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Uploaded by
vishalch0702
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Legallllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Legal Obligations of BOCW act
Education
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Legallllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
1.
R T Safety Trainings Renyge
Technologies, H-13, 2nd Floor, Kirti Nagar, New Delhi – 110 015 (India) E-mail:
[email protected]
ENVIRONMENT, HEALTH & SAFETY LEGAL REQUIREMENTS
2.
2 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. OBJECTIVES Providing Basic Understanding of Indian EHS Legislation, Impart Brief Overview of Enforcement Structure of Indian EHS Legislation Give Framework of Indian EHS Legislation & their Coverage to strengthen your EHS Auditing competence
3.
3 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BASIC LAW STRUCTURING IN INDIA International Guidelines ACTS of Parliament Central Government Concerned Ministry Central Enforcing Authority State Government Concerned Ministry / Department / Authority Local Offices
4.
4 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Basic Definitions Legislation: Bills passed in the Parliament as Acts, defining the scope of legislation, functions, constitution of Appellate Authority, roles and powers of the administrative functionaries, as well as that of the concerned industry/ people (Acts: Enacted by Parliament) Notifications: Forming Rules / Standards or issuing executive orders under the provisions of the Act Rules: Specifies the requirements to implement the relevant Acts. Regulations: Specific requirements made under relevant rules/ acts in specific localized areas. Covenants: Bye-laws, court rulings, pressure groups’ requirements, etc.
5.
5 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Structure of Acts Divided into Chapters and contains Sections PREAMBLE SHORT TITLE DEFINITIONS AUTHORITY AND ORGANIZATION FUNCTION OF ORGANIZATION PENAL PROVISIONS APPELLATE AND APPEAL COGNIZANCE OF OFFENCE Note: There can be one or more Rules, Regulations under a Single Act; Rules are also divided into Chapters and the Serial Nos. are called Rules Nos. Rules are made under the provisions of related Sections.
6.
6 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. EHS Legislations in India Building and Other Construction Workers Act, 1996 Factories Act, 1948, as amended upto 1987 State Factories Rules (e.g. Punjab Factories Rules, 1952 / Gujarat Factories Rules, 1963 / West Bengal Factories Rules, 1958 etc.) Petroleum Act, 1934 Petroleum Rules, 2002 Indian Explosives Act, 1884 Static & Mobile Pressure Vessels (Unfired) Rules, 1981 Indian Explosives Rules, 2008 (superseding Rules, 1983) Gas Cylinder Rules, 2004 Indian Electricity Act, 2003 Central Motor Vehicles Act, 1988 Environmental Legislations
7.
7 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Environmental Legislations in India Water (Prevention and Control of Pollution ) Act, 1974 Water (Prevention and Control of Pollution ) Rules, 1975 Water (Prevention and Control of Pollution ) Cess Act, 1977 Water (Prevention and Control of Pollution ) Cess, Rules, 1978 Air (Prevention and Control of Pollution ) Act, 1981 Air (Prevention and Control of Pollution ) Rules, 1982 Environment Protection Act, 1986 Environment (Protection) Rules, 1986 amended till 2009 Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules, 2008 Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, as amended in 2000 Manufacture, Use, Import, Export and Storage of Hazardous Micro- Organisms, Genetically Engineered Micro-Organisms or Cells Rules, 1989 amended 2008
8.
8 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Environmental Legislations in India Bio-medical waste (Management and Handling) Rules, 1998 Noise Pollution (Regulation and Control) Rules, 2000 Ozone Depleting Substances (Regulation and Control) Rules, 2000 Environment (Protection) Rules, 1986 as amended in 2001 for Coastal Regulation Zone Municipal Solid Wastes (Management & Handling Rules), 2000 Batteries (Management & Handling) Rules, 2001 e waste rules Public Liability Insurance Act, 1991 Public Liability Insurance Rules, 1991
9.
9 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Building or other construction work" means the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers
10.
10 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Applicable to every establishment which employs or had employed on any day of the preceding twelve months, fifty or more workers in any building or other construction work fixing hours for normal working day, weekly paid rest day, wages for over time, provision of basic welfare: amenities like drinking water, latrines and urinals, crèches, first aid, canteens, etc., for the building workers provision for temporary living accommodation to all building workers within or near the work site
11.
