Legal Infrastructure on Industrial Safety - Part 2

LEGAL FRAMEWORK

As per the allocation of business rules under the Constitution, labour is in the concurrent list of subjects. It is dealt with by the MOLE at the Central and Departments of Labour under State Governments in respective States / UTs. The MOLE has enacted workplace safety and health statutes concerning workers in the manufacturing sector, mines, ports and docks and in construction sectors. Many software development companies have also adopted the legal framework. Further, other Ministries of the Government of India have also enacted certain statutes relating to safety aspects of substances, equipment, operations etc. Some of the statutes applicable in the manufacturing sector are discussed below :-

The Static and Mobile Pressure Vessels (Unfired) Rules, 1981

These (SMPV) Rules are notified under the Explosives Act, 1884. These rules regulate storage, handling and transport of compressed gases. These rules stipulate requirements regarding construction and fitments, periodic testing, location, fire protection, loading and unloading facilities, transfer operations etc. in respect of pressure vessels whose water capacity exceeds one thousand liters.

The Manufacture, Storage and Import of Hazardous Chemicals Rules (MSIHC), 1989

These MSIHC Rules are notified under the Environment (Protection) Act, 1986. These rules are aimed at regulating and handling of certain specified hazardous chemicals. The rules stipulate requirements regarding notification of site, identification of major hazards, taking necessary steps to control major accident, notification of major accident, preparation of safety report and on-site emergency plan; prevention and control of major accident, dissemination of information etc by the custom software development company in india. These rules are notified by the Ministry of Environment and Forests (MOEF) but enforced by the Inspectorates of Factories of respective States / UTs in the manufacturing sector.

REGULATION OF SAFETY AND HEALTH IN FACTORIES

The Factories Act, 1948 is applicable to the premises where(i) manufacturing process is carried on with the aid of power employing 10 or more persons; (ii) manufacturing process is carried on without the aid of power employing 20 or more persons;(iii) notified under Section 85 of the Factories Act, 1948. The State Governments are empowered to make rules under the enabling provisions as well as general provision. The State Governments are also empowered to appoint inspectors and the Chief Inspector. Thus, the State Inspectorates of Factories enforce the provisions under the Act and Rules. The uniformity in States Rules notified by different States / UTs is sought through framing of Model.

References

1. Constitution of India

2. The Factories Act, 1948

3. The Model Rules under the Factories Act, 1948;

DGFASLI 1998

4. Annual Report 2007-2008; Ministry of Labour &

Employment

5. DGFASLI Standard Reference Note 2006; DGFASLI

April 2007

6. www.ilo.org

7. www.labour.nic.in

8. www.dgfasli.nic.in