[MAHARASHTRA FACTORIES (OCCUPATIONAL
SAFETY AND HEALTH AUDIT) RULES, 2012][1]
In exercise of the
powers conferred by section 112 read with section 41 of the Factories Act, 1948
(63 of 1948) and of all other powers enabling it in that behalf; the Government
of Maharashtra hereby makes the following rules further to amend the
Maharashtra Factories Rules, 1963, after the same having being previously
published as required by section 115 of the said Act, namely: (1)
These
rules may be called the Maharashtra Factories (Occupational Safety and Health
Audit) Rules, 2012. (2)
They
shall apply to the following categories of factories, namely:- (i)
Category
I Factories, (ii)
Category
II Factories, (iii)
Category
III Factories, (1)
In
these rules unless the context requires otherwise, (i)
"Act"
means the Factories Act, 1948 (63 of 1948); (ii)
"Degree"
means the degree of a statutory university recognized by University Grant
Commission; (iii)
"Diploma"
means a diploma awarded by a statutory university or a recognized institution; (iv)
"Form"
means a form appended to these rules; (v)
"Government"
or "State Government" means the Government of Maharashtra; (vi)
"Occupational
Safety and Health Audit" means a systematic, objective assessment and
documental evaluation of the occupational safety and health systems, practices,
operations and procedures in and pertaining to a factory; (vii)
"Occupational
Safety and Health Auditor" means a person recognized by the
Recognition-cum-Revocation Committee under these rules as an occupational
safety and health auditor Grade I, II or III as specified in Schedule II, to
carry out occupational safety and health audits in accordance with these rules; (viii)
"Schedule"
means the Schedule appended to these rules; (ix)
"Section"
means section of the Act; (x)
"Hazardous
Chemical" means any chemical as defined in Sub-Rule (a) of Rule 2 of
Maharashtra Factories (Control of Industrial Major Accident Hazards) Rules,
2003; (xi)
"Category
I Factories" means factories defined under rule 2(d) of The Maharashtra
Factories (Control of Industrial Major Accident Hazards) Rules, 2003 and
includes the factories which involve the use, storage, handling or processing
of hazardous chemicals or wherein such hazardous chemicals are likely to be
generated or given out; (xii)
"Category
II Factories" means factories carrying out manufacturing process with the
aid of power excluding Category I Factories; (xiii)
"Category
III Factories" means factories carrying out manufacturing process
excluding Category I Factories, Category II Factories; (xiv)
"Recognition-cum-Revocation
Committee" means a committee formed for recognition of occupational safety
and health auditors chaired by the Secretary, Labour, Government of Maharashtra
and having the following members: (a)
One
expert from Directorate General Factory Advice Service and Labour Institute,
Mumbai. (b)
Director,
Directorate of Industrial Safety and Health, Mumbai, as a member-Secretary. (c)
One
representative of employers from associations of large scale industries, and
one representative of employers from associations of small scale industries,
appointed by the Chairman. (xv)
"Training
Institute Approval Committee" means a committee formed for giving
approvals to institutes for conducting pre-training and refresher training for
occupational safety and health auditors, chaired by Secretary in charge,
Labour, Industries, Energy and Labour Department, Government of Maharashtra and
having the following members: (a)
Two
representatives from institutes with expertise in occupational safety and
health training, as appointed by the Chairperson; (b)
Director,
Directorate of Industrial Safety and Health, as member secretary; (c)
One
representative from Non-Government Organisation such as Indian Occupational
Health Association or Indian Chemical Council etc. which are empanelled by
Recognition-cum-Revocation Committee; (xvi)
"Institution"
means a firm, association, body, corporate, society or a trust, whether
registered in accordance with the law for the time being in force or not, and
dealing mainly with the object of ensuring safety and health of workers engaged
in factories. (2)
Words
or expressions used but not defined herein, shall have their respective
meanings as assigned to them in the Act. (3)
The
occupier of the category of a factory as mentioned in sub-rule (2) of rule 1
shall arrange to carry out an occupational safety and health audit as follows: (a)
internally,
at intervals not exceeding twelve months by factory staff, (b)
externally,
at intervals not exceeding twenty four months by an occupational safety and
health auditor: Provided that, for a period of twelve months
after an external audit is carried out, it is not necessary to carry out an
internal audit and the occupier of the factory shall have exclusive and total
right to choose an eligible occupational safety and health auditor from the
list of occupational safety and health auditor recognized by the
Recognition-cum-Revocation Committee under these rules: Provided further that, in case of any
changes, total or partial, in the manufacturing process likely to affect
occupational safety and health in the factory, the occupier shall, within one
month from such change, arrange for an external occupational safety and health
audit by an occupational safety and health Auditor. (4)
An
occupational safety and health audit shall be carried out as per IS 14489:1998
the Indian Standard Code of Practice on Occupational Safety and Health Audit or
