For self and spouse on superannuation subject to having completed five years 7
ininsurable employment on superannuation or in case of having suffered
permanent physical disablement during the course of insurable employment.
> The rate of contribution for superannuated/ disabled is Rs 1, 220 per annum
payable in lump sum at the local office for availing full medical care for self and
spouse.
The amount payable is double the standard sickness benefit rate that is, equal
to equal to full wages.
5. Maternity benefit leash]
Maternity benefit is payable to insured women in case of confinement or
miscarriage or sickness related thereto.
For claiming this an insured woman should have paid for at least 70 days in 2
consecutive contribution periods i.e. 1 year.
The benefit is normally payable for 12 weeks, which can be further extended
up to 16 weeks on medical grounds.
The rate of payment of the benefit is equal to wage or double the standard
sickness benefit rate.
The benefit is payable within 14 datys of duly authenticated claim papers. 14
u
44
6. Disablement benefit [cash]
Disablement benefit is payable to insured employees suffering from physical
disablement due to employment injury or occupation disease.
> An insured person should be an employee on the date of the accident.
X Temporary disablement benefit at 70% of the wages is payable till temporary
disablement lasts and is duly certified by authorized insurance medical officer.
> In case of permanent disablement, the cash benefit is payable is payable for life.
Amount payable is worked out on the basis of earning capacity determined by a
medical board.
> Disablement benefit is payable within one month of submission of the complete
claim papers. 15
7. Dependants benefits [cash]
Dependants benefit [family pension] is payable to dependants of a deceased
insured person where death occurs due to employment or occupational disease.
> A widow can receive this benefit on a monthly basis for life or till remarriage.
> A son or daughter can receive this benefit till 18 years of age.
> Other dependants like parents including a widowed mother can also receive the
benefit under certain condition.
> The rate of payment is about 70% of the wages shareable among dependants in
a fixed ratio.
> The first installment is payable within a maximum of 3 months following the
death of an insured person and thereafter, on a regular monthly basis. 16
8. Other benefits
1. Funeral expenses: On the death of an insured person subject to a
maximum of a Rs. 2, 500 payable at the local office.
2. Vocational rehabilitation: In case of disabled insured persons under 45
years of age with 40% or more disablement.
3. Free supply of physical aids and appliances such as crutches, wheelchairs,
spectacles and other such physical aids.
4. Preventive health cares services such as immunization, family welfare
services, HIV/AIDS detection, treatment etc.
5. Medical bonus Rs250 is paid to an insured woman or in respect of the wife
of an insured person in case she does not avail hospital facilities of the scheme for
child delivery
3.3 Revision Points and Summary
Factories act 1948 & State Factory Rules is a law regulating the Health &
safety of the Labours in the Factories? Chief inspectors of factories will be the
enforcing authority of the act in the Factory. Each state has there own State
Factories Rules like Tamil Nadu Factory Rules, Karnataka State Factory Rules etc.
It provides the general safety, health & welfare requirements for workers in
Factories, which has to be established, based on their applicability.
Factories Act states the requirement for the Approval & licensing of a new
factory or a modification to the existing one. It also states basic health requirement
45
like cleanliness, ventilation, temperature, illumination etc., welfare requirements
like rest rooms, Medical centre, lunchroom, washing room etc for a worker in a
Factory.
One safety Officer should be appointed for every’ 1000 Employees enforced by
the act.
This act provides a list of process considered to be hazardous processes & the
safety requirements necessary for the factories running this Hazardous process.
Any dangerous occurrences, accidents or notifiable disease in a factory should
be communicated to the chief Inspectors of factories & other relevant persons
within 24 hours in prescribed format.
Workman Compensation Act 1923/2000 provides details of the compensation
to workmen to workmen including contractor’s workmen or commissioner for
personal injury and or contracting any diseases peculiar to that employment arising
out of and in the course of his employment within the scope based on the
prescribed calculations & specification. This act is applicable for firm, which
employs equal to twenty or more number of contract labors in the twelve-month
period of a year.
International Labour Organisation was formed with the basic motto of
protection of workers against sickness, injury & disease arising out of his
Employment. ILO promotes the Occupation health & safety for the welfare of the
Labour by different kinds of activities
Employee’s state Insurance Act 1948 was amended in the interest of the
certain benefits to the Employees in case of sickness, maternity & employment
related injury. It states the details of the medical benefits which can be acquired by
the Employee. It details the amount of contribution of an Employee & Employer
towards ESI. Present ceiling limit of wages upto which the health insurance is
applicable as per ESI is Rs 6, 500/-.
3.4 Assignments
1. If you have been appointed as a safety Officer in a factory what are the registers
you need to maintain as per Factories Act
2. Explain the role of the Chief Inspectors of Factories in enforcing the laws in
factories
3. Assume you are opening a chemical Industry manufacturing fertilizers what are
all the legal requirements you need to take care as per Factories act
4. If you have to employ contract labors for your firm, explain the legal
requirement which have to be complied as per Contract Labor Act
5. If there is an accident in your factory, what is your role as a safety officer?
3.5 Terminal Exercises
1.
Factory license should be renewed from Inspectors of factories every
a. Bi annually
b. Yearly
c. Four years once
H
46
2.
3.
4.
5.
6.
7.
8.
9.
10.
Half-yearlCanteen facility should be provided to the workers if the number of
workers are more than
a. 250
b. 150
c. 100
d. 50
A Adult Male can carry
kgs of weight as per Indian Factories act
a. 25
b. 50
c. 75
40Pressure vessels should be hydro tested by competent
person in not more
than
a. 1 year
b. 2 years
c. 3 years
d. 4 years
Portable Electrical appliances of not more than
volts should be
used in a confined space
a. 15 V
c. 20 V
b. 24 V
d. 8 V
Those Firm which employs more than_________ numbers of Contract
employees should possess a valid license from Labor commissioner
a. 10
c. 20
b. 30
d. 40The main task of the International Labour Organisation is
a. Protection of the labours from poverty
b. Protection of the labours from harassments from the society
c. his employ^e^t WOrker against sickness> disease and injury arising out of
C
d. Protection of the childhood labours
ESI Act is to provide benefits to Employees in case of
a. Sickness, maternity and employment injury
b. His personal commitments like marriages etc
The present ceding limit for the ESI act for Employees is Rs
a. 6500/b. 8500/c. 10,000/d. 15,000/ILO stands for
a. Indian Labour Organization
b. International Labour Organization
c. International Logistics operation
47
UNIT - IV
4.0 INTRODUCTION
This Lesson gives updates on various other legal requirements such as Indian
Electricity rules, Gas cylinder rules. Manufacture storage and import of hazardous
chemical rules, Boiler act and rules, Explosives act and rules. Static and Mobile
pressure vessels rules, petroleum act and rules, Noise pollution and regulation
Other than these requirements such as Bio medical waste management and
handling rules, Environment protection act 1986, Municipal solid waste
management and handling rules need to be understood by the student. We will
recommend this to be considered as assignment as student wherein they can refer
web sites or from libraries
and collect data
---------------------------- and can make salient summary on these
regulations
In lesson 3 we have covered factories act 1948 and background of factories act
which is the ILO the introduction given for that chapter would remain the same.
In short legal requirement assessment need to be done for all types and size of
organization and no one type fits all. Gap assessment need to be done during the
preliminary stage of project to have compliance to legal requirements.
If there is anything which can bring down the company performance and can
result in huge compensation it can be only deviation or non compliance to legal
requirements.
Many multi national companies are ]paying heavy compensation and have paid
in the past huge remediation cost on legal1 non compliance. So the understanding of
legal subject is essential.
The following terms are frequently discussed with respect to any legal
adherence, they are.
Compliance
Non Compliance
Contravention
Non conformity
Full implementation of legal requirements
Breach of law
Infringement or Violation of law
Non fulfillment of a requirement
Emerging Environment health and safety trend is due to the following key
parameters,
> Global competition
> More demand for transparency
> Increasing public concern for safety, health and environment
> Public interest litigations
>. Area specific environmental standards
> Integration of environment health and safety at planning stage
> Global improvement in Environment health and safety law
Almost all laws are listed below,
> The water prevention and control of pollution act 1974
> The water (prevention and control of pollution) cess act, 1977 and rules.
1978, amendment act, 2003
/
u
48
49
> The air prevention and control of pollution act 1981 and the air prevention
and control of pollution rules, 1982, 1975
Environment protection act, 1986 and environment protection rules, 1986
> The hazardous waste management and handling rules, 1989/2000/2003
> Manufacture storage and import of hazardous chemical rules, 1989/1994/
2000
'
'
> The bio medical waste (Management and handling ) rules, 1998
> The noise pollution ( Regulation and control ) rules 2000
> Gas cylinder rules, 2004
> The petroleum act 1934 as amended till 1977 and the petroleum rules, 1976
(As amended till 2002
> The central motor vehicles rules, 1989
> The batteries management and handling rules, 2001
> Environment (Protection) second amendment rule concerning Noise /
Emission from DG sets
> Indian Boiler act, 1923 / Indian Boiler regulations, 1950
> Indian electricity rules 1956
> The ozone depleting substances (regulation and control) rules, 2000
> The Indian factories act, 1948 and State factories rules
> Building and other construction workers ( Regulation of employment and
conditions of service act 1996, central rules 1998
The static and mobile pressure vessels (unfired rules) rules, 1981
> Explosives Act, 1884 / Explosives, 1983
> Atomic energy ( Radiation protection) rules, 2004
> The energy Conservation act, 2001
> The Mines act 1952, an act to amend and consolidate the law relating to the
regulation of labour and safety in mines
> The mines rules, 1955
> The coal mines regulation, 1957
> The metallic ferrous mines regulation, 1961
> The mines vocational rules, 1966
> The oil mines regulation, 1984
> The mines rescue rules, 1985
> The dock workers ( Safety, Health and welfare ) act, 1986- An act to give
effect to the convention concerning the protection against accident of
workers employed in loading and unloading ships
> The dock workers ( Safety, Health and Welfare regulations, 1989
> The plantation labour act, 9151 and rules there under
> The inflammable substances Act, 1952
> The Municipal Solid wastes ( Management and Handling) rules, 2000
> The shops and Commercial establishments Acts enacted by respective state
governments
> The drugs and cosmetic act, 1995
> The Indian Ports act, 1908
> The Dangerous machines ( Regulation ) Act, 1983
> The public liability Insuarance Act 1991 and rules, 1991
> Key global protocols
> Global warning
> Basel convention
>
>
>
Montreal protocol
Stockholm convention on persistent organic pollutants, 2004
United nations recommendation on transport of dangerous goods
The content above enlist the various act and rules enacted by the central and
state government to protect Environment health and safety, the students are
expected to refer websites and book to go into the details and the act to fully
understand the key terms and applicability of relevant standards. We will be
covering Key regulations having direct impact on Health and safety.
The students are expected to review the protocols from public / private library
or google search in internet
4.1 Objective
®
.
> The student will be able to know the structure and importance of Act, rules,
the enforcement agency attached with the act and rules, key definitions,’
relevance for the company and design of rules.
4.2 Content
>
Indian electricity act and rules there under
> The contract labour (regulation & abolition) act 1970 & its central rule.
> Explosive act, 1884 / explosives rules, 1983
> The static and mobile pressure vessels (unfired) rules, 1981
amended til1 1977)and the petroleum rules,
1976 (as amended till 2002. 16th September 1934
> The noise pollution (regulation & control) rules, 2000
> Gas cylinder rules
Manufacture storage and import of hazardous chemical rules
> The Indian Boiler act 1923
INDIAN ELECTRICITY RULES, 1956
OBJECT OF THE RULES
Law related to regulation of Electricity Generation,
transmission, distribution &safety requirements.
ENFORCEMENT
AGENCY
Chief Electrical Inspector for Safety Requirements.
RELEVANCE FOR
COMPANY
Construction, Operation&Maintenance of Electric Supply
lines and apparatus.
KEY DEFINITIONS
Authorized Person, Low Voltage, Medium Voltage, High
Voltage, Extra High Voltage, Occupier.
DESIGN OF THE RULES
Chapter 1 to Chapter 11
Chapter 4-General Safety Requirements
RuleS-Authorizatiom
Rule 45-Precautions to be adopted by Occupier, Electrical
Contractors, Electrical Workman
Rule 63-Approval by Inspector.
/
11
u
51
50
INDIAN ELECTRICITY RULES, 1956
Section/Rules
Legal Provision/Requirements
Rule 3 (1)
Authorization of any person in the establishment for the
purpose of electrical work (handling of electrical supply line
and apparatus/working on medium/high/extra high voltage
installations/use of energy at high and extra high voltage
and others)_________
Rule 3(2)
No person shall be authorized unless he is competent to
perform the duties assigned to him and posses either an
appropriate certificate of competency or permit to work.
Rule 35
_
Rule 3(3)
No person shall be deemed to authorize under sub Rule 1 as
above unless his name been entered in a list at the premises
of the person authorizing him and giving the purpose for
which such person is authorized and entry has been attested
by the authorized person and the person authorizing him.
Rule 5
Allow entry and inspection of the premises by government
inspectors
____
Rule 29
Construction, Installation, protection, operation and maintenance
of electric supply lines and apparatus.
All electric supply lines and apparatus shall be of sufficient ratings
for power, insulation and estimated fault current and of sufficient
mechanical strength, for the duty which they may be required to
perform under the environmental conditions of installation, and
shall be constructed, installed, protected, worked and maintained
in such a manner as to ensure safety of human being, animals and
property/material to confirm IS Specifications, where laid down.
