(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

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

CHAPTER 12

Provisions relating to Occupation Safety and Health

68. Formulation of Safety and Health Policy

  1. Subject to the provisions of this Act, the rules made under the Act and directions issued pursuant to the Act and rules, every employer shall formulate a policy on safety and health of the workers and other persons in the workplace and implement it.
  2. The policy formed pursuant to sub section (1) shall be registered in the Office.
  3. Other provisions relating to the Safety and Health Policy formed by the employer shall be as prescribed.
  4. The Office shall regularly monitor whether the safety and health policy formed by the employer under this section is complied or not.

69. Duties of employers towards workers

  1. Duties of employers towards the workers in respect of Occupational Safety and Health shall be as follows:

a.) Ensure safe environment by making appropriate safety and health provisions at the workplace;

b.) Make necessary provision for the use, operation, storing or shifting of chemical, physical or bio-degradable material or equipment so that the safety and health of the workers are not affected adversely;

c.) Provide necessary information, notice or training relating to the safety and health to the workers;

d.) Provide necessary training and information in an appropriate language to the workers in relation to the equipment and use or operation of chemical, physical or biodegradable material for the work;

e.) Make proper arrangement for the safe entry and exit from the workplace;

f.) Provide necessary personal safety equipment to the workers; and

g.) Make other provisions as prescribed.

2. The employer shall not take any fees from workers for providing necessary safety equipment or facilities to the workers.

70. Responsibilities of employer towards non-workers

  1. Every employer must make necessary arrangement for the safety and health of every person who walks in and out of the workplace or passes through such workplace.
  2. Where there is any possibility of causing harmful effect or any risk on the safety and health of any person by the operating system of the workplace, the employer shall make an arrangement for giving signal or giving or keeping information in that respect.
  3. Any enterprise using or manufacturing chemical products, shall ensure that the flora and fauna, people and environment of the locality are not adversely affected by the chemical substances, gases or any other thing discharged during the operation of such enterprise.

(Continued….)

(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

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

Also Read:

COVID-19 Outbreak: Cloth Face Coverings

COVID-19: Know Your Risk Level

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