any up-dated version of this standard prevailing at the relevant time, except
for Category III Factories which will be carried out in accordance with the
guidelines provided in SCHEDULE I of these Rules. (5)
(1)
The Recognition-cum-Revocation Committee may recognize any person possessing
the qualifications, experience and other requirements as prescribed in clause
(A)(2), (A)(3), (B) and (C) of the SCHEDULE II hereto as an occupational safety
and health Auditor [Grade II and Grade III] for the purpose of carrying out an
occupational safety and health audit: (2) The Recognition-cum-Revocation Committee
may recognize any institution, employing at least four persons possessing the
qualifications, experience and other requirements as prescribed in clause
(A)(1), (B) and (C) of SCHEDULE II as a occupational safety and health auditor
[Grade I] for the purpose of carrying out occupational safety and health audits
as provided by these rules. Provided that where the institute to which
such recognition has been granted ceases to employ at least four persons
possessing the qualifications, experience and other requirements prescribed in
the SCHEDULE II, the recognition granted to such institution shall stand
discontinued. (6)
(1)
An application for grant or renewal, of certificate of recognition as a
occupational safety and health Auditor for carrying out occupational safety and
health audits shall be made to the Member Secretary, Recognition-cum-Revocation
Committee, by an individual in Form A1, and by an institution in Form A2. (2) Every application under sub-rule (1)
shall be accompanied by,- (a)
a
Treasury Challan/Cheque/Demand Draft/Pay Order drawn in favour of
"Director Industrial Safety and Health" towards a non-refundable
processing fee of ` 30,000/- in case of an institution (Occupational
Safety and Health Auditor Grade I) and for an individual for Occupational
Safety and Health Auditor Grade II - ` 10,000/-; Grade III
- ` 3,000/-. (b)
a
general medical certificate of health and fitness issued by any Government
Civil Surgeon or Certifying Surgeon. (c)
attested
copies of educational qualification. (3) On receipt of an application duly made in
accordance with these rules, the Secretary of the Recognition-cum-Revocation
Committee shall register such application immediately. (4) The Recognition-cum-Revocation Committee
shall conduct a written test with a maximum total of 80 marks and interview
with a maximum total of 20 marks for all applicants on dates as determined by
the Committee from time to time. (5) An applicant shall secure a minimum of 40
marks in the written test and a minimum 10 marks in interview for qualifying as
an occupational safety and health Auditor. (6) A Recognition-cum-Revocation Committee
may issue a certificate of recognition to the qualified individual in Form B
and to a qualified institution in Form C within a period of one month from the
date of interview. (7) The recognition granted under sub-rule
(3) shall be valid for two years from the date of issue of the Certificate of
Recognition. (7)
The
Recognition-cum-Revocation Committee shall issue a recognition certificate as
an occupational safety and health Auditor subject to following conditions: (i)
An
occupational Safety and Health Auditor shall maintain a log book of all
occupational safety and health audits undertaken indicating the name and
address of the audited undertaking, contact persons, date of the audit and
dates of submission of the audit report to the undertaking and to the
Directorate of Industrial safety and health, respectively. It shall be produced
as and when required by officers of the Directorate of Industrial Safety and
Health. (ii)
An
occupational safety and health Auditor shall not conduct an occupational safety
and health audit of any factory where that auditor is employed, or is an
occupier, partner, director, or manager of such factory, or of any factory
owned, operated, managed, or conducted by immediate family members, wherein
such auditor has any direct or indirect interest whatsoever. An auditor shall
also not carry out an occupational safety and health audit of those factories
to which that auditor supplies any plant, machinery, raw material, safety
equipments or other materials, equipment or services. (iii)
An
occupational safety and health Auditor shall not disclose, even after ceasing
to be a recognized auditor, any manufacturing or commercial secrets or working
processes or other confidential information which may come to his knowledge in
the course of his duties as an auditor. Any failure in this regard may make
such auditor liable for criminal or civil proceedings, in accordance with the
law for the time being in force. (iv)
(a)
An institution recognized as occupational safety and health Auditor Grade I
shall conduct occupational safety and health audits in any category of factory. (b) An occupational safety and health Auditor
Grade II shall conduct occupational safety and health audits only in Category
II factories and Category III factories. (c) An occupational safety and health Auditor
Grade III shall conduct occupational safety and health audit of only Category
III factories. (v)
If
during an occupational safety and health audit if auditor finds any imminent
danger, such auditor shall within four hours of the danger coming to the
auditor's knowledge communicate the imminent danger to the occupier and the
officer of the Directorate of Industrial Safety and Health of the area
concerned. (vi)
In
conducting an occupational safety and health audit, Grade I and II auditors
