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bhavesh joshi
4

Minutes of safety committee meetings are compulsory or not? Is there any legal clause? In our chemical company committee chairman refuse to give minutes to other members...
From India, Vadodara
dipil
713

Dear Mr. Bhavesh Joshi

As per factories act 1948, section 41G it's mandatory to form safety committee and the details as follows:

41G. Workers' participation in safety management.

(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf:

Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such Committee.

(2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed.

Rule prescribed under sections 41 and 41G ; (Please refer your state factories rules, even though almost everything will be same for more details).

As per Maharastra Factories Rules 1963 it's as follows:

82[73-J. Safety Committee - (1) In every factory-

(a) wherein 250 or more workers are ordinarily employed; or

(b) which carries on any process or operation declared to be dangerous under section 87 of the Act; and employs more than 50 workers; or

(c) which carries on 'hazardous process' as defined under section 2(cb) of the Act and employs more than 50 workers, there shall be a Safety Committee.

(2) The representatives of the Management on Safety Committee shall include-

(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 Factory Medical Officer, wherever available and the Safety Officer in such a case shall be the Secretary of the Committee;

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

(3) The workers' representatives on this Committee shall be elected by the workers.

(4) The tenure of the Committee shall be two years.

(5) Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(6) Safety Committee shall have the right to-

(a) ask for necessary information concerning health and safety of the workers;

(b) seek any relevant information concerning health and safety of the workers.

(7) Functions and duties of the Safety Committee shall include-

(a) assisting and co-operating with the management in achieving the aims and objectives outlined in the 'Health and Safety Policy' of the occupier;

(b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training and promotional activities;

(e) deliberating on reports of safety, environmental and occupational health surveys, emergency plans safety audits, risk assessment and implementation of the recommendations made in the reports;

(f) carrying out health and safety surveys and identify causes of accidents;

(g) looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggest corrective measures; and

(h) reviewing the implementation of the recommendations made by it.

8. Where owing to the size of the factory, or any other reason, the functions referred to in sub-rule (7) cannot be effectively carried out by the Safety Committee, it may establish sub-committee as may be required, to assist it.

Regards,

Dipil Kumar V

From India
PTRC
46

Dear Mr.Dilipkumar,
I have just seen you r reply. Unfortunately that do not reply to the pointed question Mr.Joshi has asked. Mr.Joshi should refer to the state rules where ever he is located. Spirit of the Act is to share the minutes but we need to look for exact wordings. There is a provision to maintain the minutes and present before the Inspector when demanded.

From India, Coimbatore
dipil
713

@ PTRC
I think you have posted your comments without reading the entire reply.
Both concerns you raised icluded in the reply: Please go through the following from the earlier posting itself and comment please.
"Rule prescribed under sections 41 and 41G ; (Please refer your state factories rules, even though almost everything will be same for more details).
As per Maharastra Factories Rules 1963 it's as follows:"
"(5) Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand."
Hope I guided Mr. Bhavesh Joshi in the right direction.
Regards,
Dipil Kumar V

From India
janardhanhv
9

Please can I have any formats form a harassment committee and safety committee formalities as per the Karnataka factories act Regards Janardhan Avni Energy Solutions Pvt Ltd. 9945540679
From India, Bangalore
Gajender_Sharma
2

Thanks for Information

Dear Mr. Bhavesh Joshi

As per factories act 1948, section 41G it's mandatory to form safety committee and the details as follows:

41G. Workers' participation in safety management.

(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf:

Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such Committee.

(2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed.

Rule prescribed under sections 41 and 41G ; (Please refer your state factories rules, even though almost everything will be same for more details).

As per Maharastra Factories Rules 1963 it's as follows:

82[73-J. Safety Committee - (1) In every factory-

(a) wherein 250 or more workers are ordinarily employed; or

(b) which carries on any process or operation declared to be dangerous under section 87 of the Act; and employs more than 50 workers; or

(c) which carries on 'hazardous process' as defined under section 2(cb) of the Act and employs more than 50 workers, there shall be a Safety Committee.

(2) The representatives of the Management on Safety Committee shall include-

(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 Factory Medical Officer, wherever available and the Safety Officer in such a case shall be the Secretary of the Committee;

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

(3) The workers' representatives on this Committee shall be elected by the workers.

(4) The tenure of the Committee shall be two years.

(5) Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(6) Safety Committee shall have the right to-

(a) ask for necessary information concerning health and safety of the workers;

(b) seek any relevant information concerning health and safety of the workers.

(7) Functions and duties of the Safety Committee shall include-

(a) assisting and co-operating with the management in achieving the aims and objectives outlined in the 'Health and Safety Policy' of the occupier;

(b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training and promotional activities;

(e) deliberating on reports of safety, environmental and occupational health surveys, emergency plans safety audits, risk assessment and implementation of the recommendations made in the reports;

(f) carrying out health and safety surveys and identify causes of accidents;

(g) looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggest corrective measures; and

(h) reviewing the implementation of the recommendations made by it.

8. Where owing to the size of the factory, or any other reason, the functions referred to in sub-rule (7) cannot be effectively carried out by the Safety Committee, it may establish sub-committee as may be required, to assist it.

Regards,

Dipil Kumar V[/QUOTE]

From India, Gurgaon
srimuppalla
21

Dear Joshi.
1.According to Factories Act 1948 setting of safety committee is mandatory but not preparing of minutes and circulating of minutes to committee members.
2. According to andhrapradesh Factories rules 1950 Safety committe formation is mandatory. Preparation of safety committee minutes is mandatory.
But circulating of minutes is not mandatory. The words circulating of minutes is not written in Act & rules .
3. During Factories inspector visit you need to show committee minutes to him on demand by the inspector.

From India, Hyderabad
mohd kalim
DEAR ALL Can you please tell me what are the manners for removing/adding a person to safety committee. if i am going to remove some person. regards md kalim 9958608745 Exedy india ltd
From India, undefined
PTRC
46

As for Management representative, it is the prerogative of the Management but for the worker’s member, you can not remove unless one has resigned and you hold fresh election for that post
From India, Coimbatore
Pedro morança
Dear all I need some Safety Moments in HSE área i have Audit, so before the audit iam going to present Safety moments Could you please help me?
From Angola, Luanda
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