The Labour Welfare And Skill Development Department, Tamil Nadu on April 11, 2022 has issued the Draft Occupational Safety, Health and Working Conditions (Tamil Nadu) Rules, 2022 to supersede the following rules:
o The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975;
o The Tamil Nadu Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983;
o The Tamil Nadu Beedi and Cigar Workers (Conditions of Employment) Rules, 1968;
o The Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2006;
o The Tamil Nadu Factories Rules, 1950;
o The Tamil Nadu Safety Officers (Duties, Qualifications and Conditions of Service) Rules, 2005;
o The Tamil Nadu Factories (Welfare Officers) Rules, 1953;
o The Tamil Nadu Control of Industrial Major Accident Hazards Rules, 1994;
o The Tamil Nadu Plantations Labour Rules, 1955; and
o The Tamil Nadu Motor Transport Workers Rules, 1965;
The foremost provisions of the rules are as followed:
• Annual Health Examination of employees under clause (c) of sub-section (1) of section 6.-Every employer, shall arrange to conduct free of cost, medical examination for every worker annually, that is within 120 days from the commencement of the every calendar year who has completed 45 years of age. The medical examination shall be conducted by a qualified medical practitioner as per proforma in the FORM III.
•Notice of accidents and dangerous occurrences under sub-section (1) of section 10 and section 11.- (1) Where at any place in an establishment, an accident occurs which results in the death of any person, the employer of the establishment shall forthwith inform by telephone or special messenger or electronically to the Inspector-cum-Facilitator, Chief Inspector-cum- Facilitator, District Collector or Sub-Collector / Revenue Divisional Officer, the Officer-in-charge of the nearest police station and the family members or kin of the deceased person and shall forthwith send a notice thereof in FORM IV electronically or through special messenger within 12 hours of the occurrence of the accident.
(2) Where at any place in an establishment, an accident occurs which results in 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 of the establishment shall forthwith send a notice in FORM IV within twenty four hours after the completion of forty eight hours, electronically or through special messenger or through post to the Inspector-cum-Facilitator.
(3) Wherein an establishment there is any dangerous occurrence as specified in the list annexed hereto, whether causing any bodily injury or disability or not, a notice in FORM IV shall within twelve hours be sent to:
(a) The Inspector-cum-Facilitator;
(b) District Collector or Sub-Collector / Revenue 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 sub-rules have been sent, the employer of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub-rules (1) and (2) 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 referred to in sub-rule (2) 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.
(4) No injured person shall be allowed to return to work without a fitness certificate issued by a qualified medical practitioner.
(5) Wherever the person injured does not return to work in the establishment before the expiry of 21 days after the occurrence of the accident with or without disablement and wherever the person injured returns to work in the establishment after sustaining compensable disablement as a result of the accident, the employer of the establishment shall send to the Inspector-cum-Facilitator within 28 days of the occurrence of the accident, a written report in the prescribed FORM V and follow it up as necessary with further reports in the same FORM V once every fortnight thereafter, until the final report on the date of return to work of the person injured is made. In the event of the person injured not returning to work of his own accord or otherwise the full circumstances of the same should also be reported to the Inspector-cum-Facilitator by the employer of the establishment within seven days of his name being removed from muster roll of the establishment. Even if the person injured were to be covered by the Employees' State Insurance Scheme, it shall be the responsibility of the employer of the establishment to obtain the relevant information for the purpose of this rule in FORM V and report the same to the Inspector-cum-Facilitator.
LIST OF DANGEROUS OCCURRENCES
The following classes of dangerous occurrences, whether or not they are attended by personal injury or disablement, namely:-
(i) Bursting, of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at a pressure greater than the atmospheric pressure;
(ii) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane;
(iii) Fire, Explosion, leakage or release of harmful toxic gases, bursting out, leakage or escape of any molten metal, or hot liquid or gas and implosion;
(iv) Explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas;
(v) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or construction material or breakage or failure of rope, chain or loose gears; overturning of cranes used in building or other construction work; falling of objects from height;
(vi) collapse of any wall, floor, gallery, roof bridge, tunnel, chimney, wall, building or subsidence of soil or any other structure, platform, staging, scaffolding or any means of access including formwork; contact work, excavation and collapse of transmission;
(vii) Spillage or leakage of hazardous substances and damage to their container; collapse, capsizing, toppling or collision of transport equipment within the establishment;
(viii) fall from height of any excavation, loading or transport machinery;
(ix) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a bump) in working below ground;
(x) a rock-burst in working belowground; a premature collapse of any part of the working;
(xi) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered;
(xii) a slide causing injury to any person, damage to any machinery, or interruption of normal mining operations;
(xiii) failure of dump or side in opencast working; a blowout;
(xiv) a failure of any structure or installation whereby the safety of persons may be endangered; or spark generated due to electrical flash-over causing burn injury to any person;
(xv) a major uncontrolled emission of petroleum or chemical spillage;
(xvi) Excessive radioactive emission.
