The Labour Employment, Training and Factories (LAB. II) Department, Telangana in an Order dated 6th November, 2020 has made amendments to the Scheme of online System of Risk Assessment based Inspections with random computerized allocation of factories to Inspecting Officers, Self-Certification to Medium Risk category factories introduced in G.O.Ms.No.9, dated: 21.04.2017.
Background
The Government of Telangana is taking up several steps to facilitate “Ease of Doing Business” so as to catalyse creation of employment opportunities while ensuring Safety, Health, Welfare and Social Security for every worker in factories. In an Order G.O.Ms.No.9, dated: 21.04.2017, the Government introduced Computerised Systems of Risk Assessment based Inspections with random allocation of Inspecting Officers to facilitate Ease of Doing Business in the State and the Scheme was be applicable to the following Acts:-
i. The Equal Remuneration Act, 1976
ii. The Minimum Wages Act, 1948
iii. The Telangana Shops & Establishment Act, 1988
iv. The Payment of Bonus Act, 1965
v. The Payment of Wages Act, 1936
vi. The Payment of Gratuity Act, 1972
vii. The Contract Labour (Regulation and Abolition) Act, 1970
viii. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
ix. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
x. The Motor Transport Workers Act, 1965
xi. The Factories Act, 1948
xii. The Maternity Benefit Act, 1961
xiii. The Telangana Labour Welfare Fund Act, 1987
Key Highlights of the Amendments
• The Scheme will now be called “Self-Certification and Third-Party Certification Scheme 2020” (“Scheme”) and is applicable to all the factories registered under the Factories Act, 1948 with certain conditions as mentioned in the Order and voluntary except the factories indicated below:-
a. If any amount of license fees is due from the factory by the time of desiring to come under this scheme.
b. If there is any fatal accident in the factory during last five calendar years.
c. If there is any serious accident resulted in loss of limb(s) or fire incident or explosion or toxic release in the factory during last two calendar years.
• The periodicity for uploading of self certification / third party certification has been given under the amendment as –
a. Low Risk Factories —- once in five years
b. Medium Risk Factories — once in two years
c. High Risk Factories — once in a year
In addition to this, security deposit payable along with application and check list for inspection of factories for self-certification / third party certification has also been provided in detail under the amendment.
• The occupier of any factory, who desires to avail self-certification / third party certification scheme will have to upload through online in the portal of the Factories Department in the format of check list for inspection of factories by duly paying the security deposit.
• Every factory management desirous of joining the scheme can apply before 31st December of a particular year and the scheme is applicable from commencement of next calendar year. Further, the Director of Factories can extend the due date for submission of check list for a maximum period of 3 months.
• Any defect in the checklist uploaded under the Self Certification Scheme by the factory management will be communicated to the respective factory management by the concerned officer via online and the same will be rectified by the management within a month.
• Quarter-wise department inspections schedule would be generated to the factories opting for third party certification for second and third quarters of year (random selection by the computer) before 31st March. Such factory managements can get the check list for inspection of factories from one of the competent persons for third party certification approved by the Director of Factories, Telangana, Hyderabad and upload the check list for inspection of factories before the end of the quarter in which the inspections are scheduled.
• There will be no scheduled inspections by the officers of the Factories Department during the period of validity of the Scheme opted by the factories managements. However, visits will be carried out in the factories in which accident / dangerous occurrence taken place for enquiring those incidents, for verification of complaints if received against such factories or under special drive or under any special circumstances, which will be authorized by the Director of Factories.
• The factories managements can upload a fresh check list under the Scheme before the end of validity period, if they are qualified for the scheme.
• The security deposit paid by the factories managements will not be refundable under any circumstances. But, the same will be utilized for renewal of this Scheme, if it is not forfeited. If the factory management is desirous of not renewing the Scheme at the end of the validity period, such factory management can apply for adjustment of the security deposit towards the full or part of the annual license fees payable by the occupier of the factory for the future licensing years and it will be adjusted accordingly.
• The checklist for inspection of factories under the Scheme issued by the competent person under third party certification uploaded by the factory management will be deemed to be cancelled in case of occurrence of any fatal / serious accident / dangerous occurrence in the factory and the security deposit paid by the factory management will be forfeited.
• The amendments also include the approval (recognition / renewal of competent persons for Third Party Certification along with the procedure for approval.
Source : Labour Employment Training and Factories (LAB. II) Department, Telangana
