(Part 4 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

CHAPTER 12

Provisions relating to Occupation Safety and Health

78. Special provisions relating to Occupational Safety and Health

  1. The safety and health standard of the enterprises engaged in the activities relating to the following matters shall be as prescribed:

a.) Provisions relating to protection of eyes;

b.) Provisions relating to protection from chemical substances;

c.) Provisions relating to operation of pressure plant;

d.) Provisions relating to safeguard of machines;

e.) Provisions relating to lifting of load; and

f.) Any other provision

2. Provisions relating to the inspection of pressure plant and boiler shall be as prescribed.

3. Other provisions relating to the information about the establishment of any enterprise and Occupational Safety and Health shall be as prescribed.

79. Information on accident

Where any accident occurs or any person is injured or dies in the accident or suffers from any occupational disease, the employer shall inform the Office about it immediately.

80. Provisions relating to prevention of contagious diseases

  1. The employer shall make necessary arrangement to prevent contagious disease in the workplace.
  2. Any worker suffering from any communicable disease may be prohibited from attending the work during the period of medical treatment.
  3. Where the sick leave is not sufficient for the medical treatment pursuant to sub-section (2), the employer may give direction to such worker to make adjustment with other leave or take special unpaid leave.
  4. It shall be the responsibility of the worker to follow such direction given under sub section (3).

81. Engage in easier work

  1. Where any female worker is pregnant, she must inform the employer by submitting a medical paper evidencing her health check up.
  2. On receipt of information pursuant to sub section (1), the employer shall normally engage such female worker in the work which will not have any harmful effect on her health. 

82. Special provisions relating to medical treatment for occupational disease

  1. Where any worker contracts any specified occupational disease while working in any enterprise, the prescribed amount of medical expense for the treatment of such disease or compensation, if such disease is incurable, shall be provided to such worker by the enterprise.
  2. Notwithstanding anything contained in sub section (1), the enterprise shall not be required to pay the medical expense or compensation, if such medical expense or compensation for the occupational disease is to be provided from the Social Security Fund.

83. Directions may be issued

  1. The Office may conduct a sudden or periodic inspection to find out whether the employer has made any arrangement or not in relation to the safety and health of the workers.
  2. While inspecting pursuant to sub-section (1), if it is found that the employer has not made any such arrangement on safety and health in the workplace required under this Act or other pravailing laws, the Office may issue a direction to the employer specifying a period within which such arrangement to be made.

Provided that if there is a possibility of immediate danger to the safety and health of the workers or other persons or possibility of causing adverse effect on the environment in absence of such arrangement, the Office may issue a direction to make such arrangement immediately stating the reasons for the same.

3. The Office may give direction to provide necessary information and details regarding any accident occurred in the workplace, occupational disease or safety and health of workers or any other person.

4. It shall be responsibility of the employer to follow or cause to follow the direction issued pursuant to sub section (2) and (3).

* * * *

(Part 1 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 2 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 3 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

Also Read:

COVID-19: Disinfecting Your Homes and Offices

Covid-19 Pandemic: Safe Return to Work and Business Continuity

Construction Industry: Fatal (Focus-Four) Hazards

Ensuring Occupational Health & Safety by Managing Risk

A Business Case for Health & Safety….

Fire Prevention and Fire Protection – Air Pollution in Kathmandu – Construction PPE – Carbon Monoxide poisoning – Electrical Safety – Fall Protection in General Industry– Fearsome 4 of Construction Safety – Fall Restrain System Vs. Fall Arrest System – Respiratory Protection – Portable Ladder Safety – Confined Space Entry – Initiating First Aid/CPR – Are you too busy… – If you have $86,400 in your account… – Safety professionals have job prospects as Insurance Risk Surveyor or Loss Assessor

 

(Part 3 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

CHAPTER 12

Provisions relating to Occupation Safety and Health

74. Formation of Safety and Health Committee

  1. Every employer, having 20 or more workers in any enterprise, shall constitute a Safety and Health Committee comprising of representatives of the workers also in the manner as prescribed.
  2. For the purpose of sub-section (1), the workers hired through a labour provider shall also be considered.
  3. The powers, functions and duties of the Safety and Health Committee as formed under sub-section (1) shall be as follows :

a.) To give advice to the employer regularly on the kind of arrangement to be made on the safety and health of the workers and its effectiveness;

b.) To evaluate the arrangement made on the safety and health in the workplace and draw the attention of the employer for making it more effective;

c.) In spite of the act of drawing attention, the work is not done pursuant to sub section (b), the office shall be informed about it accordingly;

d.) To review the Safety and Health Policy formulated pursuant to section 68 every year; and

e.) To perform other functions as prescribed. 

