Rule 105. Health and Safety policy under sub-section (2) of section 84

(1) In every factory,-(a) wherein more than 100-workers are ordinarily employed.

(b) which carries on any process or operation declared to be dangerous under Section 82 of the Code and employing more than 50 workers or

(c) which carries on 'hazardous process' as defined under section 2(za) of the Code and employing more than 50 workers.

(d) the occupier shall prepare a written statement of his policy in respect of health and safety of workers at work.

(2) Notwithstanding anything contained in sub-rule (1), the Chief Inspector may require the occupier(s) of any factory or class or description of factories to comply with the requirements of sub- rule (1), if, in his opinion, it is expedient to do so.

(3) The Health and Safety policy should contain or deal with,-

(a) declared intention and commitment of the top management to health, safety and environment and compliance with all the relevant statutory requirements;

(b) organisational set up to carry out the declared policy clearly assigning the responsibility at different levels; and

(c) arrangements for making the policy effective.

(4) In particular, the policy should specify the following:-

(a) arrangements for involving the workers;

(b) intention of taking into account the health and safety performance of individuals at different levels while considering their career advancement;

(c) fixing the responsibility of the contractors, sub-contractors, transporters and other agencies entering the premises;

(d) providing a resume of health and safety performance of the factory in its Annual Report;

(e) relevant techniques and methods, such as safety audits and risk assessment for periodical assessment of the status on health, safety and environment and taking all the remedial measures;

(f) stating its intentions to integrate health and safety, in all decisions including those dealing with purchase of plant, equipment, machinery and material as well as selection and placement of personnel;

(g) arrangements for informing, educating and training and retraining its own workers and employees at different levels and the public wherever required; and

(h) obligations of worker and employees for promoting health and safety.

(5) A copy of the declared Health and Safety Policy signed by the occupier shall be made available to the Inspector-cum-facilitator having jurisdiction over the factory and to the Chief Inspector-cum-facilitator.

(6) The policy shall be made widely known by,-

(a) displaying copies of the policy at conspicuous places and making copies of the policy available to worker and employees on demand; and

(b) any other means of communication, in a language under-stood by majority of workers.

(7) The occupier shall revise the Health and Safety Policy as often as may be appropriate, but it shall necessary be revised under the following circumstances:-

(a) whenever any expansion or modification having implications on safety and health of persons at work is made; or

(b) whenever new substance(s) or articles are introduced in the manufacturing process having implications on health and safety of persons exposed to such substances.

(8) The occupier or the manager of every factory shall maintain updated Health and Safety Policy and submit it on the Official Portal electronically as and when updated.