Transcript SAFETY ACTS by Saibal C Pal

SAFETY ACTS – Indian & International
perspective
- CS Saibal C.Pal
Advocate
Safety Acts
Safety, occupational safety & Indian laws
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‘Safety’ is a state of being safe and protected from danger
or harm. (Oxford Dictionary)
Our focus on the discussion is occupational safety vis a vis
business.
Occupational safety in business enjoys support of
Government through legislations.
Business scenario has undergone change.
From home to factory and again to home is the scenario of
business.
Factories is not only the face of industry to-day.
Industry is wide term and is an all inclusive concept.
It is no more restricted to the promoters / entrepreneurs
employees and customers.
Safety Acts
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Today number of stakeholders in industry have increased
and industry thinking is focused on all inclusive growth.
Sensex & Nifty is the face of the Indian capital market
while NASDAQ is that of USA, FTAC 100 is of UK and
NIKKEI 225 is that of Japan. A number of SENSEX/NIFTY
companies do not have factories and are dependent on
work stations (applicable to IT sector) , branches for
banks and financial services companies are the main thrust
areas for generation of revenue.
Earlier industry meant manufacture but today they are
categorised on the basis of operation i.e. Manufacturing,
banking, Information Technology, Realty, FMCG,
Telecommunication ,Entertainment ,Media, Hospitality ,
Pharma and health among others.
Safety in the aforesaid industries is not restricted to
occupation only.
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5. Concept of all inclusiveness growth has fuelled thought on
safety of all stakeholders. Safety has to be thought not only at
the work place but from the time one steps out of home.
6. Legislations have been passed by the Government.
Additionaly several NGOs and NPOs have come forward to
ensure road safety through voluntory particiapation for
padestrians and vehicle users. So there are the trafifc rules.
7. Importance of road safety is such that it has been included
in the list of eligibility for CSR funding by companies . ( MCA,
circular no. 21/2014 dated. 18/06/2014 ).
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SAFETY AND THE FACTORIES ACT,1948
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However, safety in factories is the first reference point
when we speak of safety in organisations.. The Factories
Act, 1934 was enacted to make safety compulsory in
factories . The Factories Act,1948 replaced the 1934 Act.
Several amendments to the Act have come but the frame
work remains unaltered.
Provisions for safety in the Factories Act, 1948 may be
summarized as follows:
In West Bengal, The Factories Act, 1948(`ACT’) is to be
read with the: (i) W.B.Factories (Welfare Officers)
Rules,1971, (ii) WB Factories (Safety Officers) Rules 1978,
and W.B. Factories (Exemption) Rules, 1982. The ACT is an
act to consolidate and amend the law regulating labour in
factories.
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The ACT was passed on 23/9/48 and amended 8 times. The
Factories (Amendment) Act, 1987 was the last major
amendment which was a result of the Bhopal Gas Tragedy
in 1984.The provisions of the Act was inadequate to combat
the severity of the disaster. For uniformity the state of West
Bengal amended the rules with respect to `hazardous
process’ in factories in 1991. States have the power to
amend ,notify rules under S 112 of the Factories Act.
Safety is dealt in Chapter IV of the Act. Ss 21 to 41 deal
with safety at work place/ factory. Factories having work
force of 1000 or more are employed must appoint a Safety
Officer.
S 21 deals with fencing of machinery. Rules are framed
under the West Bengal Factories Rules,1958 under Chapter
IV regarding safety precautions prescribed under ss (2) of S
21 of the Act. R 47 lays down safety precautions under
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Schedule II deals with textile machinery – except used in
jute textiles.
Schedule III deals with Wood-working Machinery.
Schedule IV deals with Rubber Mills
Schedule V deals with Power Process
Schedule VI deals with Shear, Slitters and Guillotine
Machines
Schedule VII deals with Centrifugal Machines.
Rules framed under S 41
Rule 48 deals with Buildings and Structures.