11 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT, 1996 Registration of establishments: Within sixty days from commencement Display at the conspicuous places Registration of building workers as beneficiaries.- For those who have worked at least 90 days in previous year
12.
12 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Provision of DRINKING WATER. Not situated within six meters of any washing place, Urinal or latrine Provide sufficient LATRINE AND URINAL Free of charges TEMPORARY LIVING ACCOMMODATION
13.
13 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Crèche where more than fifty female building workers are ordinarily employed First-aid facilities to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed, A CANTEEN for the use of the workers
14.
14 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a Safety Committee - the employer shall also appoint a safety officer - Where in any establishment an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of FORTY-EIGHT HOURS or more immediately following the accident, the employer shall NOTIFY to authority
15.
15 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 Provision of suitable and sufficient scaffolding when work cannot be safely done from the ground or from any part of a building or from a ladder the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances
16.
16 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 the adequate and suitable lighting the precautions to be taken to prevent inhalation of dust, fumes. gases or vapours during any grinding, cleaning, spraying and steps to be taken to secure and maintain adequate ventilation of every working place or confined Space the safeguarding of machinery including the fencing of every fly-wheel and every moving part of prime mover, unless it is in such a position or of such construction as to be safe to every worker
17.
17 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. BUILDING & OTHER CONSTRUCTION WORKERS ACT,1996 the precaution to be taken in case of fire the limits of weight to be lifted or moved by workers the safe transport of workers to or from any workplace the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers
18.
18 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Petroleum Act, 1934 and Petroleum Rules, 2002 Petroleum Class A, B, C Classification based on Flash Point Storage beyond Threshold quantities require Explosives License from the Chief Controller of Explosives (a) Class A petroleum (Flash Point below 230C): 30 litres (b) Class B petroleum (Flash Point 230C & above upto 650C): 2500 litres provided nothing of it is contained in a single container of 1000 litres or more (c) Class C petroleum (Flash Point 650C & above but below 930C): 45000 litres Display requirements - License, Conditions of license, Extract of Rules, Capacity, No Smoking, No Naked Lights License renewal every Three years
19.
19 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Petroleum Act, 1934 and Petroleum Rules, 2002 No loading / unloading of Petroleum in bulk between Sunset and Sunrise Supervision of operations within a storage shed Precautions against fire Earthing and bonding to prevent static discharges Pumping by flameproof pump (IS 2148) Cleanliness of installation or storage area Drainage arrangement to prevent accumulation of water Authorised persons to be in charge Testing of earth connections once in a year Housekeeping and Maintenance of the premises
20.
20 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Explosives Act, 1884 and Gas Cylinder Rules, 2004 General Precautions: (1) Cylinder together with their valves and other fittings and identification colours under these rules shall always be maintained in good condition. (2) No oil or similar lubricant shall be used on any valves or other fittings of any cylinder. (3) No cylinder shall be subjected to any heat treatment or exposed to high temperature or to the sun or stored with any other flammable or explosive material. (4) If a leak in the valve cannot be rectified by tightening the gland nut or the spindle, the cylinder shall be removed to an open space where it is least dangerous to life and property and the filler shall be informed.
21.
21 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Explosives Act, 1884 & Gas Cylinder Rules, 2004 Handling and Use: (1) Cylinders shall be adequately supported during handling. (2) Trolleys and cradles of adequate strength shall, as far a possible, be used when moving the cylinders. (3) The Cylinders shall be handled carefully and not allowed to fall upon one another or otherwise subjected to any undue shock. (4) Sliding, dropping or playing with cylinders is prohibited. (5) LPG cylinders shall always be kept in upright position and shall be so placed that they can not be knocked over. (6) Cylinders used in horizontal position shall be so secured that they cannot roll.
22.
