GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The Andhra Pradesh
Factories Rules, 1950 - Amendment - Notification - Orders -
Issued.
LABOUR EMPLOYMENT TRAINING AND FACTORIES (LAB.II)
DEPARTMENT
G.O.Ms.No. 63 Dated.15.06.2012
Read the following:-
1. G.O.Ms.No.36,
LET & F (Lab.II) Dept, Dt.24.06.2011.
2. From
the DOF, Lr.No.B2/13391/2009, dated.13.04.2012.
ORDER:
The
following notification will be published in the next issue of the Andhra
Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred under sections 40-B
and 112 of the Factories
Act, 1948 (Act No.63 of 1948), the Governor
of Andhra Pradesh hereby makes the following
amendment
to the Andhra
Pradesh Factories Rules, 1950,
the same having
been
previously published
in the Andhra
Pradesh Gazette Rules
Supplement to Part-I, dated:29.09.2011 as required
under sub-section (1) of section 115 of the said Act, and no objections / suggestions have been received with
in the stipulated period.
AMENDMENT
In the said Rules, for Rule 61 A, the following shall be
substituted, namely,
“61-A Safety Officer
(1) QUALIFICATIONS:
(a) A person shall not be eligible for appointment as
Safety Officer unless he-
(i) Possesses
a recognized degree in any branch of engineering or technology
and
has had practical experience of working in a factory in supervisory capacity for a period of not less than two years (or)
A
recognized diploma in any branch of engineering or technology and has had practical
experience of Working in a factory in a supervisory capacity for a period of not less than five years (or)
a recognized Degree in physics or chemistry and has had
practical experience of
working in a factory in supervisory capacity for a period of not
less than three years.
The practical experience for the purpose of
this sub rule shall necessarily be in
manufacturing or maintenance or
Safety Department of a factory
(and also)
(ii)
Possesses a full time degree or diploma or certificate in industrial safety or equivalent of duration not less than one Year awarded by
any university incorporated under the Central or
State Acts or Department of Technical Education or Board of Technical
education of any State Government in India duly following the guidelines as specified in the Annexure at the end of this
Rule.
(iii) has adequate
knowledge of Telugu and the language spoken by majority of the
workers in the region in which the factory
where he is to be appointed is situated.
(b)
Notwithstanding the provisions contained in clause (a), any person who
possesses a
recognized degree or diploma in engineering or technology and has
had experience of not
less than 5 years in a Department of the Central or State Government which
deals with the
administration of the Factories Act, 1948 or
the Indian Dock Labourers Act, 1934; or 
2
Possesses
a recognized degree or diploma in engineering or technology and has had experience of not less than 5 years, full time, on
training, education or research in the field of industrial
safety and occupational
Health in any
institution of Central
or State Government, shall also be eligible for appointment as a
Safety Officer.
Provided
that the Chief Inspector may subject to such conditions as he may specify,
grant
exemption from the requirements of this
sub-rule, if in his opinion, a suitable person
possessing the necessary qualifications and
experience is not available for appointment:
Provided further that
every person who has been working as a Safety Officer after being appointed as
per the prescribed procedure and after his appointment was notified to and taken on record by the Chief Inspector as on date
of commencement of this rule, shall continue
to be a Safety Officer under this rule irrespective of whether he satisfies the
above criteria prescribed in clauses
(a) or (b) above.
(2) Number of Safety Officers to be appointed: The required number of Safety Officers to be appointed
in the factories shall be as specified in the table below.
S.No.
|
Number of Workers
|
Number of Safety Officers to be
appointed
|
1
|
Upto 2000 workers
|
One
|
2
|
From 2001 to 3000
|
Two
|
3
|
From 3001 to 4000
|
Three
|
4
|
From 4001 to 5000
|
Four
|
5
|
From 5001 to 10,000
|
Five
|
6
|
From 10,001 to 20,000
|
Six
|
7
|
For every additional 5,000 workers or fraction there of One
additional
|
|
(3) Recruitment:
(i) Selection for
appointment to the post(s) of Safety Officer(s) shall be made from among
the candidates applying for the post(s) by a
committee appointed by the Occupier of the
factory
(ii) The appointment when
made shall be notified by the Occupier to the Chief Inspector of
Factories giving the details of the
qualifications, age, pay, previous experience and other
relevant particulars of the officer
appointed along with the terms and conditions of his
service. The Chief Inspector may call
for further additional information if not satisfied with
the information furnished by the occupier. The Chief Inspector, if satisfied,
shall ratify the
appointment of the Safety Officer in
the factory in writing within 30 days from the date of
receipt of the information or the
additional information, as the case may be, furnished by the
occupier.