Rule 49 deals with Examination of eye-sight of certain
workers.
Rule 49A deals with Railways in factories.
Rule 49B deals with Ovens ad driers .
Rule 49C deals with Reaction Vessels and kettles.
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Rule 50 deals with Machinery and Plant.
Rule 50 A deals with Precautions against electrical hazards.
Rule 51 Methods of work.
Rules prescribed under S 41.
Rule 51A deals with Fragile Roofs.
Rule 52 deals with Stacking and storing of materials etc.
Rule prescribed under ss (1) of S 22 .
Rule 53 deals with Work on or near machinery in motion.
Rule prescribed under ss (2) of S 23 .
Rule 54A deals with Employment of young persons on
dangerous .machines.
Rule prescribed under S 29(2) machines, chains, ropes and
lifting tackles.
Rule 55 Lifting machines, chains,ropes and lifting tackles.
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Rule prescribed under R 56 and 56A under ss (2) and (3) of
S 31.
Rule 56 prescribes rule for Vessel and Plant.
Rule 56A prescribes rule for Water-sealed gasholder.
Rule prescribed under ss (2) of S 34
Rule 57 prescribes rules for Excessive Weights.
Rule 58 prescribes rules for Protection of eyes.
Rule prescribed under ss (6) of S 36
Rule 59 prescribes rules for Minimum demensions of
manholes.
Rule prescribed under ss (5) of S 37 .
R 60 prescribes exemptions.
Rules prescribed under ss (3) of Ss 38 and 41.
Rule 61 prescribes for fire.
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Rule 62 prescribes for First-aid,fire fighting arrangements.
Chapter IV A dealing with hazardous processes and S 41A
(1) has prescribed the following rules:
Rule 63 A deals with Site Appraisal Committee.
Rules frame under Ss 7A(3), 41B (2) .
63B deals with Health and Safety Policy.
Rule prescribed under S 41 and 41 (G) .
R 63C deals with Safety Committee.
Rule prescribed under S 41B
R 63D deals with Collection, development and
dissemination of information
R 63 E deals with Disclosure of information to workers
R 63 F deals with Disclosure of information to the Chief
Inspector
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R 63G deals with Information on industrial wastes.
R 63H deals with Review of the information to workers etc.
R 63I deals with Confidentiality of information
Rule prescribed under S 41B,41C
R 63J deals with . Medical Examination
R 63H deals with Review of the information furnished to
workers etc.,
Rule under S 41B,41C
R 63K deals with Occupational Health Centres.
Rule prescribed under S 41C.
R 63 L Ambulance Van.
R 63 M Decontamination facilities
Rule prescribed under S 112
R 63 P prescribes rules in respect of Issue of Guidelines.
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R 63I deals with Confidentiality of information .
S 22 deals with work on or near machinery in motion.
S 23 deals with employment of young persons on
dangerous machines.
S 24 deals with striking gear and devices for cutting off
power.
S 25 deals with self acting machines.
S 26 deals with casing of new machinery.
S 27 deals with prohibition of employment of women and
children near cotton openers.
S 28 deals with hoists and lifts.
S 29 deals with lifting machines, chains, ropes and lifting of
tackes.
S 30 deals with revolving machinery.
S 31 deals with pressure plant
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S 32 deals with floors, stairs and means of access.
S 33 deals with pits,pumps,opening in floors etc.
S 34 deals with excessive weights
S 35 deals with protection of eyes.
S 36 deals with precaution against dangerous fumes, gases
etc.
S 36A deals with precautions regarding the use of portable
electrical light.
S 37 deals with explosive or inflammable dust, gas etc.
S 38 deals with protection in respect of fire.
S 39 deals with power to require specifications of defective
parts or tests of stability.
S 40 deals with safety of buildings and machinery.
S 40A deals with maintenance of buildings
S 40B deals with appointment of Safety Officers.
