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On
Submitted for the partial fulfillment of the requirement for the award of
2016–17
Submitted by
Gandhimathinathan.P
Dr. R. K.ELANGOVAN
Deputy Director General
DGFASLI
&
SHRI NIJALINGAPPA G P
Director (SAFETY),
Regional Labour Institute, Chennai
Course Conducted by
This is to certify that this project work report titled “LEGAL COMPLIANCE
work reported here in does not form part of any other project work report or
SHRI NIJALINGAPPA G P
Director (SAFETY)
This is to certify that the project work report titled “LEGAL COMPLIANCE
I submit that to the best of my knowledge the work reported herein does not
form part of any other project report or dissertation on the basis of which degree
1 Introduction 1
3 Review of Literature 05
4 Methodology 244
7 Conclusion 272
8 Bibliography 273
CHAPTER 1
INTRODUCTION
risks.
free operations
The Legal compliance audit is a serious concern in the Industries. Many industries
have recognized the advantages of Legal audit and are progressively adopting the
management System to prevent penalties other fallouts
1
The practice on Legal compliance audit Audit will be very useful for industries in
order to eliminate Legal risks
existing Legal compliance audit system and to suggest the improvements and
corrections to be implemented in our company.
2
CHAPTER 2
CONCEPTUAL FRAMEWORK
AUDIT
3
Benefits and Obstacles to Legal / Compliance Audits
Benefits
Possible Challenges
4
CHAPTER-3
REVIEW OF LITERATURE
5
6
Murugappa Group is amongst India’s most enduring and admired corporate
houses. Headquartered in Chennai, the major companies of the Group include
Carborundum Universal Ltd., Cholamandalam Investment and Finance
Company Ltd., Cholamandalam MS General Insurance Company Ltd.,
Coromandel International Ltd., Coromandel Engineering Company Ltd., E.I.D.
Parry (India) Ltd., Parry Agro Industries Ltd., Parry Sugar Industries Ltd, Shanthi
Gears Ltd., Tube Investments of India Ltd., and Wendt (India) Ltd.
Renowned brands like BSA, Hercules, Montra, Ladybird, Mach City, Ballmaster,
Ajax, Parry’s, Chola, Gromor, Shanthi Gears and Paramfos are from the
Murugappa stable.
7
Founded in 1900, the INR 295 Billion Murugappa Group is one of India’s leading
business conglomerates. The Group has 28 businesses including nine listed
Companies traded in NSE & BSE. Headquartered in Chennai, the major
Companies of the Group include Carborundum Universal Ltd., Cholamandalam
Investment and Finance Company Ltd., Cholamandalam MS General Insurance
Company Ltd., Coromandel International Ltd., Coromandel Engineering Company
Ltd., E.I.D. Parry (India) Ltd., Parry Agro Industries Ltd., Parry Sugar industries
Ltd, Shanthi Gears Ltd., Tube Investments of India Ltd., and Wendt (India) Ltd.
Group Heritage
Our journey began in 1898 when 14 year old Murugappa Chettiar accompanied
his uncle as an apprentice to the British province of Burma. He eventually set up
his own banking practice, with his fluency in Burmese giving him an uncommon
edge. By 1914, he had secured his firm’s position as second only to The Imperial
Bank of Burma.
The great depression, World War and growing sentiment against foreigners cast
a shadow on the future of the business in Burma. Employing keen foresight,
Dewan Bahadur had the family funds transferred to India before the Burmese
government took over foreign holdings. The origins of the group in India can be
traced back to this prudent act. In India, he encouraged his three sons to seize
opportunities that would diversify their businesses. A series of investments
included a sandpaper plant, manufacturing of steel safes, setting up of an
insurance company, a rubber plantation and more. The Group has drawn from its
heritage and carried out organisational and entrepreneurial changes with
8
transparency; and was one of the first to successfully transition from a family-
managed group to a professionally. managed corporate house.
With state-of-the art facilities and strategic alliances with global partners, CUMI
has achieved a reputation for quality and innovation. CUMI is one of the few
manufacturers in the world with fully integrated operations from mining,
fusioning, manufacturing, marketing, distribution, to power generation from wind
and hydro power stations.
Almost all of CUMI’s ten manufacturing facilities have received the ISO
9001:2008 accreditation for quality standards. A well connected marketing and
distribution network of offices and warehouses in India and abroad ensure that
service to customers is given prime importance.
With constant innovation and product upgradation, through in-house R&D and
strategic alliances with global leaders in grinding technology, CUMI has ensured
its market leadership both in India and abroad. It has also gained international
recognition as a manufacturer of quality abrasives and a provider of total
grinding solutions.
9
A global leader in many product categories, and with more than half a century of
undisputed market leadership in each of its businesses, CUMI has earned a place
in Forbes’ list of ‘Asia’s Best 200 Companies Under a Billion.
10
CARBORUNDUM UNIVERSAL LIMITED, manufacturing Division located at Hosur,
Tamilnadu, is one of the largest integrated Grinding wheels manufacturing
Division.
11
12
INBUILT PROCESS SAFETY (PREVENTIVE MEASURES)
2. Provision of Fire extinguishers in all relevant areas as per the safety measures
to avoid fire incident
4. All process equipments are provided with proper earthing /bonding system to
avoid accumulation of electric static charges and separate earth pits are
provided for process equipment
5. All the electrical equipments & fittings that are used in the factory are
complying with the requirements specified by Factories act.
Intercoms
Emergency Siren
Siren Testing: Every Monday 10:00 AM testing of siren will be carried out by
blowing wailing sound 3 times and followed by Continuous siren from Safety
Dept and 5.8 Security gate. Before testing announcement done through Public
Address System.
13
Emergency Siren:
For declaring emergency, wailing sound will be blown for 1 minute and
announcement made thro PAS about the location of emergency and assembly
point.
Normalcy Siren:
For declaring normalcy, Continuous siren for 2 minutes and announcement made
thro PAS.
The emergency siren is connected with Safety Department terrace, Finish Goods
warehouse terrace, New Term work office and Engg store terrace (5.8 acre).
Public address system connected with UPS. During power failures Siren will be
blown through Public Address System.
FIRE EXTINGUISHERS
14
5 5 BOND TESTING LAB ABC & 04
ELECTRICAL PANEL
13 13 ROOM CO2 & 4.5
ELECTRICAL PANEL
14 14 ROOM CO2 & 4.5
ELECTRICAL PANEL
15 15 ROOM ABC & 04
ELECTRICAL PANEL
16 16 ROOM CO2 & 4.5
ELECTRICAL PANEL
19 19 ROOM CO2 & 22.5
15
22 22 DIESEL TANK AREA ABC & 04
40 40 DCP & 10
KILN AREA COTROL
16
ROOM - 3
17
59 59 KILN AREA ABC & 04
18
78 78 OFFICE CO2 & 4.5
19
97 97 RAW MATERIAL STORE ABC & 4.5
MODULE FINISHING
103 103 AREA WATER & 09
20
POWER TOOL R/M
113 113 STORAGE AREA ABC & 09
21
CO2 Type Fire Extinguishers:
Capacity - 1 kg & 2 kg
For effective and safe operation of fire extinguishers, the PASS method is
followed:
22
However, special requirements while operating each type of fire
extinguisher are given below:
Carry the extinguisher to the place of fire keep it upright. Remove the safety clip
and strike the knob located in the cap to actuate the piercing mechanism which
in turn breaks the sealing disc of the cartridge. Direct the stream of escaping
powder at the base of the flame. For effective result stand about 4-7 feet away
and direct the stream near the seat of the fire. Progress forward, moving the
nozzle rapidly with a side to side sweeping motion. When using on outdoor fires
always operate the extinguisher from the upwind side of the fire to extend the
effective range of the spray.
Carry the extinguisher to the place of fire, keep it upright. Remove the safety clip
and strike the knob located in the cap to actuate the piercing mechanism which
in turn breaks the sealing disc of the cartridge, where a liquid on fire is in a
container direct the jet at the far inside edge of the container, at an adjoining
vertical surface above the level of the burning liquid. This breaks the jet and
allows the foam to build up and flow across the surface of the liquid and putt off
the fire.
Carry the extinguisher to the place of fire, keep it upright. Remove the
safety pin and unscrew the control valve anticlockwise. Direct the jet at
the base of the fire, starting at one edge and sweeping across the surface
of the burning material. When using in open air, the operator should stand
on the up-wind side of the fire and should apply the gas in a down-wind
direction as close as possible to the fire.
23
Emergency preparedness & response plan
Training
Fire Safety & Rescue training programmes (both in-house and external)
are organized regularly. 5S- Housekeeping, On-the-Spot Firefighting
Training, Online Fire Safety Quiz, Slogan, Poster competitions etc. are also
conducted to educate employees, contractors, housewives & children.
Mock Drill
Mock drills for various scenarios listed in the Emergency Preparedness &
Response Plan are conducted once in a month. In addition, localized fire-
fighting drills are conducted once in three months. The effectiveness of
fire protection systems is revealed during these drills. Observations &
shortfalls during the mock drill are listed down and action plan is prepared
for corrective actions, so that the same is not repeated.
24
SAFETY MANAGEMENT SYSTEM
25
26
LIST OF SAFETY COMMITTEE MEMBERS
27
Safety Committee
Safety Committee
(As per Tamil Nadu Factory Rules)
Where two hundred and fifty or more workers are ordinarily employed; or Which
carrier on any process or operation declared to be dangerous under sec. 87 of
the Act.; or Which carries on hazardous process as defined under sec. 2 of the
Act. There shall be a Safety Committee:
a) Potential safety and health hazards to which the workers may be exposed at
work place.
b) Data on accidents as well as data resulting from surveillance of the working
28
environment and of the health of workers exposed to hazardous substances so
far as the factory is concerned:
Provided that the Committee undertakes to use the data on a confidential basis
and solely to provide guidance and advice on measures to improve the working
environment and the health and safety of the workers.
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) Discussing reports on safety, environmental and occupational health surveys,
safety audits, risk assessment, emergency and disaster management plans and
implementation of the recommendations made in the reports;
f) Carrying out health and safety surveys and identifying 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 suggesting 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-committees as may be required to assist it.]
29
Purpose of a Safety Committee
30
4. To provide an opportunity for the free discussion of health and safety
problems and possible solutions.
5. To inform and educate employees and supervisors about health and safety
issues, new standards, research findings, etc.
6. To help reduce the risk of workplace injuries and illnesses
7. To help ensure compliance with federal and state health and safety
standards.
31
11.6 Safety
11.6.1 Methodology
11.6.2 Definition
Medium Accidents: The Injured Person not reporting to work within 48 Hours
from the time incident has occurred.
Minor Accidents : The Injured Person reporting to work within 48 Hours from
the time incident has occurred.
Near Miss:
The incident which causes Property or material Damage, but not Causing an
Injury.
32
11.7 Reactive Approach : In Reactive Approach Method, the Following
approach was adopted for analyzing the accidents for prevention of Recurrence
of Accidents.
33
11.8 Proactive Approach Activities
Safety Basic Awareness training provided for all the persons before engaging in
to the work it includes
Usage of PPE
Do’s and Don’ts during Machine startup and shutdown.
Basic electric safety
34
Material safety data sheet.
Identification of Unsafe condition.
Some of the clippings taken during the Training given in the Figure No- 11.8.1.1
First aid Training New Entrants Training Fire Fighting Training
Training
Fire fighting training is provided for all employees for controlling the fire at Initial
stage. Fire fighting training is given in training hall which includes type of fire,
selection of Extinguishers and Operating procedure. Demo of fire extinguishing
carried out involving the members. Some of the Snap shots taken during the
Training in shop floor given in the Figure No- 11.8.1.2.1
11.8.1.3 First Aid Training: First Aid Training was imported to all Employees
for Providing the First Aid during Emergency situation like
Electrical Shock
Fainted
Fracture
Snake Bite.
Fire burns
Eye Injury etc
Heart attack
Some of the Snap shots taken during the First Aid Training are given in Figure
No- 11.8.1.3.1
We have formed first aid team by having employees from all modules covering
all shift employees trained by M/s St Johns Ambulance.
Total Number of Trained First Aid members: 105 Persons and Training hours
840.
36
Personal Protective Equipment
Any control begins with Engineering control and then with Personal Protective
equipments. But in this section Personal protective equipments are addressed
first, Not because they are useful but because of its disadvantages.
Hence, when considering the PPE it should be last resort after the all possible
steps of substitution and engineering controls.
Safety glasses provided to protect the eyes from liquid splashes and
harmful vapors. A face shield is also provided when there is addition of
the material or while unloading and washing to protect the face from
liquid splashes.
Air purifying respirators such as cartridge masks are provided, However in
view of the drawback of the respirators, full body suit is provided which
shall be used in all the operations.
37
Chemical-resistant gloves made butyl, nitrile, polyvinyl chloride, polyvinyl
alcohol, or viton is provided.
Finally, protective clothing made of chemical-resistant materials are also
provided to protect the skin and dermal exposures.
Table No:11.8.1.4.1.
PPE Matrix machine wise mapped and the sample Machine wise mapping is
shown in the figure.PPE Matrix Displayed at the Work Place for ensuring all the
38
PPE’s are used appropriate by the persons in that area. Sample of the PPE Matrix
Given in the below Figure No- 11.8.1.4.3
Figure No-
11.8.1.3.3
39
Safety walk team was formed as cross functional team by
including persons from various departments like
manufacturing, quality, Engineering services, Technical and
other supporting functions. During Safety walk members will
be trained to identify unsafe Act and Unsafe Condition.
Unsafe conditions and Act identified during safety walk are
prioritized and improvements are executed by maintenance
department in coordination with safety Department.
Carryout the
Patrolling
Execution
Review
Effectiveness
Horizontal
Deployment
40
Safety patrol team was formed as cross functional team by
including persons from various departments like manufacturing,
quality, Engineering services, Technical and other supporting
functions. Safety patrol Schedule was released by safety
department monthly covering all circles. Unsafe conditions and
Act identified during patrol are prioritized and improvements are
executed by maintenance department in coordination with
safety department.
Table 11.8.3.2
41
From the Safety Patrol observed points, the maintenance team executed for
rectify the unsafe conditions in coordination with the safety department. The
following graph shows the details of unsafe condition identified and rectified and
unsafe act identified and rectified .
All circle members are trained to identify the abnormality – Unsafe place during
training of JH 7 types of abnormality. The abnormalities unsafe conditions are
identified and tagged through red tags in the machines. Based on the priority
abnormality corrections are carried out by maintenance team along with safety
department concurrence to avoid Potential
Occurrence of the accident. Totally 2473 Abnormalities identified and 2409 tags
rectified in all the circles below example shown in Figure for Kaizen done to
eliminate unsafe condition.