• Duties of employee under clauses (d) and (g) of section 13.- If an employee comes to know that of any unsafe or unhealthy condition in the establishment, he shall report to the employer, supervisor or safety officer and Inspector-cum-Facilitator, as soon as practicable, electronically or in writing or telephonically.
• Rights of Employee under sub-section (3) of section 14.- On receipt of information from the employee relating to the existence of an imminent danger to their safety and health, the employer shall take immediate remedial action in this regard. The employer, whether satisfied or not, shall send a report forthwith of such actions taken, to the Inspector-cum-Facilitator electronically or by registered post or speed post within forty eight hours of receipt of information.
• Daily and weekly working hours under clause (b) of sub-section (1) of section25.- (1) No worker shall be required or allowed to work in an establishment for more than forty eight hours in any week.
(2) The period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than twelve hours in a day.
(3) The periods of work of workers shall not exceed five hours continuously and that no worker shall work for more than five hours continuously before he has had an interval for rest of at least half an hour.
• Compensatory holidays.-(1) Where, a worker is deprived of any of the weekly holidays for which provision is made under section 26, except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (3) of section 26 of the Code shall be so spaced that not more than two compensatory holidays are given in one week.
(2) The employer of the establishment shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of work prescribed under section 31 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.
(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.
• Notice of periods of work under sub-section (2) of section 31.- The notice referred to in sub-section (2) of section 31 shall be displayed at conspicuous places on a notice board or electronic board in Tamil, English and language understood by the majority of the employees in FORM VI and copy of such notice shall be sent to Inspector-cum-Facilitator electronically or by registered post.
• Display of notice board.-Every employer shall cause to display at the conspicuous place of the workplace or publish in the website of the establishment under his control, notice showing the name, address and registration number of the establishment, hours of work, wage period, date of payment of such wages, name, address and contact number of the Inspector-cum-Facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in Tamil or English.
• Return.-Every employer of an establishment shall electronically submit annually a return relating to such establishment in FORM IX to the Inspector-cum-Facilitator having jurisdiction through the Online Portal of Directorate of Industrial Safety and Health or Labour Department, as the case may be, so as to reach him not later than 31stJanuary following the end of each calendar year with a copy to Director General, Labour Bureau.
• Employment of Women in establishment under section 43.- The following conditions shall be met for employment of women before 6.00 a.m. and beyond 7.00 p.m in any day, namely:-
(1) the consent of women employee shall be taken;
(2) No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (Central Act 36 of 2020);
(3) Adequate transportation facilities shall be provided to women employee to pick-up and drop such employee at her residence;
(4) The workplace including passage towards conveniences or facilities concerning toilet, washrooms, drinking water, entry and exit of women employee should be well-lit;
(5) The toilet, washroom and drinking facilities should be near the workplace where such women employees are employed;
(6) Sanitary napkins of adequate quantity conforming to relevant Indian Standards formulated by Bureau of Indian Standards shall be provided and maintained in the women’s toilets for their use, and the same shall be replenished on daily basis;
(7) Disposable bins with lids shall be provided within the women’s toilets for the collection of the used sanitary napkins. The used sanitary napkins shall be disposed off in a safe, hygienic and eco-friendly process by using suitable electrical incinerator;
(8) Provide safe, secure and healthy working condition such that no women employee is disadvantaged in connection with her employment; and
(9) The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013), as applicable to the establishments, shall be complied with.
• Adequate safety of employment of women under section 44.- (1) Notwithstanding anything contained in any rule made under the Code, every woman employed in manufacturing process wherein dust or fume or other impurity is given off, shall be provided with suitable respirator, nose mask etc.,
(2) No woman worker shall be engaged to work near the machinery in motion without wearing head cap, apron and suitable overcoat so as to avoid the risk of bodily injury from any moving part.
(3) Notwithstanding the provisions under clause (iv) of sub-section (1) of section 24, suitable arrangements for sitting shall be provided and maintained separately for all women obliged to work in the standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
(4) As far as practicable woman worker shall not be engaged in any workplace involving poor ergonomics detrimental to the safety and health.
(5) The employer carrying on hazardous process and dangerous operations shall disseminate the information to every woman in relation to dangers, physical and health hazards arising from the exposure, handling, transportation, storage and other processes involved therein and such information shall be in Tamil and in the language understood by every woman.