Rule 33 (2)
To take all reasonable precautions to prevent mechanical damage
to the earth terminal and its lead belonging to the supplier of
electrical energy._____________________________________
Rule 34
Adequate control on:
Preventing access to bare conductors in the building (making them
in accessible)
And provide readily accessible switches for rendering them dead
whenever necessary
And others safety measures.
Handling of electric supply lines and apparatus
Before any conductor or apparatus is handled, adequate
precautions shall be taken, by earthing or other suitable means to
scharge electrically such conductor or apparatus.
No person shall work on any live electric supply line or apparatus
antb10- pe,rSOn sha11 assist such person on such work, unless he is
*h'
«
both7 benSnn Wh° iS worklnE on electric supply line or apparatus or
both shall be provide with tools and devices such as gloves rubber
handearthlng deViCeS’ heImetS- >-e testers,
Appointments of the person by the Management for the
observance of Safety Provisions under IER, 1956, who Shall
periodically inspect such installation, get Them tested and
maintain records.
__________
Legal Provision/Requirements_______________________
-------- ------
_AU supports of high and extra-high voltage overhead lines.
Rule 36
No person shall be authorized to operate or undertake the
maintenance of any part or whole, of generation station of the
capacity 100MV on above unless adequately qualified and
trained (Annexure 14)
__________________________
Section/Rules
~
equ Jment1-’ generat°r- transf‘’™er and other electrical plant and
Rule 3 (2)a
Rule 3 (6)
Danger notices
Rule 37
Supply to vehicles, cranes, etc
AjelMGlc or traveling crane to which energy is supplied from an
il vStePrtoT Sh?U1£ bC efficiently by 3 suitable switch enabling
all voltage to be cut-off continuous and earthed.
S
Rule 41
Distinction of different circuits
~
eveVsttotoon including sdb-station, double
’ fOUr’P°Ie structure or any other structure having
enSUre by means of ^dication of a
fro”r Xt^'he inStallatiOn iS
d-tinguishable
pole
816 arransed m a manner 50
Rule 43
no
Provisions applicable to protective equipment
flled Tth adly Sand| firSt aid bOXeS and tW° Or raorc
S MVA ka f<tr enclosed sub Statons with transforming capac.ty of
generating b.0Ve)sbaU be conspicuously marked and kept in all
generating stations/Fire extinguishers shall be tested once in a
year and record shall be maintained.
The
extinguisher shall
shall be
be tested
tested for
for a satisfactoiy operation at
.
;fire exunguisner
east once a year and record of such test shall be maintained.
Rule 44
a
<1
Instruction for restoration of persons suffering from electric shock
for XCti°^ m +EngU®h or Hindi 311(1 Iocal language of the district,
J‘eS^ratlon of Persons suffering from eldctric shock, shall be
affixed by the owner in a conspicuous place in every generating
station, enclosed switch station. It shall be ensured that all
authonzed persons employed by him are acquainted with and
are
competent to apply the instructions.
In every high voltage generating station, sub-station an artificial
respirator shall be provided and kept in good working condition
53
52
Rule 44(A)
Reporting of any electrical accident resulting in loss of life or likely
to have loss of life of human shall sent a written report in the
prescribed From (Armexurel3 under IER, 1956)with in 48 hours of
the knowledge of occurrence of fatal accidents.
Rule 45
Occupier to ensure that no electrical work (excluding replacement
of lamp, fans, fuses, switches, low voltage appliances )shall be
carried out in the premises except by
An Electrical Contractor licensed by the State Government and
Under the direct supervision of a person holding a certificate of
competency issued or recognized b the State
Government and by a person holding a permit.____________________
Rule 46
Periodical inspection and testing of installation by (not exceeding 5
years) inspector or his authorized person.
Rule 48
Precautions against leakage before connection
To prevent leakage while installing high voltage equipments the
insulation resistance value should be followed as stipulated in the
relevant Indian Standard. At a pressure of 1000V applied between
each live conductor and earth for a period of one minute the
installation resistance of HV installation shall be at least 1 mega
ohm or as specified by the bureau of Indian Standards from time to
time.
For medium voltage installation-at a pressure of 500 V applied
between each live conductor and earth for a period of one minute,
the insulation resistance shall be at least Imega ohm.
Rule 51
Provisions applicable to medium, high or extra voltage installations.
When energy at medium, high or extra-high voltage is supplied,
converted, transformed or used-all conductors (other than those of
overhead lines) shall be completely enclosed in mechanically strong
metal casting or metallic covering which is electrically an
mechanically continuous and adequately protected against
mechanical damage unless the set conductors are accessible only
to an authorized person and protected to the satisfaction of the
inspector so as to prevent danger. All metal works, enclosing,
supporting or associated with the installation shall be connected
with an earthing system as per standards laid down in the Indian
Standards.
Specification for switch boards to be complied with.
Rule 51
Rule 60
Specification for installation in premises where inflammable
material including chemicals is produced, handled or stored, the
electrical installation must comply with the requirements of flame
proof, dust fight, totally enclosed or other suitable type depending
upon the hazardous zones.
Test for resistance of insulation
Where any electric supply line for use at low or medium voltage has
been disconnected from a system for the purpose of addition or
alteration or repair, such electric supply line shall not be
reconnected to the system until the supplier or the owner as
applied the test prescribed under rule 48 I.e. precautions aga’>
leakage before connection.
Rule 62
System at medium voltage
When a medium voltage supply system is employed, the voltage
between earth and any conductor forming part of the same system
shall not, under normal conditions, exceed low voltage.
Rule 63
Approval by Inspector
To obtain approval of inspector for high/extra high voltage supply
lines or apparatus.
Rule 65
Manufacturers Test Certificates for electrical installations
Prior to approval by the inspector.
Rule 68
General conditions as to transformation and control of energy
Where energy at high voltage is transformed, converted, regulated
or otherwise controlled in sub-stations or switch-stations or in
street boxes constructed undergrund, the following provisions shall
have effect:
Outdoor sub-stations except pole type sub-stations and fencing not
less than 1.8 meters n height shall efficiently protect outdoor
switch-stations.
Under ground street boxes, which contain transformers, shall not
contain switches or other apparatus, and switches, cut-outs or
other apparatus required for controlling or other purposes shall be
fixed in separate receptacles above ground.
Where energy is transformed suitable provisions shall be made
either by connecting with earth a point of the system at the lower
voltage or otherwise to guard against danger.
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970 & ITS CENTRAL
RULE 19_________
Section /Rules
Legal Provision/Requirements.
Section 4 of the Act
Applicability of the above Act:
a) To every establishment in which twenty, or more workmen
are employed or were employed on any day of the preceding
twelve months as contract labor:
b) To every contractor who employs or who employed on any
day of the preceding twelve months twenty or more
workmen.
Section 7 of the
Act/Rule 17 of the
Rules
Every principle employer to undertake registration of
establishment with the from labor commissioner for
employing contractor labor.
Section 12/13 of the
Act/Rule 21 of the
Rules
To ensure valid license with its contractors, having more
than 20 workmen.
Section 16/17/18/19
of the Act
Ensure availability of canteen, rest room, sanitary facility,
first aid to contactors employees.
Rule 74 of the Rules
Establish, maintain and update Register of Contractors in
the prescribed Format (Format 12)
Rule 75/76 of the
Rules
Ensure availability of updated Register of Persons employed
in the prescribed from with each contractors and contractor
will issue Employment Card/services care to its employees.
(Form 13/Fonn 14).
11
54
Rule 82 part -1 of the
Rules_______________
Ensure submission of half yearly return by contractors in
the prescribed form (#XXXIV) to the licensing officer.
Rule 82 part - 2 of the
Rules
Ensure submission of annual return b principle employer of
the registered establishment in the prescribed form (#XXV)to
the licensing officer.
55
THE STATIC AND MOBILE PRESSURE VESSELS
(UNFIRED) RULES, 1981
Legal Provision / Requirements
Section / Rules
Rule 3
General Exemption: These Rules shall not apply to vessels which
iorm part of a processing (in which unit processes/unit operations
are carried out).
Rule 4
No person shall fiU, manufacture, import any vessel unless such
vessel has not been manufactures as per the cod^/prior approval
_ of Chief Controller.
F
EXPLOSIVE ACT, 1884 / Explosives Rules, 1983
Section / Rules
Legal Provision /Requirements
Section 5
Central govt, empowered to make rules for licensing of
manufacture, possession, use, sale, transportation, import, export
of explosives.
Section 6 A
Prohibition on manufacture, possession, sale or transport by young
person (less than 18 years) and other persons specified.
Rule 3
Classification of explosives a follows:
Class 1 Gunpowder
Class 2 Nitro-mixture
Class 3 Nitro-compound
Class 4 Chlorate-mixture
Class 5 Fulminate
Class 6 Ammunition
Class 7 Fire Works
Class 8 Liquid Oxygen Explosives_________________
Rule 5
No person shal import, export, transport, manufacture, possess or
sell any explosive which is not authorized.
Rule 6
To make an application to chief controller in case of inclusion
under the list of authorized explosives.
Rule 8
Packing of explosives to be undertaken in the manner as laid down
in the Schedule II.
Rule 9
Marking of explosives shall confirm to rule 9.
Rule 32/87
Obtain license for transportation /manufacture of explosives.
Rule 89
Prior approval of manufacturing process is to be obtained.
Rule 113
Obtain license for possession, sale and use from Chief Controller of
Explosives. Possession to be carried out only in the licensed
premises.
Rule 5
_
No person shall deliver/dispatch any vessel with
compressed gas
to anY person unless he is a license holder.
Rule 6
No repairs, additions or alterations to any vessel & method of
_ execution unless approved.
Rule 8
No person under the age of 18 years or who is in state of
_ _ intoxication shall be employed for loading /transport.
Rule 9
_ _ Prohibition on smoking, fire, lights in proximity.
Rule 9 A
Supervision and operation by trained supervisors having
__ faiowledge of Hazards and Fire fighting conditions.
1
Rule 12
and fltmentS °f PreSSUre -sseIs are
Rule 19
Rule 20
All vessels shall be hydraulically tested by a competent person at a'
pressure marked on the vessel not more than 5 years after the first
test (m case of vessels ontaming the corrosive/toxic gases the
period of inspection shall be once in two years).
.
Precautions during hydrostatic testing specified.
Rule 21 and 32
Specifications for storage requirements (minimum safety
distances/foundations/fencing /earthing/fire-protection/loading
and unloading facilities/electrical installations and others).
Rule 33
A Certificate of safety before usage of any vessel for storage OR
alter the alterations by competent person.
Rule 35 to 44
Vehicle for transport of compressed gas shall be of a type
approved.
Rule 45 / 46
Obtain license for storage and transport of compressed gas.
Rule 53
No person shall use explosives for blasting purposes unless he
employs a qualified shot-firer holding a shot -firer permit.
Obtain prior approval in writng before carrying out any alterations
by submitting drawings to the licensing authority.
Rule 47
Obtain prior license for transport of compressed gas.
Rule 146 to 153
Blasting safeguards are prescribed.
Rule 51 (%)
Rule 164 / 165
Amendment / Renewal of license prescribed.
Mandatory display of license number in the premises and also the
emergency information.
Rule 169
Rule 54 / 55
Appeal: An appeal against the order of the licensing authority
within 30 days of the date of order.
Amendment of license in .case of alterations /additions/Renewal of
License.
Rule 59
Rule 182
To notify accidents to chief controller explosives within 24 hours.
Appeal: An appeal shall lay with the Central Govt, against the
order of Chief Controller for refusal/canceUation of license within
60 days of the order.
Rule 66
Notice of Accident, in case of loss of human life „
or serious injury to
persons or property due to accident by explosion or fire.
Chief Controller in case of loss of human life or serious injury to
Rule 116 to 134
Rule 144
Various precautions for storage, handling of explosives and
magazines prescribed.
_ _____________ ———_
57
56
human or property within 24 hours.
Office In charge of nearest Police Station.
To the District Magistrate concerned.
Leave all wreckage and debris untouched except a removal of
bodies of any person killed or rescue of persons injured.
Rule 5, 6, & 7
Rules for construction / specifications for Class - A/ClassB/Class - C are specified and to be complied with.
An sir space of not less than 5 percent of its capacity shall be
kept in each container for petroleum class B and not less than 3
percent of its capacity in each container for petroleum class C.
Empty receptacles shall be securely closed.
No person shall repair by the use of hot work any container until
thoroughly clean from vapour.
Rule 10
Prohibition of employment of children: No child under the age of
18years and no person who is in state of intoxication shall be
employed on the loading, unloading or transport of petroleum
product or in any license premises.
THE PETROLEUM ACT, 1934 (AS AMENDED TILL 1977)AND THE PETROLEUM
RULES, 1976 (AS AMENDED TILL 2002. 16™ September 1934____________________
OBJECT OF THE
ACT_____________
An act to provide the Rules relating to import, transport, storage/
production, refining and blending of petroleum.
ENFORCEMENT
AGENCY_________
CHIEF Controller of Explosives.
RELEVANCE FOR
COMPANY_______
Proper storage, transport and handling of petroleum.
Rule 28
No leaky tank or container containing petroleum shall be
tendered for transport.
KEY DEFINITIONS
Petroleum, Petroleum Class-A, Class-B.Class-C.
Rule 63
DESIGN OF THE
ACT
Chapter I to IV
Chapter I - Control over Petroleum.
Tank vehicle - every tank vehicle used for transport of petroleum
in bulk on land shall be built, tested and maintained as per the
requirements mentioned in the 3rd schedule of these rules and be
of a type approved by CCE.
Section /Rules
Legal provisions/ Requirements
Rule 71
Section 3
No one shall import/transport or store any petroleum save in
accordance with the rules made there under Section 4 of the
Petroleum act, 1934.______________________
Explanation: No license needed for transport or storage of limited
quantities of Class B or C:
Petroleum Class B
If the total quantity in possession at any one place does not
exceed 25001itres and none of it is contained in a receptacle
exceeding lOOOliters in capacity.