Abnormalities
42
11.8.5 Emergency Preparedness:
The Plan of the Potential Emergency Mock drill Plan shown in the Table
No
43
Table No 11.8.5.2
44
Fire Mock Drill : Fire Mock Drill are Carried out once in a year to ensure the
preparedness during emergency situation. Observers are used to identify the Gap
in the Emergency Response Procedure and appropriate actions are taken to
ensure the safe Work condition. For evidence of the Potential Emergency
Training some of the Snap shots of fire, Electric Shock, canteen boiler etc. Shown
below Figure No 11.8.7.3
Figure No 11.8.5.3
Safety Month was celebrated every year on 4 th March. On the safety day to
create safety awareness various safety related competitions like Safety Slogans,
Posters, Safety Quiz, Question and Answers etc. were conducted and all
employees are engaged. Some of the snap shots pertaining to safety day
celebrations as shown below Figure No:11.8.6.1
Figure No:11.8.6.1
Safety Works permit system were modified to ensure the safety norms are
followed and necessary Safety equipments are available before carrying out the
activity. The approach of the safety work permit system explained in the Figure
No.11.8.7.1.
45
(a). Safety Work Permit is obtained for following Activities compulsory.
Figure No.11.8.
Figure No 11.8.7.2
46
Work permit are raised by Job Originator and it was sent to plant head for
approval through respective works Engineering dept. Based on the nature of the
work the Safety Permit are issued daily basis. After completing the Work Permit
approvals, Required PPE Mentioned in the Permit is provided and safety
instructions to be followed are clearly explained by the safety dept to the person
who was going to carry out the work. During work in progress, safety officer,
Safety team or anyone observed violation of the procedure by Job executor, they
will be notified and suitable action will be taken. Sample Safety Work Permit
shown in Figure No 11.8.7.2
Job safety analysis is carried out to identify the hazard in every activity in all
Process and Operation. The approach for JSA explains in the Figure 18.8.8.1. We
have listed out the process were possibility of hazard happening i.e. 60 processes
are identified. In each process we have listed out all the activities from activity
start to activity stop. During the study we have analyzed the possible hazard
during operation and possibility of part of the body that may get affected
Figure
18.8.8.1.
47
during operation in analyzed and corrective and preventive actions are planned
and executed to remove the possible hazard and it is horizontally deployed based
on the effectiveness. The tools used in the Job safety analysis are Line diagram,
Activity chart
Safety Committee:
48
After successful training of SOPs,to be conducted by the Shift incharges to
evaluate the compliance of SOPs. If there is any gap modify the SOP or
training as per the requirement.
Operating Manager of the department is responsible for the training of the
new recruits on department related operational before entrusting them
with the regular job activities.
Location specific Procedures shall be made for all released Safety High
Standards.
HOD shall ensure their dept. personnel are trained on Operational/Safety
Procedures
HR facilitates training
.
Process Safety Information (PSI): This is the Starting point for PSM. PSI
includes the complete and up to date information on Hazards of
Materials/Process (MSDS, Process safety study data etc.) Process Details,
Operating parameters, Equipment details, P&ID, Operating procedures and
Maintenance Procedures etc.
49
Pre Start-up Safety Review (PSSR): It is a systematic method to confirm
that the start-up team and process plant/facility/equipment are prepared fro safe
start-up. This check confirms that a process or facility has been built as
designed, all PSI information, procedures are in place, training is complete, and
all recommended actions from the PHA have been completed.
50
Contractor Safety Management (CSM)- It is a system to integrate safety in
the contractor managing process, to protect all contract personnel, equipment
and environment from the potential hazards and their consequences associated
with the tasks assigned to the Contractor. CSM system consists of
Prequalification of contractor, planning the work and agreeing on the safety
expectations, Induction and Training of Contractors, Monitoring of Work Practices
and Review of Performance.
51
Motivation: The best motivational method is to involve employees in the safety
effort through Safety Sub-committee, Site Team and special activities such as
Safety week Celebration, Safety Competitions. The judicious use of progressive
discipline to secure compliance with Safety Standards is also an appropriate
means of motivation.
52
Safety department communicates the incident details to Location Head,
HODs, Department incharge and Plant incharge through daily report.
Department incharge, Area Incharge, Plant Incharge and Shift incharge shall
communicate the details of the incident to their employees and contractors.
Emergency Preparedness
53
The Department / Plant / Area in charge is responsible for the Head Count
for their respective area and the Head count coordinator shall bring the Head
Count Register to the Assembly point to find out the missing person quickly.
54
3.11 MANUFACTURING ACTIVITIES
Raw materials are stored in the silo bank. In the silo the raw material names are
displayed. The raw materials can be taken from the silo by auto mode. If the
operator selects the required number, as per the formula the rawmaterils will be
flow from the silo in to the required bin.
Mixing:
The weighed raw materials are moved in to mixing area. The mixing operator
will inspect the raw materials are correct as per the formula. Then The operator
will move the raw material in to mixing machine. The operator will load the raw
material in to the Bowl. The operator will run the bowl for 2 minutes for mixing
all the raw materials. After 2 minutes the operator will add the Bond material,
then add the oil. The operator will run the mixing machine for 15 minutes. The
operator will check the mix quality. If the quality of the mix is ok, then move in
to the Pressing Machines.
Moulding:
If the mix quality is ok, then feed in the Moulding machines by using the Hopper.
The mix will flow from the conveyor to the die area. Here the pressing operations
will be doing.
All the Moulding machines are Hydrulic machines. The machines are operating by
the Following Modes.
1. Manual Mode
2. Auto Mode
55
3. Semi Auto mode.
Here the mix are pressing with the die, then it becomes the wheel.
There are many types of sizes, we are manufacturing the Grinding wheels as per
the customer’s specifications.
DRYING:
After the moulded wheel, we move the wheels in to the Drying area.
Here we have 3 Dries. In the drier we are maintaining the Temperature of 280
Degree Fahrenheit. The temperature can achieve by using the Burner system.
Depends upon the Type and size of wheels , the drier has the schedule .
Purpose of drying is to avoid the chipping loss. If we are not drying the wheels
when we handling the corner of the wheels can possible for chipping. Because
now the stage of the wheel is in Green stage.
Firing:
After Drying process, the dried wheels are move in to the KILN Loading area.
The dried wheels are load in to the CAR. After the load Completion, the wheel
loaded car will move in to the KILN. It’S a periodic type KILN.In this kiln we are
maintain the Maximum temperature of 1280 Deg Celsious. In kiln also we have
the schedule for maintain the Temperature. It’s based on the Type of wheels and
size of the products. In Kiln there are two operations 1. Firing 2. Cooling.
After the fired wheels then unload the wheels from the CAR. Then move in to
the Finishing Dept. Here, the operators will finish the Products. In finishing Dept,
the following operations are carried out.
1. Discing
2. Cleaning
3. Injection Moulding
4. Edging
5. Cleaning
56
6. Arbour Painting
7. Label Pasting
8. Packing
9. Shipping to Warehouse.
Discing: In this process, the both sides of the wheels will be discing by
the discing machine. For getting the required size.
The set of wheels are load in to the discing machine. And discing by
applying Hydraulic pressure.
CLEANING:
After the discing . the wheels will be cleaned in the Blow Booth area.
Injection Moulding:
Here the arbor of the wheels ( centre Hole) are injected by the Plastic
bush by the Injection machine. It’s also based on the Customers
requirements, the wheels are being injected by the plastic Bush.
This machine is having the Heaters. The raw material of plastic is loaded
in to the Hopper. It’s melted by the heater. The temperature we are
maintaining is 250 Deg Cesious.
Edging:
57
58
3.2 STANDARDS AND STATUTES
The ILO Constitution sets forth the principle that workers should be protected
from sickness, disease and injury arising from their employment. Yet for
millions of workers the reality is very different. Some two million people die
every year from work-related accidents and diseases. An estimated 160 million
people suffer from work-related diseases, and there are an estimated 270
million fatal and non-fatal work-related accidents per year. The suffering
caused by such accidents and illnesses to workers and their families is
incalculable. In economic terms, the ILO has estimated that 4% of the world's
annual GDP is lost as a consequence of occupational diseases and accidents.
Employers face costly early retirements, loss of skilled staff, absenteeism, and
high insurance premiums due to work-related accidents and diseases. Yet
many of these tragedies are preventable through the implementation of sound
prevention, reporting and inspection practices. ILO standards on occupational
safety and health provide essential tools for governments, employers, and
workers to establish such practices and to provide for maximum safety at
work. In 2003 the ILO adopted a global strategy to improve occupational
safety and health which included the introduction of a preventive safety and
health culture, the promotion and development of relevant instruments, and
technical assistance.
The ILO has adopted more than 40 standards specifically dealing with
occupational safety and health, as well as over 40 Codes of Practice. Nearly
half of ILO instruments
61
Convention further refers to requirements with regard to emergency situations
that may arise.
ILO Codes of Practice set out practical guidelines for public authorities,
employers, workers, enterprises, and specialized occupational safety and
health protection bodies (such as enterprise safety committees). They are not
legally binding instruments and are not intended to replace the provisions of
national laws or regulations, or accepted standards. Codes of Practice provide
guidance on safety and health at work in certain economic sectors (e.g.
construction, opencast mines, coal mines, iron and steel industries, non-
ferrous metals industries, agriculture, shipbuilding and ship repairing, forestry),
on protecting workers against certain hazards (e.g. radiation, lasers, visual
display units, chemicals, asbestos, airborne substances), and on certain safety
and health measures (e.g. occupational safety and health management
systems; ethical guidelines for workers' health surveillance; recording and
notification of occupational accidents and diseases; protection of workers'
personal data; safety, health and working conditions in the transfer of
technology to developing countries).
63
3.2.4 OSHA 3143
Under the OSH Act, OSHA develops and sets mandatory occupational safety and
health requirements applicable to the more than 6 million workplaces in the U.S.
OSHA relies on, among many others, industrial hygienists to evaluate jobs for
potential health hazards. Developing and setting mandatory occupational safety
and health standards involves determining the extent of employee exposure to
hazards and deciding what is needed to control these hazards to protect
workers. Industrial hygienists are trained to anticipate, recognize, evaluate, and
recommend controls for environmental and physical hazards that can affect the
health and well-being of workers.
More than 40 percent of the OSHA compliance officers who inspect America's
workplaces are industrial hygienists. Industrial hygienists also play a major role
in developing and issuing OSHA standards to protect workers from health
hazards associated with toxic chemicals, biological hazards, and harmful
physical agents. They also provide technical assistance and support to the
agency's national and regional offices. OSHA also employs industrial hygienists
who assist in setting up field enforcement procedures, and who issue technical
interpretations of OSHA regulations and standards.
64
WORKSITE ANALYSIS
tasks, and risks. The most-effective worksite analyses include all jobs,
operations, and work activities. The industrial hygienist inspects, researches, or
analyzes how the particular chemicals or physical hazards at that worksite affect
worker health. If a situation hazardous to health is discovered, the industrial
hygienist recommends the appropriate corrective actions.
Work practice controls alter the manner in which a task is performed. Some
fundamental and easily implemented work practice controls include (1)
changing existing work practices to follow proper procedures that minimize
exposures while operating production and control equipment; (2) inspecting and
maintaining process and control equipment on a regular basis; (3) implementing
good housekeeping procedures; (4) providing good supervision; and (5)
mandating that eating, drinking, smoking, chewing tobacco or gum, and
applying cosmetics in regulated areas be prohibited.
65
Administrative controls include controlling employees' exposure by
scheduling production and tasks, or both, in ways that minimize exposure
levels. For example, the employer might schedule operations with the highest
exposure potential during periods when the fewest employees are present.
When effective work practices or engineering controls are not feasible or while
such controls are being instituted, appropriate personal protective
equipment must be used. Examples of personal protective equipment are
gloves, safety goggles, helmets, safety shoes, protective clothing, and
respirators. To be effective, personal protective equipment must be individually
selected, properly fitted and periodically refitted; conscientiously and properly
worn; regularly maintained; and replaced, as necessary.
Air Contaminants
Fumes are formed when material from a volatilized solid condenses in cool air.
In most cases, the solid particles resulting from the condensation react with air
to form an oxide.
66
The term mist is applied to liquid suspended in the atmosphere. Mists are
generated by liquids condensing from a vapor back to a liquid or by a liquid
being dispersed by splashing or atomizing. Aerosols are also a form of a mist
characterized by highly respirable, minute liquid particles.
Fibers are solid particles whose length is several times greater than their
diameter, such as asbestos.
Gases are formless fluids that expand to occupy the space or enclosure in
which they are confined. They are atomic, diatomic, or molecular in nature as
opposed to droplets or particles which are made up of millions of atoms or
molecules. Through evaporation, liquids change into vapors and mix with the
surrounding atmosphere. Vapors are the volatile form of substances that are
normally in a solid or liquid state at room temperature and pressure. Vapors are
gases in that true vapors are atomic or molecular in nature.
Chemical Hazards
Harmful chemical compounds in the form of solids, liquids, gases, mists, dusts,
fumes, and vapors exert toxic effects by inhalation (breathing), absorption
(through direct contact with the skin), or ingestion (eating or drinking). Airborne
chemical hazards exist as concentrations of mists, vapors, gases, fumes, or
solids. Some are toxic through inhalation and some of them irritate the skin on
contact; some can be toxic by absorption through the skin or through ingestion,
and some are corrosive to living tissue.
The degree of worker risk from exposure to any given substance depends on
the nature and potency of the toxic effects and the magnitude and duration of
exposure. Information on the risk to workers from chemical hazards can be
obtained from the Material Safety Data Sheet (MSDS) that OSHA's Hazard
Communication Standard requires be supplied by the manufacturer or importer
to the purchaser of all hazardous materials. The MSDS is a summary of the
important health, safety, and toxicological information on the chemical or the
mixture's ingredients. Other provisions of the Hazard Communication Standard
67
require that all containers of hazardous substances in the workplace have
appropriate warning and identification labels.
Biological Hazards
These include bacteria, viruses, fungi, and other living organisms that can cause
acute and chronic infections by entering the body either directly or through
breaks in the skin.
Occupations that deal with plants or animals or their products or with food and
food processing may expose workers to biological hazards. Laboratory and
medical personnel also can be exposed to biological hazards. Any occupations
that result in contact with bodily fluids pose a risk to workers from biological
hazards.
In occupations where animals are involved, biological hazards are dealt with by
preventing and controlling diseases in the animal population as well as properly
caring for and handling infected animals. Also, effective personal hygiene,
particularly proper attention to minor cuts and scratches especially on the hands
and forearms, helps keep worker risks to a minimum.
Physical Hazards
68
In occupations where there is exposure to ionizing radiation, time, distance,
and shielding are important tools in ensuring worker safety. Danger from
radiation increases with the amount of time one is exposed to it; hence, the
shorter the time of exposure the smaller the radiation danger.
Shielding also is a way to protect against radiation. The greater the protective
mass between a radioactive source and the worker, the lower the radiation
exposure.
Substituting quiet work methods for noisy ones is another significant way to
reduce
noise-for example, welding parts rather than riveting them. Also, treating floors,
ceilings, and walls with acoustical material can reduce reflected or reverberant
69
noise. In addition, erecting sound barriers at adjacent work stations around
noisy operations will reduce worker exposure to noise generated at adjacent
work stations.
Another physical hazard, radiant heat exposure in factories such as steel mills,
can be controlled by installing reflective shields and by providing protective
clothing.
70
(d) the maintenance of all places of work in the factory in a
condition that is safe and without risks to health and the provision
and maintenance of such means of access to, and egress from, such
place as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working
environment in the factory for the workers that is safe, without risks
to health and adequate as regards facilities and arrangements for
their welfare at work.