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S 41 deals with power to make rules to supplement the
chapter
With effect from 1/6/88 Chapter IVA was inserted
Provisions relating to Hazardous Processes containing the
following sections :
S 41A . Constitution of Site Appraisal Committees
S 41B Compulsory disclosure of information by the
occupier.
S 41 C Specific responsibility of the occupier inrelation to
hazardous processes.
S 41 D. Power of central Government to appoint Inquiry
Committee .
S 41 E Emergency Standards
S 41 F Permissible limits of exposure of chemical and toxic
substances.
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S 41 G Workers’ participation in safety management.
S 41 H Right to workers to warn about imminent danger.
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Indian Environmental Legislations
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Prime Minister Indira Gandhi delivered a major speech at
the UN Conference on hueeman environment held in
Stockholm in June, 1973
India began enacting environmental laws thereafter.
Initially such laws were few.
The Bhopal gas tragedy of 1984 changed the situation.
Need to conserve environment and protect people was the
need of the hour.
In 1990’s India passed many laws covering new areas such
as hazardous waste ,vehicular emissions, noise,
transportation of toxic chemicals and environmental
assessment.
The laws included provisions such as public hearings,
citizen’s right to information, dead line for technology
changes (e.g), workers’ participation and penalties on
higher management of companies.
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Enforcing agencies (EG), Pollution Control Board received
greater powers.
Acts enacted:
Environment (Protection) Act, 1986
Hazardous Waste Rules (1989), Biomedical Waste Rule
(1998)
Recycled Plastic Manufacture and Usage Rules, 1999
Ozone depleting substances rules, 2000
Air (Prevention and Control of Pollution) Act, 1981
Water (Prevention and Control of Pollution) Act, 1974
Bharat Standard for Vehicular Emissions
Environmental Impact Assessment by Ministry of
Environment and Forests mandatory from 1994
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Environmental Impact Assessment (EIA) is a systematic
process to identity, predict, and evaluate environmental
effects of proposed actions and projects.
In India, an amended EIA notification was issued in 2006. EIA
is required for 30 types of projects and consists of four stages
including public consultation.
The Bharat Vehicle Emissions norms are being progressively
enforced in India.
Contribution of Mr M. C. Mehta, Advocate of Supreme Court
single handedly fought for environment protection. M.C.Mehta
Environmental Foundation for Protection of Environment
obtained more than 40 landmark judgments and numerous
oreders from Supreme Court on polluters. Bantala leather
complex is the result of Mr Mehta’s single handed fignt against
pollution of the Ganges.
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3.SAFETY AND REALTY BASED SECTORS
Rules framed :
Fire Protection & Safety Requirements for Assembly,
Institutional, Educational (more than two storied and where
built-up area exceeds 1000 sq. m), Business ( where plot
area exceeds 500 sq.m) mercantile (where aggregate
covered area rage, exceeds 750 sq.m) hotel, hospital,
nursing homes, underground complexes, industrial storage,
meeting/banquet halls, hazardous occupancies. Safety
measures in sub stations have been separately spelt out in
the rules.
SAFETY AND INFORMATION TECHNOLOGY SECTOR
With globalization and advancement through out,
countries formed platforms to modernize the laws to bring
uniformity world over. With the emergence of information
technology and information
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Technology Enabled Industries Model Code of Conduct was
evolved for safety of the industry and stakeholders.
The information Technology Act, 2000 was made effective
in India from 17/10/2000. The act provides legal
recognition to transactions carried out by means of
electronic communication, commonly referred to as “
electronic commerce” involving use of alternatives to
paper-based methods of communication and storage of
information, to facilitate electronic filing of documents with
Government agencies and further amend the IPC
Act,1860, the Indian Evidence Act, 1872, the Banker’s Book
of Evidence Act, 1891 and the RBI Act, 1934 and for
matters connected therewith or incidental thereto. The acts
have been amended and are in force.
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Computers are the back bone of all work. S 43(a) to (h) of
the IT Act,2000 includes provisions to protect computers.
