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


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).

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(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

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