Labour Department of Kerala issues Draft Occupational Safety, Health and Working Conditions Rules, 2021; invites objections and suggestions by 31st January 2022

The Labour and Skills Department of Kerala has issued the Draft Occupational Safety, Health and Working Conditions (Kerala) Rules, 2021 and has invited objections / suggestions from general public by 31st January 2022.

The Draft Rules shall extend to the entire state of Kerala and have been brought in supersession of the following Statutes-
• The Kerala Building and Other Construction Workers (Regulation of Employment and Condition of Services) Rules,1998;
• The Kerala Factories Rules; 1957;
• The Kerala Factories (Major Accident Hazard Control) Rules, 2005
• The Kerala Factories (Welfare Officers) Rules, 1957
• Kerala Contract Labour (Regulation and Abolition) Rules, 1971;
• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Kerala Rules,1983;
• The Kerala Motor Transport Workers Rules. 1962;
• The Kerala Plantation Labour Rules. 1959;
• The Kerala Plantation (Welfare Officers) Rules, 1978
• The Kerala Beedi and Cigar workers(Conditions of Employment) Rules,1968

The Draft Rules shall be taken into consideration from 31st January 2022 and objections and suggestions if any needs to be addressed to the Secretary to Government, Labour and Skills (D) Department, Government Secretariat, Thiruvananthapuram – 695 001 before 31st January 2022 for the same to be considered by the State Government.

Key Highlights:

1. Contract Labour and Inter-State Migrant Worker-

• The contractor shall ensure that:
(a) the hours of work shall conform to the rules made under the Occupational Safety, Health and Working Conditions Code, 2020.
(b) the wages shall be paid in accordance with the Code on Wages, 2019.
(c) If the contract worker of the contractor is working at the premises of the principal employer then it shall be the responsibility of the principal employer to provide the facilities or amenities such as toilet, washroom, drinking water, bathing facilities if required, changing room, first aid box, Canteen and Crèche and all other facilities and entitlements shall be provided by the contractor.
(d) In case, the Contractor is working at a premise other than that of the Principal Employer and the premise has functional amenities and facilities
(e) the contract labour can utilize facilities like toilet, washroom, drinking water, bathing facilities if required, changing room and first aid box. In all other cases all facilities and utilities under the act shall have to be provided by Contractor.
(f) In case the contractor fails to make payment of minimum wages to the contract worker, then the Labour Commissioner, Bihar or his representative, who shall cause such payment to be made to the contract workers who have not been paid out of the security deposit maintained including by invoking the bank guarantee; and shall intimate within fifteen days of the receipt of a contract work order about the details the contract work order.
• All contract labour shall be made member of EPFO and ESIC subject to applicability as under respective provisions of the Code on Social Security, 2020.
• The wages of every person employed as contract labour in an establishment or by a contractor shall be paid in accordance with Code on Wages 2019 and rules made thereunder.
• Responsibility of contractor- The rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the Code on Wages, 2019 and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed. In case where the worker employed by the contractor perform the same or similar kind of work as the worker directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workers of the contractor shall be the same as applicable to the workers directly employed by the principal employer of the establishment on the same or similar kind of work. In case of any dispute whether the work is of similar kind, the matter may be referred to the Inspector-Cum Facilitator whose decision shall be final. In other cases the wage rates, holidays, hours of work and conditions of service of the workers of the contractor shall be such as specified under the Code and rules.
• The contractor shall notify any change in the number of workers or conditions of work to the Licensing Authority, electronically.
• If a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application, to the Labour Commissioner, Kerala giving reasons along with supporting documents and the State Government shall decide the question accordingly.
• The license for engaging contract labours, contain the number of inter-State migrant workers employed.
• The employer shall pay a lump sum amount on account of fare for to & fro journey to inter-state migrant worker by train (not less than II Class Sleeper) or by bus or any other mode of passenger transport from the place of employment to the place of residence in the home state in the event of the following, namely: if he has worked for a period of not less than 180 days in the concerned establishments in preceding twelve months ned establishments in preceding twelve months provided that the journey allowance shall be given to an inter-state migrant worker once in twelve months. In the event of change of employer by the inter-state migrant worker during the middle of the employment period and has not availed the journey allowance from his previous employer, then on the basis of a certificate to be given by interstate migrant worker, the employer where the inter-state migrant worker is now working and the such worker has completed one hundred and eighty days in preceding twelve months including the period spent with the previous employer, then the employer shall give journey allowance.
• A Toll-Free help-line number shall be provided by the Department of Labour, to address queries and grievances of the inter-state migrant workers.
• Any person seeking common licence or single licence shall apply electronically on the Online Portal by giving details about the establishments, and uploading relevant documents related to that licence, proof of Identity and address of the employers as specified in the Form along with the fee prescribed. The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.
2. Notice of Accident and Dangerous occurrence
• If there is any dangerous occurrence at an establishment causing any bodily injury or disability or not, a notice shall be sent within twelve hours to:

(a) The Inspector-cum-facilitator;

(b) District Magistrate and Sub-divisional Officer; provided that if in the case of an accident or dangerous occurrence, death occurs to any person injured by such accident or dangerous occurrence after the notices and reports referred to in the foregoing subrules have been sent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons and also have this information confirmed in writing within 12 hours of the death.

Provided further that, if the period of disability from working for 48 hours or more does not occur immediately following the accident, or the dangerous occurrence, but later, or occurs in more than one spell, the report referred to shall be sent to the Inspector-cum Facilitator in the prescribed form within 24 hours following the hours when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours.

