Rule 122. Manner of survey on situation relating safety and health and other related matters under sub-section (2) of section 121

(1) The State Government may direct the Labour Commissioner or the Chief Inspector-cum-Facilitator or any institute under the control of the State Government, to appoint a committee to undertake a survey on the situation relating to safety and health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and workers within and in the vicinity of the workplace in the following manner:-(a) A committee to be constituted by the Labour Commissioner or the Chief Inspector-cum-Facilitator, under the Chairmanship of Chief Inspector-cum-Facilitator for carrying out the survey.

(b) The committee shall carry out the survey with a view to finding out status of safety and health at the workplace and its effect on the employees and workers.

(c) The report of the committee shall be status of an inspection report and contain conclusive findings of the survey along with the recommendations for imposing the status of occupational safety and health for prevent of accidents or dangerous occurrence or occupational diseases and containing suggestions for implementation therefor compliance or which shall be ensured by the inspector-cum-facilitator, as the case may be.

(2) The committee may, at any time during the normal working hours of an establishment or factory, or at any other time as is found necessary by it, after giving notice in writing to the employer or occupier or manager, of the establishment or factory, or any other person who for the time being purports to be in charge of the establishment or factory.

(3) Employer or occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

(4) For the purpose of facilitating surveys every worker and person in near vicinity, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(5) Any time spent by a worker or employee for undergoing medical examination or furnishing information under sub-rule (4) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the establishment.