In exercise of the
powers conferred by Sub-section (1) of Section 112 read with Sub-Section (2) of
Section 40-B of the Factories Act, 1948, (63 of 1948) and of all other powers
enabling it in this behalf, the Government of Maharashtra hereby makes the
following rules, the same having been previously published as required by
Section 115, namely- (1)
These
Rules may be called the Maharashtra Safety Officers (Duties, Qualifications and
Conditions of Service) Rules, 1982. (2)
They
extend to the whole of the State of Maharashtra. In these rules unless the context requires
otherwise- (1)
"appointed
day" means the date of coming into force of these rules; (2)
"degree"
means the degree of a statutory university; (3)
"diploma"
means a diploma awarded by a recognised institution; (4)
"Form"
means a form appended to these rules; (5)
"Government"
or "State Government" means the Government of Maharashtra; (6)
"recognised
institution" means an Institution recognised by Government; (7)
"Safety
Officer", means a Safety Officer, and includes an Additional Safety
Officer, appointed in accordance with the provisions of these rules). (1)
A
person shall not be eligible for appointment as a Safety Officer unless he- (a)
possesses
a degree in any branch of engineering or technology, and practical experience
of working in any factory in a supervisory capacity for a period of not less
than two years, or experience of not less than five years in training
education, consultancy or research in accident prevention in any industry; or (b)
Possesses,- (i)
a
degree in physics or chemistry or a diploma in any branch of engineering or
technology; and (ii)
practical
experience of working in any factory in a supervisory capacity for a period of
not less than five years; and (c)
possesses
adequate knowledge of Marathi language. (2)
No
person shall be continued as a Safety Officer unless he possesses any of the
requisite qualifications prescribed in Sub- rule (1) and a diploma in
industrial safety, or obtains such qualifications or a diploma within the
period of not more than three years from the appointed day or within such
period thereafter as the State Government may by notification in the Official
Gazette fix from time to time: Provided that the State Government may,
subject to such conditions as it may specify, relax all or any of the requisite
qualifications mentioned in Sub-rules (1) and (2) in favour of any person who
has been working as a Safety Officer in any factory for a period of not less
than five years on the appointed day and who, in the opinion of the State
Government, possess such practical experience as may be sufficient for his
serving as a Safety Officer. (3)
No
person, who is directly or indirectly interested in any factory or in any
patent, or machinery connected with it, shall be appointed as a Safety Officer
or shall be allowed to hold such office after he becomes so interested. Explanation:- For the purposes of this
sub-rule, any person holding less than two per cent of the shares of a company
owning the factory shall not be deemed to be directly or indirectly so
interested. Every occupier, when required by the State
Government by notification in the Official Gazette issued under Sub-section (1)
of Section 40B of the Factories Act, 1948, shall, within a period of six months
from the date of publication of that notification appoint the requisite number
of Safety Officers as specified in that notification: Provided that the Chief Inspector of
Factories may, on an application in writing made by an occupier, extend the
period by not more than six months for making such appointments. (1)
The
post of Safety Officer to be filled in any factory shall be advertised in at least
two newspapers circulating in the region in which the factory is situated, out
of which one newspaper shall be in English language. (2)
The
selection shall be made from amongst the candidates applying for the post, by a
Committee of persons appointed by the occupier of the factory. (3)
The
appointment when made, shall be notified by the occupier to the Chief Inspector
of Factories or such other Officer as he may specify for the purpose, giving
full details of the qualifications of the person appointed and the conditions
of the service applicable to him. Every vacancy in the post of Safety Officer
caused by death, dismissal or discharge of the person holding such post or by
any other cause, shall be forthwith notified by the occupier to the Chief
Inspector of Factories or such other officer as he may specify for the purpose,
and shall be filled up within three months of the occurrence of the vacancy: Provided that the Chief Inspector of
Factories may, on an application in writing made by the occupier, extent the
period by not more than three months for filling up such vacancy. (1)
Where
the number of Safety Officers to be appointed in a factory as required by the
notification under Sub-section (1) of Section 40-B of the Factories Act, 1948,
published in the Official Gazette, exceeds one, the senior most amongst them
shall be designated as Safety Officer, and for administrative purposes, the
remaining others shall be called as Additional Safety Officers who shall work
under the control of the Safety Officer, and all of them together shall be in
overall control of safety functions specified in Rule 8. (2)
The
Safety Officer shall be given the status of the Head of Department and he shall
work directly under the control of the Chief Executive of the factory and the
Additional Safety Officers shall be equated with and given appropriate status
to enable them to discharge their functions effectively. (3)
The
scale of pay and the allowances to be granted to the Safety Officer including
the additional Safety Officers, and other conditions of their service shall be
the same as those of the other officers of corresponding status in the factory. (4)
The
Safety Officer shall be provided with adequate technical and secretarial staff and
equipment, to enable him to function efficiently. (5)
Whenever
any occupier intends to dismiss or terminate the Services of any Safety
Officer, he shall communicate in advance his intention to do so and the reasons
for such dismissal or termination of services to the Chief Inspector of
Factories. The occupier shall not take any action for such dismissal or
termination of service before the expiry of 30 days from the date of
receipt of the communication by the Chief Inspector of Factories and without taking
into consideration any advice rendered by him within the said period. (1)
The
duties of a Safety Officer shall be to advise and assist the factory management
in the fulfillment 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
of the effective control of personal injuries; (ii)
to
advise on safety aspects in all job studies and to carry out detailed job
safety studies of selected jobs; (iii)
to
check and evaluate the effectiveness of action taken or proposed to be taken to
prevent personal injuries; (iv)
to
advise the purchasing and stores departments in ensuring high quality and
availability of personal protective equipments; (v)
to
advise on matters related to carrying out plant safety inspections; (vi)
to
carry out plant safety inspections in order to observe the physical conditions
of work and the work practices and procedures followed by workers and to render
advice on measures to be adopted for removing the unsafe physical conditions
and preventing unsafe actions by workers; (vii)
to
render advise on matters related to reporting and investigation of
industrial accidents and diseases; (viii)
to
investigate selected accidents; (ix)
to
investigate the dangerous occurrences reportable under Rule 115 of the
Maharashtra Factories Rules, 1963 and the cases of Industrial diseases
contracted by any of the workers employed in the factory reportable under rule
116 of the (said rules): (x)
to
advise on the maintenance of such records as are necessary relating to
accidents, dangerous occurrences and industrial diseases; (xi)
to
promote setting up of safety committees and act as adviser to such committees; (xii)
to
organise in association with the concerned departments, campaigns,
competitions, contests and other activities, which will develop and maintain
the interest of the workers in establishing and maintaining safe conditions of
work and procedures; and (xiii)
to
design and conduct either independently or in collaboration with the training
department, suitable training and educational programmes for the prevention of
personal injuries. (2)
No
Safety Officer shall be required or permitted to do any work which is
inconsistent with or detrimental to the performance of the duties mentioned in
Sub-rule (1). MAHARASHTRA SAFETY OFFICERS
(DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE) RULES, 1982
PREAMBLE