3. Safety Committee-

• Every establishment employing 100 or more workers are employed or carries on “hazardous process” defined under the Code or carries on any process or operations declared to be “dangerous operations” under the Code shall constitute a safety committee consisting of representatives of employers and workers.
• The tenure of the safety committee shall be for three years. The safety committee shall meet at least once in every quarter.

• The representative of the workers shall be chosen by the registered trade Union. In case where there is no registered trade union the members may be chosen by the workers of the establishment. Provided that there shall be adequate representation of the women workers in the committee.
• Safety Committee shall have the right to be adequately and suitably informed of —

(a) potential safety and health hazards to which the workers may be exposed at workplace;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees, conducted at such establishments.

• Composition of Safely Committee.-

(1) The representatives of the management on Safety Committee, shall consist of —

(a) A senior official, who by his position in the organisation can contribute effectively to the functioning of the Committee, shall be the Chairman;

(b) A Safety Officer shall be the Secretary of the Committee

(c) A Medical Officer wherever available.

(d) A representative each from the production, maintenance, and purchase departments.
• The Safety Committee, owing to the size of the factory might establish sub-committees to perform the necessary functions.
• The State Government may by general or special order include or exclude any establishment or class of establishment to constitute safety committee.
• Function and duties of the Safety Committee shall include-

a) assisting and co-operating with the management in achieving the aims and objectives outlined in the ‘Health and Safety Policy’ of the occupier;
b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;
c) creating safety awareness amongst all workers;
d) undertaking educational, training and promotional activities;
e) discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;
f) carrying out health and safety surveys and identifying causes of accidents;
g) looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggesting corrective measures; and
h) reviewing the implementation of the recommendations made by it.

4. Special provisions on women employment-

The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m. in any day, namely:-

(a) the written consent of women employ shall be taken;

(b) No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020;

(c) adequate transportation facilities shall be provided to women employee to pick-up and drop such employee at her residence;

(d) the workplace including passage towards conveniences or facilities concerning toilet, washrooms, drinking water, entry and exit of women employee should be well-lit;

(e) the toilet, washroom and drinking facilities should be near the workplace where such women employee are employed;

(f) Provide safe, secure and healthy working condition such that no women employee is disadvantaged in connection with her employment;

(g) Not less than 2 women employees shall be on duty at any work place at the same time;

(h) The provisions of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013, as applicable to the establishments, shall be complied with.

Adequate Safety of employment of women in dangerous operations.—The State government may declare by notification the class of establishments and the scheme, and standards for safeguarding of women in hazardous and dangerous processes.

5. Prohibitions for women employees or adolescent workers:

• No women or adolescent worker shall be permitted to be engaged in handling or storage or transport of insecticide ,pesticide, hazardous chemicals and other toxic substances.

• No women or adolescent shall be employed or permitted to work at a bath.

• No woman or adolescents shall be employed or permitted to work in any lead process or in any room in which the manipulation of raw oxide or lead or pasting is carried on.

• No woman or adolescent shall be employed or permitted to work in or shall be allowed to enter any building in which the generating of petrol gas from petrol is carried on.

• No pregnant women or adolescent shall be employed or permitted to work in any manganese process.

• No women or adolescent shall be employed or permitted to work in any work-room involving exposure to benzene or substances containing benzene.

6. Hours of work and overtime-

• Where in an establishment a worker works for more than eight hours in any day or for more than forty-eight hours in any week, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages and shall be paid at the end of each wage period.
• In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis.
7. Maintenance of registers and records- Every employer shall maintain register of wages and deduction, accident and dangerous occurrences, leave with wages, adult/ adolescent workers, Muster Roll and wage slip. These should be maintained electronically and shall be kept available at the office of the establishment or the nearest convenient building within the precints of the establishment;
Display of notice board.—Every employer shall cause to display at the conspicuous place of the workplace of the establishment under his control, notice showing the name and address of the establishment, hours of work, wage period, date of payment of such wages, details of accident and dangerous occurrence in the establishment for the last five years, name and address of the Inspector-cum-facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in English and Hindi.
8. Medical Officer-
The Medical Officer appointed under sub-section (1) of section 48 of the Code, shall be a medical practitioner who possesses qualification as defined in the National Medical Commission Act, 2019 and who is enrolled on Indian Medical Register or on a State Medical Register as defined in that Act and in respect of factory carrying hazardous process or dangerous operations, in addition to the qualifications mentioned, a person should possess a certificate of Training in Industrial Health of minimum three months duration or should possess a Diploma in Industrial Health recognized by the Central or State Government.

• Duties of Medical Officer-

(1) On receipt of a reference under the code, the Medical Officer shall, after giving prior notice regarding date, time and place for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the establishment concerned after retaining a copy.

(2) The medical officer may seek opinion of specialists like radiologist, dentist and orthopaedic surgeon as the case may be, for the purpose of determination of age.

(3) Medical Officer shall carry out such examination and furnish such report as State government may direct:

(a) for examination and certification of workers in an establishment in such dangerous occupation or processes as specified in First Schedule to the Code;

(b) for medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to arduous nature of any process carried on or hazardous condition of work;

(c) in respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein;

(d) to undertake occupational health survey for any or class of an establishment, where cases of illness have occurred or there is prevalence of diseases as prescribed in Third Schedule of the code.

(e) to assess the age and issue fitness of adolescent for employment in an establishment or class of establishment.

A Copy of the Notification has been attached for the ease of your reference.

 

 

Source: Labour Department, Kerala