Petroleum Class C
If the total quantity in possession at any one place does not
exceed 45, OOOliters and such petroleum is transported or stored
in accordance with the rules under section4.
No license needed for import, transport or storage of small
quantities of Class A:
Petroleum Class A
In case it is not intended for sale and the total quantity in his
possession does not exceed 30 liters.
Petroleum Class A possessed without a license shall be kept in
security stopper receptacles of glass, stoneware or metal which
shall not exceed 1 litre in capacity or in case of receptacles of
metals exceed 25 litres in capacity.____________________________
Specification for Electrical installation in vehicles employed for
transportation specified and to be complied with for pressure of
electrical circuit not to exceed 24volts and for electrical
wiring/junction boxes.
Rule 72, 73, 74
A portable fir extinguisher (10 kg DCP type or equivalent) shall
be provided. Additionally 1 DCP of 1 kg shall be in the driver’s
cabin /vehicles to be constantly attended / no vehical carrying
petroleum shall be parked on a public road /congested area or at
a place within 9 meter from any source of fire.
Rule 75
Obtain license for transportation in bulk of petroleum Classes A
and B by road.
Rule 78
> Precaution against Static Charge or prescribed and to
Section 7 / 8 &
Rule 116
Rule 3
Rule 4
Restriction on delivery and dispatch of petroleum - no person
shall delivery or dispatch petroleum to any one in India other
than the holder of a storage license issued under these rules or
his authorized agents or a port authority or a railway
administration or to a person authorized under the act to store
petroleum without a license.
'
>
>
Approval of containers - Containers exceeding 1 litre in capacity
for petroleum - Class -A and 5 liters in capacity for Class - B or
Class C shall be of a type approved by CCE.
-
be complied with including:
o Petroleum pipelines entering any tank vehicle
loading or unloading area shall be electrically
continuous and be efficiently earthed.
o An earth boss with a flexible cable having robust
clamping device shall be provided adjacent to the
loading point
o Sound and Electrically continuous hoses or metal
pipes.
o The tank, filling pipe and the chassis of the tank
shall during of a tank vehicle shall be efficiently
bonded and connected with the earth boss.
The bonding and earthing connections shall not be
broken until loading of the tank vehicle has een
completed and the filling and dip pipes thereof have'
been securely closed.
Dip road shall be lowered into the tank before loading
operation.Such a road shall not be completely raised
about the liquid level during dr within 1 minute of the
completion of such loading.'
59
58
No tank vehicle shall be loaded at a rate exceeding 1
meter / second at the delivery and of the filling pipeis
completely submerged in petroleum and hereafter the
loading rate may be gradually increased, but it shall
no time exceed 6 meters / second at the delivery of the
________ filling pipe._______________ _____
>
Rule 114
Certificate of electrical installation: Before engineering any
electrical circuit and any electrical apparatus for the first time
and after each repair maintenance or alteration work, a
competent person shall issue a certificate of electrical
installation under his signature to the effect that the circuit and
the apparatus have the safe characteristics as per their approval.
Rule 148
Obtain renewal of license before expiry.
Rule 200
Notice of Accident: In case of loss of life or
-----person or a property. Occupier to report accidents toCCE and
other authorities during handling, transportation, storage filbnc
of gas cylinders in case of loss of human life or serious injury tQ8
human life or property.
mjury to
a) Chief Controller of Explosives of the area through telegranhic
h“
3
SiVIne Part‘CUlarS °f th= occurrence
~~
Rule 116
Obtain license for storage except the exemption granted under
section 7, 87 and 9 and comply license conditions.
Rule 117, 118.119,
120
Precautions on fire - no person shall smoke in any installation
/storage shed/service station/no fire/furnace or other
combustion source in the license premises/adequate number of
fire extinguisher or DCP type/supervision of operations by
experienced supervisor and conversant with the license
conditions/cleanliness of installation or storage shed to be
maintained / drainage in the enclosure to be provided.
b) District Magistrate.
c) Officer In-charge of the Police Station.
No wreckage and debris shall touch except for rescue of
r*C°Veiy °f thC b°dieS °f the Persons / restoration of
me iramc.
THE NOISE POLLUTION (REGULATION & CONTROL) RULES
, 2000
Section / Rules
Legal Provision / Requirements
Rule 4 (1)
The noise level in any area / zone sLcdl,
shall not exceed the ambient
air quality standards in respect of ----noise
e as specified in the
Schedule.
Rule 4 (2)
Authorities shall be responsible for enforcement of Noise
Rule 121 / 122
The protected area surrounding any instaUation and storage
shed shall have a wall or fence of at least 1.8 meter in the height
/only petroleum to be stored in the license premises.
PolIutl°n Control Measure and the due compliance with above
Sumaaras.
"
-------------------
Note:
Rule 123
The capacity in liters of kiloliters of every tank in an installation
shall be conspicuously marked on the tank.
Rule 124
Construction specification of the tank are specified: An air space
of not less than five percent of the total capacity’ of the tank or
the space prescribed in the code or specification, whichever is
less shall be kept in each tank.
Rule 125
Testing of Tanks: All storage tanks before being put into use
shall be tested with water pressure by a competent person. The
competent person shall issue a Certificate of Tank Testing in the
prescribed Performa.
Rule 127/128
Specification for Earthing are prescribed. The resistance to earth
shall not exceed 7 and the resistance to any part of the fitting to
the earth plate or to any other part of fitting shall not exceed 2.
Rule 129
No installation or shed shall be open to work between sun set
and sun rise.
Rule 130
Certificate to Safety: Competent person shall issue a certificate of
safety in the prescribed format before any installation is used for
storage of petroleum product.
Area Code
Rule 131
Obtain prior approval of. specification and plans of premises
proposed to be licensed for storage.
(A) Industrial area
Rule 144
Rule 146 /147
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Silence zone is an area comprising not less than 100
hospitals cdudatronal institutions, courts, religious places meters around
or any other area
which is declared as such by the competent authority.
4. Mixed categories of areas
areas may
may be
declared as one of the four above
be declared
mentioned categories by the competent authority.
5- *dB(A) Leq, denotes the time weighted average of the level of
sound in
decibels on scale A which is relatable to human hearing.
6. A decibel” is a unit in which noise is measured.
7' nliscan! lorr^nondT'fthe
Weighting “ thc measurement of
^oise and corresponds to frequency response characteristics of the human
5. Leq . It is an energy
energy mean
mean of
of the
the noise
noise level
level over
over a
a specified
specified period.
period.
Ambient Air Quality Standards in respect of Noise
(B) Commercial Area
Obtain no objection certificate from district authority for the
purpose of.license for storage purposes.
(C) Residential Area
Prior approval necessaiy for alteration in the license premises"/
amendment of license.
(D) Silence Zone
Categoiy of Area /ZoneLimits in dB(A) Leq*
Day time
Night time
73
70
65
55
55
45
50
40
u
60
Note:
1. Day time shall mean from 6.oo a.m. to 10.00 p.m.
r
61
Warning Instruction: Every gas cylinder to have mandatory
warning cylinder pasted on every cylinder namely
-Do not change the colour of the cylinder.
-This cylinder should not be filled with any gas other than
one it now contains.
-No flammable materials should be stored in the close
vicinity of this cylinder or in the same room in which it is
kept.
2. Night time shall mean fron 10.00 am to 6.00 p.m.
3.Silence zone in an area comprising not less than 100 meters around
hospitals, educational institutions, courts, religious places or any other area which
is declared a such by the competent authority.
4.Mixed categories of areas may be declared as one of the four above
-Please look for the next date of test, which is marked on a
metal ring inserted between the valve and next of the
cylinder and if this date is over, do not accept the cylinder
for filling.
- No oil Similar lubricant should be used on the
walls/fittings.
mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels
on scale A which is relatable to human hearing.
A “decibel” is a unit in which noise is measured.
Rule 11
No person shall repair or cost to repair any leakage in the
body of seamless gas cylinder.
Rule 12
Welded or brazed cylinder showing leaks at any place other
than the welded or brazed seams shall not be required and
shall be unserviceable.
Rule 13
No child under the age of 18 years and no person who is in
the stage of intoxication shall be employed n loading and
unloading operation.
Rule 14
Prohibition on smoking, fire lights, and dangerous
operations in gas cylinder storage areas.
Rule 15 / 18/21
General Precautions for proper storage, handling, use
prohibition on heat treatment, application of oil on the
valves, exposure to sun are flammable material etc. or
prohibited.
Guid slines for proper handling , storage and use of gas
cylinders:
Cylinder shall be stored in a cool, dry, well-ventilated place
under cover away from boilers, open flames, steam pipes or
any other source of heat.
Storage room shall be of fire-resistance construction.
Thin wall cylinders such as LPG gas cylinder and dissloved
gas cylinders shall not stacked in a horizontal position.
Cylinders containing flammable and toxic gases shall be kept
separated from each other and from cylinders containing
other types of gases by an adequate distance or by a suitable
partition wdll.
Cylinders shall not be stored under any condition which will
cause corrosion.
Cylinders shall not be stored along with any combustible
material.
; \
“A”, in dB(A) Leq, denotes the frequency weighting in the measurement of noise
and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level over a specified period.
GAS CYLINDER RULES, 2004
21st September' 2004
OBJECT OF THE
RULES
Gas Cylinder Safety during filling, possession , transport,
use and handling.
_____________
ENFORCEMENT
AGENCY_________
Chief Controller of Explosives.
RELEVANCE FOR
COMPANY_______
Compressed Gas Cylinder Safety requirements.
KEY DEFINITIONS
Compressed Gas , Critical temperature , dissolved acetylene
cylinder , dissloved gas , flammable gas , Gas cylinder ,
poisonous gas , working pressure for permanent gas ,
working pressure for low pressure
liquefiable gas._____________________
DESIGN OF THE
RULES
Chapter I to Chapter VIII
Chapter IV - Filing and Possession
PENALTY for
Contravention of Any
Provision of the Act/
Rules/Orders/Directions
Contravention of conditions of the license.
Punishment with imprisonment which may extend to 3 years
or with fine which may extend to Rs.5, 000 or both.
Section /Rules
Legal Provision ?Requirements_____________________________
Rule 3 to 7
Provision related to specifications for walls , safety relief
devices , marking on cylinders / walls._______________
Rule8
Identification of color: Every gas cylinder to confirm specified
color coding as per :
-IS 4379 for industrial gas cylinder and
-IS 3933 for medical cylinders.■
Rule 9 (1) and (2)
Every cylinder shall be labeled with the name of the gas,
name and address of the person by whom the cylinder was
filed.
Empty cylinders shall be segregated from the filled-ones.
All electrical installations in storage area shall be flame-proof
construction.
Sliding, dropping or playing with cylinders is prohibited.
Welded cylinder shall not be used for filling for any
permanent or high - pressure liquefiable or highly toxic gas.
1
62
Rule 20
Rule 22
No person shall fill any cylinder with any compressed gas
unless the cylinder has been examined and subjected to
hydrostatic stretch test, as the case may be
The cylinders shall not be allowed to fall upon one another
Provide warning stickers to every cylinder containing
permanent or liquefiable gas
Color coding to be followed as per IS 4379 for industrial
cylinders and IS 393 for medical cylinders.
Valves fitted with gas cylinders shall comply with prescribed
IS standards
Cylinders containing obnoxious or poisonous Gases shall not
be provided with any safety device.
Cylinders filled with any compressed gas sfiall be
transported duly complying with the provisions as per
Schedule VI transport of cylinders.
Electrical Installation
In premises for filling and storing flammable gases in
cylinders all electric matters , distribution boards, switches ,
fues , plugs and sockets , all electric fittings , fixed laps
.portable hand lamps and motors , shall be flame proof
construction conforming to IS - 2148 or such other
specification as approved by the Chief Controller and shall
be effectively earthed.
Rule 24
A cylinder exposed to fire shall not be used unless it has
undergone proper examination and hydrostatic stretch test.
Rule 26
Re - testing of Cylinders
A cylinder for which prescribed periodical re-test has become
due shall not be charged and transported until such re-test
has been properly made.
Rule 27
Owners Record
The owner of a cylinder shall keep for the life of each
cylinder, a record containing the following information
regarding each cylinder , namely:
cylinder manufacturers name and the rotation number;
The specification number to which the cylinder is
manufactured;
Date of original hydrostatic test or hydrostatic stretch test;
Cylinder manufacturers test and inspection certificates;
Number and date of letter of approval granted by the Chief
controller.
Rule 29
Prior License for Import of Gas Cylinders
Rule 35
Periodicity of Examination and testing of Cylinders for
hydrostatic test or hydrostatic stretch test as per IS 8868.
Rule 37 to 42
Provisions related to dissolved Acetylene Gas Cylinders.
Rule 43 / 44
Requirement for Gas Cylinder License for filling and
possession of Gas Cylinders
No license needed for transport.
No license is needed for possession of cylinders filled with
63
License shall be responsible for all operations connected wiST
me iilling &> possession in the license premises.
Rule 47 /49/50/53-58
Obtain prior approval of specifications and plans /license /
alteration of license premises / renewal of license before
expiry.
Rule 67
Accident Reporting: Notice of Accident, in case of loss of
uman life of serious injury to persons or property due to
accident by explosion or fire
Chief Controller in case of loss of human life serious injury
to human life or property within 24 hours.
To the District Magistrate concerned.
Office In charge of nearest Police Station.