(1) Every factory shall be kept clean and free from effluvial arising
from any drain, privy or other nuisance, and in particular-
(ii) where they are painted or varnished or where they have smooth
impervious surfaces, be cleaned at least one in every period of
fourteen months by such methods as may be prescribed;
(e) the dates on which the processes required by clause (d) are
carried out shall be entered in the prescribed register.
(1) Effect and suitable provisions shall be made in every factory for
securing and maintaining in every workroom-
(i) walls and roofs shall be of such material and so designed that
such temperature shall not be exceeded but kept as low as
practicable;
(ii) where the nature of the work carried on in the factories involves,
or is likely to involve, the production of excessively high
temperature, such adequate measures as are practicable shall be
taken to protect the workers there from, by separating the process,
which produces such temperature from the workroom, by insulating
the hot parts or by other effective means.
74
(a) Prescribing standards of humidification;
(c) directing prescribed tests for determining the humidityof the air
to be correctly carried out and recorded;
75
(3) If the Chief Inspector by order in writing so requires, there shall
be posted in each workroom of a factory a notice specifying the
maximum number of workers who may, in compliance with the
Provisions of this section, be employed in the room.
(2) In every factory all glazed windows and skylights used for the
lighting of the workroom shall be kept clean on both the inner and
outer surfaces and, so far as compliance with the provisions of any
rules made under sub-section (3) of section 13 will allow, free from
obstruction.
76
Section 18. Drinking water.-
(3) In every factory wherein more than two hundred and fifty
workers are ordinarily employed, provisions shall be made for
cooling drinking water during hot weather by effective means and
for distribution thereof.
77
(c) such accommodation shall be adequately lighted and ventilated
and no latrine or urinal shall, unless specially exempted in writing by
the Chief Inspector, communicate with any workroom except
through an intervening open space or ventilated passage;
(2) In every factory wherein more than two hundred and fifty
workers are ordinarily employed-
(c) without prejudice to the provisions of clauses (d) and (e) of sub-
section (1), the floors, portions of the walls and blocks so laid or
finished and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days
with suitable detergents or disinfectants or with both.
(3) The State Government may prescribe the number of latrines and
urinals to be provided in any factory in proportion to the number of
male and female workers ordinarily employed therein, and provide
for such further matters in respect of sanitation in factories,
including the obligation of workers in this regard, as it considers
necessary in the interest of the health of the workers employed
therein.
78
Section 20. Spittoons.-
(2) The State Government may make rules prescribing the type and
numbers of spittoons to be provided and their location in any
factory and provide for such further matters relating to their
maintenance in a clean and hygienic condition.
(iii) any part of a stock bar which projects beyond the head stock of
a lathe; and
(a) such worker shall not handle a belt at a moving pulley unless-
(ii) the pulley is normally for the purpose of drive and not merely a
fiy-wheel or balance wheel (in which case belt is not permissible);
(iii) the belt joint is either laced or fiush with the belt;
(iv) the belt, including the joint and the pulley rim, are in good
repair;
81
(v) there is reasonable clearance between the pulley and any fixed
plant or structure;
(vii) any ladder in use for carrying out any examination or operation
aforesaid is securely fixed or lashed or is firmly held by a second
person ;
Section 24. Striking gear and devices for cutting off power.-
(b) driving belts whennot in use shall not be allowed to rest or ride
upon shafting in motion.
83
(3) When a device, which can inadvertently shift from "off" to "on"
position, is provided in a factory- to cut off power, arrangements
shall be provided for locking the device in safe position to prevent
accidental starting of the transmission machinery or other machines
to which the device it fitted.
Provided that the Chief Inspector may permit the continued use of a
machine installed before the commencement of this Act which does
not comply with the requirements of this section on such conditions
for ensuring safety as he may think fit to impose.
(a) every set screw, bolt or key on any revolving shaft, spindle,
wheel or pinion shall be so sunk, encased or otherwise effectively
guarded as to prevent danger;
84
(b) all spur, worm and other toothed or friction gearing which does
not require frequent adjustment while in motion shall be completely
encased, unless it is so situated as to be as safe as it would be if it
were completely encased.
(2) Whoever sells or lets on hire or, agent of a seller or hirer, causes
or procures to be sold or let on hire, for use in a factory any
machinery driven by power which does not comply with the
provisions of sub-section (1) or any rules made under sub-section
(3), shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five
hundred rupees or with both.
85
from being trapped between any part of the hoist or lift and any
fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on every
hoist or lift, and no load greater than such load shall be carried
thereon;
(d) the cage of every hoist or lift used for carrying persons shall be
fitted with a gate on each side from which access is afforded to a
landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted
with inter-locking or other efficient device to secure that the gate
cannot be opened except when the cage is at the landing and that
the cage cannot be moved unless the gate is closed.
(3) The Chief Inspector may permit the continued use of a hoist or
lift installed in a factory before the commencement of this Act which
86
does not fully comply with the provisions of sub-section (1) upon
such conditions for ensuring safety as he may think fit to impose.
(a) all parts, including the working gear, whether fixed or movable,
of every lifting machine and every chain, rope or lifting tackle shall
be-
87
Inspector may specify in writing, and a register shall be kept
containing the prescribed particulars of every such examination;
(2) The State Government may make rules in respect of any lifting
machine or any chain, rope or lifting tackle used in factories-
(b) Providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance
is unnecessary or impracticable.
(b) "lifting tackle" means any chain sling, rope sling, hook, shackle,
swivel, coupling, socket, clamp, tray or similar appliance, whether
fixed or movable, used in connection with the raising or lowering of
persons, or loads by use lifting machines.
(2) The speeds indicated in notices under sub-section (1) shall not
be exceeded.
(2) The State Government may make rules providing for the
examination and testing of any plant or machinery such as is
89
referred to in sub-section (1) and prescribing such other safety
measures in relation thereto as may in its opinion, be necessary in
any factory or class or description of factories.
In every factory-
(c) when any person has to work at a height from where he is likely
to fall, provision shall be made, so far as is reasonably practicable,
by fencing or otherwise, to ensure the safety of the person so
working.
(1) In every factory every fixed vessel, sump, tank, pit or opening in
the ground or in a floor which, by reason of its depth, situation,
construction or contents, is or may be a source of danger, shall be
either securely covered or securely fenced.
90
(2) The State Government may, by order in writing, exempt, subject
to such conditions as may be prescribed, any factory or class or
description of factories in respect of any vessel, sump, tank, pit or
opening from compliance with the provisions of this section.
(a) risk of injury to the eyes from particles or fragments thrown off
in the course of the process, or
In any factory-
92
Where in any factory any manufacturing process produces dust,
gas, fume or vapour of such character and to such extent as to be
likely to explode on ignition, all practicable measures shall be taken
to prevent any such explosion by-
(a) before the fastening of any joint of any pipe connected with the
part or the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such
pipe shall be effectively stopped by a stop-valve or other means;
Provided that the provisions of this sub-section shall not apply in the
case of plant or machinery installed in the open air.
(a) safe means of escape for all persons in the event of a fire, and
94
(2) Effective measures shall be taken to ensure that in every factory
all the workers are familiar with the means of escape in case of fire
and have been adequately trained in the routine to be following in
such cases.
(3) The State Government may make rules, in respect of any factory
or class or description of factories, requiring the measures to be
adopted to give effect to the provisions of sub-sections (1) and (2).
(2) If it appears to the Inspector that the use of any building or part
of a building or any part of the ways, machinery or plant in a factory
involves imminent danger to human life or safety he may serve on
95
the occupier or manager or both of the factory an order in writing
prohibiting its use until it has been properly repaired or altered.
(a) maintain accurate and up-to-date health records or, as the case
may be, medical records, of the workers in the factory who are
exposed to any chemical, toxic or any other harmful substances
which are manufactured, stored, handled or transported and such
records shall be accessible to the workers subject to such conditions
as may be prescribed;
96
(c) provide for medical examination of every worker-
(i) before such worker is assigned to a job involving the handling of,
or working with, a hazardous substance, and
(2) If, in the opinion of the Chief Inspector, the workers in any
factory engaged in a particular manufacturing process or working in
a particular room, are able to do their work efficiently in a sitting
position, he may, by order in writing, require the occupier of the
factory to provide before a specified date such seating
arrangements as may be practicable for all workers so engaged or
working.
98
(2) Nothing except the prescribed contents shall be kept in a first-
aid box or cupboard.
(4) In every factory wherein more than five hundred workers are
ordinarily employed there shall be provided and maintained an
ambulance room of the prescribed size, containing the prescribed
equipment and in the charge of such medical and nursing staff as
may be prescribed and those facilities shall always be made readily
available during the working hours of the factory.
(1) The State Government may make rules requiring that in any
specified factory wherein more than two hundred and fifty workers
are ordinarily employed, a canteen or canteens shall be provided
and maintained by the occupier for the use of the workers.
(c) the foodstuffs to be served therein and the charges which may
be made therefor;
99
(dd) the items of expenditure in the running of the canteen which
are not to be taken into account in fixing the cost of foodstuffs and
which shall be borne by the employer ;
(1) In every factory wherein more than one hundred and fifty
workers are ordinarily employed adequate and suitable shelters or
rest-rooms and a suitable lunch-room, with provision for drinking
water, where workers can eat meals brought by them, shall be
provided and maintained for the use of the workers:
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As per Tamilnadu Factories rule 1950,
2. Definitions
(k) [* * *]
(l) "maintained" means maintained in an efficient state, in
efficient working order and in good repair.
(m) "Manger" means the person nominated or appointed as such
by the occupier of the factory under section 7 for the purposes of
the Act.
(n) "Local Authority" means the commissioner in the case of an
area within the limits of a Municipality or Corporation, the executive
officer in the case of an area within the jurisdiction of a panchayat,
and the president of a district board in the case of any other area.
(o) "Public Health Authority" means the local Health Officer
having jurisdiction over the area.
103
carried out under sub-rules (1) and (2) including the nature and the
results of the tests, shall also be entered by he Certifying Surgeon in
a Health Register in Form No. 17.
Provided also that the Chief Inspector having due regard to the
health of the worker may in special and exceptional circumstances,
105
by an order in writing, exempt any factory or part of a factory from
the foregoing requirement, in so far as restricting the thermal
conditions within the limits laid down in the Schedule are concerned,
to the extent that he may consider necessary, subject to such
conditions as he may specify.
3. Ventilation.-
(1) In every factory the amount of ventilating
openings in a work room below the caves shall, except where
mechanical means of ventilation as required by sub-rule (2) are
provided, be of an aggregate area of not less than 15 per cent. of
the floor area and so located as to afford a continued supply of
fresh air :
(a) by the use of steam during any period when the dry
bulb temperature of that room exceeds (850F or 29.50C);
(b) at any time when the wet bulb reading of the
hygrometer is higher than that specified in the following Schedule in
relation to the dry bulb reading of the hygrometer at time; or as
regards a dry bulb reading intermediate between any two dry bulb
readings indicated consecutively in the schedule, when the wet bulb
107
reading is higher than that specified in relation to the higher of
these two dry bulb readings:-
Provided, however, that clause (b) shall not apply when the
difference between the wet bulb temperature as indicated by the
hygrometer in the department concerned and the wet bulb
temperature taken with a hygrometer outside in the shade is less
than 350F or 20C
Provided further that when the reading of the wet bulb temperature
outside in the shade exceeds (800F or 270C), the value of the wet
bulb temperature allowed in the schedule for a given dry bulb
temperature may be correspondingly exceeded to the same extent.
One hygrometer for Departments with less than 500 looms, and one
additional hygrometer for every 500 or part of 500 looms in excess
of 500.
One hygrometer for each room of less than 8,495 cubic metres
capacity and one extra hygrometer for each 5,663.4 cubic metres or
part thereof, in excess of this.
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23. Specifications of hygrometer. -
(1) Each hygrometer shall comprise two mercurial
thermometers of wet bulb and dry bulb of similar construction, an
equal in dimensions, scale and division of scale. They shall be
mounted on a frame with a suitable reservoir containing water.
(2) The wet bulb shall be closely covered with a single layer
of muslin, kept by means of a wick attached to it and dropping into
the water in the reservoir. The muslin, covering and the wick shall
be suitable for the proposes clean and free from size or grease.
(3) No part of the wet bulb shall be within 7.6 centimetres
form the dry bulb or less than 2.5 centimetres from the surface of
the water in the reservoir and the water reservoir shall be below it
,on the side of it away from the dry bulb.
(4) The bulb shall be spherical and of suitable dimensions
and shall be freely exposed on all sides to the air of the room.
(5) The bores of the steam shall be such that the position
of the top of the mercury column shall be readily distinguishable at
distance of 61centimetres
(6) Each thermometer shall be graduated so that accurate
readings a may be taken between 10 and 48.9 degrees.
(7) Every degree from 10 degrees up to 48.9 degrees shall
be clearly marked by horizontal lines on the stem, each fifth and
tenth degree shall be marked by longer marks than the intermediate
degrees and the temperature marked opposite each tenth degree,
i.e. 10, 15.6, 21.1, 26.7, 32.2, 37.8, 43.3 and 48.9]
(8) The markings as above shall be accurate, that is to say,
at no temperature between 10 and 48.9 degrees shall be the
indicated readings be in error by more than two-tenths of a degree.
(9) A distinctive number shall be indelibly marked upon the
thermometer.
(10) The accuracy of each thermometer shall be certified by
the National Physical Laboratory, London, or some competent
110
authority appointed by the Chief Inspector and such certificate shall
be attached to the Humidity Register.
24. Thermometers to be maintained in efficient order. -
(a) the wick and the muslin covering of the wet bulb shall
be renewed once a week;
(b) the reservoir shall be filled with water which shall be
completely renewed once a day. The Chief Inspector may direct the
use of distilled water or pure rain water in any particular mill or mills
in certain localities;
(c) no water shall be applied directly to the wick or covering
during the period of employment
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(2) No hygrometer shall be fixed at a height of more than
1.7 metres from the floor to the top of thermometer stem or in the
direct draughts from a fan, window, or ventilating opening.
Provided that in any such parts in which the mounting height of the
light source for general illumination necessarily exceeds 7.6 metres
measured from the floor or where the structure of the room or the
position or construction of the fixed machinery or plant prevents the
uniform attainment of this standard, the general illumination at the
112
said level shall be not less than 22 lux and where work is actually
being done the illumination shall be not less than (65 lux).
113
such drinking water shall be readily available at all times during
working hours
(1) Drinking water shall not be supplied from any open well
or reservoir unless it is so constructed, situated, protected and
maintained as to be free from the possibility of pollution by
chemical, or bacterial and extraneous impurities.
(2) Where drinking water is supplied from such well or
reservoir, the water in it shall be sterilized once a week or more
frequently, if the Inspector by the written order, so requires, and
the date on which sterilizing is carried out shall be recorded:
114
Provided that this requirement shall not apply to any such well or
reservoir, if the water therein is filtered and treated to the
satisfaction of the Health Officer before it is supplied for
consumption.
