Rule 33. Safety Officer

(1) There shall be one Safety Officer, -(a) for factories employing between five hundred and one thousand workers:

(b) Provided that for the purposes of this clause, there shall be an additional Safety Officer for every five hundred workers or a fraction thereof; or

(c) for factories carrying on hazardous process or establishments carrying on building or other construction works, employing between two hundred fifty workers and five hundred workers.

Provided that for the purposes of this clause, there shall be an additional Safety Officer for every two hundred fifty workers or a fraction thereof.

(2) A person shall not be eligible for appointment as a Safety Officer, unless he, -

(i) possesses a degree of a recognised university or institution in any branch of Engineering or Technology and has practical experience of working in a factory or building or other construction work in a supervisory capacity for a period of not less than two years or possesses a degree in Physics or Chemistry from a recognised university or institution and has practical experience of working in a factory or building or other construction work in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of engineering or technology and has practical experience of working in a factory or building or other construction work in a supervisory capacity for a period of not less than five years;

(ii) possesses a diploma or degree in industrial safety or occupational safety and health recognised by All India Council for Technical Education or University Grants Commission; and

(iii) has adequate knowledge of language spoken by majority of the workers in the region in which the factory or building or other construction work where he is to be appointed, is situated.

(3) Notwithstanding anything contained in sub-rule (2), any person who possesses a degree or diploma in Engineering or Technology of a recognised university or institution and has an experience of not less than ten years in a department of the Central Government/State Government/UT Administration of which dealt with the administration of the Factories Act, 1948 or the Indian Dock Labourers Act, 1934 or the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 or deals with the Code Occupational Health, Safety and Working Conditions Code 2020, shall also be eligible for appointment as a Safety Officer:

Provided that in the case of a person who has been working as a Safety Officer in an establishment for a period of not less than three years on the date of commencement of these rules, the Chief Inspector-cum-Facilitator may, subject to conditions as he may specify, relax all or any of the above said qualifications.

(4) The occupier of the factory or employer of building or other construction establishment, as the case may be, shall inform the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator of the area about appointment of the Safety Officer or Chief Safety Officer within seven days from such appointment.

(5) The Chief Inspector-cum-Facilitator may endorse such appointment if it is in accordance with the section 22 of the Code and this rule.

(6) Where more than one Safety Officers are appointed in an establishment, one of them shall be designated as the Chief Safety Officer and shall be the overall in charge of the Safety functions as envisaged in sub-rule (10).

(7) The Chief Safety Officer or the Safety Officer in the case of an establishment where only one Safety Officer is required to be appointed, shall be given the status of a senior executive and shall work directly under the control of the employer.

(8) The scales of pay and allowances to be granted to the Safety Officers, including the Chief Safety Officer, and the other conditions of their service shall be the same as those of the officers of corresponding status in the establishment.

(9) Against the order of dismissal or discharge, a Safety officer shall have the right of appeal to the Administration of Lakshadweep. Following shall be the duties of a Safety Officer, namely: -(i) to advise and assist the management of the establishment in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintenance of a safe working environment;

(ii) to advise the concerned departments in planning and organising measures necessary for the effective control of person injuries;

(iii) to advise on safety aspects in all job studies, and to carry out detailed job safety studies of selected jobs;

(iv) to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;

(v) to advise the purchase and stores departments in ensuring high quality and availability of personal protective equipment;

(vi) to advise on matters relating to plant safety inspections;

(vii) to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;

(viii) to tender advice on matters relating to reporting and investigation of industrial accidents and occupational diseases;

(ix) to investigate accidents;

(x) to investigate the cases of occupational diseases contracted and dangerous occurrences reportable under the Code;

(xi) to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and occupational diseases;

(xii) to promote setting up of safety committees and act as advisor and convener to such committees;

(xiii) to organise in association with the concerned departments of the establishment campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and

(xiv) to design and conduct either independently or in collaboration with the training department of the establishment, suitable training and educational programmes for the prevention of personal injuries.

(10) An employer of the establishment shall provide each Safety Officer with such facilities, equipment and information as are necessary to enable him to discharge his duties effectively.

(11) No Safety Officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties specified in sub-rule (10).