Overview of EHS Related Legal and Statutory Aspects
In Indian perspective, EHS is a very crucial and burning subject. Safety of the People working in different factories and industries are now a days became more essential factor with the quality of product. because compromizing the safety and wellbeing of a person at workplace is not a moral and ethical. We are “Bhartiya” and we follow the principal of “Vasudhev kutumbkam” the inclusive thinking everywhere. All these motive forces is inspired us to do something for our working people. To monitor and support the industry, government tool initiative with collaboration of employer and formulate the different rules, Regulation, act and other framework. All these frameworks are live and work for workforce to improve the living and working status of worker and other associated person. The purpose of these framework is to improve the working condition and well-being while working in factory premises, impose a mandatory compliances to make safe and provide risk free workplace. To comply all the leagl framework is obligation to employer in contribution to make a healthy and integrate society.
What is covred under Statutory Act, rules and regulation?
Generally a factory or inductris is made of major three componant that are “Man, Machine and Material ” . There are so many intraction among these . means all the operation are occurrung among these. Source of hazard are also generate becuase of these interaction. To control, monitor and execute the safety of person and plant is became most cruical and challenging for enforcement authority. The Subject covered under legal framework are as following:
- Provision related to Safe and risk free workplace .
- Working condition of workplace
- Working Hours of workers.
- Emeregency prepardness and Response Plan.
- Human Health and Well being of worker.
- Welfare facility
- Sanitary facility
- Required PPE and safety Equipment
- Accident prevention and Reporting
- Soccial Justice and benefit
- Environment protection
- Siting and layout of premises
- Special provision regarding dangerous and hazardous Operation.
- Safe handling, stoarge of Dangerous and hazardous chemical.
- Mechanical integratity of Equpment and machineries.
- Inherent Safe design of Equiment
- Maintenance provision for Opeartions.
- Calibartion testing and inspection of equiment and instrument.
- Rights of Worker
- Obligation on Worker
- Obligation impose on Employer
- Role of government authorities
Cummulative List of Act, rule and regualtion related to EHS or HSE or Safety
Below is list of all Major Act and rule related to Environment , Health and Safety :-
- The Factory Act -1948
- Environment Protection Act-1986
- Water (Prevention and Control of Poluution) act-1974(Amended 1988) and Rules-1975
- Water (Prevention and Control of Poluution) Cess Act-1977 and amended act-2003 and Rules-1978
- Air (Prevention and control of pollution) Act-1981, amended 1987
- Air (Prevention and control of pollution) Rule-1982
- Noise Pollution (Regulation and Control) Rule-2000, amended Rule-2010
- Environment Protection Rule -1986
- Hazardous waste (management, Handling and transboundary movement) Rule-2016
- Environment impact Assessment -2006 EC approval SEIAA
- Chemical Accident (Emergency Planning, Preparedness, Response) Rule 1996
- D. G. Set Rules 2002
- Gas Cylinder Rules 2016
- E-Waste(Management) Rule 2016, Amended in 2018 (E-waste Rule-2018)
- Contract Labour (Regulation and Abolition) Act 1970 and Rule 1971
- Contract Labour (Regulation and Abolition) Act 1970 and Rule 1971
- Indian Boiler Act-1923
- Indian Boiler Regulation-1950
- Indian Electricity Act 2003
- The Batteries (Management and Handling) Rules
- Petroleum Act -1950 and rule-1950
- Factories Act 1948 and state rule , Approved Plan before use a building DISH
- SMPV Rule 1981 License to Store Compressed gas in Pressure Vessel A valid Licence to store a Compreesed gas in Pressure Vessel
- The Public Liability Insurance Act 1991 ,amended in 1992 Insurance Policy for Public Valid PLI Policy
- The Public Liability Insurance Rule-1991 amended 1993 Insurance Policy for Public Valid PLI Policy
- Workmen Compensation Act 1923 amended 2017 as Employee compensation Act-2017 Insurance Policy for Employee. Valid EC Policy
- Fire prevention and Life safety measures Act & Fire Prevention and safety measures Rules -Fire Safety Certificate or Fire NOC Regional Fire Officer or Chief Fire Officer
- Legal Metrology Act-2009 Stamping Certificate Asst. Contrlooer of Legal Metrology
- Company Act-1956 MOA Registrar of Compnies
- State (Safety Audit ) Rules , Safety Audit Report DISH,
- Motor vehicle Act -1988 and as amended Registartion of Vehicle , License of driver , Regional, Road Transport Officer, Palghar.
- Central Motor vehicle Rule 1989 and as amended Registartion of Vehicle , License of driver , Regional, Road Transport Officer, Palghar.
- Foreign Trade ( Development and Regulation ) Act -1992 and Rule import and Exposrt Certificate from DGFT DGFT
- State Lift Rule and escalator rule , License to operate Lift (person ) Chief electrical Inspector
How to Manage the Legal compliances and Requirement ?
To manage and track the compliance of all legal and statutory requirement , We should prepare the a legal calnder and a Legal Comlinace Register .
What is the Meaning of Legal Calender ?
Legal calender is document used to manage and track all the Legal document Like Licesnes, permission, NOC , approval etc. A sample Format is as below , all the headdings are in table format as per serial No :
1.Sr No. 2. Act , rule and regualtion Name 3. Document name under Rules and Act, Like Licesnce , NOC. etc. 4. Referecne no 5. Authority Name 6. Date of Issue 7. Expiry Date 8. Responsibe Person 9. Renewal Window 10. present Status.
How can we describe legal compliance Register ?
Legal Complinace Register is a document having a information of Whatever legal compliances are applicable on specific factory or industry. in this Document, We identify all the requirement and what is their compliance to be comply .