In every factory where in more than two hundred and fifty workers
are ordinarily employed-
Provided that, if ice is placed in the drinking water, the ice shall be
clean and wholesome and shall be obtained only from a source
approved in writing by the Health Officer;
Provided further that the distance between the place of work of any
worker shall not be more than fifty meters from the nearest water
centre or any distance as may be specified by the inspector.
Provided that, the Chief Inspector may exempt any "water centre"
from the requirements of this clause.
116
In calculating the number of seats required under this rule, any odd
number of workers less than 20 or 20 as the case may be shall be
reckoned as 20 or 50 and the maximum number of persons working
in he factory at any time and not the total number of persons
employed in the factory, shall be taken into account.
Every latrine shall be under cover and every seat in the latrine shall
be so partitioned off as to secure privacy, and each partition shall
have a proper door and fastenings.
117
accommodation shall be provided for them on the same scale as
mentioned above:
Provided that this rule shall not apply to latrines and urinals, the
wall, ceilings or partitions of which are laid in glazed tiles or
otherwise finished to provide a smooth, polished impervious surface
and that they are washed with suitable detergents and disinfectants
at least once in every period of four months.
119
52A. Planting of trees. -
120
(a) in the case of a rectangular or oval shape, be not less
than 40.6 centimetres long and 30.5 centimetres wide,
(b) in the case of circular shape, be not less than 40.6
centimetres in diameter.
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(g) looking into any complaint made on the
likelihood of an imminent danger to the safety and health of the
workers and suggesting corrective measures; and
(h) reviewing the implementation of the
recommendations made by it.
Provided that they are not covered under the First Schedule under
section 2 (cb) or carrying out processes or operations declared to be
dangerous under section 87 of the Act.
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(a) declared intention and commitment of the top
Management to health, safety and environment and compliance
with all the relevant statutory requirements;
(b) organisational set up to carryout the declared
policy clearly assigning the responsibility at different levels and;
(c) arrangements for making the policy effective.
(5) In particular, the policy should specify the following:
(a) arrangements for involving the workers;
125
(iv) The physical hazardous of the hazardous
substance, including the potential for fire explosion and reactivity;
(v) The health hazards of the hazardous
substance, including signs and symptoms of exposure, and any
medical conditions which are generally recognised as being
aggravated by exposure to the substance;
(vi) The primary route(s) entry;
(vii) The permissible limits of exposure
prescribed in the Second Schedule under section 41-F of the Act,
and in respect of a Chemical not covered by the said Schedule, any
exposure limit used or recommended by the manufacture, importer
or occupier;
126
scientific evidence used in making the hazard determination. If he
becomes newly aware of any significant information regarding the
hazards of a substance, or ways to protect against the hazards, this
new information shall be added to the Material Safety Data Sheet as
soon as practicable.
(c) An example of such Material Safety Data Sheet
is given in the Schedule to this rule.
(2) Labelling –
127
(e) Measures taken by the occupier to ensure
safety and control of physical and health hazards;
(f) Measures to be taken by the workers to ensure
safe handling, storage and transportation of hazardous substances;
(g) Personal Protective Equipment required to be
used by workers employed in hazardous process or dangerous
operations;
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(2) In the event of any change in the process or operations
or methods of work or when any new substance is introduced in the
process or in the event of a serious accident taking place, the
information so furnished shall be reviewed and modified to the
extent necessary.
130
to the occupier within thirty days. If the Certifying Surgeon is of the
opinion that the workers examined is required to be taken away
from the process for health protection, he will direct the occupier
accordingly, who shall not employ the said worker in the same
process. However, the worker so taken away shall be provided with
alternate placement unless he is in the opinion of the Certifying
Surgeon, fully incapacitated in which case the worker affected shall
be suitably rehabilitated.
131
carry out the pre-employment and periodical medical examination
as stipulated in rule 62-N and render medical assistance during any
emergency ;
(ii) a minimum of five persons trained in first-aid
procedure amongst whom atleast one shall always be available
during the working period;
(iii) a fully equipped first-aid-box.
(b) For factories employing fifty-one to two hundred
workers -
(i) shall have an occupational health center. It is
suggested that it shall have a room with a floor area of fifteen
square metres with floors and walls made of smooth and impervious
surface and adequate illumination and ventilation. It is suggested to
have the equipments given in the Schedule annexed to this rule;
(ii) a part-time Factory Medical Officer shall be in
overall charge of the centre who shall visit the factory atleast twice
in a week and those services shall be readily available during
medical emergencies;
(iii) one qualified and trained dresser-cum-
compounder on duty throughout the working period;
(iv) a fully equipped first-aid box in all the
departments.
(c) For factories employing in above two hundred workers
-
(i) one full-time Factory Medical Officer for
factories employing upto five hundred workers and one more
Medical Officer for every additional thousand workers or part thereof
;
(ii) shall have an Occupational Health Centre. It is
suggested that it shall have two rooms with a floor area of fifteen
sq. metres with floors and walls made of smooth and impervious
132
surface and adequate illumination and ventilation. It is suggested to
have the equipments given in the Schedule annexed to this rule;
(iii) there shall be one nurse, one dresser-cum-
compounder and one sweeper-cum-ward boy throughout the
working period ;
(iv) The Occupational Health Centre shall be
suitably equipped to manage medical emergencies.
Provided that –
133
approved by the Directorate-General of Factory Advice Service and
Labour Institutes or the State Government in accordance with the
guide lines issued by the DGFASLI.
(4) Within one month of the appointment of a Factory
Medical Officer, the occupier of the factory shall furnish to the Chief
Inspector the following particulars:-
135
(2) A copy of the upto-date health records including the records
of workers’ exposure to hazardous process or as the case may be,
the medical record shall be supplied to the worker, on receipt of an
application from him. X-ray plates and other medical diagnostic
reports may also be made available for reference to his medical
practitioner.
(2) The syllabus and duration of the above training and the
organisations conducting the training shall be approved by the
Director-General, Factory Advise Service and Labour Institutes or
the State Government in accordance with the guidelines issued by
the Director-General, Factory Advice Service and Labour Institutes.
136
guidelines from time to time to the occupiers of factories carrying on
‘hazardous process’. Such guidelines may be based on National
Standard, Codes of Practices or recommendations of International
Bodies such as International Labour Organisation and World Health
Organisation.
137
1. Manufacturer of aerated water and processes
incidental thereto.
2. Electroplating or oxidation of metal articles by
use of an electrolyte containing acids, bases of salts of metals such
as chromium, nickel, cadmium, zinc, copper, silver, gold, etc.
3. Manufacture and repair of electric
accumulators.
4. Glass manufacture.
5. Grading or glazing of metals.
6. Manufacture and treatment of lead and certain
compounds of lead.
7. Generation of gas from dangerous petroleum.
8. Cleaning or smoothing of articles by a jet of
send, metal shot or grit or other abrasive propelled by a blast of
compressed air or steam.
9. Liming and tanning of raw hides and skins and
processes incidental thereto.
10. Cellulose spraying.
11. Graphite powdering and incidental processes.
12. Certain lead process carried on in printing
presses and type foundries.
13. Cashew nut processing.
14. Dyeing, stenciling and painting of mats,
mattings and carpets in coir and fibre factories.
15. Pottery and ceramics industries.
16. Chemical works.
17. Manufacture of dichromates
18. Compression of oxygen and hydrogen produced
by the electrolysis.
19. Manipulation of stone or any other material
containing free silica.
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20. Handling and processing of asbestos,
manufacture of any article of asbestos and any other process or
manufacture or otherwise in which asbestos is used in any form.
21. Handling and manipulation of corrosive
substances.
22. Manufacture or manipulation of Carcinogenic
Dye intermediates.
23. Process of extracting oils and facts from
vegetable and animal sources in Solvent Extraction Plants.
24. Fireworks Manufactories and Match factories.
25. Manufacture of manipulation of Manganese and
its compounds.
26. Carbon-disulphide plants.
27. Manufacture, handling and use Benzene.
28. Operation involving High Noise Levels.
29. Manufacture or manipulation of dangerous
pesticides.
Factories Act
139
Renewal application to be sent on time (60 days before expiry in most
states)
Total number of workers not to exceed number specified in License
Stability certificate to be renewed every 5 years
Pressure Vessels to be checked every 6 months / 1 year
Lift, Hoists & Tackles to be checked every year
Other conditions …
Contract Labour
Unit Side …
140
Agreements must be renewed by making new agreement on stamp
paper except in case of automatic renewal
Agreement to be vetted by Unit‟s Legal Department.
Company nominated person, present at time of paying wages.
Allow access to Toilet, Rest-Room and Canteen facilities to contract
workers
Contract Labour
Contractor Side
141
Motor Vehicles Act
Ensure correct document validity for owned and contract vehicles (copy must be
kept with Admin Dept in file
1. Registration Certificate,
2. Insurance
3. Fitness (for transport vehicles and buses)
4. Permits
5. Road Tax
All drivers must have “TR” license
Company managers driving their own vehicles must have valid license
Contract vehicles taken on long term hire must be with Agreement on stamp
paper, vetted by Units Legal Team
Ensure proper transfer in case of sale of vehicles
Environment Laws
New Rules, made under Environment Protection Act are moving from the general
to Specifics
Keep proper documentation to prove that you have done the right thing and
on time
143
Keep acknowledgement of all documents submitted or Proof of Delivery (Post
AD or Courier)
An Act to provide for the prevention and control of water pollution and
the maintaining or restoring of wholesomeness of water for the establishment,
with a view to carrying out the purposes aforesaid, of Boards for the prevention
and control of water pollution, for conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith
144
CHAPTER I
PRELIMINARY
(1) This Act may be called the Water (Prevention and Control of Pollution) Act,
1974. (2) It applies in the first instance to the whole of the States of Assam,
Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka,
Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union
Territories; and it shall apply to such other State which adopts this Act by
resolution passed in that behalf under clause (1) of article 252 of the
Constitution.
(3) It shall come into force at once in the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya
Pradesh, Rajasthan, Tripura and West Bengal and in the Union Territories, and
in any other State which adopts this Act under clause (1) of article 252 of the
Constitution on the date of such adoption and any reference in this Act to the
commencement of this Act shall, in relation to any State or Union Territory,
means the date on which this Act comes into force in such State or Union
Territory.
2.Definitions
145
1[(d) "occupier" in relation to any factory or premises, means the person
who has control over the affairs of the factory or the premises, and
includes, in relation to any substance, the person in possession of the
substance;]
(f) "prescribed" means prescribed by rules made under this Act by the
Central
146
(i) river;
(v) sea or tidal waters to such extent or, as the case may be, to such
point as the State Government may, by notification in the
Official Gazette, specify in this behalf;
CHAPTER IV
(1) Subject to the provisions of this Act, the main function of the Central
Board shall be to promote cleanliness of streams and wells in different areas
of the States.
(b) co-ordinate the activities of the State Boards and resolve disputes
among them;
147
(c) provide technical assistance and guidance to the State Boards, carry
out and sponsor investigations and research relating to problems of
water pollution and prevention, control or abatement of water
pollution;
(f) collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention
and control and prepare manuals, codes or guides relating to
treatment and disposal of sewage and trade effluents and disseminate
information connected therewith;
PROVIDED that different standards may be laid down for the same
stream or well or for different streams or wells, having regard to
the quality of water, flow characteristics of the stream or well and
the nature of the use of the water in such stream or well or streams
or wells;
17.Functions of state
Board
(1) Subject to the provisions of this Act, the functions of a State Board
shall be-
(f) to inspect sewage or trade effluents, works and plants for the
treatment of sewage and trade effluents and to review plans,
specifications or other data relating to plants set up for the treatment
of water, works for the purification thereof and the system for the
149
disposal of sewage or trade effluents or in connection with the grant
of any consent as required by this Act;
(g) to lay down, modify or annul effluent standards for the sewage
and trade effluents and for the quality of receiving waters (not being
water in an inter- State stream) resulting from the discharge of
effluents and to classify waters of the State;
150
remedial measures as are necessary to prevent, control or abate
water pollution;
151
(m) to lay down effluent standards to be complied with by persons while
causing discharge of sewage or sullage or both and to lay down,
modify or annul effluent standards for the sewage and trade
effluents;
(n) to advise the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or well;
this Act-
(a) the Central Board shall be bound by such directions in writing as the
Central Government may give to it; and
(b) Every State Board shall be bound by such directions in writing as the
Central Board or the State Government may give to it:
15[(2) Where the Central Government is of the opinion that any State Board
has defaulted in complying with any directions given by the Central Board
152
under sub- section (1) and as a result of such default a grave emergency has
arisen and it is necessary or expedient so to do in the public interest, it may,
by order, direct the Central Board to perform any of the functions of the State
Board in relation to such area for such period and for such purposes, as may
be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board
in pursuance of a direction under sub-section (2), the expenses, if any,
incurred by the Central Board with respect to the performance of such
functions may, if the State Board is empowered to recover such expenses,
be recovered by the Central Board with interest (at such reasonable rate as
the Central Government may, by order, fix) from the date when a demand
for such expenses is made until it is paid from the person or persons
concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to
perform the functions of any State Board given under sub-section (2) in respect
of any area would not preclude the State Board from performing such functions
in any other area in the State or any of its other functions in that area.]
153
CHAPTER V
(2) Each water pollution, prevention and control area may be declared either
by reference to a map or by reference to the line of any watershed or the
boundary of any district or partly by one method and partly by another.
(a) alter any water pollution, prevention and control area whether by
way of extension or reduction; or
(b) define a new water pollution, prevention and control area in which
may be merged one or more water pollution, prevention and
control areas, or any part or parts thereof.
20.Power to obtain
information
(1) For the purpose of enabling a State Board to perform the functions
conferred on it by or under this Act, the State Board or any officer
empowered by it in that behalf, may make surveys of any area and gauge
and keep records of the flow or volume and other characteristics of any
154
stream or well in such area, and may take steps for the measurement and
recording of the rainfall in such area or any part thereof and for the
installation and maintenance for those purposes of gauges or other
apparatus and works connected therewith, and carry out stream surveys
and may take such other steps as may be necessary in order to obtain any
information required for the purposes aforesaid.
(2) A State Board may give directions requiring any person who in its opinion
is abstracting water from any such stream or well in the area in quantities
which are substantial in relation to the flow or volume of that stream or well
or is discharging sewage or trade effluent into any such stream or well, give
such information as to the abstraction or the discharge at such times and in
such form as may be specified in the directions.
(3) Without prejudice to the provisions of sub-section (2), a State Board may,
with a view to preventing or controlling pollution of water, give directions
requiring any person in charge of any establishment where any [industry,
operation or process, or treatment and disposal system] is carried on, to
furnish to it information regarding the construction, installation or operation of
such establishment or of any disposal system or of any extension or
addition thereto in such establishment and such other particulars as may be
prescribed.
(1) A State Board or any officer empowered by it in this behalf shall have
power to take for the purpose of analysis samples of water from any stream
or well or samples of any sewage or trade effluent which is passing from any
plant or vessel or from or over any place into any such stream or well.
155
(2) The result of any analysis of a sample of any sewage or trade effluent
taken under sub-section (1) shall not be admissible in evidence in any legal
proceeding unless the provisions of sub-sections (3), (4) and (5) are complied
with.