shall be guided by the standards and procedures set out in IS 14489:1998. Grade
III auditors shall follow the guidelines set out in SCHEDULE I. (vii)
An
occupational safety and health Auditor shall inform in writing to the Officer
of the Directorate of Industrial Safety and Health of the area concerned, as
soon as reasonably possible after receiving confirmation that an audit is to be
conducted in that area. (viii)
In
case of an institution, it shall carry out an occupational safety and health
audit through only employees declared in its Application Form for Recognition
and who have individually been recognized by the Recognition-cum-Revocation
Committee. (8)
(1)
The application for renewal of recognition as an occupational safety and health
Auditor shall be made at least three months prior to the expiry of the period
of recognition. (2) An applicant applying for renewal of
recognition as an occupational safety and health Auditor shall be subjected to
an interview by the Recognition-cum-Revocation Committee with a maximum score
of 20 marks. An applicant securing a minimum of 10 marks will be eligible for
renewal of recognition as an occupational safety and health Auditor. (3) An applicant shall not be eligible for
renewal of recognition as an occupational safety and health auditor if,- (i)
the
Recognition-cum-Revocation Committee has revoked that auditor's recognition at
any time during the last 3 years, (ii)
the
occupational safety and health auditor has not carried out at least three
occupational safety and health audits during the past two years, (iii)
the
occupational safety and health Auditor has, after every two years, not
successfully completed a refresher training on occupational safety and health
audits from an institute approved by the 'Training Institute Approval
Committee'; and (iv)
the
occupational safety and health Auditor has violated any of the conditions
subject to which a Recognition Certificate as an Occupational Safety and Health
Auditor has been issued. (9)
(1)
The Recognition-cum-Revocation Committee may revoke a certificate of
recognition as an occupational safety and health Auditor, if that auditor has
violated any of the conditions stipulated under these rules or in the
Certificate of Recognition as an Occupational Safety and Health Auditor. (2) The Certificate of Recognition as an
Occupational Safety and Health Auditor shall be revoked only after giving a
reasonable opportunity to the concerned auditor of being heard by the
Recognition-cum-Revocation Committee. (3) The Recognition-cum-Revocation Committee
shall communicate to the Occupational Safety and Health Auditor about the
commencement of the proceedings to discuss that auditor's revocation, along
with the date of such proceedings, and inviting the concerned auditor to
present his or her case. (4) The Recognition-cum-Revocation Committee
shall decide the matter within three months from communicating the commencement
of proceedings to the Occupational Safety and Health Auditor. Provided if the Committee does not decide on
the revocation of the affected Occupational Safety and Health Auditor within
three months, the affected person shall be treated as a 'recognised
occupational safety and health auditor' for the remainder of the period for
which his current recognition certificate remains valid. (10)
The
Occupational Safety and Health Auditor shall within one month from the date of
completion of an occupational safety and health audit forward to the occupier
of the factory an occupational safety and health audit report, including any
recommendation concerning the improvement of occupational safety and health
conditions in that factory. (11)
(i)
The Occupier shall submit the Occupational Safety and Health Audit Report in
proforma in Schedule III. The occupier shall, within thirty days of the receipt
of the occupational safety and health audit report, forward the same to the
concerned Office of the Directorate of Industrial Safety and Health, along with
the action taken by the occupier pursuant to the recommendations made in the
occupational safety and health audit report. (ii) On scrutiny of the Occupational Safety
and Health Audit Report, if it is found that the audit has not been carried out
satisfactorily in accordance with rule 3, officers of the Directorate of Industrial
Safety and Health shall communicate the discrepancies to the occupier and the
Occupational Safety and Health Auditor, and shall direct the occupier to carry
out a re-audit only with respect to the discrepancies pointed out by the
officer of the Directorate of Industrial Safety and Health. Such re-audit shall
be completed within thirty days from the date of such direction to the
occupier. (12)
(i)
A training institute shall apply for approval to the Training Institute
Approval Committee in accordance with Form D. (ii) Every application under sub-rule (1)
shall be accompanied by a Treasury Challan/Cheque/Demand Draft/Pay Order drawn
in favour of "Director Industrial Safety and Health" towards a
non-refundable processing fee of ` 30,000. (iii) The Training Institute Approval
Committee on approval of an institute's application shall issue an approval
certificate as in Form E. (iv) In support of its application a training
institute is required to have the following staff and facilities: (a)
At
least three full-time lecturers with qualification required for a Grade I,
Occupational Safety and Health Auditor as specified in SCHEDULE II. (b)
Space,
either owned or rented sufficient for the comfortable seating of at least 30
