The Draft Maharashtra Factories (Safety Audit) (Amendment) Rules, 2024
Introduction
The Draft Maharashtra Factories (Safety Audit) (Amendment) Rules 2024, issued by the Industries, Energy, Labour and Mining Department, Government of Maharashtra upon the Maharashtra Factories (Safety Audit) Rules, 2014 (“Rules”), were proposed for enhancing the Safety standards addressing the emerging risks associated with Factories in Maharashtra.
The Draft Amendments Include
In Rule 1 sub-rule (2) the scope of applicability of the said Rules in terms of the number of employees in the factory has been reduced to 50 which was earlier 250.
In Rule 2(1)(viii) the Definition of Safety Auditor has been modified by insertion of the term “an Institution”.
There is also an amendment in Rule 3 by including a provision that after completing the internal audit it is a must for the occupier to submit an executive summary of the observations and to take necessary actions to the concerned officer within thirty (30) days from the date of safety audit completion.
Rule 4 is revised with the provision of –
4. The safety audit shall be carried out by the Safety Auditor or team of Plant Personnel as per the standards laid down in the Indian Standard, IS 14489: Code of Practice on Occupational Safety and Health Audit, with its latest revision:
“Provided that, the Chief Inspector may lay down separate checklists and procedures or additional checklists in addition to the above standards to conduct safety audit of all or certain classes of factories. The separate checklist and procedures or additional checklist as laid down above may be altered in January of every year, if required, and shall be published on the official website of the Directorate of Industrial Safety and Health by the said Directorate.”
Rule 5 is amended where the eligibility criteria of a Safety Office is defined as a person possessing a degree in Chemical, Electrical, and Mechanical branch and possessing qualifications or any requirement set in Schedule I of the said act.
In the recent draft amendment with regards to Rule 6 of the Maharashtra Factories (Safety Audit) Rules, 2014, the new proviso mandates ₹1000 Fees along with Electronic Application both for the individual as well as the Institution and these applications shall be accepted twice a year. The approved applicant has to Pay ₹2000 fees for receiving the Certificate of Recognition which shall be valid for two years. The Chief Inspector shall conduct a written examination of 80 marks and an interview of 20 marks recommending those candidates who have scored 50% or more to the government. To submit a renewal application for a Certificate of Recognition it must be submitted within three months and with a minimum 70% score. This amendment emphasizes a shift to an electronic process with high fees and, a structured mechanism for examination. Overall, these changes ensure higher performance standards.
In Rule 7 of the Maharashtra Factories (Safety Audit) Rules, 2014, “the “in writing” the word “electronically” shall be substituted, and for the word “fifteen” the word “seven” shall be substituted.” It means that the action timeframe is reduced to seven days. This rule also highlights the new minimum days required for safety audits. Rule 7B states that only recognized institutions having a certificate of recognition are eligible for conducting audits. “Factories carrying out hazardous processes and employing more than two hundred and fifty workers; Other factories not covered under sub-rule (2)(i) and (ii) of rule 1 and employing more than one thousand workers, provided that, for the factories mentioned in clause (c), the inclusion of person of Chemical Engineer in the audit team is not mandatory.”.
With regards to Rule 9 new requirement for safety auditors has been introduced. A new Sub-rule (2) is added after the existing rule is numbered as (1). This new rule requires the Safety Auditor to visit the factory within the timeframe of one month after three months of submitting the external safety Audit. The auditor must also submit a verification report to the Directorate.
In Schedule I of appended Principal rules the draft amendment changes the word “five” to “ten” in sub-clause(i), further it deleted sub-clauses (ii) and (iii), removing the words “or diploma” while making change of “fifteen” to “five” in Sub Clause (iv). Moreover, in clause 3 applicants over 58 years of age are now not eligible to apply for recognition as safety auditor or its renewal.
The New Draft amendment in Schedule II included a specific detailed section for the factory’s name and address, occupier name opening-closing of safety audit time. It also requires a list of dangerous operations as per Rule 114 of Maharashtra Factories Rule,1963. A safety Audit report complying with the latest Indian Standard IS 14489. This new proforma emphasizes more on detailed documentation and compliance with the latest standards for the improvement of safety auditors’ reliability.
In Form A appended to the principal rules, amendments include changes like deletion of the word “fax” from entry number (5) and “Diploma” from entries (6) and (7). Further, new entries are added after a serial number (9) including details about training attended and a copy of relevant certificates required. These changes help in enhancing clarity by eliminating obsolete terminology.
The draft amendment brings significant revisions in Form B and Form C of the Maharashtra Factories (Safety Audit) Rules, updating the certificate and application procedure. In entry at serial number (3), sub-entry (d) shall be deleted; (2) in entry at serial number (5), for the words “bio-data” the word “details” shall be substituted. At the entry at serial number (7) a new entry shall be inserted related to Challan No./ Reference No., Amount. Date. With regards to Form C, the amendment introduces a new format for the said form.
Conclusion
The Draft Maharashtra Factories (Safety Audit) (Amendment) Rules, 2024, mark a significant upgrade from the previous 2014 regulations by highlighting the importance of digitalization which shall lead to enhancing efficiency and transparency. These changes are a proactive step towards bolstering the workplace safety environment. Moreover, it also fosters a culture of compliance and continuous industrial safety improvement. If successfully implemented it can lead to a much safer workplace by elevating the safety standards.
Reference
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