(3) Subject to the provisions of sub-sections (4) and (5), when a sample
(composite or otherwise as may be warranted by the process used) of any
sewage or trade effluent is taken for analysis under sub-section (1), the
person taking the sample shall-
(a) serve on the person in charge of, or having control over, the plant
or vessel or in occupation of the place (which person is hereinafter
referred to as the occupier) or any agent of such occupier, a
notice, then and there in such form as may be prescribed of his
intention to have it so analysed;
(b) in the presence of the occupier or his agent, divide the sample into
two parts
and sealed and shall also be signed both by the person taking
the sample and the occupier or his agent;
(i) in a case where such sample is taken from any area situated in
a Union Territory, to the laboratory established or recognised by
the Central Board under section 16; and
(e) on the request of the occupier or his agent, send the second
container-
156
(i) in a case where such sample is taken from any area situated in
a Union Territory, to the laboratory established or specified
under sub-section (1) of section 51; and
18[(4) When a sample of any sewage or trade affluent is taken for analysis
under sub- section (1) and the person taking the sample serves on the
occupier or his agent, a notice under clause (a) of sub-section (3) and the
occupier or his agent wilfully absents himself, then-
(b) the cost incurred in getting such sample analysed shall be payable
by the occupier or his agent and in case of default of such payment,
the same shall be recoverable from the occupier or his agent, as
the case may be, as an arrear of land revenue or of public demand:
157
(5) When a sample of any sewage or trade effluent is taken for analysis under
sub- section (1) and the person taking the sample serves on the occupier
or his agent a notice under clause (a) of sub-section (3) and the occupier or
his agent who is present at the time of taking the sample does not make a
request for dividing the sample into two parts as provided in clause (b) of
sub-section (3), then, the sample so taken shall be placed in a container
which shall be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith by such person for
analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as
the case may be, of clause (d) of sub-section (3).
(1) Where a sample of any sewage or trade effluent has been sent for analysis
to the laboratory established or recognised by the Central Board or, as the
case may be, the State Board, the concerned Board analyst appointed under
sub-section (3) of section
53 shall analyse the sample and submit a report in the prescribed form of the
result of such analysis in triplicate to the Central Board or the State Board as
the case may be. (2) On receipt of the report under sub-section (1), one copy
of the report shall be sent by the Central Board or the State Board, as the
case may be, to the occupier or his agent referred to in section 21, another
copy shall be preserved for production before the court in case any legal
proceedings are taken against him and the other copy shall be kept by the
concerned Board.
(3) Where a sample has been sent for analysis under clause (e) of sub-section
(3) or sub-section (4) of section 21 to any laboratory mentioned therein, the
government analyst referred to in that sub-section shall analyse the sample
and submit a report in the prescribed form of the result of the analysis in
158
triplicate to the Central Board or, as the case may be, the State Board
which shall comply with the provisions of sub-section (2).
(5) Any cost incurred in getting any sample analysed at the request of the
occupier or his agent shall be payable by such occupier or his agent and in
case of default the same shall be recoverable from him as arrears of land
revenue or of public demand.
(a) for the purpose of performing any of the functions of the Board
entrusted to him;
(c) for the purpose of examining any plant, record, register, document
or any other material object or for conducting a search of any place
in which he has reason to believe that an offence under this Act or
159
the rules made thereunder has been or is being or is about to be
committed and for seizing any such
PROVIDED that the right to enter under this sub-section for the
inspection of a well shall be exercised only at reasonable hours in a
case where such well is situated in any premises used for residential
purposes and the water thereof is used exclusively for domestic
purposes.
made under the authority of a warrant issued under 20[section 94] of the
said Code, or, as the case may be, under the corresponding provisions of
the said law.
160
161
(b) no person shall knowingly cause or permit to enter into any stream
any other matter which may tend, either directly or in
combination with similar matters, to impede the proper flow of the
water of the stream in a manner leading or likely to lead to a
substantial aggravation of pollution due to other causes or of its
consequences.
(b) depositing any materials on the bank or in the bed of any stream
for the purpose of reclaiming land, or for supporting, repairing or
protecting the bank or bed of such stream provided such materials
are not capable of polluting such stream;
(c) putting into any stream any sand or gravel or other natural deposit
which has flowed from or been deposited by the current of such
stream;
(d) causing or permitting, with the consent of the State Board, the
deposit accumulated in a well, pond or reservoir to enter into any
stream.
22[(1) Subject to the provisions of this section, no person shall, without the
(b) bring into use any new or altered outlet for the discharge of sewage;
or
(2) An application for consent of the State Board under sub-section (1) shall
be made in such form, contain such particulars and shall be accompanied by
such fees as may be prescribed.]
(3) The State Board may make such inquiry as it may deem fit in respect of
the application for consent referred to in sub-section (1) and in making any
such inquiry shall follow such procedure as may be prescribed.
163
23[(4) The State Board
may-
(iii) that the consent will be valid only for such period as may be
specified in the order, and any such conditions imposed shall be binding on any
person establishing or taking any steps to establish any industry, operation or
process, or treatment and disposal system or extension or addition thereto, or
using the new or altered outlet, or discharging the effluent from the land or
premises aforesaid; or
(5) Where, without the consent of the State Board, any industry, operation or
process, or any treatment and disposal system or any extension or
addition thereto, is established, or any steps for such establishment have
been taken or a new or altered outlet is brought into use for the discharge
of sewage or a new discharge of sewage is made, the State Board may serve
on the person who has established or taken steps to establish any industry,
operation or process, or any treatment and disposal system or any extension
164
or addition thereto, or using the outlet, or making the discharge, as the case
may be, a notice imposing any such conditions as it might have imposed on
an application for its consent in respect of such establishment, such outlet or
discharge.
(6) Every State Board shall maintain a register containing particulars of the
conditions imposed under this section and so much of the register as relates
to any outlet, or to any effluent, from any land or premises shall be open to
inspection at all reasonable hours by any person interested in, or affected by
such outlet, land or premises, as the case may be, or by any person authorised
by him in this behalf and the conditions so contained in such register shall be
conclusive proof that the consent was granted subject to such conditions.]
(7) The consent referred to in sub-section (1) shall, unless given or refused
earlier, be deemed to have been given unconditionally on the expiry of a
period of four months of the making of an application in this behalf complete
in all respects to the State Board.
(a) the expression "new or altered outlet" means any outlet which is
wholly or partly constructed on or after the commencement of this
Act or which (whether so constructed or not) is substantially altered
after such commencement;
Where immediately before the commencement of this Act any person was
24[(1) A State Board shall not grant its consent under sub-section (4) of
review-
166
(3) Any condition imposed under section 25 or section 26 shall be subject
to any variation made under sub-section(2)and shall continue in force
until revoked under that sub-section
28.Appeals
(1) Any person aggrieved by an order made by the State Board under section
25, section 26 or section 27 may, within thirty days from the date on which
the order is communicated to him, prefer an appeal to such authority
(hereinafter referred to as the Appellate Authority) as the State Government
may think fit to constitute:
PROVIDED that the Appellate Authority may entertain the appeal after the
expiry of the said period of thirty days if such authority is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
persons as the
(3) The form and manner in which an appeal may be preferred under sub-
section (1), the fees payable for such appeal and the procedure to be followed
by the Appellate Authority shall be such as may be prescribed.
(5) If the Appellate Authority determines that any condition imposed, or the
variation of any condition, as the case may be, was unreasonable, then-
167
(a) where the appeal is in respect of the unreasonableness of any
condition imposed, such authority may direct either that the
condition shall be treated as annulled or that there shall be
substituted for it such condition as appears to it to be reasonable;
29.Revisio
n
(1) The State Government may at any time either of its own motion or on an
application made to it in this behalf, call for the records of any case where
an order has been made by the State Board under section 25, section 26 or
section 27 for the purpose of satisfying itself as to the legality or propriety of
any such order and may pass such order in relation thereto as it may think it:
PROVIDED that the State Government shall not pass any order under this sub-
section without affording the State Board and the person who may be affected
by such order a reasonable opportunity of being heard in the matter.
(2) The State Government shall not revise any order made under section
25, section
26, or section 27 where an appeal against that order lies to the Appellate
Authority, but has not been preferred or where an appeal has been preferred
such appeal is pending before the Appellate Authority.
24[(1) Where under this Act, any conditions have been imposed on any
168
and such work has not been executed within such time as may be specified
in this behalf, the State Board may serve on the person concerned a notice
requiring him within such time (not being less than thirty days) as may be
specified in the notice to execute the work specified therein.]
(2) If the person concerned fails to execute the work as required in the notice
referred to in sub-section (1), then, after the expiration of the time specified in
the said notice, the State Board may itself execute or cause to be executed
such work.
(3) All expenses incurred by the State Board for the execution of the aforesaid
work, together with interest, at such rate as the State Government may, by
order, fix, from the date when a demand for the expenses is made until it is
paid, may be recovered by that Board from the person concerned, as
arrears of land revenue, or of public demand.
(2) Where any local authority operates any sewerage system or sewage
works, the provisions of sub-section (1) shall apply to such local authority as
they apply in relation to the person in charge of the place where any
industry or trade is being carried on.
169
32. Emergency measures in case of pollution of
stream or well
(1) Where it appears to the State Board that any poisonous, noxious or
(a) removing that matter from the 21[stream or well or on land] and
disposing it of in such manner as the Board considers appropriate;
(2) The power conferred by sub-section (1) does not include the power to
construct any works other than works of a temporary character which are
removed on or before the completion of the operation.
170
otherwise, the Board may make an application to a court, not inferior to
that of a Metropolitan Magistrate or a Judicial
171
Magistrate of the first class, for restraining the person who is likely to cause such
pollution from so causing.]
(2) On receipt of an application under sub-section (1) the court may make such order
as it deems fit.
(3) Where under sub-section (2) the court makes an order restraining any person from
polluting the water in any stream or well, it may in that order-
(i) direct the person who is likely to cause or has caused the pollution of the
water in the stream or well, to desist from taking such action as is likely to
cause pollution or, as the case may be, to remove from such stream or well,
such matter, and
(ii) authorise the Board, if the direction under clause (i) (being a direction for
the removal of any matter from such stream or well) is not complied with by
the person to whom such direction is issued, to undertake the removal and
disposal of the matter in such manner as may be specified by the court.
(4) All expenses incurred by the Board in removing any matter in pursuance of the
authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter
may be defrayed out of any money obtained by the Board from such disposal and any
balance outstanding shall be recoverable from the person concerned as arrears of land
revenue or of public demand.
Notwithstanding anything contained in any other law, but subject to the provisions of
this Act, and to any directions that the Central Government may give in this behalf, a
Board may, in the exercise of its powers and performance of its functions under this Act,
issue any directions in writing to any person, officer or authority, and such
172
person, officer or authority shall be bound to comply with such directions.
Explanation : For the avoidance of doubts, it is hereby declared that the power to
issue directions under this section includes the power to direct-
(b) the storage or regulation of supply of electricity, water or any other service.]
CHAPTER VII
(3) of section 20, or orders issued under clause (c) of sub-section (1) of
section 32 or directions issued under sub-section (2) of section 33 or section
33A
(1) Whoever fails to comply with the direction given under sub-section (2) or sub-
section (3) of section 20 within such time as may be specified in the direction shall, on
conviction, be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to ten thousand rupees or with both and in case
the failure continues, with an additional fine which may extend to five thousand
rupees for every day during which such failure continues after the conviction for the first
such failure.
(2) Whoever fails to comply with any order issued under clause (e) of sub-section (1) of
section 32 or any direction issued by a court under sub-section (2) of section 33 or any
direction issued under section 33A shall, in respect of each such failure and on
conviction, be punishable with imprisonment for a term which shall not be less than one
year and six months but which may extend to six years and with fine, and in case the
failure continues, with an additional fine which may extend to five thousand
173
rupees for everyday during which such failure continues after the conviction for the first
such failure.
(3) If the failure referred to in sub-section (2) continues beyond a period of one year
after the date of conviction, the offender shall, on conviction, be punishable with
imprisonment for a term which shall not be less than two years but which may extend
to seven years and with fine.]
174
THE AIR (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1981 No. 14 of 1981
An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for
conferring on and assigning to such Boards powers and functions relating thereto and
for matters connected therewith.
WHEREAS decisions were taken at the United Nations Conference on the Hum an
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air
pollution;
175
CHAPTER I
PRELIMINARY
(1) This Act may be called the Air (Prevention and Control of Pollution) Act,
1981. (2) It extends to the whole of India.
(3) It shall come into force on such datel as the Central Government may, by notification
in the
2. Definitions.
(a) "air pollutant" means any solid, liquid or gaseous substance 2[(including noise)]
present in the atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or environment;
(b) "air pollution" means the presence in the atmosphere of any air
(c) "approved appliances" means any equipment or gadget used for the bringing of
any combustible material or for generating or consuming any fume, gas of particulate
matter and approved by the State Board for the purpose of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes of
this Act; (e) "automobile" means any vehicle powered either by internal combustion
engine or by any
176
(f) "Board" means the Central Board or State Board;
177
(g) "Central Board- means the 3[Central Board for the Prevention and Control of Water
Pollution] constituted under section 3 of the Water (Prevention and Control of Pollution)
Act,1974;
(h) "chimney" includes any structure with an opening or outlet from or through
which any air pollutant may be emitted,
(i) "control equipment" means any apparatus, device, equipment or system to control
the quality and manner of emission of any air pollutant and includes any device used
for securing the efficient operation of any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet;
(k) "industrial plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;
(l) "member" means a member of the Central Board or a State Board, as the case
may be, and includes the Chairman thereof,
4[(m) "occupier", in relation to any factory or premises, means the person who has
control over the affairs of the factory or the premises, and includes, in relation to any
substance, the person in posse ssion of the substance;]
178
(n) "prescribed" means prescribed by rules made under this Act by the Central
Government or as the case may be, the State government;
(i) in relation to a State in which the Water (Prevention and Control of Pollution)
Act,
1974, is in force and the State Government has constituted for that State a
5[State Board for the Prevention and Control of Water Pollution] under section
State Board; an
(ii) in relation to any other State, the State Board for the Prevention and Control of Air
179
CHAPTER II
6[3. Central Board for the Prevention and Control of Air Pollution.
The Central Board for the Prevention and Control of Water Pollution constituted under
section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall,
without prejudice to the exercise and performance of its powers and functions under this
Act, exercise the powers and perform the functions of the Central Board for the
Prevention and Control of Air Pollution under this Act.
7[4. State Boards for the Prevention and Control of Water Pollution to be,
State Boards for the Prevention and Control of Air Pollution.
In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), is in force and the State Government has constituted for that State a State Board
for the Prevention and Control of Water Pollution under section 4 of that Act, such State
Board shall be deemed to be the State Board for the Prevention and Control of air
Pollution constituted under section 5 of this Act and accordingly that State Board for the
Prevention and Control of Water Pollution shall, without prejudice to the exercise and
performance of its powers and functions under that Act, exercise the powers and
perform the functions of the State Board for the Prevention and Control of Air Pollution
under this Act.]