Leave all wreckage and debris untouched except a removal of
—------------ bodies of any person killed or rescue of persons injured.
i
No license for filling and possession is needed, when
~
Liquefied petroleum
gas
When the total quantity of gas do<>es not exceed 100kg at a
time.
Any other flammable
but non-toxic gas
When the total number of cylinders containing such gas does
not exceed 25 or the total weight of gas does not exceed 200
kg, whichever is less at a time?
Any non-flammable ,
non-toxic gas
When a total mlumber ot cylinders does not exceed 200 at a
time.
Any toxic gas
When a total quantity of such gas does not exceed 5 at a
time.
Acetylene gas
When the total quantity of such cylinders does not exceed 50
contained in cylinders
at a time.
in dissolved state
^AS CYLINDER RULES, 2004
Rules
Legal Provision /Requirements
Rule 47 /
49/50
/53-5S
Obtain poor approval of specifications and plans / application and grant
/ renewal of license /pri<ior approval necessary for alteration of license
premises.
Rule 59
Rule 67
^-condition/
Notice of Accident: In case of loss of Me or serious injury to a person or a
property .Occupier to report accidents to CCE and other authorities
during handling , transportation , storage , filling of gas cylinders in case
ot loss of human life or serious injury to human life or property.
a) Chief Controller of Explosives of the area through telegraphic message
/ e-mail (explosives @ explosives .gov.in) followed by a letter giving
particulars of the occurrence within 24 hours.
b) District Magistrate.
c) Officer In-charge of the Police station.
No wreckage and debris shall touch except for rescue of persons/
recovery of the bodies of the persons / restoration of traffic.
64
65
FLAMMABLE CHEMICALS
THE MANUFACTURE, STORAGE AND IMPORT OD HAZARDOUS CHEMICAL RULES
/ AMENDMENT RULES, 1989/1994/2000 5th December, 1989
OBJECT OF THE RULES
Safe Guards with respect to handling of hazardous
substances.
ENFORCEMENT
AGENCY
Designated authorities are defined in Schedule 5.
Isolated storage - Central/ State Pollution Control Board.
Industrial installations and isolated storage covered under
the Factories Act, 1948 - Chief inspector of Factories.
Industrial installations and isolated storage dealing with
hazardous chemicals and pipelines - Chief Controller of
Explosives.
RELEVANCE FOR
COMPANY
Manufacturing, storage and import qf hazardous chemicals
in accordance with our Rules.
KEY DEFINITIONS
Hazardous Chemicals, Major Accidents , Major Accident
Hazard installations (MAH), Threshold quantity , isolated
Storage.
DESIGN OF THE RULES
Rule 1 to Rule 20.
PENALTY for
contravention of any
Provision of the
Act/ Rules / Orders/ Direc
tions
Imprisonment for a term which may extend to five years
with fine which may extend to Rs. 1.00 lac or with both.
Additional penalty for continuing contravention.
Flammable gases
Gases at 20 C and SP 101.3 KP a which are:
~
a) ignitable when in a mixture of 13% or less by volume with air.
)haye a flammable range with air of at least 12 percentage
points regardless of the lower flammable limits.
Extremely
flammable liquids
Chemicals having bofling point (BP) <35 C and flash point (EP)
Very high
flammable liquids
Chemicals having FP < 23 C and Initial BP > 35 C
Highly flammable
Chemicals having FP < 60 C but > 23 C
Flammable liquids
Chemicals with FP >60 C but 90. C
EXPLOSIVE CHEMICALS
------------It is defined as a Solid or Liquid or a Mixture of Substances
or an Article,
Which is in itself capable by chemical
reaction of producing gas at such a
temperature and pressure and at such
a speed as to cause damage to the
surroundings,
a comh11^
tO Pr°dUCe “
r”u"
by hCat ’ '1Rht ’ SOUnd • g- or smoke or
"”d“' -
PRINCIPLE SCHEDULES
HAZARDOUS CHEMICALS - DEFINITIONS 2 (e)
"HAZARDOUS CHEMICAL" Means:
1. Any chemical which satisfies any of the criteria laid down in
Part 1 of (Schedule 1 ) or
Listed in Column 2 of Part II of this Schedule.
Part 1 Schedule 1
Indicative criteria listed (toxicity /inflammability /
explosiveness)
Part 2 Schedule 1
List of hazardous and toxic chemicals (684 chemicals)
Schedule 2 Part 1
Schedule 3
SSI"pS"'30
2. Any chemical listed in Column 2 of Schedule 2.
■■ *3
3. Any chemical listed in Column 2 of Schedule 3.
TOXIC CHEMICALS
Chemicals having the following values of acute toxicity and which owing to
their physical and chemical properties are capable of producing major accident
hazards:
Oral LD 50
(mg/kg)
Toxicity
Dermal LD50
(mg/kg)
Inhalation LC50
(mg/1)
Extremely toxic
<5
<40
<0.5
Highly toxic
>5-50
>40-200
>0.5-2.0
Toxic
>50-200
>200-1000
>2-10
Part 2 Schedule 3
Group 5 flammable chemicals
(Flammable Gases / Extremely Flammable Liquids / Highly
ammabie Liquids , which remain liquid under pressure,
Highly Flammable Liquids, Flammable Liquids)
Schedule 4
Installations for production use processing or treatment of
organic or inorganic chemicals ( 6 types of installations listed)
LEVELS OF CONTROL
Low level controls
| Irrespective of threshold
| quantity of hazardous
chemicals involved
Medium level controls
Applicability (Rule 5, 7 to
9 and 13 to 15 ) in
addition to low level and
high level control^ in
addition to low level
controls
-
1
Quantity of hazardous
chemicals involved
Is equal to or more than
Column 3 of Schedule 2
Is equal to more than
Column 3 of Schedule 3
Non MAH Unit installation
Medium Hazard MAH
Installation.
66
67
High level controls
Applicability (Rule 10 to
12) in addition to low level
and high level controls
Quantity of hazardous
chemicals involved
Is equal to or more than
Column 4 of Schedule 2
Is equal to or more than
Column 4 of Schedule 3
High Hazard MAH
Installation.
MEDIUM LEVEL COUTEOLS «„
CHEMICALS
2
Rule 7 (1)
Major Accident Hazard Installation - Means isolated storage (Schedule 2) and
con™ authonty at least 3 “ X6 c‘“Vtl™,.
industrial activity at a site handling (Schedule 3 ) (including transport through
carrier / pipeline) of hazardous chemicals equal to or in excess of threshold
Rule 8
quantities specified in column 3 of Schedule 2 and 3 respectively
Rule 13
ISOLATED STORAGE- DEFINITIONS 2 (I)
"ISOLATED STORAGE":
Means storage of a hazardous chemical, other than storage associated with an
installation on the same site specified in Schedule 4 where that storage involves at
least the quantities of that chemical set our in Schedule 2.
LOW LEVEL CONTROL
APPLICABLITY - INDUTRIAL ACTIVITY INVOLVING HAZARDOUS CHEMICALS
FALLING IN PRT I OR PARTVII OF SCHEDULE I.
Rule 4 (2) a
Evidence to identify major accident hazards.
Rule 4 (2) b
Adequate Steps to prevent such major accidents limit their
consequence and provide persons working on the site information, training and equipment.
Rule 5
Notification of Major Accident within 48 hours to the concerned
authority (Schedule 5)
Involving loss of life inside or outside of the installation
Are 10 or more injurious inside and / or one of more injurious
outside.
Are releases of toxic chemicals or Explosion or Fire or spillage of
hazardous chemical resulting in on - site or off-site emergencies
or Damaged equipment leading to stoppage of processes or
adverse effects to the environment.
Rule 17 (2)
Obtain or develop safety sheets as specified in Schedule 9.
Rule 17 (4)
Label every container safety data sheets as specified information.
Rule 18
Follow specified procedure for import
Informed prescribed authorities before 30 days or as reasonably
practicable but not later than.
Maintain the record of import in Schedule 10.
Rule 18 (6)
Ensure transport as per Motor Vehicle Act 1988 in case involved
in import.
concerned TrnhoX'^dtoeTy0”1115
r€P°rt tO the
Rule 14
Rule 15
commencement of theaXIt^about6^0"5 ’“h16 t0 be affected before
The nature of major accident hazards
-------------------PR MORE THAN COLUMN 4 OF SCHFRUI F 2)
Rule 10 (1)
(iTeTulTsVi^^
Commencing industrial activity
Rule 10 (4) & (5)
Rule 10 (6)
INDIAN BOILER ACT. 1923/ INDIAN BOILER
REGULATIONS, 1950
Indian Boiler Act, 1923
OBJECT OF
THE ART
Law related to Steam boiler
ENFORCEMENT
AGENCY
Chief Inspector of boiler
RELEVANCE
FOR COMPANY
Registration, Inspection & Operation of Steam
KEY
DEFINITIONS
Accident, economizer, Owner
DESIGN OF
THE ACT
Section 1 to Section 35 Section 7 - Registration
toilers.
H
68
INDIAN BOILER ACT, 1923 / INDIAN BOILER REGULATIONS, 1950
Section /
Rules
Legal Provision/ Requirements
Section 7
Owner to obtain registration of the boiler
Inspector to provide 10 days notice of examination of boiler
Chief Inspector to register the boiler and assign a registration
number/ refuse to register the boiler
Chief Inspector to issue certificate of registration for a period not
exceeding 12 months at a pressure not exceeding the maximum
pressure
___________________________________________
Owner to obtain Renewal of registration before the expiry of the
period
Certificate of registration shall cease when any accident occurs to the
boiler
_________________________________
When the period of the certificate relating boiler has expired the
owner shell the entitled to use the boiler at the maximum pressure
[as entered in the former certificate ] provided he has applied for
renewal before the expiry_________________________________________
Section 8
Section 10
i'
69
ACT
Chapter -V - Prevention and Control of Air Pollution
Chapter - VI - Penalties and Procedures.
Section /
Rules
Legal Provision / Requirements
Section 21
AP+Pw atu°n f°r consent to establish (before taking any step for
es a is ing any plant causing emission of Air Pollutants) in the
prescribed F”™ ' °f
State PoIlution Contro1 Board along with
Section 21
Application for consent to operate (before commissioning of the facility
having source of Air Pollution of the establishment) in the orescribed
Form 1 of the State Pollution Control Board along with the prescribed
Application for renewal of consent to operate before its expiry in the
prescribed feTm 1
P°11UtiOn Contro1 Board alo,‘S with the
Submit fresh Application for consent to Establish in case of alteration in
any control equipment or chimney.
Section 22
Section 12
No structural alteration, addition or renewal shall be made in unless
sanction has been obtain and writing_________________________
Section 13
Owner to submit a report in writing of his intention to make any
structural alteration, addition or renewal to any steam pipe attached
to the boiler and submit particular_________________________________
Section 22
A
Section 14
Duty of owner to provide information as required by Inspector
Section 23
Section 17
Power of Entry_______
Report of accident - if any accident occurs to a boiler or steam pipe,
the owner or person in charge shall within 24 hours report the
accident in writing to Inspector
Appeal to chief inspector of Appellate authority in case of grievance
against order.______________________________________
Furnishing of Information to State Pofiution Control Boards and other
agencies m certam cases (district collector, health officer, municipal
local body, nearest police station in case of emission in excess of
standards occurs or likely to occur due to accident or other unforeseen
act or event.
Section 24
& 25
To allow entry of SPCB for inspection purposes & provide information
tor the purpose o enforcement o the Act / Rules.
Section 26
SPCB to take samples from any chimney, dust, or any other outlet.
The results of the analysis shall not be divisible as an evidence in legal
proceedings unless complied the specific procedure (legal sampling).
Section 18
Section 19/20
THE AIR (PREVENTION AND CONTROL OF POLLUTION ACT, 1981
AND THE AIR (PREVENTION AND CONTROL OF POLLUTION RULES, 1982, 1975)
Persons operating any industrial plant not to discharge / permit
emission of air pollutants in excess of the prescribed emission
standards w.r.t different sources of emissions in the establishment.
!fCi?nOtmake application to court for ^straining persons from causing
ait rouution.
OBJECT OF THE
ACT
An act to provide for the prevention, control and abatement of air
pollution, for the establishment, with a view to carrying out the
aforesaid purposes, of boards, for conferring and assigning
powers / functions of these boards.________________________
Section 31
Appeal in case of not agreeing to any condition of the order made by the
State Pollution Control Board within 30 days from the date of
communication of the order.
Appeal to appellate authority in prescribed Form and with Fee.
ENFORCEMENT
AGENCY
State Pollution Control Board.
Section 31A
RELEVANCE FOR
COMPANY
Restriction on establishment or operation of any industrial plant
in an Air
Pollution Control Area.
Not to allow emission of Air Pollutants in excess of the standards
laid down by State Boards._______________________________
Board may provide directions in writing to any person, officer or
authority and the same shall be binding for compliance.
The closure, prohibition or regulation of any industry, operation or
process ; or
The stoppage or regulation of supply of electricity, water or any other
services.
- }:
KEY DEFINITIONS
Occupier / Air Pollutant / Air Pollution / Chimney / Emission
/Industrial Plant.
DESIGN OF THE
Chapter -I to Chapter-VII_________________________________
Opportunity of hearing for not less than 15 days from the date of
services of the notice to file objections against the proposed directions.
Board to decide within 45 days from the date of receipt of objections.
Board may not provide opportunity of hearing for reasons to be recorded
in writing.
H
70
71
Section 37
/38 / 39
Penalty in case of not obtaining the previous consent of the Board or
tesTthtTl'T? 5
°f Prescribed standards - mprisonment not
----------’------ - year and si* month and extended upto 06 years with fine
PROCEDURE FOR LEGAL SAMPLING (UNDER SECTION 26 (3) & (4)--------------------- ~
SPCB Officer to serve a notice to occupier or s agent, then and their in
prescribed form (Notice of Intention to have sample analyzed).
out the purposes aforesaid of boards for
prevention control of water pollution and
powers / functions of these boards.