75. Protection from disciplinary action

No employer shall, on the following grounds, initiate any disciplinary action against any worker :

  1. For providing any information, notice or filing a complaint or assisting the act of filing a complaint against any employer for failing to make provisions on safety and health;
  2. For acting in the capacity of a member of the Safety and Health Committee formed under section 74; and
  3. For stopping the work under section 76 or 77 because of an immediate danger to the safety and health of the workers.

76. Stoppage of work in case of immediate danger

  1. Where there is a possibility of causing injury or risk or serious effect on the health of the worker or others or causing loss or damage to the equipment or product or material if the work is not stopped immediately, the worker involved in such work shall inform the employer or any responsible person specified under section 71.
  2. The employer or the responsible person, after receiving the information pursuant to sub section (1), shall immediately give appropriate direction in relation to that.
  3. Where the employer or responsible person, at that time, is not available for the purpose of giving information under sub section (1), the worker himself/herself may stop the work.
  4. Where the work is stopped pursuant to sub section (3), the worker involved in stopping the work shall immediately inform the employer or the responsible person through the speedy means of communication.
  5. The employer or responsible person, after receiving the information pursuant to sub section (4), shall immediately investigate on the matter and take measures to remove or minimize the risks associated with it.
  6. Where any dispute arises between a worker and an employer in relation to the presence of risk necessitating the stoppage of work or the sufficiency of the measures adopted for the removal or minimization of the risk, any party may, for the settlement of such dispute, give an application to the Office.
  7. On receipt of the application pursuant to sub section (6), the office, after conducting the investigation and hearing both the parties, shall settle the dispute. The office may also ask for evidences if there is a need to do so.
  8. The decision given for the settlement of such dispute shall be final and both the employer and the worker shall accept the same.
  9. Notwithstanding anything contained elsewhere in this section, the work shall not be stopped with an intention to cause loss, give trouble or vengeance to the employer.
  10. During the stoppage of work under this section, the employer may engage the workers in some other work by staying within the scope of his/her employment terms.

77. Direction to stop the work

  1. During the inspection or on the basis of the information received through any other source, if the Office believes that an immediate danger or risk has arisen in a workplace or there is a possibility of risk on the safety and health of the worker/s or any other person/s, the Office may give direction to the employer to stop the work immediately in such workplace.
  2. The Office must disclose the causes and basis of such risk while issuing the direction pursuant to sub-section (1).
  3. When issuing the direction pursuant to sub-section (1), if the Office thinks that any equipment in the workplace is not fit for use or operation, the Office may issue an order prohibiting the use of such equipment and such equipment or any part of it may be sealed.
  4. The employer shall immediately stop the work following the direction issued under sub section (1) by the Office.
  5. The employer, if not satisfied with the direction issued pursuant to sub-section (1), may give an application in the department within seven days from the receipt of such direction.
  6. The Department shall settle the issue within 15 days by acting upon the application submitted under sub section (5).
  7. It is prohibited to carry on any work during the period under sub section (6). Provided that if the office, during the period, informs about the absence of any immediate threat to the safety and health of workers, the work may be resumed.

(Continued….)

(Part 1 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 2 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 4 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

Also Read:

COVID-19: Disinfecting Your Homes and Offices

Covid-19 Pandemic: Safe Return to Work and Business Continuity

Construction Industry: Fatal (Focus-Four) Hazards

Ensuring Occupational Health & Safety by Managing Risk

A Business Case for Health & Safety….