180
(1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), is not in force, or that Act is in force but the State Government has not
constituted a 8[State Board for the Prevention and Control of Water Pollution] under that
Act, the State Government shall, with effect from such date as it may, by notification in
the Official Gazette, appoint, constitute a State Board for the Prevention and Control of
Air Pollution under such name as may be specified in the notification, to exercise the
powers conferred on, and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members,
namely:-
(b) such number of officials, not exceeding five, as the State Government may think fit,
to be nominated by the State Government to represent that government;
(c) such number of persons, not exceeding five, as the State Government may think fit,
to be nominated by the State Government from amongst the members of the local
authorities functioning within the State;
(d) such number of non-officials, not exceeding three, as the State Government may
think fit, to be nominated by the State Government to represent the interest of
agriculture, fishery or industry or trade or labour or any other interest, which in the
opinion of that government, ought to be represented
181
9[(f) a full-time member-secretary having such qualifications knowledge and
experience of scientific, engineering or management aspects of pollution
control as may be prescribed, to be appointed by the State Governments
Provided that the State Government shall ensure that not less than two of the
members are persons having special knowledge or practical experience in,
respect of matters relating to the improvement of the quality of air or the
prevention, control or abatement of air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with the
name specified by the State Government in the notification issued under sub-section
(1), having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire and dispose of property and to contract, and may by
the said name use or be used.
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CHAPTER III
(1) Subject to the provisions of this Act, and without prejudice to the performance, of
its functions under the Water (Prevention and Control of Pollution) Act, IL974 (6 of
1974), the main functions of the Central Board shall be to improve the quality of air
and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing functions, the
Central Board may-
(c) co-ordinate the activities of the State and resolve disputes among
them
(d) provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of air pollution
and prevention, control or abatement of air pollution;
12[(dd) perform such of the function of any State Board as may, be specified in
and order made under sub-section (2) of section 18;]
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(e) plan and organise the training of persons engaged or to be engaged in programmes
for the prevention, control or abatement of air pollution on such terms and conditions as
the Central Board may specify
(g) collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement and
prepare manuals, codes or guides relating to prevention, control or abatement of air
pollution;
(a) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it;
(b) do such other things and perform such other acts as it may think necessary for
the proper discharge of its functions and generally for the purpose of carrying into
effect the purposes Of this Act.
184
17. Functions of State Boards.
(1) subject to the provisions of this Act, and without prejudice to the performance of its
functions, if any, under the Water (Prevention and
Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be-
(a) to plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof-,
(d) to collaborate with the Central Board in organising the training of persons engaged
or to be engaged in programmes relating to prevention, control or abatement of air
pollution and to organise mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process and to give, by order, such directions to such persons as it may
consider necessary to take steps for the prevention, control or abatement of air
pollution;
(f) to inspect air pollution control areas at such intervals as it may think necessary,
assess the quality of air therein and take steps for the prevention, control or abatement
of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard to the
standards for the quality of air laid down by the Central Board, standards for emission of
air pollutants into the atmosphere from industrial plants and automobiles or for the
discharge of any air pollutant into the atmosphere from any other source whatsoever not
being a ship or an aircraft:
185
Provided that different standards for emission may be laid down under this clause for
different industrial plants having regard to the quantity and composition of emission of
air pollutants into the atmosphere from such industrial plants;
(h) to advise the State Government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;
(i) to Perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government
(j) to do such other things and to perform such other acts as it may think necessary
for the proper discharge of its functions and generally for the purpose of carrying
into effect the purposes of this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the
State Board to perform its functions under this section efficient
186
The Hazardous Wastes (Management and Handling) Rules,
1989(as amended, May, 2003)
(1) These rules may be called the Hazardous Wastes (Management and Handling)
Rules,
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Application
(a) waste water and exhaust gases as covered under the provisions of the
Water (Prevention and Control of Pollution) Act. 1974 (6 of 1974) and the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made
there under;
(b) wastes arising out of the operation from ships beyond five kilometers as
covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and
the rules made there under.
(c) radio-active wastes as covered under the provisions of the Atomic Energy
Act, 1962 (33 of 1962) and rules made thereunder.
(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and
187
Handling) Rules, 1998 made under the Act;
(e) wastes covered under the Municipal Solid Wastes (Management and Handling)
Rules, 2000 made under the Act; and 2001, made under the Act.
3. Definitions
In these rules, unless the context otherwise requires:-
(1) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(7) "Central Pollution Control Board" means the Central Board constituted
under sub- section (1) of section 3 of Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974)
(8) "dispoal" means deposit, treatment, recycling and recovery of any hazardous
wastes
188
(9) "export" means with its grammatical variations and cognate expressions,
means taking out of India to a place outside india.
(10) "exporter" means any person under the jurisdiction of the exporting
country who exports hazardous wastes and the exporting country itself, who
exports hazardous wastse to India;
(14) "hazardous waste" means any waste which by reason of any of its
physical, chemical, reactive, toxic, flammable, explosive or corrosive
characteristics causes danger or is likely to cause danger to health or
environment, whether alone or when in contact with other wastes or substances,
and shall include-
(c) wastes listed in Lists 'A' and 'B' of Schedule-3 (Part-A) applicable only in
case(s) of import or export of hazardous wastes in accordance with rules 12, 13
189
and 14 if they possess any of the hazardous characteristics listed in Part-B of
Schedule-3. Explanation: For the purposes of this clause-
(17) "import" with its grammatical variations and cognate expressions, means
bringing into India from a place outside India;
(22) "recycler" means an occupier who procures and processes wastes for
recovery;
190
(23) "recycling of waste oil" means reclamation by way of treatment to
separate solids and water from waste oils using methods such as heating,
filtering, gravity, settling, centrifuging, dehydration, viscosity and specific gravity
adjustment
(29) "storage" means storing hazardous wastes for temporary period, at the end
of which the hazardous wastes is treated and disposed off;
(31) "transport" means off-site movement of hazardous waste by air, rail, road
or water;
191
(32) "transporter" means a person engaged in the off-site transporation of
hazardous waste by air, rail, road or water
(i) derived from crude oil or mixtures containing synthetic oil including used
engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil,
heat transfer oil, transformer oil, spent oil and their tank bottom sluidges; and
(ii) suitable for re-refining if it meets the specifications laid daown in Schedule
5, but does not include waste oil;
(i) which includes spills of crude oil, emulsions, tank bottom sludge and
slop oil generated from petroleum refineries, installations or ships; and
(36) words and expressions used in these rules and not defined but
defined in the Act shall have the meanings respectively assigned to them
in the Act.'
(1) The occupier and the operator of a facility shall be responsible for proper
collection, reception, treatment, storage and disposal of hazardous wastes listed
in Schedule 1, 2 and 3.
(2) The occupier or any other person acting on his behalf who intends to get his
hazardous waste treated by the operator of a facility under sub-rule(1), shall give,
192
to the operator of a facility, such information as may be specified by the State
Pollution Control Board
(3) It shall be the responsibility of the occupeir and the operator of a facility, to
take all steps to ensure that the wastes listed in schedules-1, 2 and 3 are properly
handled, and
It shall be the duty of the occupier and the operator of a facility to take
adequate stpes while handling hazardous waste to-
(i) Contain contaminants and prevent accidents and limit their consequences on
human and the environment; and
(ii) provide persons working on the site with information, training and
equipment necessary to ensure their safety.
193
shall become a member of this facility and send his waste to this facility to
ensure proper treatment and disposal of hazardous wastes generated failing
which the authorization granted to the said occupier or recycler in accordance
(3) Any person who intends to be an operator of a facility for the collection,
reception, treatment, transport, storage and disposal of hazardous wastes, shall
make an application in Form 1 to the Member Secretary, State Pollution Control
Board or Committee for the grant of authorization for all or any of the above
activities specified in this rule.
(4) The Member Secretary, State Pollution Control Board or any officer designated
by the Board or Committee shall not issue an authorisation unless he is satisfied
that the operator of a facility or an occupier, as the case may be, possesses
appropriate facilities, technical capabilities and equipment to handle hazardous
wastes safely.
(4A) The authorisation application complete in all respect shall be processed by the
State Pollution Control Boards within ninety days of the receipt of such application.
(5) The authorisation to operate a facility shall be issued in Form 2 and shall be
subject to conditions laid down therein.
(7) The Member Secretary, State Pollution Control Board or any officer
designated by the Board or Committee, may, after giving reasonable opportunity
of being heard to the applicant refuse to grant any, authorisation
194
(8) The Member Secretary, State Pollution Control Board or any officer designated
by the Board shall renew the authorisation granted under sub-rule (6), after
examining each case on merit, subject to the following-
(ii) on steps taken, by the applicant whereever feasible, for reduction and
prevention in the waste generated or recycling or reuse;
(9) Ever State Pollution control Board or Committee shall maintain a register
containing particulars of the condiditons imposed under these rules for any
disposal of hazardous wastes, on any land or premises and it shall be open for
inspection during office hours to any person interested or affected or a person
authorized by him in this behalf. The entries in the register shall be conclusive
proof of grant of authorisation for management and handling of hazardous
wastes on such land or premises and the conditions subject to which it was
granted.
195
suspended or cancelled for the safe storage of the hazardous wastes, and such
person shall comply with such directions.7. Packaging, labelling and
transport of hazardous wastes
(1) The occupier or operator of a facility shall ensure that the hazardous wastes
are packages, based on the composition in a manner suitable for handling,
storage and transport and the labelling and packaging shall be easily visible and
be able to withstand physical conditions and climatic factors.
(3) All hazardous waste containers shall be provided with a general label as given
in Form 8.
(4) The occupier shall prepare six copies of the manifest in Form 9 comprising of
colour code indicated below (all six copies to be signed by the transporter):
colour code
Purpose
196
Copy 2 (Yellow) to be retained by the occupier after taking signature on it
from the transporter and rest of the four copies to be
carried by the transporter
signature
(5) The occupier shall forward copy number 1 (white) to the State Pollution
Control Board or Committee and in case the hazardous waste is likely to be
transported through any transit State, the occupier shall prepare an additional
copy each for such State and forward the same to the concerned State Pollution
Control Board or Committee before the hands over the hazardous waste to the
transporter. No transporter shall accept hazardous wastes from an occupier for
transport unless it is accompanied by copy
(7) the occupier shall provide the transporter with relevant information in
Form 10, regarding the hazardous nature of the wastes and measures to be
taken in case of an emergency.
8. Disposal Site
(4) The State Pollution Control Board or Committee shall on being satisfied with
the EIA report, cause a public notice for conducting a public hearing as per the
procedure contained in the Environmental Impact Assessment Notification, 1994
published vide S.O. 60(E) dated 27th January, 1994 as amended from time to
time.
(5) The State Pollution Control Board or Committee shall forward to the State
Government or Union territory Administrator, as the case may be, the project
198
report including EIA report and details of public hearing alonwith its
recommendations within a period of 30 days from the last date of public hearing
199
(6) The State Government shall complete the assessment within a period of thirty
days from the date of receipt of the documents mentioned in sub-rule (5) and
convey the decision of its approval of site(s) or otherwise within 30 days thereafter
to the concerned operator of the facility, occupier or any association of occupiers.
(7)After approval of the site or sites, the State Government shall acquire the site or
inform the occupiers to acquire the site(s) for settling up the facility for treatment,
storage and disposal of hazardous wastes. The State Government shall
simultaneously notify such site(s). The State Government shall also compile and
publish periodically an inventory of
(8) Setting up of an on-site facility for treatment, storage and disposal of hazardous
wastes for captive use shall be govenred by the authorisation procedure laid down
in rule 5.
(2) The occupier, any association or operator, shall before setting up a disposal
facility get the design and the layout of the facility approved by the State
Pollution Control Board.
(3) The State Pollution control Board shall monitor the setting up and operation
of a facility regularly.
(2) The occupier or the operator shall ensure that the closure of the landfill is as
per the desgn approved under Rule 8A by the State Pollution Control Board
200
9. Records and returns
(1) The occupier generating hazardous waste and operator of a facility for
collection, reception, treatment, transport, storage and disposal of hazardous
waste shall maintain records of such operations in Form 3.
(3) The State Pollution Control Board or Committee shall prepare an inventory of
hazardous wastes, as early as possible as per Form 4, within its jurisdiction and
compile other related information like treatment and disposal of hazardous
wastes based on the returns filed by respective occupier and operator of facility
as per sub-rule(2).
11. Import and Export of Hazardous Wastes for dumping and disposal
(1) Import of hazardous wastes from any country to India and export of
hazardous wastes from India to any country for dumping or disposal shall not be
permitted.
(2) The exporting country or the exporter or the exporter as the case may be of
hazardous wastes shall communicate in Form 6 to the Central Government (the
Ministry of Environment & Forests) of the proposed trans-boundary movement of
hazardous wastes.
(3) The Central Government shall, after examining the communication received
under sub-rule (2) and on being satisfied that the import of such hazardous
wastes is to be used for processing or reuse as raw material grant permission for
the import of such wastes subject to such conditions as the Central Government
may specify in this behalf and if, however the Central Government is not satisfied
with the communication received under sub-rule (2), may refuse permission to
import such hazardous wastes.
201
(4) Any importer importing hazardous waste shall provide necessary
information as to the type of hazardous wastes he is to import, in Form 6, to
the concerned State Pollution Control Board or Committee/the Central Pollution
Control Board in the case of Union
(5) The State Pollution Control Board or Committee shall examine the
information received under the sub-rule (4) and issue instruction to the
importers as its considers necessary.
(6) The Central Government or the State Pollution Control Board or Committee,
as the case may be, shall inform the concerned Port Authority to take
appropriate steps regarding the safe handling of the hazardous wastes at the
time of off-loading the same.
(7) Any person importing hazardous wastes shall maintain the records of the
hazardous wastes imprted as specified in Form 7 and the records so maintained
shall be open for inspection by the State Pollution Control Board or
Committee/the Ministry of Environment and Forests/the Central Polltion Control
Board in the case of Union Territories or an officer appointed by them in this
behalf.
12. Import and Export of Hazardous Wastes for recycling and reuse
(2) The Ministry of Environment and forests shall be the Nodal Ministry to deal
with the trans-boundary movement of hazardous wastes and to grant permission
of transit of hazardous wastes through any part of India.
202
(3) Import and export of hazardous wastes shall be permitted only as raw
materials for recycling or reuse. (Schedule 3, 4).
(6) Any occupier importing or exporting hazardous wastes shall comply with the
articles of the Basel Convention to which the Central Government is a signatory.
(1) Every occupier seeking to import hazardous wastes shall apply to the State
Pollution Control Board or Committee at least 120 days in advance of the
intended date of commencement of the shipment in Form 6;
(2) The State Pollution Control Board shall examine the application received
from the occupier within thirty days and forward the application with
recommendation and requisite stipulations for safe transport, storage and
processing, to the Ministry of Environment and Forests;
(3) The Ministry of Environment and Forests, Government of India will examine
the application received from the State Pollution Control Board and after satisfying
itself will grant permission for imports subject to the following:
(5) An application for licence to the directorate General of Foreign Trade for
import shall be accompanied with the permission granted by the Ministry of
Environment & Forests, Government of India under sub-rule (3) to the importer
and an authenticated copy of Form 7 of the Exporter under sub-rule (3) of rule
14;
(6) The Port and Custom authorities shall ensure that the shipping document is
accompanied with an authenticated copy of Form 7 and the test report from an
accredited laboratory of analysis of the hazardous waste shipped;
(7) The occupier having valid permission to import shall inform the State and
Central Pollution Control Board and the Port authorities of the arrival of the
consignment of hazardous wastes ten days in advance;
(8) The occupier importing hazardous waste shall maintain the records of
hazardas wastes imports as specified in Form 6A and the record so maintained
shall be available for inspection;
(9) An occupier importing hazardous wastes listed under an Open General Licence
of the Directoral General of Foreign Trade shall register himself with the Ministry
of Environment and Forests or any other authority or agency such as the Central
Pollution Control Board designed by it in accordance with the procedure laid down
under rule 19.