ENFORCEMENT AGENCY
State Pollution Control Boards/ Pollution
Control Committees.
RELEVANCE FOR COMPANY
th
delay COntainer t0 the laboratory established or recognized by
the State Board or, if a request is made by the occupier or his agent when the
Restriction on new outlets and new
discharges.
• Prohibition on use of stream or well for
disposal of polluting matter not in
accordance with prescribed standards.
KEY DEFINITIONS
notice is served on him as above to the laboratory established / specified by the
State Government for the purpose
Occupier/ Outlet / Pollution / Sewage
effluent /Trade effluent / Sewer
DESIGN OF THE ACT
l"
abSent °f thC °CCUpier ” hiS agent at the
“I taking
P‘e’ ‘ B s*aU send *0 sample without delay to the laboratory established or
specified by the State Government Appointed Analyst about willful absent or refusal
to sign tne contamer.
Section /
Rules
In the presence of occupier or his agent, collect a sample for analysis.
Sample to be kept n a container, marked, sealed and signed by both.
Chapter - I to Chapter - VIII
Chapter - V - Prevention and Control of
Water Pollution
Chapter - VI - Penalties and Procedures.
Legal Provision /Requirements
CPCRG/'q^RentfaPrOinted analySt tO SUbmit the report in the prescribed Form to
Section 20
Power to obtain information
chub / bPCB m triplicate
Section 21/
22
Power to take samples of effluents.
Form any stream / well / samples of sewage / samples of trade
effluent.
Adminisability in the court of law as an evidence subject to specified
procedures (legal sampling).
SPCB to send one copy of the report to occupier or his agent / second copy to
produced in court of law and third copy retained by CPCB / SPCB.
In case of sample sent to State Government established / specified laboratory
the government analyst to submit the report in triphcate as above.
SECTION 21 - Restriction on Establishment / Operation of any Industrial
Plant in an Air Pollution Control Area.
J nuusinai
Section 23
Allow entry to Pollution Control Board Officials into the premises.
Section 24
Not to knowingly cause or permit discharge of any polluting manner
not in accordance with prescribed standards by State Pollution
Control Board (directiy or in-directly) into any stream or well or
sewer on land.
Section 25
Restriction on New Outlets and New Discharges
Application for Consent to establish (CFE) in the prescribed of the
State Pollution Control Board along with prescribed fee before taking
any step for
Establishing any premises, operation or process, any treatment or
disposable system or
An extension or addition in above which is likely to discharge sewage
or trade effluent.
Bring into use any new,or altered outiet for the discharge of sewage
Application for consent to establish 1before
'
taking any step to establish any
industrial plant (having source of emission of Air Pollutantsf.
Application for consent to operate prior to operation of industrial plant.
Applications m prescribed Forms and submitted with prescribed Fee.
State Board may make inquiry in respect of the application submitted
following due procedures(Serving of notice for consent inquiry Z site 4“
State Board to grant the consent imposing conditions and for specified period
within four months after the receipt of the application.
Industry to comply with consent conditions.
Industry to be provided reasonable opportunity of hearing before
canceling a
consent or refusing of further consent.
™e
OBJECT OF THE ACT
An act to provide for prevention & control
of water pollution and the maintaining or
re-storing of wholesomeness of water, for
the establishment with a view to carrying
Begin to make any new discharge of sewage.
Occupier to comply with stipulated consent conditions.
Section 25 and
Rule 31
Application for Consent to Operate (CFO) (before cohimissioning the
facility of the company) in the prescribed Form 1 of the State
Pollution Control Board along with the prescribed fee. Occupier to
comply with stipulated consent conditions.
Application for renewal of consent to operate before its expiry in the
prescribed Form 1 of the State Pollution Control Board along with
the prescribed fee.
IF
72
Submit fresh Application for Consent to establish and, operate, in
case of new discharges / altered outlets resulting in increase in
effluent quality composition volume, rate of discharge, temperature.
Section 27
Section 28
Refusal or withdrawal of consent by State Board
State Board may review time to time the conditions imposed under
consent to establish / operate and may serve a notice for making any
variation or revoking such conditions.
State Board may refuse grant of such consents.
Any person aggrieved by an consent order may Appeal within 30
days to Appellate authority following specified procedure (Form &
Appellate authority to provide opportunity of hearing to both.
Section 31
Section 33
Furnishing of information to State Pollution Control Board and other
agencies in certain cases (district collector, health officer, municipal
local body, nearest police station in case of severe water pollution
occurred or likely to occur due to accident or any other unforeseen
act / event).
Power of Boards to make application to
courts for restraining apprehended pollution
PROCEDURE FOR LEGAL SAMPLING (UNDER SECTION 21 (3), (4), & (5))
SPCB Officer to serve a notice to occupier or his agent, then and their in
prescribed form (Notice of intention to have sample analyzed).
In the presence of occupier or his agent, divide the sample into two parts.
Each to be placed in a container marked and sealed and shall also be signed
by both.
Send one container to the laboratoiy established or recognized by SPCB as the
case may be.
On the request of the occupier or his agent send the second container to the
laboratoiy established or specified by Central Government / State Government as
the case may be.
In case of willful absent of the occupier or his agent, SPCB the sample sealed,
marked signed in a container shall be sent to laboratoiy established or recognized
by the SPCB and inform the government appointed analyst about the willful
absence of the occupier or his agent.
73
In case of sample sent to Central Government/State Government established/
specified laboratory, the movement analyst to submit the report in triplicate as
above.
In case of any inconsistency or <discrepancy
”
between, or variation in the
results, the analysis carried out, the report of latter shall be prevail.
SECTION 25 - RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES
Application for consent to establish before taking any step to establish
any
mdustry, operation or process or any treatment and disposal system or
an
extension or addition which is likely to discharge sewage or trade effluent.
Application for consent to operate prior to bring into use any new or altered
outlet for discharge of sewage or begin to*make any new discharge of sewage.
Applications in prescribed Forms and submitted with prescribed Fee.
State Board may make inquiry in respect of the application submitted
following due procedure (serving of notice for consent inquiry and site inspection)
State Board to :
Grant consent imposing conditions.
Consents will be valid for specified time.
Conditions are blinding.
Refuse such consents for reasons to be recorded in writing.
Maintain consent register.
DEEMED CONSENT
Consent shall be deemed to 1have been given unconditionally on the expiiy of
the period of 04 months of the making of
an application complete in all respect to
State Board.
Complete in all respect
The determination of fulfillment of this term lies in objective assessment of the
information asked for (in the application form ) and information accordingly
provided by the applicant on the parameters of appropriateness, adequacy and
correctness i.e. not the suppression / misrepresentation / concealment of the fact
In case, the information provided by the applicant does not fulfill the above
In case of notice served, however no request for dividing the sample into two
paxts at the time of taking the sample, the sample shall be placed in container,
marked, sealed and signed by the person taking the sample and shall be sent to the
laboratoiy established / recognized by SPCB as the case may be.
criteria and the same can be justified by objective / verifiable evidence, the
application may be held (not
in all respect) and accordingly, the benefit of
the above provision may be determmed as invalid.
Government appointed analyst to submit the report in the prescribed form to
SPCB in triplicate.
(PROTECTION) RULES, 1986
OBJECT OF THE ACT
CPCB / SPCB to send one copy of the report to the occupier or his agent /
second copy to be produced in court of law and third copy retained by SPCB.
An act to provide for the protection and
improvement of environment.
ENFORCEMENT AGENCY
Ministry of Environment & Forest, Govt, of India .
SfetePolhrtion Control Board.
/
1986 AND THE environment
/
74
RELEVANCE FOR COMPANY
75
Prior permission from MoEF for setting up any
industry / modernization / expansion of existing
industry, if following under the prescribed Schedule
/ of the Act.
Hazardous Chemical /Hazardous Waste
Management .
Not to cause emission / discharge of an effluent in
excess of the prescribed standard.
Submission of environmental statement.
------- —----------------------------- e-----------------
KEY DEFINITIONS
Environment / Environmental Pollutant / Handling
/ Hazardous Substance / Occupier.
DESIGN OF THE ACT
Chapter -I to Chapter -IV
Chapter -III - Prevention, Control and Abatement of
Environmental Pollution
Chapter -III (15) - Penalties.
PENALTY for Contravention of
Any Provision of the Act/ Rules
I Orders/ Directions
Imprisonment for a term which may extend to five
years with fine which may extend to Rs. 1.00 lac or
with both.
Additional penalty for continuing contravention.
Section / Rules
Legal Provision / Requirements
Section 5
MoEF may issue the following directions in writing :
The closure, prohibition or regulation of any industry, operation
or process, or
Stoppage or regulation of the supply of electricity or water or any
other services.
Compulsion to comply with these directions.
Opportunity of filling objections of not less than 15 days from the
date o service of the notice.
MoEF to confirm, modify or decide not to issue the proposed
directions within 45 days from the receipt of the objections.
Section 6 of EPA,
1986 Rule 5 of
the Environment
Protection Rule,
1986 and Rules
& ElA Notification
s.o. 801 (E) of
July 2004
MoEF to make Rules for protection and improvement of
environment.
Prohibition and restriction on location of industries and carrying
on processes and operations in different areas.
Occupier to comply with stipulated environmental clearance
conditions.
Section 7
Industry operation or process not to emit or discharge of
environmental pollutants in excess of the prescribed standards (as
specified in Schedule I to VI).
The State Boards may specify more stringent standards.
Standards for emission / discharge of environmental pollutants
shall be complied within a period of 01 year (Central Government
/ State Board ay notify lesser period for compliance.
The combined effect of emission or discharge of environmental
pollutants in an area shall not be permitted to exceed the relevant
concentration in an ambient air as specified in Schedule VII.
Section 9
/ unforeseen act^XXd shall h'0^
mitigate the enwron^ntXlX
‘O
aCCldt:nt
Section 10
Section 11
Section 12
^i^ng °f ^Ormation t0 authorities incertain cases where
qtannZ a3186 Of
P°llutants m excess of the prescribed
o“uXUX°nl:t“
tO OCCUr due t0
S::
f°r
“°t
«nS.
Environment
Protection Rule,
1992-1993
Submit Environmental Statement to the State Pollution Control “
forThe
lastr
PreSC1bed Form
F°rm V befoi
bef°re 30a’ September e7e ”X
Board ’in
the prescribed
lor tne last
financial
year.
------------- ---------year.
PROCEDURE FOR LEGAL SAMPLING
_
UNDER SETION 11 (3) &(4)
(Nori ° rT a notice
nOtlCe to
tO occupier
°CCUpier °r hiS agent’ then and
™ Prescribed
form
(Notice of intention to have sample analyzed).
In the presence of occupier or his agent, collect a sample for analysis
Sample to be kept in a container, marked, sealed and signed by both
In case of willful absent of the c
occupier or his agent at the time of taking
sample, send the sample without delay
hv
n 4- 1
‘
----- 'jT to ti16 lab°ratory established or recognized
MoEFG:'“XaPPOmted
tO SUbmit the rePOrt in ,he Prescnbed
to
MoEF to send one copy of the report to occupier or his agent / second copy to
be produced in court of law and thtrd copy retained by MoEF/ authorized
representative.
V
Revision points and Summary
The Indian Electricity act and rules is
more common rule and is applicable for
all types of industries small, medium
or large, It provides the safety requirements
required to mandatory to comply.
M
76
Contractor labor act and rules related, states the various obligations need to
be met in any industry7
Static and mobile pressure vessels unfired rules explain the requirement to be
adhered to in installing the chemical storages above 1000 liters capacity, this
chapter has been structured mentioning the key requirements, the IS (Indian
Standard) design code that need to be followed in constructing the pressure vessel,
the relief fitting requirement, the need and the absolute requirement to be followed
in case of any modification done on vessel. The notification requirement in case on
any incident or accident ion the licensed premises etc
Gas cylinder rules covers the provisions and explain the need for licensing the
enforcement agency the definition of gas cylinder under the act (exceeding 500 ml
and not exceeding 1000 liters water capacity and notification and licensing
requirement
Manufacture storage and import of hazardous chemicals rules mentions the
684 list of chemicals covered, the toxicity and classification as toxic, highly toxic
and the values associated with Inhalation, Skin absorption and oral value. It also
specifies the requirement to inform pollution control board and Director General
foreign trade 30 days before import of any dangerous chemicals specified in list or
falling within the values of toxicity boiling point and flashpoint specified under the
rules.
r
77
Je?u,,7ements “ Setting up a Textile industry which handles
trade effluent of 100 KL per day
y
Handles
7. What are the requirements to be met to set up a Diesel generator set of
greater than 2 mega watt capacity
8. Explain Ambient air quality standards. Explain the test method involved in
sampling measurement, and analysis.
4.4 Suggested readings
1. Factories Act 1948 and Tamilnadu factories rules
2. Indian Boiler Act 1923
3. Environment protection act 1986
4. Static and mobile pressure vessel ( Unfired ) rules
5. Gas cylinder rules
6. Indian Electricity Act and rules
.7. Contractor Labour act
4.5 Glossary
“ISOLATED STORAGE”:
Means storage of a hazardous chemical, other than storage associated with an
installation on the same site specified in Schedule 4 where that storage involves at
least the quantities of that chemical set our in Schedule 2.
MSIHC also states the need to have emergency plan and procedure for such
installation.
Noise regulation states the need of noise level permitted in Industrial
Residential area, Hospital area etc it also indicates the values that need to be
maintained during day time and night time.