22 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Explosives Act, 1884 and Gas Cylinder Rules, 2004 Explosives Licence from Chief Controller of Explosives beyond threshold quantity of storage: The Possession of cylinder filled with LPG does not exceed 100kg at any time Any other flammable but non – toxic gas, when the total number does not exceed 25 or the total weight of gas does not exceed 200 kgs. Whichever is less, at any time. Any non–flammable non-toxic gas, the total number does not exceed 200 at any one time Any toxic gas when the total quantity of cylinders does not exceed 5 at any one time Acetylene gas containing cylinders in dissolved state does not exceed 50 at any one time
23.
23 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Gas Cylinder Rules – Implementation and Auditor Notes Inventory of various Compressed Gas Cylinders Prohibition for the use of Domestic LPG Cylinders for Commercial or Industrial purposes as per LPG Supply Control Order, 2001 including vehicles In case LPG is connected in a manifold, maximum storage allowed is 1000 kgs. in connected cylinders
24.
24 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Electricity Act, 2003 and Indian Electricity Rules, 1956 TO MAKE THE GENERATION, DISTRIBUTION AND USE OF ELECTRICITY AS SAFE AS POSSIBLE A PERSON TO BE DULY AUTHORISED BY THE MANAGEMENT FOR ENSURING SAFETY PROVISIONS LAID UNDER THE ACT & RULES THEREUNDER. TO PERIODICALLY INSPECT SUCH INSTALLATION, GET THEM TESTED AND KEEP RECORDS. RECORDS TO BE MADE AVAILABLE TO THE ELECTRICAL INSPECTOR.
25.
25 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Electricity Act, 2003 and Indian Electricity Rules, 1956 Electric Supply Lines and Apparatus to be of Sufficient Rating for Power, Insulation, Estimated Fault Current and sufficient mechanical strength. Relevant Indian Standard or Electrical Safety Code to follow. Consumer to Ensure the maintenance of installation in safe condition and provision of Cut Out at Consumer’s Premises.
26.
26 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Electricity Act, 2003 and Indian Electricity Rules, 1956 Supply to Vehicles & Cranes. Provision of a suitable switch so that entire voltage can be cut off in one operation. Rails of the EOT Cranes to be continuous and earthed. Street Boxes not to have any ingress of moisture or Gas. Regular Inspection of Street Boxes. Distinction of Different Circuits. There shall be means of permanent indication that the respective circuits are readily distinguishable. Accidental Charge : The circuits and apparatus to be prevented for accidentally becoming Charged with higher voltages. AC and DC Circuits not to come in contact with each other. Provisions applicable to Protective equipment Display of Instructions for restoration of persons suffering from electrical shock.
27.
27 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Electricity Act, 2003 and Indian Electricity Rules, 1956 Intimation of Electrical Accident to Inspector. Precautions by Consumers, Contractors, Workmen & suppliers; Licenced Electrical Contractors to carry out work. Periodic Inspection and Testing of Consumer’s Installation Supply and Use Of Energy - Required Controls of requisite capacity like linked switches with fuses or a circuit breaker for LV & MV Supplies. TRANSFORMERS – • Provision of a linked switch with fuses or circuit breaker of adequate capacity on Primary Side. • A circuit breaker at Primary side for Transformers of 5000 KVA & above. • Similar Provisions on Secondary Side of the Transformer. • Proper Selection of Insulating Materials and no exposure of live parts
28.
28 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Indian Electricity Act & Rules – Implementation and Auditor notes • Numbering / marking of Earth pits and its resistance checking • Nomination of In-charge of Electrical Safety • Electrical Inspection Checklist • Display of danger notices in English and Local language • Availability of Electrical Grade PPE’s • Instructions / training for artificial respiration and availability of personnel throughout the shifts knowing the same • Annual Transformer Oil testing for defined parameters
29.
29 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. Central Motor Vehicles Act, 1988 and Rules, 1989 Maintenance of vehicles Fitness Certificate and Road Worthiness Pollution Under Control Certificate Special provisions for transportation of dangerous goods: Spark Arrestor Manner of Display of Class Labels Driver to take precaution and to be instructed Emergency Information Panel and Class Labels
30.
30 © August 20,
Renyge Technologies. Unpublished proprietary work available only under license. All rights reserved. THANK YOU. Questions? Suggestions? Further Explanations?
[email protected]
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