Factories Act for Safety Officer

posted by Rajesh

Sunday, 17 July 2016

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Rule prescribed under Section 40-B

69. Safety Officers

 (1) Qualifications

(a) (a) A person shall not be eligible for appointment as a Safety Officer unless he –

(i) possesses -

(aa) a recognised degree in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 2 years; or

(bb) (bb) a recognised degree in physics or chemistry and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years; or

(cc) (cc) a recognised diploma in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years;

(ii) possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; and

 (iii) has adequate knowledge of the language spoken by majority of the workers in the region in which the factory where he is to be appointed is situated?

(b) Notwithstanding the provisions contained in clause (a), any person who

(i) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years in a department of the Central or State Government which deals with the administration of the Factories Act, 1948 or the Indian Dock Labourers Act, 1934; or

(ii) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years, full time,on training, education, consultancy, or research in the field of accident prevention in industry or in any institution;

shall also be eligible for appointment as a Safety Officers :

Provided that the Chief Inspector may, subject to such conditions as may specify, grant exemption from the requirements of this sub-rule, if in his opinion, a suitable person possessing the necessary qualifications and experience is not available for appointment.

Provided further that, in the case of a person who has been working as a Safety Officer for a period of not less than 3 years on the date of commencement of this rule, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications.

(2) Conditions of service

(a) (a) Where the number of Safety Officers to be appointed in a factory as required by a notification in the Official Gazette exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (3), the other Safety Officers working under his control.

(b) (b) The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed,shall be given the status of a senior executive and he shall work directly under the control of the chief executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.

(c) (c) The scale of pay and the allowances to be granted to the Safety Officers including the Chief Safety Officer, and the other conditions of their service shall be the same as those of the other officers of corresponding status in the factory.

(d) (d) In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the State Government whose decision there on shall be final.

(3) Duties of Safety Officers

(a) (a) The duties of a Safety Officer shall be to advise and assist the factory management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following, namely -

(i) to advise the concerned departments in planning and organising measures necessary for the effective control of personal injuries;

(ii) (ii) to advise on safety aspects in all job studies, and to carry out detailed job safety studies of selected jobs;

(iii) (iii) to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;

(iv) (iv) to advise the purchasing and stores departments in ensuring high quality and availability of personal protective equipment;

(v) (v) to provide advice on matters related to carrying out plant safety inspections;

(vi) (vi) to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;(vii)

(vii) to render advice on matters related to reporting and investigation of industrial accidents and diseases;

(viii) (viii) to investigate selected accidents;

(ix) (ix) to investigate the cases of industrial diseases contracted and dangerous occurrences reportable under rule 121;

(x) (x) to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases;

(xi) (xi) to promote setting up of safety committees and act as adviser and catalyst to such committees;

(xii) (xii) to organise in association with the concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and 

(xiii) (xiii) to design and conduct either independently or in collaboration with the training department, suitable training and educational programme for the prevention of personal injuries.

(1) (4) Facilities to be provided to Safety Officers. - An occupier of the factory shall provide each Safety Officer with such facilities, equipment and information as are necessary to enable him to discharge his duties effectively.

(2) (5) Prohibition of performance of other duties. - No safety Officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (3).

Tag : Engineer, Safety, Safety Engineer, Safety Officer