Rule 43. Constitution of safety committees under section 22

(1) In every establishment, a Safety Committee shall be constituted where-(a) two hundred fifty employees or more are ordinarily employed; or

(b) any process or operation declared to be dangerous under section 82 is carried on; or

(c) a Hazardous Process as defined under section 2(1)(za) or handling of hazardous substance is carried on; or

(d) major accident hazard factories are involved.

(2) The representatives of the management in the Safety Committee shall include-(a) The employer shall be the Chairman of the Safety Committee; and

(b) A senior official who by virtue of position in the organization can contribute effectively to the functioning of the Committee, shall be the Deputy Chairman; and

(c) A Safety Officer, wherein appointed under these rules , or any other responsible person shall be the Member-Secretary of the Committee; and

(d) Medical officer of the establishment- Member; and

(e) Three representatives, one each from the production, maintenance and purchase departments; and

(f) Number of representatives of workers shall not be less than the number of representatives of employer. Representatives of workers shall be chosen by registered trade union associated with the establishment through general consensus amongst them or through election. In such establishments, where there is no registered trade union, then representatives of workers shall be chosen by workers themselves on the basis of general consensus basis or election:

Provided that proper representation shall be given to women in formation of such safety committee.

(3)The tenure of the Safety Committee shall be for a maximum period of three years:

Provided that in case of any exigency an extension of 6 months can be given with concurrence of two third of the members.

(4) The constitution of safety committee shall be communicated electronically to concerned Inspector-cum-Facilitator having jurisdiction.

(5) The Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting along with follow-up action plans shall be recorded in a register and shall be produced to the Inspector-cum-Facilitator on demand. A copy of minutes of such meeting shall be sent to the Inspector-cum-Facilitator having jurisdiction electronically or otherwise .

(6) the Safety Committee shall have the right to be adequately and suitably informed of –

(a) Potential safety and health hazards to which the employees may be exposed at work place.

(b) Data on accidents as well as data resulting from surveillance of the working environment and of the health of employees exposed to hazardous substances so far as the factory is concerned:

Provided that the Committee shall undertake to use the data on measures to improve the working environment and the health and safety of the employees.