Provisions relating to Occupation Safety and Health
74. Formation of Safety and Health Committee
- 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.
- For the purpose of sub-section (1), the workers hired through a labour provider shall also be considered.
- 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 :
- 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;
- For acting in the capacity of a member of the Safety and Health Committee formed under section 74; and
- 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
- 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.
- The employer or the responsible person, after receiving the information pursuant to sub section (1), shall immediately give appropriate direction in relation to that.
- 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.
- 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.
- 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.
- 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.
- 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.
- The decision given for the settlement of such dispute shall be final and both the employer and the worker shall accept the same.
- 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.
- 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
- 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.
- The Office must disclose the causes and basis of such risk while issuing the direction pursuant to sub-section (1).
- 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.
- The employer shall immediately stop the work following the direction issued under sub section (1) by the Office.
- 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.
- The Department shall settle the issue within 15 days by acting upon the application submitted under sub section (5).
- 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.