trainees together with suitable furniture, (c)
Training
equipment including LCD projector and computer, transparent boards, and relevant
training materials. (v) The syllabus and period of training for
occupational safety and health auditors shall be as decided from time to time
by the Training Institute Approval Committee for each grade of occupational
safety and health auditor. (vi) There shall not be more than 30 trainees
in any refresher training course for occupational safety and health auditors. (vii) Recognition given by the Training
Institute Approval Committee shall be valid for five years. (viii) The Training Institute Approval
Committee shall have the powers to inspect a training institute for the
verification of staff and facilities available at that institute. (ix) The Training Institute Approval Committee
may revoke the recognition given to a training institute if that institute does
not continue to have the staff and facilities as prescribed in these rules. (13)
The
rule 12 shall not apply to Director General, Factory Advise Service and Labour
Institutes under Ministry of Labour and Employment, Government of India. (14)
The
factories having valid OHSAS (18001:2007) certificate are exempted from
operation of these rules. (15)
Application
for the Authorisation of Occupational Safety and Health Auditor shall be made
online only. (See Rule 4) Guidelines for art
Occupational Safety and Health Audit for a Category III Factory (a)
Occupational
safety and health auditor shall follow the methodology prescribed under IS
14489:1998. (b)
Occupational
safety and health auditor shall carry OSH audit only pertaining to only
following points as stipulated in IS 14489:1998: (a)
Accident
Reporting, Investigation and Analysis (b)
Safety
Inspections (c)
Safety
Education and Training (d)
First
Aid (e)
General
Working Conditions (f)
Hazard
Identification and Control (Including safe operating procedures) (g)
Work
Permit System (h)
Personal
Protective Equipment (PPE) (i)
Fire
Protection (j)
Emergency
Preparedness (k)
Plan
Layout and Area Classification (l)
Static
Electricity (m)
Access (n)
Material
Handling (o)
Transportation (See rule 5) (A)
(1)
The institution being recognised as Occupational Safety and Health Auditor
Grade-I must employ four persons possessing qualification in Chemical,
Mechanical. Electrical and Electronics or Instrumentation Engineering and shall
possess the following experience, etc.:- The applicant shall hold the Academic
Qualification and Experience as specified in classes (a) or (b) below:- (a)
(i)
Degree in either chemical, mechanical, electrical, electronics, or
instrumentation branch of Engineering and having seven years experience either
in manufacturing, maintenance, design, project or safety department of chemical
factory in the supervisory or above capacity; and (ii) One year full time Diploma in Industrial
Safety recognized by the Board of Technical Education or All India Council of
Technical Education or recognized University, or (b)
degree
in either chemical, mechanical, electrical, electronics, or instrumentation
branch of Engineering and having seven years experience in the Directorate of
Industrial Safety and Health or DGFASLI or NSC as a Assistant Director or
higher capacity above. (2) The applicant, for being recognized as
Occupational Safety and Health Auditor, Grade-II, shall possess the following
qualifications and experience, etc.: (i)
Degree
of bachelor of science with Physics and/or Chemistry or Diploma in either
Mechanical, Electrical Electronics, Chemical or Instrumentation Engineering
having five years experience either in manufacturing, maintenance, design,
project or safety department of any industry in the supervisory or higher
capacity; or Degree in fire engineering from National Fire Service College,
Nagpur with five years experience in industries in the field of fire safety and (ii)
One
year full time Diploma in Industrial Safety recognized by the Board of Technical
Education or All India Council of Technical Education or by a recognized
University. (3) The applicant, for being recognized as
Occupational Safety and Health Auditor Grade-III, shall possess a- (A)
Degree
of Bachelor of Science with Physics and/or Chemistry or Diploma in either
Mechanical, Electrical Electronics, Chemical or Instrumentation Engineering
having five years experience in one or more than department of a Factory
manufacturing, maintenance, design, project or safety of any industry in the supervisory
or above capacity; and (B)
Age
shall riot be more than 70 years and a fitness certificate shall be submitted
from Medical Practitioner after completion of 60 years. (C)
Pre-Training.-
The applicant must have successfully completed pre-training on Occupational
Safety and Health Audit conducted by an institution approved by 'Training
Institution Approval Committee'. (See rule 11) Proforma
of Occupational Safety and Health Audit Report (1) Name of the factory, (2) Name of the Occupier, (3) Name of the Manager, (4) Date of Audit, (5) List of raw material
with maximum quantity storage, (6) List of finished
products with maximum quantity storage, (7) Manufacturing Process
flow chart, (8) PI Diagram of ail
plants (Chemical Factories), (9) Name of the OSHA
Auditor and Authorization No., (10) Enclosed OSHA audit
report as per IS 14489, (11) I undertake to submit
the action taken report on recommendations of OSHA audit on or
before_____________. Signature of OSHA Auditor Signature of the Occupier Date:MAHARASHTRA FACTORIES
(OCCUPATIONAL SAFETY AND HEALTH AUDIT) RULES, 2012
PREAMBLE