Indian Boiler act and rules states that any vessel generating steam of greater
than 22.4 litres water capacity will be considered as boiler and it must be registered
and need license and inspection at regular intervals.
Modification if any carried out need to be informed and then inspected by
authorities concerned.
4.3 Assignment
.
i;
1. Prepare a compliance checklist for a medium sized engineering industry
having 200 employees and 100 contract employees. The company has two
steam generators and three Boilers and they also handle chemical for spray
r»d?T»tir»a
annliratinri
painting application
2. 1Explain the requirement of License for Liquid LPG storage of 15 Kilo litres
Capacity and 150 number of LPG cylinders
3. Explain which rule will be applicable for importing Dangerous chemical and
what procedure need to be followed?
4. Define Boiler? State the requirement for Boiler operation in an Industry?
5. What are the requirements prescribed for Noise?
I
' I
78
79
UNIT -V
5.0 INTRODUCTION
Economics of Safety - Financial costs to Individual and Family, organization
and society Comptlabon procedure, utility and limitations of cost data - Budgeting
for safety, role of trade unions in Safety
Occupational injury and illness are matters of health, but they are also
matters of economtcs, since they stem from work, and work is an economic activity
The economic perspective on occupational safety and health (OSH) encompasses
both causes and consequences: the role of economic factors in the etiology of
workplace ill-health and the effects this has on the economic prospects for workers
enterprises, nations, and the world as a whole. It is therefore a very broad
perspective, but it is not complete, because neither the causation nor the human
significance of OSH can be reduced to its economic elements. The purpose of this
paper will be to indicate the most important contributions economic analysis has
made to our understanding and management of OSH, and to suggest directions for
future work in this area.
Economics means one thing to the specialist and another to the general
public. When most people hear the word "economics”, they think it has to do with
the management of money. In particular, "the economics of occupational safety and
health" suggests for many little more than "how can better working conditions be
made profitable for business?" Certainly, the role of OSH, its financial costs and
benefits, in business management is an important aspect of economic analysis but
it does not exhaust the topic. Above all, economics is a social science’ its
perspective is that of society as a whole, which includes workers, their families’and
their communities as well as enterprises, and it recognizes that not all the effects of
ill-health show up in monetary transactions. In order to understand the
contribution of economics, then, it is important at the beginning to be clear on just
what economics is.
J
Economics has two general features that C
distinguish it from other social
sciences. First, and obviously, it focuses primarily
r on the economy, the ways in
which individuals and communities produce, distribute
and consume goods and
services. Modem economics is most comfortable studying market economies since
much more is known about the workings of markets than other types of economic
mechanisms, but there are many economists who also study the economics of
households, enterprise organization, and non-market societies of the past and
present. In addition, economists generally assume that all decisions are made in a
■rational" manner, where rationality has a very specific meaning To be
economically rational, a decision-maker is (a) outcome-oriented, basing his or her
choices entirely on the predicted consequences of each action
and (b)
systematically calculating, estimating the probabUity of each possible outcome and
assigning each a positive or negative value. Because of this, the calculus of costs
and benefits plays a central role in economic reasoning. Of course, this is not an
entirely accurate account of how decisions are made in the real world, and in many
situations calculations of costs and benefits play a minor role. Nevertheless while
conventional economics does not provide a complete explanation of human
behavior, its explanations will be more effective where market competition is an
important element—as it is increasingly coming to be.
Broadly speaking, there are three general purposes that economics can serve
for OSH. First, identifying and measuring the economic costs of occupational injuiy
and disease can motivate the public to take these problems more seriously. This is
true at ah levels, from the enterprise that may be only dimly aware of the toll that
worker ill-health takes on its performance to national governments that may not
realize the impact of OSH problems on economic growth and development. Second,
understanding the connections between the way firms and markets function and
types of OSH problems that arise is crucial for the success of public policy. Why
conditions are better in some sectors or regions than others, and why are particular
groups of workers at greater risk? What is the likely effect of changes in social
insurance coverage, government regulation, or, for that matter, new international
patterns of trade and investment? As the pace of economic change picks up
throughout the world, these questions need to be addressed on a continuing basis.
Finally, as important as the protection of worker health and well-being is, it is not
the only objective of modem society. Economic analysis can help show when
safeguarding working conditions is complementary to other social goals, and it can
illuminate the tradeoffs when it is not. Clearly, to the extent that there are
tradeoffs, they don t go away if we refuse to measure them.
For all of these goals, a central concept is that of costs. On the one side, we
have the costs of improving the conditions of work, in order to reduce the incidence
of injury and disease. On the ocher, we have the costs of not doing these things. But
the concept of costs is not simple; there are many kinds of costs, and the
distinctions are important for the analysis of OSH.
Importance of safety budgeting will be appreciated only when we are able to
have logical reasoning towards expenditure to Health safety and environment
towards the management. It is also important that trade unions play a significant
role towards safety performance. For example in India in Few of the Chemical /
cement Industries unions compromise with some benefits like coconut oil and
jaggery of say 1 liter and 2 kgs respectively for a month as a benefit to employee.
Where as they do not look into the crucial facts of .ergonomic comfort or Industrial
hygiene comfort such as good Ventilation Lighting, Noise less environment etc
Union need to constructively debate with management from, the design stage,
technical compromise must not be done for fringe benefit of jaggeiy coconut oil
soap etc.
The Safety and Health can be protected by scientific design and work place
design suiting the employee and not by fitting the employee to the job requirement.
80
81
loss of life and health is often opposed for reasons that are not reduc.ble to their
5.1 OBJECTIVES
This chapter deals with the effect of Incident or accident on employee and how
it affects his family and the effect to community. Any event need to be quantified to
show the real effect of the event and to communicate the learning or to bench mark
performance standard within the country or to bench mark with international
standards on Loss due to incident / accident
It is not all easy to compile in terms of cost and the effect of an incident or
accident. For example the emotions of family cannot be measured, the indirect
impact of emotions towards Health cannot be measured, sorrow cannot be
measured, however all reasonable effort to quantify measurable aspects such as
medical expenditure, remediation expense, etc can be summarized and cost can be
arrived.
In this Lesson the student will get to know the various prepositions on safety
Economics.
5.2 CONTENTS
a. Economics/ Non economic cost
b. Private Vs social cost
c.
Financial Vs implicit cost.
d. Economic cost to Individuals and Families
e. Accident cost of the injured person
f.
Accident cost to the management
g- Factors of hidden accident cost
h. Accident cost to the society
i.
Cost compilation procedure
j-
Craig Sinclair’s study of accident cost , prevention cost and their
relationship
k. Budgeting for safety
1.
Role Of Trade Union
A ) Economic vs noneconomic costs. Without going deeply into the subtleties
of economic theory, it is enough to say that economic costs are those which can be
expressed in monetary units. They include the costs paid or expected to be paid by
individuals and organizations acting within the economy, as well as the monetary
values implicit in activities undertaken and foregone. Noneconomic costs are no
less real, but for one reason or another cannot be captured in monetary terms. In
the case of injury and disease, the noneconomic costs are above all the subjective
costs of pain, fear, and loss suffered by the victims, their families, and their
immediate communities.Hl For shorthand, we will refer to them as the "human
costs" of ill-health or premature death. In addition, it should be recognized that the
cost m either the economic or noneconomic sense. This is particularly the case
when standards of social justice are violated: what may make a particular injury
unacceptable, for instance, may not be (only) its cost, but also the fact that it could
have been prevented but wasn't, due to the employer s obsession with making the
greatest possible profit.
S) Private vs social cost. All the costs of worker ill-health, to whomever they
might accrue, could be added up; this sum would be the full social cost. "Society"
has traditionally been thought of as equivalent to the nation, but it makes
increasing sense to think of the entire world as our society, due to economic
integration. Within this overall accounting, however, costs fall on different parties.
The particular portion of the cost paid by any one individual or organization is
called the private cost, and this is the cost relevant for decision-making on that
level insofar as the decision-maker is economically rational. Three points should be
borne in mind. First, private costs do not necessarily enter into the social cost
because they may be offset by benefits to other members of society. Suppose, as a
result of a catastrophic industrial accident, a firm loses half its market share’ This
constitutes an enormous private cost to the firm, but if the sales are taken up by
other firms this is not a component of social cost. If the firm suffering the accident
was more efficient than its competitors, however, the increase in the cost to societv
of supplying the goods (a much smaUer sum) would qualify as social. Second not
all social costs appear as private costs. For instance, a significant portion of the
medical cost of occupational injury and disease in the industrialized countries is
indemnified by social insurance systems. Who pays this cost and how? Some of it
can ultimately be traced to specific contributors, but the cost may be so spread out
as to be invisible at the private level. Moreover, imagine that the insurance system
borrows money to finance the extra cost, and that the ultimate effect is to reduce
the funds available for other projects-how would this be allocated to particular
individuals and organizations? Rather than pursue such hopeless investigations,
we simply say that the cost is social but not private. Third, the possibility for social
costs to be borne by one group or another gives rise to the concept of cost-shifting.
A firm, for instance, may try to reduce its exposure to OSH costs by shifting some of
them to their workforce, to other firms, or to society as a whole. This is another
reason why studying private costs may be a poor guide to social costs.
Nevertheless, for the purpose of understanding why individuals and firms behave
the way they do, the study of private costs is indispensable.
C) Financial vs implicit cost. AU economic costs could be expressed in
monetary units, but not aU take the form of actual money chaAging hands. When
monetary payments are made, we can speak of a financial
financial (or'out-of-pocket)
(or out-of-pocket) cost
cost.
but these are often dwarfed by costs that can be inferred from their effects and
given estimated monetary values. Consider, for example, an accident to a worker
that resuits in medical treatment as-well as damage to a machine. The firm may
pay "real" money to the health care provider; this is a financial cost But if the
1
82
useful life of the machine is reduced by two years, and if there is no other factor to
attribute this to other than the accident, the increased depreciation is also a cost,
just as real despite being an inference. Ultimately, from an economic point of view,
financial costs are potentially deceptive, since, as we have seen, they may be more
or less than true social cost. Only the inferred cost of an event in terms of all its
impacts on society, based on full information and careful analysis, can be a
satisfactory basis for social cost. Economists refer to this as the opportunity cost—
the difference between the value of the goods and services available to society with
or without the event, decision, etc. As we will see, calculating opportunity cost is a
difficult enterprise and usually depends on a willingness to make questionable
assumptions—but, economically speaking, there is no alternative.
D) Economic Costs to Individuals and communities : Without question, the
most important costs of occupational injury and disease to workers and those who
care about them are noneconomic. There is no need for economic calculation to
replace the deep human emotions that arise when life is unnecessarily shortened or
impaired. Nevertheless, economics can make two sorts of contributions to our
understanding of these costs. First, it can help identify groups particularly at risk
and explain why these patterns occur. In addition, it can shed light on the
specifically economic costs of OSH—their amounts, who pays them, and again why.
Groups at risk. Traditionally epidemiological analysis views risk as a function
of exposure to hazardous conditions or substances, but this can be supplemented
by social science approaches in which risk is the result of social position,
pressures, and incentives. In the discussion that follows, I will not consider which
industries or occupations are more dangerous; there is already a veiy large
literature that does this, and economics plays a small role in it. Rather, I will look
at economic factors that can in turn lead people to be exposed to risks in the more
traditional sense.
As a generality, one can say that the most dangerous jobs are the ones lowest
in the economic hierarchy: precarious employment, informal employment, work in
small and medium enterprises (SME's), and work performed by groups subject to
discrimination and marginalization. I will consider each in turn.
Precarious employment. There has been a steady expansion in recent years
of work that does not conform to the traditional model of a permanent, full-time
relationship between the worker and the enterprise at which the worker works.
"Nonstandard" work consists of the various alternatives, individually and in
combination: temporary employment, leased employment, "self-employment" (where
the nominally self-employed worker works at the location and under the direction of
another enterprise), part-time employment, and multiple employments. In addition,
outsourcing can lead to employment relationships that are essentially nonstandard
in the above sense, even when the worker and the subcontractor have a formally
standard relationship. The term "precarious" or "contingent" employment has been
applied to nonstandard work that has the effect of attenuating the employment
83
“nShip; ,LedUring itS eXPficted duration, increasing
undermmmg the claims that workers and employers can makeits uncertainty, or
on one another by
virtue of the employment relationship itself
Part-time work does not fall into this
category, but it can have similar effects
insofar as it reduces the degree of
commitment entailed in employment.
Mebe,S « «1. (1S97|,
ftterto M l£1,
““"t” 0"”'" "’Wl
has occurred is beyond the scope of the paper
changes in technology, increased intemabo >
proPosed causcs “elude
consumer demand, and changes in governme.t policy0 UP H11011’
PattemS °f
attention was given to the implications of chanXg Lol
and health at work. In the last few years evidencThTb
"T™5
indicating that work which is precarious in emnl
accumulate
physically precarious as well. As Quinlan (1999|
tO
employment has been linked to increased risk and sti rt’
PreCar‘0US
the specific mechanisms involved. Outsourced and cn r T
training and have less awareness of their rights in so
reCeiVe 1655
know who their employer actually is. Pressure to m^d lnStSnCeS thCy d° noteven
time, which makes precarious workers Xactiv
them to cut corners and take greater risks IS 1
emP’°yerS, also leads
systematically higher for such groups, including thZeh’
1 a
and health problems often go unrecognized in the “ 7.
