Rule 36. Composition of Safety Committee

(1) The Safety Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed twenty.

(2) Representatives of the management in Safety Committee shall consist of,-(a) a senior official, who by his position in the organisation can contribute effectively to the functioning of the Committee, shall be the Chairman;

(b) a Safety Officer and Medical Officer wherever available and the safety officer in such case shall be the Secretary of the Committee; and

(c) A representative each from the production, maintenance and purchase departments.

(3) Representatives of the employer in the Safety Committee shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment, preferably the heads of major departments of the establishment.

(4) Representatives of the workers in the Safety Committee shall be chosen in the following manner, namely: -

(a) where there is a sole negotiating union or negotiating union under sub-section (2) or sub-section (3) of section 14 or a negotiating council under sub-section(4) of that section 14 of the Industrial Relations Code, 2020 (Central Act No. 35 of 2020) or ‍463 negotiating union or under said sub-section (3) negotiating council, 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;

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

Provided that, the employer may, deploy an electronic process of conducting the process of choosing representative of workers over an information technology application, online platform or other platform.

Provided further that there shall be adequate representation of women 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 the tenure of the members of the Safety Committee shall be three years.

Provided also that in case there is no recognized both negotiating union or negotiating council and where any dispute arises regarding choosing of the worker’s representative to the Safety Committee, the matter may be referred to the Concerned Joint/Deputy/Assistant Labour Commissioner, who shall after hearing the parties decide the matter and his decision shall be final.

(5) The minutes of the meeting of the Safety Committee referred to in sub-rule (2) of rule 35 shall be recorded.

(6) The employer, 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.

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