Indian Health and Safety Legislation: Safety Officer Requirement.

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Industrial Health and Safety blogs. What are the Indian Health and Safety Legislation Requirement for  "Safety Officer"  in different states? Ans: Section 40-B. Safety Officers According to The Factories Act 1948 In every factory :- wherein  one thousand(1000) or more workers are ordinarily employed , or wherein, in the  opinion of the State Government , any manufacturing process or operation is carried on, which  process or operation involves any risk of bodily injury ,  poisoning or disease or any other hazard to health, to the person employed in the factory , the occupier shall, if so required by the State Government by notification in Official Gazette, employ such number of Safety Officers as may be specified in that notification. UTTAR PRADESH FACTORY RULES 1950 and Uttar Pradesh Factories (Safety Officers) Rules, 1984 THE TAMILNADU FACTORIES RULES, 1950, The Tamil Nadu Safety Officers (Duties, Qualifications and Condi
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What is the difference between improvement and prohibition notice?


Definition of notice: The fact of observing or paying attention to something.

First thing, Improvement and Prohibition notices are being given in health and safety related aspects at workplace.  Secondly these are type of measures of Government authorities to improve health and safety at workplace. As name suggest Improvement notice means certainly to improve and prohibition notice means immediate termination of that activity / task for which prohibition notice has been given or otherwise specified contravention has been rectified within given time frame. Both notices are legal and can lead to prosecution. Failure to follow either of notice is a punishable offence.

Improvement Notice: Certainly there is a legal contravention and it is likely to continue. No risk specified and covers circumstances where there is no risk. Notice takes effect when specified but not earlier than 21 days after issue. Effect of appeal -Suspension of notice until appeal is determined. Notice will be served to the person contravening provision. Either notice recipient improve the health and safety issue within given time frame or request for extension of time for improvement from HSE.

Prohibition Notice: It is of two type .i.e immediate and deferred.

Prohibition (immediate): Not necessary there is a legal contravention. Risk of serious personal injury or activities subject to the relevant statutory provisions likely to be carried out and, if so, there will be risk of serious personal injury. Notice takes effect immediately. No suspension of notice unless the Industrial Tribunal rules accordingly. Notice will be served to the person under whose control activity is carried on or by whom it is carried on.

Prohibition (deferred): Not necessary there is a legal contravention. Risk of serious personal injury or activities subject to the relevant statutory provisions likely to be carried out and, if so, there will be risk of serious personal injury .Notice takes effect any specified time. No suspension of notice unless the Industrial Tribunal rules accordingly. Notice will be served to the person under whose control activity is carried on or by whom it is carried on.

Common errors while serving such notices: Few below mention are common errors we do during serving such notices-:
-          Incorrect recipient lead to loss of communication in such notices.
-          After receiving notice sometimes due to bureaucracy notices not reached within time to concern (Whom notice has been given).
-          Difference between both notices not known due to low awareness or poor understanding of recipient.

-          Culture to do the jobs at eleventh hour.



         



                Ref: www.hse.gov.in


I am a Health and Safety professional writing blogs related to Industrial Health and Safety. I am qualified from Regional labor institute India and International Diploma from NEBOSH.

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