Fire Prevention and Fire Protection – Air Pollution in Kathmandu – Construction PPE – Carbon Monoxide poisoning – Electrical Safety – Fall Protection in General Industry– Fearsome 4 of Construction Safety – Fall Restrain System Vs. Fall Arrest System – Respiratory Protection – Portable Ladder Safety – Confined Space Entry – Initiating First Aid/CPR – Are you too busy… – If you have $86,400 in your account… – Safety professionals have job prospects as Insurance Risk Surveyor or Loss Assessor

(Part 2 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

CHAPTER 12

Provisions relating to Occupation Safety and Health

71. Duties of the responsible person

The duty to ensure whether the workplace, equipment, product or material is safe and healthy or not for the concerned work shall lie with the responsible person.

Explanation: For the purpose of this section, “Responsible Person” shall mean any person having the ownership or control over the workplace, equipment, products or material and the word shall also include head of the workplace and any person or organization assigned with ownership or control under the agreement relating to the use of equipment, products or material.

72. Duties of manufacturers, importers and suppliers

  1. Following shall be the duties of manufacturers, importers and suppliers of equipment or material used in the workplace:

a.) To manufacture, import or supply equipment, products or material found suitable from the examination for the operation and use in the workplace from the viewpoint of safety and health;

b.) To determine suitable method or process of using or operating such equipment, products or material so that the safety and health of the concerned workers is not affected adversely;

c.) To identify possible risks of causing adverse effect on the safety and health of the workers by the use of such equipment, products or material;

d.) To conduct necessary research, experiment or test to eliminate or minimize the risks identified pursuant to sub section (c).

Provided that if a research, an experiment or a test conducted earlier by any other person may be relied upon, such research, experiment or test shall be given due recognition;

e.) To prepare a manual in order to provide all the information relating to necessary steps required to be taken during the operation and use of equipment, products or material from the viewpoint of safety and health.

2. The person or organization which manufactures or installs any equipment in the workplace must ensure by giving a report in writing that such equipment manufactured or installed for the use of the workplace, if used properly, will not be harmful to the safety and health of the workers.

3. If it is found that the equipment, product or material is not used in accordance with the relevant information or instruction provided by the manufacturer or supplier in relation to their use, such equipment or material, for the purpose of this section, shall not be considered to have been used appropriately.

4. The manufacturer, importer or supplier of any chemical material to be used in the workplace shall provide Chemical Safety Data Sheet relating to such material including other details as prescribed to the employer.

73. Duties of workers

Duties of workers in relation to Occupational Safety and Health shall be as follows:

a.) Not to perform any act intentionally or carelessly that may cause adverse affect or risk on his/her own safety and health or of others;

b.) Provide necessary cooperation to the employer or any other concerned person for the fulfillment of the duties mentioned in this Chapter;

c.) Acquire information about the manual, instruction or other matters prepared for the operation or use of the equipment, products or material safely and cautiously in the workplace;

d.) Operate or use the workplace, equipment or products or material safely and cautiously by following the manual, instruction or other matters prepared for the operation or use of such workplace, equipment, products or material; 

e.) Use the personal safety equipment provided by the employer compulsorily.

(Continued….)

(Part 1 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 3 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

(Part 4 of 4) Labour Act, 2074 (2017 AD): Occupational Health & Safety (OHS) related provisions

Also Read:

COVID-19: Disinfecting Your Homes and Offices

Covid-19 Pandemic: Safe Return to Work and Business Continuity

Construction Industry: Fatal (Focus-Four) Hazards

Ensuring Occupational Health & Safety by Managing Risk

A Business Case for Health & Safety….

Fire Prevention and Fire Protection – Air Pollution in Kathmandu – Construction PPE – Carbon Monoxide poisoning – Electrical Safety – Fall Protection in General Industry– Fearsome 4 of Construction Safety – Fall Restrain System Vs. Fall Arrest System – Respiratory Protection – Portable Ladder Safety – Confined Space Entry – Initiating First Aid/CPR – Are you too busy… – If you have $86,400 in your account… – Safety professionals have job prospects as Insurance Risk Surveyor or Loss Assessor