(1) The exporting country or the exporter as the case may be of hazardous
waste shall apply ninety days in advance in Form 7 to the Ministry of
Environment and Forests, Government of India, seeking permission for the
proposed export and transboundarymovement;
204
(2) The Ministry of Environment and Forests, Government of India, on receipt
of such Form 7 from an exporter or an exporting country shall examine the
case on merit and grant or refuse permission for export to India;
(3) The Ministry of Environment and Forests, shall communicate the grant of
permission by authentication on Form 7 to the exporter and the exporting country
and endorse a copy of the same to the Central Pollution Control Board and the
State Pollution Control Board.
(4) The exporter shall ensure that no consignment is shipped prior to the
requisite authentication being received. The exporter shall also ensure that the
shipping document is accompanied with Form 7A, an authenticated copy of Form
7 and an authenticated copy of the test report from an accredited laboratory of
analysis of the hazardous waste.
(5) The occupier, exporting hazardous waste to any other country shall seek
permission from the competent authority of that country prior to any shipment.
(6) Every occupier exporting hazardous waste shall inform the Central Government
of the permission sought for exporting, permission granted for export and details
of the export in Form 7.
considered illegal:
or
(iii) it does not conform to the shipping details provided in the document;
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(2) In case of illegal movement, the hazardous wastes in question;
(i) shall be shipped back within thirty days either to the exporter or to the
exporting country;
or
(ii) shall be disposed of within thirty days from the date of off-loading subject to
inability to comply with sub-rule 2(i) above in accordance with the procedures laid
down by the State Pollution Control Board or Committee in constitution with
Central Pollution Control Board.
(4) The exporter shall bear the costs incurred for the disposal of such wastes
(1) The occupier, transporter and operator of a facility shall be liable for damages
caused to the environment resulting due to improper handling and disposal of
hazardous waste listed in Schedule 1, 2 and 3;
(2) The occupier and operator of a facility shall also be liable to reinstate or
restore damaged or destroyed elements of the environment at his cost, failing
which the occupier or the operator of a facility, as the case may be, sahll be liable
to pay the entire cost of remediation or restoration and pay in advance an amount
equal to the cost estimated by the State Pollution Control Board or Committee.
Thereafter the Board or Committee shall plan an cause to be executed the
programme for remediation or restoration. The advance paid to State Pollution
Control Board or Committee towards the cost of remediation or
206
Restoration shall be adjusted once the actual cost of remediation or restoration is
finally determined and the remaining amount, if any, shall be recovered from the
occupier or the operator of the facility.
(3) The occupier and operator of a facility shall be liable to pay a fine as levied by
the State Pollution Control Board with the approval of the Central Pollution Control
Board for any violation of the provisions under these rules.
(a) On the date of coming into operation of these rules, an occupier handling
hazardous wastes who is required to comply with the provisions of these rules, it
will be sufficient compliance if the occupier and the authorities do so within three
months after the date of coming into force of these rules;
(b) State Pollution Control Board and Pollution Control Committee are
required to oversee the compliance.
18. Appeal
(1) An appeal shall lie, against any order of grant or refusal of an authorisation by
the Member Secretary, State Pollution Control Board or any officer designated by
the Board or the Secretary, Department of Environment of the State Government
by whatever name called.
(2) Ever appeal shall be in writing and shall be accompanied by a copy of the
order appealed against and shall be presented within thirty days of the
receipt of the order passed.
(3) Ever appeal filed under this rule shall be disposed of within a period of
sixty days from the date of such filing.
19. Procedure for registration and renewal of registration of recyclers
and refiners.
Provided further that no person who has registered with the Ministry of
Environment & Forests before the commencement of the Hazardous Wastes
(Management and Handling) Amendment rules, 2003, shall, unless such
registration is cancelled or ceases to operate under sub-rule (3) of rule 21, be
required to register under this sub-rule as given in the certificate of registraion.
(2) Every application for registration under this rule shall be made in Form 11
along with a copy of each of the following doucments to the Central Pollution
Control Board for the grant of such registration or renewal:-
(a) letter of consent granted under the Water (Prevention and Control of Pollution)
Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981
(3) If the Central Pollution Control Board is satisfied that the recyclers or re-
refiner possess requisite facilities, technical capabilities, and equipment to
recycle or re-refine the wastes and dispose of the hazardous wastes generated,
it shall grant a certificate of registration to such recycler or re-refiner, as the
case may be.
(4) The Central Pollution Control Board shall dispose of the application for
registration within 120 days of receipt of such application with complete details.
(5) The certificate of registration granted under sub-rule(3) shall be valid for a
period of two years from the date of its issue unless suspended or cancelled
earlier.
(7) The Central Pollution Control Board may, after giving reasonable opportunity
to the applicant of being heard, by order, refuse to grant certificate of
registration of renewal.
(8) The Central Pollution Control Board may cancel or suspend a registration or
renewal granted under these rules, if in its opinion the registered recycler has
failed to comply with any of the conditions of registration, or with any provisions
of the act or rules made there under after giving him an opportunity of being
heard and after recording the reasons therefore
(9) An appeal against any order of suspension or cancellation or refusal of
registration or renewal passed by Central Pollution Control Board shall lie with
the Secretary, Ministry of Environment and Forests (hereafter referred to as the
appellate authority).
(10) The memorandum of appeal under sub-rule (9) shall be in writing and shall
be accompanied with a copy of the order appealed against and shall be presented
within 30 days of passing of the order
(12) In case of units registered with the Ministry of Environment and Forests or
the Central Pollution Control Board for items placed under "free category" in
Notification nos. 22(RE-99), 1997-2002 dated 30th July, 1999; 26 (RE-99) 1997-
2002 dated 10th September, 1999; 38(RE-2000) 1997-2002 dated 16th October,
2000 and 6(RE-2001) dated 31st March, 2001 issued by the Directorate General
of Foreign Trades and oterh similar notifications issued based on the advice of
Ministry of Environment and Forests, prior import permission from that Ministry
shall not be required.
(13) Recyclers and re-refiners registered with the Government of India in the
Ministry of Environment and Forests or the Central Pollution Control Board shall
maintain a record of wastes purchased, processed and sold and shall file an
annual return in Form 12 to the respective State Pollution Control Board or
Committee, as the case may be, latest by 31st January of every year.
20. Responsibility of waste generator
(2) Any waste oil which does not meet the specifications laid down in Schedule
6 shall not be auctioned or sold but shall be disposed of in hazardous wastes
incineratory installed with air pollution control devices and meeting emission
standards.
(3) The persons generating wase or auctioneers shall ensure that at the time of
auction or sale, he period of validity of the certifciate of registration of the
registered re-refiner or recycler is sufficient to reprocess the quantity of wastes
being sold or acutioned to him.
(4) The waste generators and auctioneers shall ensure that the wastes are not
allowed to be stored for more than ninety days and shall maintain a record of
auctions and sale of such wastes and make there records available to the State
Pollution Control Board or Committee for inspections.
(5) The waste generators and auctioneers shall file annual returns of auctions
and sale in Form 13 latest by 31st day of January of every year to the
respective State Pollution Control Board or Committee.
(1) Re-refiners and recyclers shall use only environmetally sound technologies
while recycling and re-refining non-ferrous metal wastes or used oil or waste oil.
In case of used oil, re-refiners using acid clay process or modified acid clay
process shall switch over within six months from the date of commencement of
the Hazardous Waste (Management and Handling) Amendements Rules, 2003 to
other environmentally sound technologies as under:
(d) Any other technology approved by the Ministry of Environment and Forests.
(2) The re-refiners and recyclers registered with the Ministry of Environment and
Forests or the Central Pollution Control Board in accordance with the procedure
laid down in rule
(4) The State Pollution Control Board or Committee shall inspect the re-refining
and recycling units withing three months of the expiry of the six months period
referred to in sub-rule(1) and submit a compliance report to the Central Pollution
Control Board which shall compile such information and furnish the same to the
Ministry of Environment and Forests on a regular basis.
(i) These rules may be called the Environment (Protection) Rules, 1986.
(ii) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(aa) "areas" means all areas where the hazardous substances are
handled
(b) "Central Board" means the Central Pollution Control Board constituted under
section 3 of the Water (Prevention and Control of Pollution) Act, 1974(6 of1974)
(f) "recipient system" means the part of the environment such as soil, water,
air or other which receives the pollutants;
214
(g) "section" means a section of the Act;
(j) "State Board" means a State Pollution Control Board constituted under section
4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a
State Pollution Control Board constituted under section 5 of the Air (Prevention
and Control of Pollution) Act, 1981 (14 of 1981);
(1) For the purpose of protecting and improving the quality of the environment
and preventing and abating environmental pollution, the standards for emission
or discharge of environmental pollutants from the industries, operations or
processes shall be as specified in 2[Schedule I to IV].
4
(3) The standards for emission or discharge of environmental pollutants
specified under sub-rule (1) or sub-rule (2) shall be complied with by an
industry, operation or process within a period of one year of being so
specified.
5
[(3A) (i) Notwithstanding anything contained in sub-rules (1) and (2), on and from
the 1st day of January, 1994, emission or discharge of environmental pollutants
from the 6[industries, operations or processes other than those industries,
operations or processes for which standards have been specified in Schedule-I]
215
shall not exceed the relevant parameters and standards specified in schedule
VI.
Provided that the State Boards may specify more stringent standards for the
relevant parameters with respect to specific industry or locations after
recording reasons therefore in writing;
(ii) The State Board shall while enforcing the standards specified in Schedule VI
follow the guidelines specified in Annexure I and II in that Schedule
216
7
[(3B)] The combined effect of emission or discharge of environmental
pollutants in an area, from industries, operations, process, automobiles and
domestic sources, shall not be permitted to exceed the relevant concentration
in ambient air as specified against each pollutant in columns (3) to (5) of
Schedule VII.]
(a) the Central Board or a State Board, depending on the local conditions or
nature of discharge of environmental pollutants, may, by order, specify a
lesser period than a period specified under sub-rule (3) within which the
compliance of standards shall be made by an industry, operation or process
8
[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or
process which has commenced production on or before 16th May, 1981 and has
shown adequate proof of at least commencement of physical work for
establishment of facilities to meet the specified standards within a time-bound
programme, to the satisfaction of the concerned State Pollution Control Board,
shall comply with such standards latest by the 31 st day of December, 1993.
217
(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry,
operation or process which has commenced production after the 16th day of
May, 1981 but before the 31st day of December 1991 and has shown adequate
proof of at least commencement of physical work for establishment of facilities to
meet the specified standards within a time-bound programme, to the
satisfaction of the concerned State Pollution Control Board, shall comply with such
standards latest by the 31st day of December, 1992.]
4. Directions
(2) The direction shall specify the nature of action to be taken and the time
within which it shall be complied with by the person, officer or the authority to
whom such direction is given.
(3) (a) The person, officer or authority to whom any direction is sought to be
issued shall be served with a copy of the proposed direction and shall be given
an opportunity of not less than fifteen days from the date of service of a notice
to file with an officer Designated in this behalf the objections, if any, to the issue
of the proposed direction.
218
Provided that no opportunity of being heard shall be given to the occupier if
he had already been heard earlier and the proposed direction referred to
in sub-rule
(3b) above for the stoppage or regulation of electricity or water or any other
service was the resultant decision of the Central Government after such earlier
hearing. 9
(4) The Central Government shall within a period of 45 days from the date of
receipt of the objections, if any or from the date up to which an opportunity is
given to the person, officer or authority to file objections whichever is earlier,
after considering the objections, if any, received from the person, officer or
authority sought to be directed and for reasons to be recorded in writing,
confirm, modify or decide not to issue the proposed direction.
(5) In case where the Central Government is of the opinion that in view of the
likelihood of a grave injury to the environment it is not expedient to provide an
opportunity to file objections against the proposed direction, it may, for reasons
to be recorded in writing, issue directions without providing such an opportunity.
(6) Every notice or direction required to be issued under this rule shall be
deemed to be duly served
219
the case may be, in-charge of the Department in which for the time being
the business relating to the Department in which the officer is employed is
transacted and is either-
(ii) if such person cannot be found, is affixed on some conspicuous part of his
last known place of residence or business or is given or tendered to some adult
member of his family or is affixed on some conspicuous part of the land or
building, if any, to which it relates, or
(a) "company" means any body corporate and includes a firm or other
association of individuals;
(1) The Central government may take into consideration the following factors
while prohibiting or restricting the location of industries and carrying on of
processes and operations in different areas-
(i) Standards for quality of environment in its various aspects laid down for an
area.
220
(ii) The maximum allowable limits of concentration of various environmental
pollutants (including noise) [or an area.
(v) The biological diversity of the area which, in the opinion of the Central
(b) Every notification under clause (a) shall give a brief description of the area,
the industries, operations, processes in that area about which such
notification pertains and also specify the reasons for the imposition of
prohibition or restrictions on the locations of the industries and carrying on of
process or operations in that area.
(c) Any person interested in filing an objection against the imposition of prohibition
or restrictions on carrying on of processes or operations as notified under clause
(a) may do so in writing to the Central Government within sixty days from the
date of publication of the notification in the Official Gazette.
(d) The Central Government shall within a period of one hundred and twenty
days from the date of publication of the notification in the Official Gazette
10
consider all the objections received against such notification and may [within
11
one hundred and [eighty] days from such day of publication] impose
prohibition or restrictions on location of such industries and the carrying on of any
process or operation in an area.
222
(i) One portion shall be handed over to the person from whom the sample
is taken under acknowledgement; and
(ii) the other portion shall be sent forthwith to the environmental laboratory or
analysis.12
7. Service of notice
The Central Government or the officer empowered shall serve on the occupier
or his agent or person in charge of the place a notice then and there in Form I
of his intention to have the sample analyzed.
(1) Sample taken for analysis shall be sent by the Central Government or the
officer empowered to the environmental laboratory by registered post or
through special messenger along with Form II.
(2) Another copy of Form II together with specimen impression of seals of the
officer empowered to take samples along with the seals/marks, if any, of the
person from whom the sample is taken shall be sent separately in a sealed
cover by registered post or through a special messenger to the environmental
laboratory.
(3) The findings shall be recorded in Form III in triplicate and signed by the
Government Analyst and sent to the officer from whom the sample is received for
analysis.
(4) On receipt of the report of the findings of the Government Analyst, the
officer shall send one copy of the report to the person from whom the sample
was taken for analysis, the second copy shall be retained by him for his record
and the third copy shall be kept by him to be produced in the Court before
which proceedings, if any, are instituted.
