Rule 2. Definitions

(i) In these rules, unless the context otherwise requires, -

(a) “Appeal” means an appeal preferred under sub-section (1) of section 4

(b) “Appellate officer” means the appellate officer appointed by the Government under subsection (1) of section 4 and section 75.

(c) “Appellate Authority” means an authority prescribed by the Government of Andhra Pradesh under sub-section (6) of section 119;

(d) "Approved” means approved in writing by the Chief Inspector-cum-Facilitator or the officer notified by the Government in this regard, as the case may be;

(e) “Authority” means an Authority designated by Andhra Pradesh Government under sub section (1) of section 119 of the Code;

(f) “Board” means the Andhra Pradesh Occupational Safety and Health Advisory Board constituted by the State Government under sub-section (1) of section 17.

(g) “Code” means the Occupational Safety, Health and Working Conditions Code,2020 (Central Act No.37 of 2020);

(h) “Committees” mean committees appointed by the Andhra Pradesh State Government under sub-section (3) of section 17.

(i) “Calendar Year” means the period of twelve months beginning with the first day of January in any year;

(j) “Chief Inspector-cum-Facilitator” means a Chief Inspector-cum-Facilitator appointed by the Government of Andhra Pradesh under sub-section (5) of section 34;

(k)“Commissioner of Labour” means the head of the Labour Department and includes varied designations such as “Special Commissioner of Labour” based on the incumbent Officer;

(l) "Competent person" means a person or an institution recognized as such by the Chief Inspector-cum-Facilitator notified as such by the Governmentof Andhra Pradesh, for the purposes of carrying out tests, examinations and inspections required to be done in an establishment, having regard to –

(i) The qualifications and experience of the person and facilities available at his disposal; or

(ii) The qualifications and experience of the persons employed in such institution and the facilities available therein.

(m) “Compounding Officer” means an officer notified by the Government of Andhra Pradesh under sub-section (1) of section 114 of the Code;

(n) "District Magistrate", in relation to an establishment, means the District Magistrate who is vested with the executive powers of maintaining law and order in the revenue district in which the establishment is situated;

(o) “Electronically or Online” means any information submitted by digital mode or uploaded on the designated portal or digital payment in any mode for the purpose of the Code;

(p) “Enquiry Officer” means an Officer appointed by the Government of Andhra Pradesh for holding an enquiry under section 111 of the Code;

(q) “Form” means a form annexed to these rules;

(r) “Hazardous Substance” means any substance which has been prescribed in Part-I and Part II of Schedule-1 of the Manufacture, Storage, Import of Hazardous Chemicals Rules, 1989, as amended from time to timeand any other substances as notified by the Government of India or the Government of Andhra Pradesh from time to time

(s) “Health Surveillance Officer” means a qualified medical practitioner, who shall possess any recognised medical qualification as defined in the National Medical Commission Act, 2019 (30 of 2019) and who is enrolled on the Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (l) of section 35, 36, 37 and 40 of the Act and possess a certificate of Training in Industrial Health of minimum three months duration recognized by the State Government, employed by the occupier for the purpose carrying on the medical surveillance of the employees/workers employed in the prescribed operations/process in the factory or part of the factory.

(t) “Inspector-cum-facilitator” means a person appointed by the Government by notification under the sub-section (1) of section 34.

(u) “Licensing Authority” means authority appointed by the State Government by notification under sub-section (1) of Section 119 and Section 74.

(v) “Local Authority” means the Commissioner in the case of an area within the limits of a municipality or corporation, the executive officer in the case of an area within the jurisdiction of a panchayat and the president of a district board in the case of any other area.

(w) “Maintained” means maintained in an efficient state, in efficient working order and in good repair.

(x) “Manager”: - A person nominated or appointed by the employer or occupier or owner who is heading the establishment by his position and possesses the administrative control over the day-to-day affairs of the establishment falling into scope of this code.

(y) “Member” means a member of the Board and includes its Chairperson.

(z) “Plant or Equipment” includes any plant, equipment, gear, machinery, apparatus or appliance, or any part thereof;

(za) “Power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

(zb) “Pressure” means air pressure in bars above atmospheric pressure;

(zc) “Pressure Plant” Means the pressure vessel along with its piping and other fittings, operated at a pressure greater than the atmospheric pressure.

(zd) “Prime mover” means any engine, motor or other appliance which generates or otherwise provides power;

(ze) “Public health authority” means the local health officer having jurisdiction over the area;

(zf) “Qualified Person” means a person designated by the employer who, by his experience and knowledge of necessary precautions against risks of danger or hazard, is fit to undertake such work;

(zg) “Qualified Nurse” means a person who possesses a qualification in nursing recognized under the Indian Nursing Council Code,1947 or a similar registered body of any State in India;

(zh) “Quarter”- Quarter (Q) is a three-month period within the Financial Year (April 1st to March 31st), typically Q1 (Apr-Jun), Q2 (Jul-Sep), Q3 (Oct-Dec), and Q4 (Jan-Mar).

(zi)“Registering Officer” means the registering officer appointed by the State Government under sub-section (2) of section 3.

(zj)“Responsible person” means a person employed in the establishment who is, by virtue of his position in the establishment, assigned with the specific responsibilities in executing theaffairs of the establishment under this code & Rules in his respective designated domain.

(zk) “Section” means the Section of the Code.

(zl)“Social Security fund” means the Andhra Pradesh Social Security fund established under the Social Security Code, 2020 (Central Act No.36 of 2020)

(zm)“Schedule” means the schedule appended to these rules.

(zn) “State” or “State Government” shall mean the State of Andhra Pradesh and the Government of Andhra Pradesh, as the case may be

(zo)"Standards" means standards as approved by the Bureau of Indian Standards, and in theabsence of such standards, the standards approved by the State Government for a specific purpose or international standards;

(zp) “Standard Safe Operating Practices” means the practice followed for the safety and healthof workers and safe operation of machinery, process and equipment used in such practicesand conforms to all or any of the following,

(i) Relevant standards approved by the Bureau of Indian Standards or International Standards;

(ii) National Building Code;

(iii) manufacturer’s instructions on safe use of equipment and machinery

(iv) Code of practice on safety and health practices published by the International Labour Organisation and amended from time to time.

(v) code of practice published or notified by the chief inspector cum facilitator

(zq) "Week" for the purposes of Section 2 (zzk) of the code and these rules shall mean, for any local area or any class of establishments, the period of seven days commencing from the mid-night of Saturday or of such other day preceding the day on which the establishments of that area or class are ordinarily closed every week according to any scheme, order, arrangement, regulation, usage or custom, Provided that, where work is ordinarily carried on continuously in the establishment on all days of the calendar week, the term "week" in relation to any worker of the establishment shall mean that period of seven days commencing from the day on which the worker is not required to work.

(2) The words and expressions used in these rules that are not defined therein, but are in the Code, shall have respectively meaning assigned to them in the Code.