The Andaman and Nicobar Administration has recently issued the Draft Occupational Safety, Health, and Working Conditions Rules, 2024. This notification, published on December 13, 2024, invites public suggestions and objections regarding the proposed rules. It aims to regulate safety standards, working conditions, and health protocols for establishments within the region, in line with the provisions of the Occupational Safety, Health and Working Conditions Code, 2020.
Key Points from the Draft Rules
Title and Commencement
- These rules are titled as “Occupational Safety, Health and Working Conditions (A & N Islands) Rules, 2024”.
- They apply to any establishment where the Andaman and Nicobar Administration is the appropriate government under the Code.
- The rules will come into effect once the Occupational Safety, Health and Working Conditions Code, 2020 is fully operational.
Definitions
The draft rules define several key terms, providing clarity on various aspects of occupational safety:
- “Artificial Humidification” refers to the introduction of moisture into the air by artificial means, except for unavoidable escapes of steam.
- “Hazardous Substance” includes chemicals listed under Schedule-BB, or any substances notified by the central government or the Andaman & Nicobar Administration.
- “Workplace” covers all places where building workers are required to work and are under the control of an employer.
Registration and Approval of Factory Plans
- No factory can begin construction, reconstruction, or extension without prior approval from the Chief Inspector Cum Facilitator.
- Application for permission should be submitted in Form-I, accompanied by detailed documents such as:
- Flowcharts of manufacturing processes.
- Scale-drawn plans of factory buildings, showing ventilation, lighting, sanitary provisions, etc.
- Pollution control certificates from the Andaman & Nicobar Islands State Pollution Control Board for factories involved in hazardous processes.
- If permission is not granted within the stipulated time frame (as per the Citizen Charter of the Labour Department), the application will be deemed approved.
Registration of Factories and License Granting
- Factory occupiers must submit an application for registration and licensing in Form II, along with a fee.
- A factory license can be granted for a period of up to 15 years.
- If the Chief Inspector refuses the license, the reasons for refusal must be recorded.
- In case of no response within the specified time frame, the application will be deemed approved and the license will be auto-generated.
Occupational Health and Safety Standards
- Businesses are required to ensure compliance with national standards on safety and health, as approved by the Bureau of Indian Standards or the Andaman & Nicobar Administration.
- Standard Safe Operating Procedures must be followed to ensure the safety and health of workers, machinery, and processes. These should conform to:
- Relevant Bureau of Indian Standards.
- National Building Code.
- International Labour Organisation (ILO) guidelines.
- Workers’ health and safety measures, including proper disposal of industrial waste and pollutants, must be strictly implemented.
Annual Safety Inspections
- Factory buildings must be periodically inspected to ensure that they are maintained in an efficient state and comply with the approved plans.
- A certificate of stability must be issued every five years for the building’s safety and stability.
Health and Hygiene Protocols
- Factories must maintain adequate standards of health and hygiene. This includes regular assessments by the Health Officer and other relevant authorities.
- The Public Health Authority will oversee the implementation of health protocols within factories.
Digital Integration
- Online and offline applications are permissible for registration, permissions, and licensing.
- An official portal will facilitate easier submission and tracking of applications.
Workers’ Rights
- Provisions are made for the welfare of workers, including compensation in case of injury or illness.
- Casual leave provisions allow workers to take leave for personal reasons, maintaining their right to attend to unforeseen circumstances.
How to Submit Objections and Suggestions
The public is invited to submit objections or suggestions to the Labour Commissioner and DET at the following address:
- Department of Labour, Supply Lane, Sri Vijaya Puram- 744101.
- You may also submit online suggestions through the official portal of the Andaman & Nicobar Labour Department.
Timeline for Submission:
- The consultation period will last 30 days from the date of the publication of the draft rules on the official website of the Labour Department.
- It is important to submit suggestions or objections within this 30-day period to ensure that they are considered during the final review process.
