Maharashtra Factories (Occupational Safety and Health Audit) Rules, 2011 (Draft Rules)
No. FAC.2009/C.R.309/Lab-4.- The following draft of the Maharashtra Factories (Occupational Safety and Health Audit) Rules, 2011, which the Government of Maharashtra, proposes to make in exercise of the powers conferred by section 112 of the Factories Act, 1918 (63 of 1918), and of all other powers enabling it in that behalf, with a: view to make certain additional provisions to ensure safety, health and welfare of the workers employed in factories is hereby published as required by section 115 of the said Act, for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft will be taken into consideration by the Government of Maharashtra after the expiry of two months from the date of publication of this notification in the Maharashtra Government Gazette.
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Any objection or suggestion, which may be received by the Director, Directorate of Industrial Safety and Health, Kamgar Bhavan, 5th Floor, ''E'' Block, C-20, Opp. RBI, Bandra-Kurla Complex, Bandra (E), Mumbai 400 051, From any Person with respect to the said draft before the expiry of the above mentioned period will be considered by the Government.
Draft Rules
1. Short Title and Application
(1) These rules may be called the Maharashtra Factories (Occupational Safety and Health Audit) Rules, 2011.
(2) They shall apply to the following categories of factories:
(i) Category I Factories,
(ii) Category II Factories,
(iii) Category III Factories,
(iv) Category IV Factories,
2. Definitions
(1) In these rules unless the context requires otherwise,
(i) "Act" means the Factories Act, 1918 (C1:3 of 1918);
(ii) "Degree" means the degree of a statutory university;
(iii) "Diploma" means a diploma awarded by a statutory university or a recognized institution;
(iv) "Form" means a form appended to these rules;
(v) "Government" or "State Government" means the Government of Maharashtra;
(vi) "Occupational Safety and Health Audit" means a systematic objective assessment and documental evaluation of the occupational safety and health systems, practices, operations and procedures in and pertaining to a factory;
(vii) "Occupational Safety and Health Auditor" means a person recognized by the HecognitionCul7l Revocation Committee under these rules as an occupational safety and health auditor Grade I, II, III, or IV as specified in Schedule 11, to carry out occupational safety and health audits in accordance with these rules;
(viii) "Schedule" means the Schedule appended to these rules;
(ix) "Section" means section of the Act;
(x) "Hazardous Chemical" means any chemical as defined in sub-rule (a) of rule 2 of Maharashtra Factories (Control of Industrial Major Accident Hazards) Rules, 2003;
(xi) "Category I Factories" means Factories defined under rule 2 (d) of the Maharashtra Factories (Control of Industrial Major Accident Hazards) Rules, 2003;
(xii) "Category II Factories" means factories which involve the use, storage, handling or processing of hazardous chemicals or wherein such hazardous chemicals arc likely to be generated or given out excluding Category I Factories;
(xiii) "Category III Factories" means factories carrying out manufacturing process with the aid of power excluding Category 1 Factories and Category II Factories;
(xiv) "Category IV Factories" means factories carrying out manufacturing process excluding Category I Factories, Category II Factories, and Category III Factories;
(xv) "Recognition-cum-Revocation Committee" means a committee formed for recognition or revocation of occupational safety and health auditors chaired by the Principal Secretary/Secretary, Labour, Government of Maharashtra and having the following members:
(a) Two (2) experts from Directorate General Factory Advice Service and Lobour Institute, Mumbai.
(b) Director, Directorate of Industrial Safety and Health, Mumbai, as a member secretary.
(c) One representative of employers, as appointed by the Chairman.
(d) One representative of workers as appointed by the Chairperson;
(xvi) " Training Institute Approval Committee" means a committee formed for giving approvals to institutes for conducting pretraining and refresher training (or occupational safety and health auditors, chaired by Principal Secretary/Secretary, Labour, Department of Labour, Industries and Energy, Government of Maharashtra and having the following Members:
(a) Three (3) representatives from institutes with expertise in occupational safety and health training, as appointed by the Chairperson,
(b) One representative of the Directorate of Technical Education, nominated by that Directorate,
(c) Director, Directorate of Industrial Safety and Health, as member secretary.
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Words or expressions used but not defined herein, shall have their respective meanings as assigned to them in the Act.
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The occupier of a factory as mentioned in sub-rule (2) of rule 1 shall arrange to...
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