When it comes to legal provisions for employee safety, organizations need to adhere to relevant laws and regulations to ensure the well-being and protection of their employees. While specific legal requirements may vary depending on the jurisdiction,
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| Effective Workplace Safety Management |
Here are some common legal provisions that organizations should consider for effective employee safety:
1. Occupational Health and Safety Act/Regulations:
• Comply with the applicable occupational health and safety (OHS) legislation and regulations specific to your jurisdiction.
• Ensure that your organization meets the minimum requirements outlined in the OHS act, including providing a safe work environment, training employees on safety protocols, and maintaining records.
2. Workplace Hazard Assessments:
• Conduct regular workplace hazard assessments to identify potential risks and hazards.
• Document the assessment process and ensure that appropriate control measures are implemented to mitigate identified risks.
3. Personal Protective Equipment (PPE):
• Determine the PPE required for different job roles based on hazard assessments.
• Provide appropriate PPE to employees and ensure its proper use, maintenance, and replacement as necessary.
4. Safe Work Practices and Procedures:
• Develop and enforce safe work practices and procedures that address specific hazards and risks in the workplace.
• Ensure employees are trained on these practices and procedures and monitor compliance.
5. Training and Education:
• Provide comprehensive safety training to employees, including new hires and existing staff.
• Cover topics such as hazard identification, emergency response procedures, proper use of equipment, and safe work practices.
6. Incident Reporting and Investigation:
• Establish a process for reporting and investigating workplace incidents, accidents, and near-miss events.
• Ensure that incidents are thoroughly documented, investigated, and appropriate corrective actions are taken.
7. Emergency Preparedness:
• Develop and communicate emergency response plans, including evacuation procedures, first aid protocols, and contact information for emergency services.
• Conduct regular drills and training to ensure employees are prepared to respond to emergencies effectively.
8. Safety Committees and Employee Involvement:
• Establish safety committees or involve employees in safety-related initiatives.
• Encourage employees to actively participate in safety programs, report hazards, and contribute ideas for improvement.
9. Inspections and Audits:
• Conduct regular inspections and audits to assess compliance with safety standards and identify areas for improvement.
• Address any deficiencies identified during inspections and take corrective actions promptly.
10. Recordkeeping and Documentation:
• Maintain accurate records related to safety, including incident reports, hazard assessments, training records, and safety program documentation.
• Ensure that records are readily accessible and kept for the required period as stipulated by applicable laws.
11. Regulatory Reporting and Notifications:
• Comply with any requirements for reporting workplace incidents or accidents to regulatory authorities as mandated by local regulations.
• Notify relevant authorities of workplace hazards or dangerous occurrences, if required.
It is important to consult with legal professionals or occupational health and safety experts familiar with the specific laws and regulations in your jurisdiction to ensure full compliance with legal provisions for employee safety.
Legal Provisions
The Factories Act,1948 (Act No. 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), served to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. It dealt with various problems concerning safety, health, efficiency and well-being of the persons at work places. It was replaced by the Occupational Safety, Health and Working Conditions Code, 2020.
The Act is administered by the Ministry of Labour and Employment in India through its Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and by the State Governments through their factory inspectorates. DGFASLI advises the Central and State Governments on administration of the Factories Act and coordinating the factory inspection services in the States.
The main focus of Factories Act is towards the Health benefits to the workers. Health Chapter of the Act contains specification from Section 11 to 20. Detailed information of the sections of is provided as under:
Section 11:
This section basically specifies the issues of cleanliness at the workplace. It is mentioned in the provision that every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. This includes that there should be no accumulation of dirt and refuse and should be removed daily and entire area should be kept clean.
Section 12:
This section specifies on disposal of wastes and effluents. That every factory should make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous and for their disposal.
Section 13:
This section focuses on ventilation and temperature maintenance at workplace. Every factory should work on proper arrangements for adequate ventilation and circulation of fresh air.
Section 14:
This section details on the proper exhaustion of dust and fume in the Factory. In this it is mentioned that factory which deals on manufacturing process should take care of the proper exhaustion of dust, fume and other impurities from its origin point.
Section 15:
This section specifies regarding the artificial humidification in factories. In this the humidity level of air in factories are artificially increased as per the provision prescribed by the State Government.
Section 16:
Overcrowding is also an important issue which is specified in this section. In this it is mentioned that no room in the factory shall be overcrowded to an extent that can be injurious to the health of workers employed herein.
Section 18:
This section specifies regarding arrangements for sufficient and pure drinking water for the workers. There are also some specified provisions for suitable point for drinking water supply. As in that drinking water point should not be within 6 meters range of any washing place, urinal, latrine, spittoon, open drainage carrying effluents. In addition to this a factory where there are more than 250 workers provisions for cooling drinking water during hot temperature should be made.
Section 19:
This section provides details relating to urinals and latrine construction at factories. It mentions that in every factory there should be sufficient accommodation for urinals which should be provided at conveniently situated place. It should be kept clean and maintained. There is provision to provide separate urinals for both male and female workers.
Section 20:
This section specifies regarding proper arrangements of spittoons in the factory. It is mentioned that in every factory there should be sufficient number of spittoons situated at convenient places and should be properly maintained and cleaned and kept in hygienic condition.
The Factories Act, 1948 also provides provisions relating to safety measures for the workers employed herein. This is to ensure safety of workers working on or around the machines. The detailed information on each provision relating to safety measures is as under:
Section 17:
Under section it has been described that there should be proper arrangement of lighting in factories. In every part of the factory where workers are working or passing should be well equipped with lighting arrangement either by natural sources or artificial sources.
Section 21:
This section specifies that fencing of machinery is necessary. That any moving part of the machinery or machinery that is dangerous in kind should be properly fenced.
Section 23:
This section prescribes that employment of young person on dangerous machinery is not allowed. In the case where he is been fully instructed in the usage of the machinery and working under the supervision he might be allowed to work on it.
Section 24:
This section provides provision of striking gear and devices for cutting off power in case of emergency. Every factory should have special devices for cutting off of power in emergencies from running machinery. Suitable striking gear appliances should be provided and maintained for moving belts.
Section 28:
This section prohibits working of women and children on specific machinery. As per this section women and children should not be appointed for any part of factory working on cotton pressing.
Section 32:
In this section it has been specified that all floors, stairs, passages and gangways should be properly constructed and maintained, so that there are no chances of slips or fall.
Section 34:
This section specifies that no person in any factory shall be employed to lift, carry or move any load so heavy that might cause in injury. State Government may specify maximum amount of weight to be carried by workers.
Section 35:
This section provides specification regarding safety and protection of eyes of workers. It mentions that factory should provide specific goggles or screens to the workers who are involved in manufacturing work that may cause them injury to eyes.
Section 36:
As per this section it is provided that no worker shall be forced to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby.
Section 38:
As per this section there should be proper precautionary measures built for fire. There should be safe mean to escape in case of fire, and also necessary equipments and facilities to extinguish fire.
Section 45:
This section specifies that in every factory there should be proper maintained and well equipped first aid box or cupboard with the prescribed contents. For every 150 workers employed at one time, there shall not be less than 1 first aid box in the factory. Also in case where there are more than 500 workers there should be well maintained ambulance room of prescribed size and containing proper facility.