Unauthorised use of computers is a crime. Ss 65 to 74 of
the Act deals with various offences. Contravention of the
Act is referred to as a cyber crime and are considered
cognizable and non-cognizable offences.
SAFETY AND INTELLECTUAL PROPERTY .
Industry gradually come to depend on intellectual property,
intellectual property rights . Stakeholders found that it was
necessary to be protected through safety provisions in the
laws. Laws on intellectual property were amended. The
laws are summarized as under;
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The Trade Mark Act, 1999 – Act to amend and consolidate
the law relating to trade marks, provide for registration
and better protection of trade marks for goods and services
and for prevention of use of fraudulent marks. Amended
Act came into effect from 15/9/2003.
The Patent Act, 1970 – Act to amend and consolidate the
law relating to patents .
The Copyright Act, 1957- Act to amend and consolidate the
law relating to copyright.
The Designs, Act, 2000 – Act to consolidate and amend the
law relating to protection of designs.
The Geographical Indications of Goods (Registrations and
Protection ) Act 1999. - Act to provide for the regulation
and better protection of geographical indications relating to
goods.
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The Protection of Plant Varieties And Farmers’ Rights
Rights Act, 2001.- Act to provide for the establishment of
an effective system for protection of plant varieties, rights
of farmers and plant breeders and encourage the
development of new varieties of plants.
The Semiconductor Integrated . Circuits Layout- Design
Act, 2000.- Act to provide for the protection of
semiconductor integrated circuits layout-designs and for
matters connected therewith or incidental thereto.
The Biological Diversity Act, 2002.- Act to provide for
conservation of Biological Diversity, sustainable use of its
components and fair and equitable sharing of the benefits
arising out of the use of biological resources., knowledge
and for matters connected therewith or incidental thereto.
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The above Acts provide safety for stakeholders. Unless
safety provisions included in the Acts are imposed strictly
the stakeholders are bound to suffer bringing untold
misery. Take the instance of pharma industry, if patented
formulas are not protected consumers would have to face
misery as spurious drug manufacturers would enter the
market and cause harm to the health of the society at
large.
Tagore’s songs would not survive had not Viswa Bharati
protected with the help of The Copyright Act,1957.
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SAFETY AND GENDER - SHWP
With the increase of women work force in industry there
have been instances which have compelled Government to
enact an act applicable to organisations to ensure safety for
women at work place. The Act, namely, the Sexual
Harassment of Woman at Work Place (Prevention Prohibition
and Redressal ) Act, 2013 came into effect from
19/12/2013. The act includes provisions on protection against
sexual harassment of women at work place and for the
prevention and redressal of complaints of sexual harassment
and for matters connected therewith or incidental thereto.
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Preamble to the Act reads, whereas sexual harassment in
work place was in the increase which resulted in violation
of the fundamental rights of a women to equality under
article 14 and 15 of the Constitution of India and her right
to life and to live with dignity under article 21 of the
Constitution and right to practice any profession or to carry
on any occupation trade or business which includes a right
to a safe environment free from sexual harassment.
The act provides for appointment of Internal Complaints
Committee under a Presiding Officer in organisations for
protection of women work force.The committee shall have
two members from amongst the work force, one member
from non- governmental organisations committed to the
cause of women. Not less than one half of the members of
the committee shall be women.
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SAFETY AND BANKING SECTOR.
Banking is an international industry and is a significant
player in the economy of the country. A strong economy
has a sound banking system. To ensure this Banks thought
it necessary to ensure safety to its depositors by seeing
that its net worth is not eroded due to non- performing
assets (NPAs). Hence the Government passed the
Securitization & Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 with Security
Interest (Enforcement) Rules 2002 w.e.f. 21/06/2002.
Commonly the Act is referred to as the SARFAESI ACT.
