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
- 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.