• Forms, terms and conditions of licence (For Contract Labour).-(1) Every licence granted shall be in FORM XIII. (2) Every licence granted or renewed is subject to the following conditions, namely:—
(i) the licence shall be non-transferable;
(ii) the number of workers employed as contract labour by the contractor shall not, on any day, exceed the maximum number specified in the licence;
(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable;
(iv) 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 (Central Act 29 of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.
• Responsibility of contractor under sub-section (4) of section 48.- (1) 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 (Central Act 29 of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.
(2) 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 be referred to the Inspector-cum-Facilitator whose decision shall be final.
(3) 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 made thereunder.
(4) All contract labour shall be made member of Employees’ Provident Fund Organisation and Employees’ State Insurance Scheme subject to applicability as under respective provisions of the Code on Social Security, 2020 (Central Act 36 of 2020).
(5) The contractor shall notify in FORM XII any change in the number of workers or conditions of work or any other particulars already furnished to the Licensing Authority, electronically.
• Responsibility of Payment of wages under section 55.- (1) The contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month.
(2) The wages of every person employed as contract labour in an establishment or by a contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages are payable.
(3) The wages shall be disbursed through bank transfer or electronic mode only.
• Journey allowance to Inter-State Migrant Worker under section 61.-The employer shall pay to every inter-state migrant worker employed in his establishment, in a year a lump sum amount of fare for to and from journey to his native place from the place of his employment based on the following conditions, namely:-
(1)The minimum service of the worker entitled for journey allowance shall be one hundred and eighty days;
(2) The journey allowance shall be provided for minimum sleeper fare by train; and
(3) The employer shall pay a lump sum amount of one hundred rupees per family member per day for the period of travel of the worker (if family is staying with him at the location of his workplace) for food during the journey.
• Manner of compounding of offences by the authorized officer specified under sub-section (1) of section 114.- (1) The officer shall be notified by the Government for the purposes of compounding of offences under sub-section (1) of section 114 of the Code.
(2) Any person seeking composition of penalty or offence as specified in sub-rule (1) shall file an application in FORM XXX to the concerned officer mentioned in sub-rule (1).
(3) The concerned officer mentioned in sub-rule (1) shall take decision and issue notice within fifteen days from receipt of application under sub-rule (2).
(4) The person applied as per sub-rule (2) shall deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.
(5) The Compounding Officer shall issue a composition certificate within seven days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.
(6) The concerned officer mentioned in sub-rule (1) shall duly send the copy of composition certificate to the officer who imposed penalty or the court where prosecution is instituted.
(7) If a person so noticed fails to deposit the composition amount within one month, the prosecution shall be proceeded with before the competent Court.
(8) No prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subject to proviso of sub-section (1) of section 110 and compounding as under section 114 of the Code.
(9) The amount of composition received during the month shall be credited to the fund mentioned in sub-section (1) of section 115 for the unorganized workers, before the 7th day of the succeeding month.
(10) The amount of composition received and credited shall be recorded in a register to be maintained in FORM XXXI.
• Safety of machinery and plant.-(1) Without prejudice to the matters listed in the Second Schedule, no machinery, plant or equipment shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of bodily injury.
(2)Wherever practicable and considered necessary by the Inspector-cum-Facilitator, service platforms and gangways shall be provided for overhead shafting and when required by him these shall be securely fenced with guards, rails and toe boards.
(3) Safe access shall be provided to all bearing clutches, belt shifting levers and all such other appliances which are required to be handled or operated while the machinery is at work.
(4) All ladders used in replacing belts or in attending similar overhead machinery shall be specially made for that work and provided with books or an effective non-skid device.
(5) No transmission machinery in motion shall be cleaned with cotton waste, rags or similar materials held in hand. (6) All belts shall be regularly examined to ensure that the joints are safe and the belts are kept in proper tension. (7) Each water gauge glass of a boiler shall be fitted with an efficient guard.
(8) All condenser pipes of steam engines and exhaust pipes of oil engines; shall be adequately guarded.
*Disclaimer -Kindly find the detailed rules and Forms in the attached document.
All persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of 45 days from the date on which the copies of the Tamil Nadu Government Gazette in which this Notification is published are made available to the public;
Objection or suggestion, if any, may be addressed to the Secretary to Government, Labour Welfare and Skill Development Department, Government of Tamil Nadu through the Director of Industrial Safety and Health, Guindy, Chennai 32. (e-mail id: cif@ tn.gov.in). The objection or suggestion should be sent in a proforma containing columns, (i) specifying the name and address of the persons and organisations (ii) specifying the rule or sub-rule which is proposed to be modified and (iii) specifying the revised rule or sub-rule proposed to be substituted and the reasons therefor;
Objections and suggestions, which may be received from any person or organisation with respect to the said draft rules before expiry of the period of 45 days, specified above, will be considered by the Government of Tamil Nadu.
[Notification No. SRO A-8(c)/2022.]