M°reOVer’ Safety
workers because accident data are not categorized byZ dT
°UtSOUrCed
in which the accidents actually occur. (BllZet ZZfwZ”eStab'iShment
temporary health services had more reported iniurie
Z
empl°yed by
matched sample of "regular" workers in the sa2e risZ
/
"
from Washington State (US); deficiencies in training areZ
Similar results for the U.S. are surveyed in NAS/NRC (iggsZ,
X
•a"8’
instance, reports that non-permanent workers have « k
T (1"9)’ f°r
work environment; 30% fee! constrained bv the
Z
8!
environment deficiencies", while 41% said it was M
tUS
refUSe work
heard. Quinlan and Mayhew (2000) find that 0100^7
7
tO b<5
»
ventilation, and work location and the fZ
■e™. A»
a
w„rot, Ju„ nnder S2% „„„ „
t
n
r •h“
temperatUre’ hghtin&
«
i1
84
85
precarious workers this percentage ranged from the low’ to mid 60’s. Taken
together, these and similar studies paint a picture of increasing polarization of the
labor force, with the bottom tier excluded from many of the workplace protections
long taken for granted in industrialized societies.
The safety and health concerns of precarious workers have begun to attract
the attention of policy-makers. The European Agency for Safety and Health at Work
(1998), reporting on its survey of EU member governments, found that 5 paid
particular attention to the situation of atypical workers during the past decade, and
7 intended to do so during the coming 3-5 years. The corresponding numbers for
self-employed workers were 3 and 8. There is no indication as yet, however, that
this concern has had an impact on the formulation of policies that may contribute
to the growth of precarious work. (Quinlan, 1999)
Informal employment
It is in the nature of informal employment that we will have poor information
about it. For the most part, this type of work is concentrated in developing
countries, although there are signs of a re-emergence of informal production in the
industrialized world. (Branigin, 1997) In all probability, workers in the informal
sector are at high risk relative to their industry and occupation.
Small and medium enterprises. Logically, one would expect greater
occupational safety and health problems at SME's. There are several reasons for
this. First, many OSH interventions have a substantial overhead cost, and the
smaller the firm, the smaller the revenue base over which these costs can be
distributed. Second, the level of expertise is frequently lower at SME's. Third, the
SME environment is generally more competitive and finance is more difficult to
obtain, leading to shorter time horizons (lower investment in general) and fewer
expenditures on what may be perceived as "nonessential" items. Nevertheless, for
many years it was thought that the relationship between firm size and workplace
risk was an inverted U-shape: lower risk among the smallest and largest firms,
higher risk for those in the middle. Today this is seen as an artifact of data
collection: small firms are less likely to keep accident records, but tend to have even
higher incidence rates than medium-size enterprises. [Mendeloff and Kagey (1990),
Hunting and Weeks (1993), Leigh (1989), Tombs (1988), Nicholls (1989), Oleinick et
al. (1995)] Thus, there is now a generally accepted view that size and risk are
inversely correlated at all levels of scale. As we will see in the section on enterprise
level costs, the concentration of risk in SME's poses difficult problems of economics
as well as health and well-being.
It should be borne in mind that not all workers have an equal likelihood of
ending up in employment categories surveyed above. Both women and children are,
for different reasons, disproportionately represented in precarious employment and
SME's in particular. In the case of women, little is currently known about their
comparative health status, due to problems in data collection (especially concerning
diseases and chronic pain) and the longstanding orientation of the OSH field toward
Physiologically, they are more susceptible soJXand m°re "“SCeptib!e to risk
pSyCholog‘cally. and the
consequences of a major accident or illness of cou
Considering the restrictions on the employment of min
,mOre devastating.
rates of occupational injury are high and fatalif
U S'’ measured
agriculture. One of the reTsons cited f^ osT‘’"T”
“
their concentration in precarious nart time a
n 6 emS °f y°Ung workers is
n
„ .
P
and small-establishment employment
al., 1997; Robinson, 1989), as do immigrants (BJui .‘g er aCCldent rates (Loomis et
with less formal education (Natronal Center fo^H
’ '"S’'
ultimate test of this relationship is probably in
^taPstlcs, 1993). Indeed, the
suggests that low income is associated with hwlT™0 L
evidence
most workers, when other factors affecti™ w "
‘
1988’’
f°r
Hagstrom, 1998). Taken together these studies868 "T C°ntrOlled for (Dorman and
in the distribution of risk: those who suffer the mZ f
”
pr°blems
This portrait of groups at risk is cast in o
partrcular safience lor economy. Certain lormsV
dangerous, and certain ggroups find themselves congregated in them. The kinds of
jobs created and the distribution <
of those jobs are both economic phenomena; they
stem from the choices, rational
or otherwise, that enterprises, workers, and
governments make in their pursuit of c----.. economic goals. In particular, the global
trend towards more informal or precarious employment
economic forces are at work. We have barely begun the suggests that fundamental
and hopefully counteract, these forces. For r
- • enormous effort to identify,
now
it
is enough to note that these
forms of employment present an obstacle to the i-___
- improvement of OSH conditions
and exacerbate the unequal exposure to those
effects should be taken into consideration when ei• conditions within society. These
;mployment policies are weighed.
The burden of economic costs. There
two main economic costs that
result from disability and premature death atare
work,
The most important is the
worker's lost wages during the period of absence from
work and possible reduced
wages after return to work, either of which m.v
depending on whether otherwise unemployed substitut
&
C°St’
the same tasks. Because ofthe role of woX comZ L"
tO d°
the extent of lost wages has been studied in con d
countries. This is a difficult enterprisT SorJo Z
answered are:
f 016
hl “ Wage rePlacement,
'
“ “ deVeI°Ped
that have to be
H
86
If the worker does not return to work, to what extent is this due to
disability versus other factors?
87
to thE’ ACCident C°St tO the InjUred Person Agents
o the management and the society . Let us see how much are costly to the injured ,
an injured worker would
loss due to an accident to him.
Should subsequent spells out of work after the initial return be attributed
to the disability?
What would have been the likely future trajectory of the worker's wage if
there had been no disability?
Research for the United States has found that disability plays an important
role in economic outcomes. Approximately one in every ten workers has a disability
that limits the amount or kind of work that can be performed. The rate of
participation in the labor force for disabled workers is about 2/3 that of the
nondisabled, and only half of the likelihood of being in a full-time job. (Weil, 1999)
While the ratio of disabled workers' earnings to those of the nondisabled’ has varied
over time, by the mid-1980s it was only about half. For minority workers this ratio
was a shocking 15% in a well-constructed study. (Havcman and Wolfe, 1990)
Ominously for developing countries, the earnings ratio falls for workers with less
education; Haveman and Wolfe found that disabled workers with eleven or fewer
years of education made on average only 1/3 the wage of comparable nondisabled
workers. Part of this employment and wage gap represents the diminished
productivity of the worker following a disabling illness or injury, but a substantial
part also represents discrimination. (Baldwin and Johnson, 1994, 1995) This bias
is now illegal in the United States following the passage of the Americans with
Disabilities Act, but the law is difficult to enforce. From a social cost standpoint, it
is often assumed that lost wages are a reasonable indicator of lost worker
productivity. This is difficult to justify in a precise way, but it is the only measure
If a worker is not covered by any insurance scheme he has to K
wages and the cost of medical expenses .transport frutts f J
permanent disablement he loss his earning capacity' for life ’
u
" 1OSS °f
SUfferS
^2xzzazrr •
possible for his suffering pain , worry and incapacitation
E
' “
duty . he is unable to perform his normal work for some time Zi *7 7^™ t0
lose incentive and overtime wages during that period Annth i
may
to social functions and recreation.
’
1OSS IS hls mabiIify
Example:
Let us take an example
of a
worker who
who meets
meets with
example of
a worker
with an accident at h•
20 years and loses his total earnings capacity. His monthly wage fo Rs 5oo0
As per Workmen’s Compensation Act,
240000 whichever is more . Ls he ^ZthTcXenZ.onTfls "ssOOOO "
we have.
The second major economic element is the cost of medical treatment, care
during the period of disability, and rehabilitation. In countries with well-developed
social and health insurance systems most of these costs are easy to measure, but
there are also household costs that can escape detection. In one US sample, for
instance, one in six injured workers needed some other family member to take care
of him or her, and almost 2/5 required other family members to perform some or all
of their household tasks. (Weil, 1999) Even though these contributions of time and
effort by the families of injured workers have no prices in the marketplace, they
certainly represent economic costs. We can expect that the invisible cost of care
plays a much more important role in developing countries, and that failure to
measure it leads observers to falsely conclude that the economic costs of poor
health are low. Assigning prices to care by family members is not difficult in
principle: we could either use the going rate for similar work in clinics, rest homes
etc. or we could estimate the opportunity cost of the time spent on care—the value
of the other activities foregone.
10, 96,000.
2 3 ...... 40) = 2400 x 820 =
Therefore total earning = 10,96,000.
Thus against, Rs.
inadequate ,
10, 96,000 he gets only
Rs 5,60,000, which
seems
Suppose, he would have died , his family gets (40% of 5000) x th„ ,
factor = 200 x 224 = 4,40,800 or Rs 2,00,000 whichever is more i e Rs ZoZZ
still a less amount than the compensation for permanent total disablement
F)
ACCIDENT COST TO THE MANAGEMENT:
A management suffers two types of costs as
follows:
Direct or Insured cost
This includes the <compensation paid to the injured person, medical and
hospital charges. This is hardly
one -fourth of the total cost when indirect costs are
also considered as below:
Indirect or Hidden or Un insured cost
The ratio 4 to 1 : In 1927 , I'
— Heinrich
” ’
H.W.presented a
paper at the National
Safety congress (USA) and placed the/indirect cost at
: on an average 4 times the
I i
88
direct cost . This was the origin of the much discussed
and controversial 4 or 1
ratio.
89
idle machines.
tO
IOSS °f Pr°flt °n
injured employees productivity
and on
Some studies yielded ratios ranging from 8 to 1 to 1 to 1, but, in general thev
supported Heinrich s findings.
’
y
Heinrich writes, “It is not contended that the 4
to 1 proportion holds true for
every industrial accident or <every individual
............
' plant, and it is granted that in
nationwide application the ratio
-----■ *■ ’
u may vaiy, yet It has already been tested sufficiently
to provide approximate confirmation”.
There is a great significance of this ratio to statisticians, employers, employees
safety officers and insurance salesmen. It supplies powerful stimulus to preventive
actron.it emphasizes that cost estimates in million - rupees are to be increased 4 to
times, that the employers must worry about accident cost and’accept accident
Tt “h
dUty ’ that
°f Safe,y °ffiCerS haS a reaI monetary value
and that it enhances the value of the service of an insurance salesman.
10. Cost that occurs in
consequences of the excitement or weakened morale
due to the accident.
11. Overhead cost jper injured employee - the expense of light , heat , rent
and other such items which
1 contmues wMe the injured employee is a non
producer.
costs in someScounJfes.fO11OWmg
-Sountry
Year
-UK‘_______________ 1967
— S-AJ__________________ 1962
GERMANY
1954
G) Factors of Hidden Accident Cost
The list given by Heinrich is as below :
In India, such record is
1. Cost of time lost by other employees who step work.
to 10.
2. Cost of time lost by other employees who stop work.
o
o
Direct Cost
Indirect Cost
1
________ 6.7
______ 1
_8.0
1
_______ 10.7
1
________ 6.4
not available, but it can be roughly estimated to bel
Example:
o Out of curiosity.
o Out of sympathy.
o To assist injured employee.
o For other reasons.
3. Cost of time lost by foremen , supervisors or other executives
o
o
.-o
S?WS 1116 reIationshiP (ratio) between these
Let us consider an example of a i
worker drawing Rs 9000 p.m. and meeting
U eh3ZZidCnt
HiS
°f 40 (C°mpleted ) “d l°s7ng'thre.
3e fingers of one hand
o p rmanent partial disablement).
Direct
as follows :
Cost (Rs).
1. Compensation under W.C. Act
Assisting injured employee.
Investigating the cause of the accident
oth^SlX*6 inJUred emP1°yeeS PrOdUCtiOn Contlnued b* -me
30% of (50% of 9000 the age factor or f ‘
(4500 x 184.17) = 0 30 x 828760 50 = 2_48 63oRs. 24000 whichever is more) = 0.30
21370 MediC£d & H°SPital ChargeS
f-s, medicines, milk, fruits etc =
Selecting, training, or breaking in a new employee to replace the
injured employee.
rePOrtS’ °r attending hearing before
offiaX8 81316
3. Transportation charges = 2000
state
4. Cost of time
spent on the case by first - aid attendent and hospital
department staff, when not paid for by the insurant
-------- ice carrier.
5. Cost due to damage to the machine,
tools or other proper or to the spoilage
of material.
<---------- ---- J
Total Direct Cost =2,72,000
’
6. Incidental cost due to interference with production failure tn fill
time, loss of bonuses, payment of forfeits and other similar causes.
Indirect Cost (All estimated in Rs)
1. Cost of lost time A. By injured worker
B. By other worker
“
7. Cost to employer under employee welfare and benefit systems
C. By supervisors & executives
—21lEE^id
8700
3300
12400
2600
I
“ ,hi **- -**- ™ •
*
J
1
1
90
I
loss due to
I
3900
23100
16500
36200
5500
?Pt)1'f>ge'Ofmato.]als----- -------------Damage]?gir~~~~~------ ------------
1
H
91
1) Cost to the family:
As per
section 4
(1) (a)
(a) and ExPlanation, his family wi!i „et 4o»/o
of mono
X the, W.C. Act, Se
4 (1)
of 10000 the relevant factor = 0.40X 10000X99.37 = Rs 3, 77 480
■’
years. = (6000 x 1)+ (6000 x 2)+........ (6000 x 5)
each
for 5
= 6000 (1+2+3+4+5)
_b. Payment offorefr^
------
(worked overtime)
after his return to work
~^y^^jy^gakened morale of others_____
Rs 12800
Nil
Rs 8400
Rs 8560
Rs 23560
Rs 26440
=6000 X 15 =90000.