The preamble reads that it is an act to regulate
securitisation and reconstruction of financial assets and
enforcement of security interest and for matters connected
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therewith or incidental thereto. Through the proper
application of the Act, banks are expected to restrict NPAs so
that the depositors’ interest is protected and the economy is
not allowed to suffer. Even after passing of the Act, NPAs
continue to plague the PSU Banks. In recent times SBI and
UBI share prices were hit due to increase in NPA provisioning.
RBI is the regulatory authority of Banks and its policies ensure
the safety of interest of the stakeholders in the banking
industry.
SAFETY AND CAPITAL MARKET
In the early 90s the Indian capital market was shaken with
the Harshad Mehta scam and this caused the Government to
initiate an ordinance and The Securities Exchange Board of
India Act,1992 was promulgated through an Ordinance dated
20/2/1992. The SEBI Act was enforced to protect the
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capital market and the investors who had to incur huge losses
due to practices being followed. The Act was enacted to save
the capital market through regulations meant for the
participants.
 Preamble to the Act reads,, ` to protect the interest of
investors in securities and to promote the development of,
and to regulate, the securities market and the matters
connected therewith or incidental thereto.’, SEBI has
powers to announce regulations and in the interest of the
stakeholders more than 50 regulations have been
announced. Few of the prominent regulations in operation
are:
 (i), SEBI (Substantial Acquisition of Shares and Take Overs)
Regulations, 2011 which first came into force in 1994. The
regulation was announced to control take overs and M & A
activity for listed companies..
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(ii) SEBI(Stock Broker & Sub-Brokers) Regulation, 1992
notified to regulate activities of Brokers and Sub-Brokers
operating in the stock market.
(iii) SEBI (Prohibition of Insider Trading ) Regulations,1992
came into w.e.f 20/2/2002 to check insider trading in listed
securities in the interest of the capital market. Insider trading
convictions have been noticed in the US but India is yet to
experience such major issues though an Indian is convicted in
an insider trading case in US and the conviction for two years
has commenced .
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Food and Safety
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The Food Safety and Standards Act, 2006 with several rules
were passed. The object of the Act is to consolidate the
laws relating to food and establish the Food Safety and
Standards Authority of India for laying down science based
standards for articles of food and regulate manufacture,
storage, distribution, sale and import , ensure availability
of safe and wholesome food for human consumption and
for matters connected therewith or incidental thereto.
The Food Safety and Standards Rules, 2011
The Food Safety and Standards (Licensing and Registration
of Food Business) Regulations, 2011
The Food Safety and Safety Standards (Packaging and
Labelling) Regulations, 2011
The Food Safety and Standards (Food Products Standards
and Food Additives) Regulations, 2011
The Food Safety and Standards (Contaminants, Toxins and
Residues) Regulations, 2011
International Legal framework
UK & Other country laws
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In 1883, HM Factory Inspectorate was formed in the United
Kingdom to inspect factories and ensure prevention of
injury to child textile workers.
In 1840 a Royal Commission published its findings on the
state of conditions for the workers of the mining industry.
The commission sparked public outrage which resulted in
the Mines Act of 1842.
The act set up an inspectorate for mines and collieries
which resulted in many prosecutions and safety
improvements by 1850.
Otto von Bismarck inaugurated the first social insurance
legislation in 1883 and the first worker’s compensation law
in 1884 – the first of their kind in the Western world.
Similar acts followed in other countries, partly in response
to labor unrest
The Corporate Manslaughter and Corporate Homicide Act,
2007 came into force for prosecuting companies failing to
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US Law
The Law Enforcement Officers Safety Act, 2004
 Maryland Firearm Safety Act of 2013
These are some to the laws passed in US for protection of the
people in the country.
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Other Country Law
The General Product Safety Directive (GPSD) aims at ensuring
that only safety consumer products are sold in the EU.
China Food Safety Law
Food Safety Law was adopted in 2009.
Conclusion
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Advancement of business is dependent on technology. This
has caused several legislations on safety to be passed.
While enactment of laws is significant, implementation of
the same is more important to be safe at work place.