Provided that
any person who
has already been
ratified once for
the post of Safety
Officer or Chief Safety Officer in any factory situated in the State of Andhra
Pradesh is eligible for appointment as Safety Officer
/ Chief Safety Officer in any other factory carrying out
similar manufacturing process / activity and in such cases, the occupier shall send an
intimation in writing duly referring the same to the Chief Inspector of
Factories for the purpose of this sub rule.
(4) Conditions of Service:
(a)
Wherever more than one safety officer is to be appointed in a factory as required
by this rule, one of them shall be designated as the Chief Safety Officer
by a committee appointed by the occupier and
shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety
functions as envisaged in sub-rule (5) and other Safety Officers working under his control.
(b)
The Chief Safety Officer or the Safety Officer in the case of factories where
only one
Safety Officer is required to be appointed
shall be given the status of a senior executive and
he shall work directly under the control of the Chief Executive of the factory.
All other Safety 
3
Officers
shall be given appropriate status to enable them to discharge their functions effectively.
(c)
The scale of pay and the allowance to be granted to the Chief Safety Officer or
the Safety Officer, and the conditions of their
service shall be the same as those of the officers of the corresponding status in the factory. In no case
they shall be less than the total emoluments
being paid by a State Government to an Inspector of Factories at the minimum of his scale of pay,
in case of a Safety Officer and to
that of a Deputy Chief Inspector of Factories
in case of a Chief Safety Officer
(d)
The conditions of service of Safety Officer shall be the same as those of the
other members of the executive staff of
corresponding status in the factory.
(e) The
services of a Safety Officer shall not be discharged with, or he shall not be
reverted, without the written concurrence of the Director of Factories,
Hyderabad who shall record reasons
therefore.
(f)
No punishment such as withholding of increments, including stoppage at any
efficiency bar, reduction to a lower state in the time
scale, suspension dismissal or termination of service,
except censure shall be imposed by the management on a Safety Officer, except with the previous concurrence of the Director of
Factories.
(g) A Safety Officer, who
has been dismissed from service or whose services have been terminated in any other manner than as provided
above may within 30 days from the date of receipt of the order by him, appeal
to the State Government against the order of punishment made by the management with the concurrence of the
Director of Factories and the decision
of the State Government thereon shall be final.
Provided
that when the management terminates the service or probation of a safety
officer the reasons for such a termination of service
or probation shall be reported to the State Government
or such authority, as may be, empowered by them in this behalf.
(5) Duties:
The duties of
the Safety Officer
shall be to
advise and assist
the factory management in the fulfillment of its obligation,
statutory or otherwise, concerning prevention of
personal injuries and maintaining a safe working environment. These duties
shall include the following namely;
(i) to advise the concerned department in a factory in
planning and organizing
measures necessary for the effective control of
personal injuries.
(ii) to check and
evaluate the effectiveness of the action taken or proposed to be
taken to prevent personal injuries;
(iii) to advise on safety
aspects in all job studies, and to carry out detailed job safety
studies of selected jobs;
(iv) to advise the
purchasing and stores department in ensuring high quality and
availability of personal protective equipment;
(v) to provide advice
on matters related to carrying out plant safety inspections;
(vi) to carry out
plant safety inspections in order to observe the physical conditions of
work and the work practices and procedures followed by the workers
and to
render advice on
measures to be
adopted for removing
unsafe physical
conditions and preventing unsafe actions by workers;
(vii) to render advice
on matters related to reporting and investigation of industrial
accidents and diseases;
(viii) to investigate
all reportable accidents;
(ix) to investigate
the case of
industrial diseases contracted
and dangerous
occurrences
under Rule 96;
4
(x) to advise on
the maintenance of such records as are necessary relating to
accidents,
dangerous occurrences and industrial diseases;
(xi) to promote
setting up of safety committees and act as adviser and catalyst to such
committees;
(xii)
to be instrumental in designing and implementing the various creative
initiatives in
association with
the concerned departments
like campaigns, competitions,
contests
and other activities which will develop and maintain the interest of the
workers and enhance the workers participation in occupational safety
and health
management.
