Rule 22. Safety Committee under Section 22

(1) Every establishment which is a,

(a) factory employing two hundred and fifty persons or more; or

(b) Factory categorized as Major accident hazard Installation under MSIHC Rules or,

(c) Factory engaged in hazardous process as defined under section 2(1)(za)of the code wherein 50 persons or more are employed; or

(d) factory engaged in dangerous operations under section 82 of the code wherein 50 persons or more are employed or

(e) Building or other construction work wherein two hundred and fifty persons or more are employed.

Shall constitute a safety committee consisting of equal representatives of employers and employees/workers.

(2) The representatives of the employer on safety committee shall include

(a) A senior official, who by his position in the organization can contribute effectively to the functioning of the committee, shall be the Chairman.

(b) A safety officer and a factory Medical Officer, wherever available and the safety officer in such a case shall be the Secretary of the Committee.

(c) A representative from each of the heads of the major departments of the establishments, such as production, maintenance and purchase departments, etc.

(d) The representative of the workers in the Safety Committee shall be chosen in the following manner namely:

(e) where there is a sole negotiating union under sub-section (2) or sub-section(3) of section 14 or a negotiating council under sub-section(4) of section 14 of the Industrial Relations Code,2020 (35 of 2020), as the case may be, shall nominate the worker‘s representatives on the Safety Committee and in the case of the negotiating council, the nomination shall be in the manner that every registered Trade Union representing in negotiating council shall be represented in the Safety Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union;

(f) where there is no such sole negotiating union or negotiating council as referred to in clause (a), the workers of the industrial establishment shall choose amongst themselves the workers' representatives on the Safety Committee:

Provided that, the employer may deploy an electronic process of conducting the process of choosing a representative of workers over an information technology application, online platform or another platform under:

Provided further that there shall be adequate representation ofwomen workers on the Safety Committee and such representation shall not be less than the proportion of women workers to the total number of workers employed in the industrial establishment:

Provided also that in case there is no recognized negotiating union or negotiating council and where any dispute arises regarding the choice of the worker’s representative to the Safety Committee, the matter may be referred to the concerned Chief Inspector-cum-Facilitator, who shall, after hearing the parties, decide the matter and his decision shall be final.

(3) The tenure of the committee shall be co-terminus with the tenure of the Trade Union or three years where there is no Trade Union.

(4) Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(5) The owner or employer or occupier or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations. A compliance report to the recommendations of the safety committee shall be submitted to the Inspector cum Facilitator

(6) The minutes of the meeting shall be recorded and produced to the Inspector-cum-Facilitator on demand.

(7) The safety committee shall have the right to be adequately and suitably informed of-

(a) Potential safety and health hazards to which the workers may be exposed at the workplace.

(b) Data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances, so far as the factory/ building and other construction establishments are concerned:

Provided that the committee shall undertake to use the data on a confidential basis and solely for the purpose of providing guidance and advice on measures to improve the working environment and the health and safety of the workers.

(8) Function and duties of the safety committee shall include-

(a) Assisting and cooperating with the management in achieving the aims and objectives outlined in the 'Health and Safety Policy' of the establishment.

(b) Dealing with all matters concerning health, safety and environment, and to arrive at practicable solutions to problems encountered.

(c) Creating safety awareness amongst all workers.

(d) Undertaking educational, training and promotional activities.

(e) Discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports.

(f) Carrying out health and safety surveys and identifying causes of accidents.

(g) Looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggest corrective measures; and

(h) Reviewing the implementation of the recommendations made by it.

(9) Where, owing to the size of the factory/building and other construction establishments, or any other reasons, if the functions referred to in sub-rule (i) cannot be effectively carried out by the Safety Committee, it may establish sub-committees as may be required to assist it.