Therefore his total earning Rs 9,60,000+ 90,000 = 10,50,000.Deductmg the
■
2) Cost to the management (Estimates)
A) Direct Costs
erhead & Administrative expense
Total indirect (uninsured) Cost
Total cost of the Accident 2,72,000+ 2,87,000
Rs.
Rs.
Rs.
18000.00
2,87,000
5,59,000
Here the ratio
upon each case
is
case . Su
SuoZ t0
' be
°e @ 11 :•' 11 ’’ but
bUt >’ this
1111818
variable depending
one shift or day ,‘ f PP°Se
t0
accident 3500 WOrkers
t0
-t work for
adding to the indidirect
— r
accident where the <
°nly W°Uld C°St RS 3500 X 400 = 14,00,000 and
Compensation under W.C. Act
3,77,480
Medical & Hospital Charges
Transportation charges
2520
Total direct cost
B) Indirect Cost
3,80,000
1. Cost of lost time by -
a. Injured worker (including extra payments)
H) ACCIDENT COST*-• TO THE SOCIETY
The society suffer”
- *osses in three waus ■ 1) The family - a part of the nearest
society - suffers
P^n, mancial hardship and service
injured person
or maintenance loss by the
death. 2) The society as c"-''"—
production due
consumers
tO direct and indirect cost to the i----- pay the increased cost of
bears the social
management, and 3) The society
phusJy"anC1E:' bUrden °f mainten““ of all injured
their families .
1 persons and
proportion of the
>a
-
compensation receive , cost of the accident to his family = 10,50,000 - 3,74.480 =
Rs 6,72,520
(1)
of thelcZtT°Wlngly
member °f the
bearS
b. Other workers.
c. Supervisiors & executives
64230
770
d. First aid staff and clerical expense
2. Cost of production loss due to -
a. Idle m/c and clean - up etc
83750
1250
4120
1880
2000
b. Damage to the machine
C Damage to tools / equipments
D Damage to materials
Therefore employee
employers and society all have
accident prevention.
to work collectively for
E Spoilage of materials
3. Incidental cost due to -
" C0FSoLoC0IMPILAT'0N PR0«DURE
a. Fulfilling order in time (re4uix-ed overtime)
Example- WmS
illustrate
A worker dies in an
P-m. He was very eXperipnC“
he would have not died h
of this accident to his 'fa ' 7°^
totaling ail the three factors
cost compilation procedure.
°f 65 When he was draw“g RS 16000
‘eader °f
W°rked
faCtOry of 3650 workers5 years' Calculate the cost
managenlent’ 0,6 society and the overall cost
42560
27440
16820
b. Payment of forfeits
c. Welfare & benefit system
, »
,
~
”
d. Loss due to preparing substitute
--------
e. Loss of profit & productivity
f. Loss of production by weakened morale of others
----- 23180
1
y
8256(7
--------------------- 36890^
H
93
92
4. Overhead and Administrative expense
3,110
Total indirect cost
11,40,000
The ratio D.C. : I.C. =
38:114=
1:3
AO = Objective element of cost
If the direct cost is insured by some insurance
agency and if we consider the
annual insurance premium as Rs 114000, the direct cost would be Rs 114000 and
the ratio, then, will be 1:10.
The total cost to the management = 380000+11,40,000 = 1,50,0000
(3) Cost to the society
o
Rupees
... (2)
(Estimated)
A. Loss to his family, other than the
RO = annual other injury per worker
Average AS = Subjective element of cost
With second subscription D, S or O for death, serious injury and other injury.
Sinclair has applied this method with meaningful results to large groups of
workers in entire industries including agriculture. The method is not useful for
very small groups where the results will have little statistical significance.
Estimate of Prevention cost:
wage loss (in the form of other services)
1, 58,000
Sinclair has grouped preventive costs under the following three heads:
A . Design cost
1. All redundant control features installed for safety reasons.
B. 20,000 consumers pay the product price rise assuming of Rs 2 each, then
Rupees 4, 00,000
3. The part of the cost caused by additional metal thickness (under
appropriate design code) which is required to provide a margin of safety.
C. Social and financial help by the society
Rupees 42,000
Cost to the society
Rs 6,00,000
4. Systems installed to remove toxic and explosive materials produced by the
process and maintain a safe and healthy working environment .
- (3)
Therefore the overall (national) cost totaling above three factors
5. Fire protection measures - escape routes , fireproof materials , and barriers.
=(1) +(2)+(3) =672520 +15,20,000+6,00,000 =Rs 27,92,520
Thus one fatal accident costs to the nation at least more than Ten lakh rupees.
eostsEofir^tith @ 800 J"1"1 aCCidentS “ faCt°rieS P<5r
’ the
totel
12 00 000
, 7 T
W°Uld be 8000
rUpe6S ■
e^mating @
non nnn
(°f 311 ldnds) ’ their total national cost would be Rs
peonl ’
.10’00’°°0 ~ 12 X 10A1° what a great target (and cause ) for all safety
people to minimize this national annual loss.
™eiZGElmioZpSTUDY of accident cost, precention cost and
T.Craig Sinclair on behalf of the Robens
committee on Health and Safety
carried out a detafied study and published a paper “ t
A cost effectiveness approach
to mdustrial safety , HMSO London , (1972|
„ brief _
given below:
J -------&j concept is
Estimate of Accident Costs:
The costs of accidental injuries are i
'
made up of three parts, fatalities, serious
injuries (over 4 weeks off work) and other injuries. Thus we can write.
CA = RD(ASD +AOD) + RS (ASS + AOS) + RO (ASO + AOO )
Where
2. All machine guards and protective devices installed on the machine to
protect employees.
CA = annual accident cost per worker
RD - annual risk of Death per worker
RS = annual risk of Serious injury per worker
6. Additional costs involved in layout for safety reasons.
B. Operational costs
1. Cost of the safety department which can e attributed to the plant under
study ;
A) Salaries and overheads.
B) Publicity materials.
C) Training.
D) Protective clothing.
2. Cost of extra manning for safety reasons.
3. Cost of operating within restricted irange of conditions (temperate ,
pressures , rate etc ) for safety reasons , as compared with the wider range which
would otherwise be possible.
4. Cost of medical and first aid department.
C. Planning and consequence limiting costs
1. Cost of insurance.
2. Cost of works fire brigade.
1
3. Cost of fault studies , hazard analysis , safety audits.
4. Cost of environmental sampling and analytical programmes, biological
controls.
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5. Cost of toxicity tests on drugs food etc.
=30 x 500,000 = 15,000,000 (Rs)
6. Cost of testing for leaks of hazardous materials.
'
This is a reasonable foreseeable risk if all such accidents happen every year It
emphasizes that it can be greatly reduced, if no death or on serious injury takes
7. Cost of testing for electrical safety.
8. Cost of loading and pressure tests.
9. Cost of flammability tests.
10. Cost of R&D department.
Relationship between the costs
The graphs of Costs Vs, Risk reduction shows that he costs n injuries and
damage are reduced as more money is spent on prevention, and the point must
come when the incremental saving on accident costs. This is at the minimum total
cost of accidents plus expenditure on prevention.
Sinclair makes the simplifying assumption that the total of accidents
(including preventive measure ) are minimized when the annusl cost of preventative
measures has reached the annual costs of accidents. This assumption appears to
create more questions than explanations.
it therefore seems reasonable to modify Sinclairs approach (for an existing
plant or factory ) by taking the plant as designed and built as ones datum point ,
and only include those costs incurred by providing additional protection.
Example: The estimated risk amounts in Sinclairs formula are as given below.
Calculate the annual Accident cost of a factory employing 30 workers. Also estimate
the preventive cost necessary.
Data given: (per worker)
RD = Annual risk of death (insurance premium)
4000
RS = Annual risk of serious injury
2000
(“)
RO = Annual risk of other injury (“)
1000
ASD = Subjective cost of death
360
ASS = Subjective cost of serious injury
620
ASO = Subjective cost of other inury
800
AOD = Objective cost of death
140
AOS = Objective cost of serious injury
280
AOO = Objective cost of other injury
400
If this Rs 1.5 crores (accident cost) are tsaved by preventive measures of Rs 1 5
accident? k
°SS' But most °off the empl
°yers thlnk
employers
think that as hardly any or a few
acadents takes place in their plants, they need not to spent any amount on
preventive measures. These calculations
—3 (mostly widely variable) show that they
should realize such heavy risk in case
of accidents (which is always probability) and
should be prepared for preventive measures well in advance.
K) Budgeting for Safety
Once a plant is put into operation it does not mean that it could be sustained
by regular operational budget, certain critical budgeting is required to improve
safety standards.
Process safe technologies could be integrated in the initial stage of
commissioning and making the plant operational , the recurring expenditure such
maintenance of fire protection systems, Procuring latest personnel protective
equipments , External audit and compliance to the recommendations, regular work
place monitoring and health monitoring, Employee training. Up gradation of
engmeenng controls etc all require Budget.
The Key elements to be considered for Budgeting are as follows,
a. Up gradation cost to Engineer safe control mechanisms
b. Recurring expenditure for Personnel protective equipment
Work place monitoring
d. Audit (Internal and External)
e. Statutory compliance requirements
f.
g. Training
h. Equipments calibration and new equipment
equipment for
for work
work place
place monitoring
monitoring ((
Includes Noise , Illumination, Vibration monitoring also)
i. Employee Motivation activities ( Celebration of Events such as Safety
day, environment day, Fire service w^ek, chemical disaster prevention
day etc)
Then, Annual accident cost per worker
CA = RD (ASD+AODJ+RS (ASS+AOS)+RO (ASO+AOO)
= 4000(360+140)+2000(620+280)+1000(800+400)
=4000(500)+2000(900)+1000(1200)
= 200,000 +180,000+120,000 = 500,000 Rs.
Employee Health Monitoring
j.
Improving the material handling equipments ;• waste
A
equipments etc
collection
k. Maintenance fire protection systems and upgrading the existing
systems
Total annual accident cost of 30 workers.
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L) Roie of trade unions in safety
Participation of trade Unions on improving safety will fetch immense benefits,
unfortunately our trade union members are not knowledgeable on HSE aspects and
so they always compromise with Management for fringe benefits like soap, oil etc.
Trade unions need to be much more knowledgeable and they need to have
close contact with enforcement authorities and they need to understand more from
them.
Trade unions need to be supportive to the safety officer and they need to also
enforce safety measures. Trade unions can seek incentive for good safety
performance. Trade union members can be good part-time trainers on various
safety topics like material handling, Road safety , transport safety , Ergonomics,
Hygiene and its importance .
Trade unions need to share their safety performance with members of other
organizations when they observe compromise they need to raise to the situation.
Union members must insist for specialized training and they need to be active
in implementing safety systems and sustaining them.
To repeat Trade union exists to represent, protect, advise and Educate their
members and so serve their interest. The management has the responsibility to
provide and maintain safe working conditions and safe system of work, whereas the
workers have the responsibility to follow the safe procedures adopted by the
management in order to prevent accidents which can minimise the loss inturn of
economics and to reduce human sufferings. The responsibilities shall be as follows:
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5) The Section 41G of Factories Act 1948 imposes workers
participation in
S ety management. The occupier shall set up r
a safety committee consisting of
equal number of representative of workers and the
—J management to promote cooperatton between the workers and management in maintaining proper safetv
health at work to review periodically the safety measures The woX r7 and
can
omX
hr S3fet5' related Pr°blemS tO th6ir
representatives in t
safety
-J and
vital role in smooth running of safety
committee and should generate positive challenge
11 ‘
to accept the safety promotion
attitude.
e
6) In general the greater the
employees participation in the safety programme,
the more effective it will be. Therefore the
-refcre the management should make as many
activities in which the workmen can take part
as possible and further it should give
them the major roles.
5.4 Revision Points /summary
—s
This gives an understanding to student on
how safety and cost can be related
to each other.
tO
injure^dfo^
Which is a b-den for the
1) Trade union / workers can co-operate with the employers in the
investigation of accidents the union can persuade the members to accept the
modifications which are in the interest and can educate them to follow safe
procedures.
2) A section of Factories Act imposes duty of workers engaged in Hazardous
process. Workers are responsible to inform the occupier and inspectorate of
factories of any possibilities of imminent danger of their lives or health. The
management duty is to adopt reasonable preventive measures on such dangerous.
The workers have to fight for legally defined minimum safety standards for their
members.
3) The Trade Union / workers have to put more effort to reduce the toll of
accidents arid to improve working conditions.
xxtzr r- ”•
“'"y
sa“
After attaining their goal of zero accidents they can ask the management to
give safety gift / award in order to motivate them to achieve the highest scale of
safety standard and also to achieve the target at production.
4) The employer can take the active help and participation of Trade Union in
modifying the operating procedures and formulating safety and health policy.
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5.5 ASSIGNMENT
a.
In a Factory involved in manufacturing of Sheet metal, an accident took place
due to material handling equipment failure. This resulted in two employee
getting injured and one employee need to undergo amputation of two fingers.
b.
If you are a leader of a union what strategy would you adopt to gain safety
benefit for the employees of your organization?
c.
Prepare a safety Budget for a medium sized organization of your choice*
d.
Collect Data from an organization on the system they have to quantify cost
due to accident and their remediation.
5.6 REFERENCE AND RECOMMENDED READING
Indian Standard IS 3786 -1983
Industrial safety by K. U Mistry
Loss prevention news bulletin
Safety chronicle
Accident prevention manual, National safety council
> Industrial hazard and safety handbook by King and John Magid
>
>
>
>
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