(xiii) to design and conduct either
independently or in collaboration with the training
department,
suitable training and educational programmes towards occupational
safety
and health management.
(xiv) to coordinate with qualitative and
quantitative risk assessment studies with either
internal or
external resources and
follow up the
compliance of all
the
recommendations/suggestions;
(xv) to
coordinate all third party inspections / survey / investigations / testing and
examinations either
statutory or otherwise
aimed towards management
of
occupational
Safety and Health;
(xvi) to
advise the management
of the factory
in fulfilling obligations
under all
occupations
Safety and Health related legislations applicable.
(6) Facilities: An occupier
of the factory shall provide each Safety Officer with such
facilities, equipment, staff, information
etc., as are necessary to enable him to discharge his
duties effectively but not less than those recommended, if any, by the Chief
Inspector, from
time to time.
(7) Prohibition of Performance of other duties: No Safety officer shall be required or permitted to do any work which is inconsistent with or
detrimental to the performance of the duties prescribed
in sub-rule (5)
(8)
Safety Officer’s Report: Every Chief Safety officer or Safety officer where there is no Chief safety officer, working in a factory as
required under this rule, shall submit through the occupier of his factory, a report in writing with
all relevant details to the Chief inspector of Factories, in the month of
January every year, on the activities/initiatives taken up during the preceding calendar year and the progress
achieved.
ANNEXURE
(See item (ii) of sub-rule (1) (a) of Rule 61-A)
GUIDELINES
FOR DIPLOMA AND DEGREE COURSES ON INDUSTRIAL SAFETY FOR APPOINTMENT OF SAFETY OFFICERS.
1. Contents of Course and
Teaching Hours: The course leading to the grant of diploma or degree in Industrial safety should fulfill the
following minimum requirements:
(a)
The hours allocated for teaching of subjects on Industrial Safety (including
industrial health) should not be less than that allocated
by Central Labour Institute, Mumbai for the course of Advanced Diploma in
Industrial Safety. This includes time allocated for lectures, discussion, seminars, case studies, and laboratory
work but does not include the time allocated
for visit to the factories and term work / project works;
(b)
The subjects of study shall be in confirmation to the syllabus followed by
Central Labour Institute, Mumbai for the course of Advanced Diploma in Industry
Safety;
(c)
The Chief Inspector may add or substitute any of the subjects and topics in the
said syllabus depending upon the need based
requirement of industry and technologies.
5
2. Standard
for Admission to the Course:
(A)
Basic Educational qualification and Minimum Experience required for admission
to the Course leading to a degree or diploma or
certificate course in Industrial Safety:
Basic Educational Qualifications
Recognised degree in any branch of technology / engineering
|
Minimum Experience required
|
Recognised degree in
any branch of technology / engineering
|
No experience is
required for the
purpose of admission to the
said course.
|
Recognised Diploma in
any branch of technology
/ engineering
|
At least 2 years of
practical experience in supervisory capacity
in manufacturing, maintenance
or safety department in a
factory
|
Recognised
degree in physics / chemistry.
|
At least 1 year of
practical experience in supervisory capacity
in manufacturing, maintenance, R&D
or safety department in a factory.”
|
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
J.C. SHARMA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The
Commissioner, Printing, Stationary
and Stores, Purchases,
Andhra Pradesh,
Hyderabad
with a request to furnish the Notification in the next edition of A.P.
Gazette
and furnish 1000 copies to the office of the Director of Factories, Andhra
Pradesh,
‘B’ Block, 5th floor,
B.R.K.R. Bhavan, Tankbund road, Hyderabad - 500
063 and 10 copies to the
Principal Secretary to Government, Labour, Employment,
Training and Factories Department, Government of Andhra Pradesh,
Hyderabad. Copy to:
The
Director of Factories, A.P. Hyderabad. The Law (B) Department.
The P.S. to Principal Secretary, LET & F Department.
The P.A. to Joint Secretary, LET & F Department.
Sf/sc.
// FORWARDED :: BY ORDER //SECTION OFFICER
