the Government of Karnataka has notified the Karnataka Factories (Safety Audit) Rules, 2024 (“Rules”) as a framework for occupational safety and health related audits across factories in the State.
Key Highlights:
Applicability of the Rules:
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- Factories engaged in hazardous manufacturing process involving use, storage and handling of toxic, highly inflammable, explosives, hazardous chemicals where in toxic or highly inflammable or explosive substances are likely to be generated or given out or carried out, as listed under sub-rule (b), (c) and (e) of rule 2 of the Major Accident Hazards Control (Karnataka) Rules 1994*;
- Factories engaged in processes listed under the First Schedule of the Factories Act, 1948 (“Act”);
- Factories engaged in manufacturing process as specified under Rule 129** of Karnataka Factories Rules, 1969, read with section 87*** of the Act;
- All other factories which are licensed to engage more than fifty workers.
Duty of Occupier:
Factory occupiers are mandated to arrange occupational safety and health audits as a measure for ensuring workplace safety in the following manner:
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- arrange to carry out the occupational safety and health audit as a measure for the safety and health of the persons employed in the following manner:
- Internal: Once in a year by an internal team comprising of plant personnel;
- External: Once in every two years by a certified safety auditor;
- Factories licensed to employ more than 50 workers but less than 150 workers are required to carry out safety audit once in 4 years;
- In the event an external audit is conducted in a year, an internal audit is not mandatory;
- In the event there are significant changes to the manufacturing process (whether total or partial) the occupier is required to carry out occupational safety and health audit, one month prior to implementation of changes to the manufacturing process.
Safety audit Standards: The safety audit is required to be carried out in adherence to standards under IS 14489:2018 in the Indian Standard Code of Practice on Occupational Safety and Health Audit, or any other prevailing industry standard. Audits conducted by an institution must be performed by persons with relevant qualifications and experience, as specified in Schedule I of the Rules;
Intimation of safety audit: The occupier is required to inform the jurisdictional office of the Department of Factories, Boilers, Industrial Safety and Health at least 15 days before conducting the safety audit;
Compliance report on audit report: The occupier of the factory is required to forward the safety audit report in the prescribed format to Chief Inspector along with action taken report on recommendations made in the safety audit report;
Re-audit: If discrepancies are identified in the safety audit report, the Chief Inspector may direct the occupier to conduct a re-audit within 30 days to rectify compliance gaps;
Exemption: The Chief Inspector may exempt any factory or category of factories from all or any of the provision in the Rules which are subject to conditions specified in the exemption order.
Source: Government of Karnataka
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* Section 2- Definition –
In these Rules, unless the context otherwise requires –
(b) “industrial activity” means : – an operation or process carried out in a factory referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be
(c) “isolated storage” means storage where no other manufacturing process other than pumping of hazardous chemicals is carried out and that storage involves at least a quantity of that chemical set out in Schedule 2, but does not include storage associated with a factory specified in Schedule 4 on the same site.
(e) “pipeline” means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith), for the conveyance of a hazardous chemical, other than a flammable gas as set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute.
** Rule 129- Dangerous manufacturing processes or operations-
(1) The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under Section 87, namely:—
(i) Manufacture of aerated water and processes incidental thereto.
(ii) Electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids, bases or salts of metals such as chromium, nickel, cadmium, Zinc, Copper, Silver, Gold, etc. (iii) Manufacture and repair of electric accumulators,
(iv) Glass Manufacture,
(v) Grinding or glazing of metals.
(vi) Manufacture and treatment of lead and certain compounds of lead.
(vii) Generating petrol gas from petrol.
(viii) Cleaning or smoothing, roughening, etc., of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam.
(ix) Liming or tanning of raw hides and skins and processes incidental thereto.
(x) Certain lead processes carried on in printing presses and type foundries.
(xi) Manufacture of pottery,
(xii) Chemical works
(xiii) Manipulation of stone or any other materials containing free silica.
(xiv) Handling and processing of asbestos, manufacture of any article of asbestos and any other process of manufacture or other wise in which asbestos is used in any form.
(xv) Handling or manipulation of corrosive substances.
(xvi) Compression of oxygen and hydrogen produced by the electrolysis of water.
(xvii) Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.
(xviii) Manufacture of manipulation of manganese and its compounds.
(xix) Manufacture or manipulation of dangerous pesticides.
(xx) Manufacture, handling and usage of benzene and substances containing benzene.
(xxi) Manufacturing process or operations in Carbon-di- sulphide plants.
(xxii) Manufacture or manipulation of carcinogenic dye intermediates.
(xxiii) Operations involving high noise levels,
(xxiv) Manufacture of rayon by viscose process,
(xxv) Highly flammable liquids and flammable compressed gases.
(xxvi) Operations in Foundries.
Explanation:- For the purpose of this rule: “first employment” means employment for the first time in a hazardous process or operation so notified under Section 87, or re-employment therein after cessation of employment in such process or operation for a period exceeding three calendar months.
(2) The provisions contained in the schedule annexed to this rule (hereinafter referred to as ‘the schedules’) shall apply to every class or description of factory wherein dangerous manufacturing processes or operations specified in each of the schedule are carried on.
(3) (a) The occupier of every factory shall, for the purpose of medical examinations of workers to be carried out by the Certifying Surgeon as required by the provisions in the schedules shall pay fees at the rate of rupees five per examination of each worker every time he is examined.
(b) The fees payable under clause (a) shall be exclusive of any charges for biological, radiological or other tests which may have to be carried out in connection with the medical examinations. Such charges shall also be payable by the occupier;
(c) The fees payable for medical examinations shall be paid into local treasury under the head of account “087 Labour And Employment, (4) Fees Realised under the Factories Act, 1948”.
(4) Notwithstanding anything contained in the schedules the Inspector may, by issue of orders in writing to the Manager or occupier, or both, direct them to carry out such measures and within such time, as may be specified in such order, with a view to removing conditions dangerous to the health of the workers or to suspend any process where such process constitutes in the opinion of the Inspector, an imminent danger of poisoning or toxicity.
(5) Any register or record of medical examinations and tests connected therewith required to be carried out under any of the schedules in respect of any worker shall be kept readily available to the Inspector and shall be preserved till the expiry of one year after the worker ceases to be in employment of the factory.
***Section 87- Dangerous operations.—
Where the State Government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the manufacturing process or operation is carried on—
(a) specifying the manufacturing process or operation and declaring it to be dangerous;
(b) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation;
(c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the manufacturing process or operation, and prohibiting the employment or persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination;
(d) providing for the protection of all persons employed in the manufacturing process or operation or in the vicinity of the places where it is carried on;
(e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the manufacturing process or operation;
(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation.