223
9. Functions of environmental laboratories
(a) graduate in science from a recognized university with five years experience
in laboratory engaged in environmental investigation, testing or analysis; or
(B) the Government of the State (represented by the Secretary to the State
Government in-charge of environment); and
(C) the Ministry of Environment and Forests (represented by the Secretary to the
Government of India);
(3) The notice shall be sent by registered post acknowledgement due; and
(4) The period Of sixty days mentioned in clause (b) of section 19 of the
Environment (Protection) Act, 1986 shall be reckoned from the date it is first
received by one of the authorities mentioned above.
225
(i) The officer-in-charge of emergency or disaster relief operation in a district or
other region of a state or Union territory specified by whatever designation by
the Government of the said State or Union territory, and in whose jurisdiction the
industry, process or operation is located.
(ii) Central Board or a State Board as the case may be and its regional officer
having local jurisdiction who have been delegated powers under section 20,
21,23 of the Water (Prevention and Control of Pollution) Act 1974 (6 of l974)-
and section 24 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981).(iii) The statutory authorities or agencies specified in column 3 in relation
to places mentioned in column 2 against thereof of the Schedule II.]
(1) The Central Government may take into consideration the following
factors while prohibiting or restricting the handling of hazardous
substances in different area is-
(iv) the gestation period that may be necessary for gradual introduction of
a new substitute with a view to bringing about a total prohibition of the
hazardous substance in question; and
226
(2) While prohibiting or restricting the handling of hazardous substances in an
area including their imports and exports the Central Government shall follow the
procedure hereinafter laid down-
(ii) Every notification under clause (i) shall give a brief description of the
hazardous substances and the geographical region or the area to which
such notification pertains, and also specify the reasons for the imposition of
prohibition or restriction on the handling of such hazardous substances in that
region or area.
(iv) The Central Government shall within a period of ninety days from the date of
publication of the notification in the Official Gazette consider all the objections
received against such notification and may impose prohibition or restrictions on
the handling of hazardous substances in a region or an area.]
227
(Protection) Act, 1986 (29 of 1986) shall submit an environmental audit report for
the financial year ending the 31st March in Form V to the concerned State
Pollution Control Board on or before the 17[thirtieth day of September] every year,
beginning 1993.
1 Clauses (aa), (ee) and (ff) inserted by Notification NO. G.S.R. 931(E) dated
27.10.89 published in the Gazette NO. 564 dated 27.10.89. These rules are-
referred to as Principal Rules in all Notifications beginning with S.O. 82(E)
published in the Gazette No.66 dated 16.2.87.
3 Substituted ibid.
4 The sub-rule (3) of rule 3 inserted vide S.O. 23(E) dated 16.1.91.
8 Sub-rule (6) and (7) of rule 3 were added by the Environment (Protection)
Amendment Rule, 1992 vide G.S.R. 95(E) dated 12.02.1992.
9 Sub-rule (3) of rule 4 of the Principal Rules was re-numbered as sub-rule 3(a)
and sub-rule 3(b) inserted vide Notification No. S.O.64(E) published in the Gazette
No. 42 dated 18.1.88.
228
10 Inserted by Rule 2 of the Environment (Protection) (Third Amendment) Rules,
1992 notified vide G.S.R. 562(E), dated 22.5.1992.
12 For rule 6 of the principal rules this rule was substitute vide S.O. 64(E)
published in the Gazette No. 42 dated 18.1.88.
13 Rule 12 inserted vide Notification No. S.O. 32(E) dated 16.2.87 published in the
Gazette No. 66 dated 16.2.87.
229
CHAPTER V
(ii) for the storage of petroleum as transit cargo within the limits of a
port subject to such conditions as may be specified by the Conservator.
(1) No person shall smoke in any installation, storage shed or service station
save in places specifically authorized by the licensing authority for the
purpose.
230
(4) (i) An adequate number of portable dry chemical powder or any other fire
extinguisher capable of extinguishing oil fires shall always be kept in every
storage shed and small class B or C installations at strategic point and all persons
employed at such locations shall be conversant with the use of such fire
extinguishers.
(ii) Scale of fire fighting provided in other areas of installation should be as per
the requirement given in OISD Standard -117 for all installations approved by the
Chief Controller after publication of the original standard OISD-I17. For
Installations existing prior to the publication of this standard the fire fighting
facilities shall be improved to the extent feasible (keeping this standard in mind)
and approved by the Chief Controller.
The ground in the interior of an installation or service station and the protected
areas surrounding any installation, service station or storage shed shall be kept
clean and free from all vegetation, waste material and rubbish.
120. Drainage. –
231
(1) All enclosures surrounding above ground tanks in an installation shall be
provided with proper drainage facilities in such a way that no water is allowed to
accumulate in the enclosures.
(2) No part of the enclosure referred to in sub-rule (1) shall be below the level
of the surrounding ground within the protected area.
(3) Where drainage is effected by means of a pipe, the pipe shall be fitted with
a valve which is capable of being operated from the outside of the enclosure or
with any other arrangements approved in writing by the Chief Controller.
(4) All valves and other opening for draining off water shall be kept closed
except when water is being drained off.
(5) The nature of the drainage arrangements and the position of all openings
and valves therein shall be shown in the plan submitted with the application for
a license.
(1) The protected area surrounding every installation and storage shed shall be
surrounded by a wall or fence of at least 1.8 metres in height.
(2) In case of service station 1.2 metre high boundary wall or fence on sides
other than the drive way shall be provided.
232
123. Marking of Capacity of Tanks. –
(1) Every tank or receptacle for the storage of petroleum in bulk other than a
well-head tank shall be constructed of iron or steel in accordance with the codes
or specification approved by the Indian Standards Institution or any other code
or specifications approved in writing by the Chief Controller. Provided that if the
properties of petroleum to be stored so required or for any
(3) The height of a storage tank shall not exceed one and a half times its
diameter or twenty metres, whichever is less.
Explanation :– For the purpose of this sub-rule, the height of a tank shall be the
height from its
(4) An air space of not less than five percent of the total capacity of the tank or
the space prescribed in the code or specification referred to in sub-rule (1),
whichever is less, shall be kept in each tank.
233
125. Protection against corrosion. –
All tanks or other receptacles for the storage of petroleum in bulk, other than
well-head tanks installed on the ground or below the ground, shall be
protected against corrosion by the use of protective coatings or cathodic
protection or by any other means approved by the licensing authority.
(1) Storage tanks or other receptacles for the storage of petroleum-in bulk,
other than well-head tanks, after being installed and secured in the final
position or after undergoing re-installation or any major repair, shall, before
being put into use, be tested by water pressure by a competent person.
(2) The water used for testing shall be free from petroleum and shall not be
passed through any pipe or pump ordinarily used for the conveyance of
petroleum: Provided that where the licensing authority is satisfied that it is not
reasonably possible to convey water by pipes or pumps other than those
ordinarily used for conveyance of petroleum, he may permit use of a petroleum
pipe or pump for the conveyance of water subject to such conditions as he may
impose.
(3) The competent person carrying out the test as required under sub-rules (1)
shall issue a certificate in the proforma given below; the certificate so issued shall
be submitted to the licensing authority along with the application for the grant or
amendment of a licence, or, in the case of any major repair, after each repair.
234
Proforma of Certificate of Tank
Testing
[See Rule
126]
……………… (Name of place, police station, District State) covered by licnece No.
235
127. Earthling of tank. –
(1) Every tank or other receptacle for the storage of Petroleum in bulk, other than
a well head
tank or tanks of less than 50,000 litres capacity containing petroleum Class C
shall be electrically connected with the earth in an efficient manner by not less
than two separate and distinct connections placed at the opposite extremities of
such tank or receptacle. The roof and all metal connections of such tank or
receptacle shall be in efficient electrical contact with the body of such tank or
receptacle.
(2) The connections and contacts required under sub-rule (1) shall have a few
joints as possible. All joints shall be riveted, welded or bolted and also soldered
to ensure both mechanical and electrical soundness.
(3) The resistance to earth shall not exceed 7 ohms and the resistance to any
part of the fitting to the earth plate or to any other part of fitting shall not
exceed 2 ohms.
(1) The connections and contacts of the tank or receptacle required under rule
127 shall be inspected and tested by a competent person at least once in every
twelve months by means of a direct reading instrument, such as a Megar.
(3) A record of such inspections and tests shall be maintained by the licensee
in the licensed premises and shall be produced on demand by any inspector.
236
129. Night working. –
(1) A certificate of safety in the proforma given below this rule and signed by a
competent person shall be furnished to the licensing authority before any
petroleum is stored in an installation or a service station for the first time or
whenever any additions or alterations to the enclosure walls and embankments
are carried out or when any tank is installed or its position shifted.
237
Proforma of Certificate of Safety
[See Rule
130]
238
.
(A) Tanks :-
(b) whether enclosure walls provided –if so, nature of enclosure walls its
capacity, provision of drain pipe and valve
(D) Pipelines :-
239
(ii) Test pressure of pipeline ……………..
kg/cm2 (Tested by ………………………..on
………………….)
(iv) Switches
(vi) Others
4.
Remarks :
Place :
(ii) The Chief Controller may after giving an opportunity to such person to be
heard revoke the recognition-
(a) if he has reason to believe that such person has violated any condition
stipulated in the letter of recognition or has not carried out a test, examination
and inspection or has acted, in a manner inconsistent with the intent for the
purpose of these rules: or
(1) Every person desiring to obtain a licence to import and store petroleum in
Form XIV, Form XV, Form XVI or in Special Form, as the case may be, shall
submit to the licensing authority an application along with.-
(i) the manner in which the provisions prescribed in these rules will be complied
with;
(iv) The position, capacity, materials of construction and ground and elevation
view of all storage tanks, enclosures around tanks, all valves, filling and discharge
points, vent pipes, dip pipes,
storage and filling sheds, pumps, fire-fighting and all other building and facilities
forming part
(v) The areas reserved for different class of petroleum including petroleum
exempted under section 11 of the Act; and
(b) a scrutiny fee of rupees four hundred paid in the manner specified in rule 13.
(2) If the Chief Controller, after scrutiny of the specification and plans and after
making such enquiries as he deems fit, is satisfied that petroleum may be stored
in the premises proposed to be licensed, he shall return to the applicant one copy
each of the specifications and plans signed by him conveying his sanction subject
to such conditions as he may specify.
132. Pumping. –
Every installation, storage shed or service station under these rules shall
have prominently marked thereon the number of the licence held for it.
242
134. Posting up of rules and conditions .
-An extract of rules 3 to 12, 102 to 115, 116 to 134 and rules 146 to 148 and
152 to 160 and of the conditions of the licence shall be exhibited in a
conspicuous place in every licensed installation, service station or storage shed.
Nothing in rules 116, 121, 122, 125, 126, 127, 128, 130, 131, 133 and 134
shall apply to petroleum in the possession of the Defence Forces of the
Union.
243
4.METHODOLOGY
Stage 1 –
Preparation of CAC covering all relevant laws applicable to the target unit
Stage 2 –
Intimation of Audit dates and Visit to location Deciding date of audit and intimating
to the unit allowing them to prepare for the audit.
Forwarding to the unit list of documents required for audit
Verification of relevant records and documents available.
Compilation of draft report based upon findings and observations of the audit team
Review meeting with the unit head / work directors to discussion on the finding of
audit
Stage 3
244
CHAPTER -5
245
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Doc. No. : EP/OP -
4.3.2 a
Issue / Rev. No : A / 05
Legal & Other Requirement Register
Date :
22.11.2016
S
Applicable/
l Regulating Requirement Specification Responsi
Not Frequency Audited on Complied (Y/N)
. Body Aspect Limits bility
Act/Rule & Forms Activity Applicable
N
o
Directorate of
Factories Act 1948 & Industrial Safety Applicable ---- ---- Yearly HOD - HR 22.11.16 Y
Renewal of
Rule 7 of TN Factories and Health
factory license
Rules 1950.
246
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
2
Directorate of HOD -
External Visual
Factories Act 1948 & Industrial Safety Applicable 6 months HR/ 22.11.16 Y
Inspection of Inspection Checking
Rule 56 of TN Factories and Health ENGG
pressure vessel
Rules 1950.
2a
1.25 Times of
Directorate of Design HOD –
Pressure
Factories Act 1948 Rule Industrial Safety Applicable Pressure (or) 2 years HR/ 22.11.16 Y
56 & Factories Rules Hydrostatic Test Test
and Health ENGG
1950 1.15 Times of
Working
Pressure
2b Thickness
Directorate of HOD –
refer to the
Factories Act 1948 Rule Vessel Industrial Safety Applicable Ultrasonic 4 years HR/ 22.11.16 Y
56 & Factories Rules Thickness previous
and Health ENGG
1950 (Ultrasonic) Readings
3 Visual
execution As per
Directorate of HOD –
safe working Manufacturers
Factories Act 1948 & Testing of Industrial Safety Applicable 1 year HR/ 23.11.16 Y
Rule 55 and 55 a of TN Lifting Machine load recommendati
and Health ENGG
Factories Rules 1950. & Tackles functional on for SWL
check
247
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
4
Directorate of Visual and HOD –
Stability as
Factories Act 1948 & Industrial Safety Applicable Functional 6 months HR/ 23.11.16 Y
Testing of per
Rule 61 A of TN and Health Test ENGG
Safety Belts Manufacture
Factories Rules 1950.
Specification
5
Not less than
Directorate of
Lux level 65luxat
Industrial Safety Applicable 6 months MR 24.11.16 Y
Lightning of survey 91.4cm above
Factory Act 1948 & Rule Internal parts and Health
30 Schedule XXVIII of floor
TN Factory rules 1950
6
Register of Directorate of
accidents & Death/Bodily Maintain the
Factories Act 1948 & Industrial Safety Applicable ---- HR 24.11.16 Y
Dangerous Injured Register
Rule 104 of TN and Health
occurrences –
Factories Rule 1950.
Form 26 & 26 A
Register
7
Directorate of HOD -
Factories Act 1948 & All Dust
Testing of Dust Industrial Safety Applicable ---- 6 months HR/ 24.11.16 Y
Rule 95, Schedule V - 7 collections
collection and Health ENGG
of TN Factories Rules
equipments
1950.
8
Directorate of Stability and HOD -
Certification
Factories Act 1948 & Industrial Safety Applicable Visual 3 years HR/ 23.11.16 Y
Inspection of for Stability
Rule 12 B of TN and Health Inspection ENGG
buildings of all
Factories Rules 1950.
Buildings
248
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
9
HOD –
TAMILNADU Fire & DFO Applicable Refilling of ----- Yearly 23.11.16 Y
Approval HR
Rescue Service Act Fire Fighting
&Testing
1985 & Rule 1990 equipments
10
All Weighing
Verification to
Weights & Inspector of HOD –
Applicable Machines manufacture 1 year 23.11.16 Y
Measurement Act 1976 Stamping / Labour Moulds
& Enforcement Act certification and specifications
1985 Rule 24 Measuring
equipments
11
12 For any
IF, BDO, expansion and HOD –
Plans &
Factories Act 1948 & HNTDA, DHO, Applicable new One Time HR/ENG 24.11.16 Y
Approvals of License
Rule 3 and 12B of TN DFO Building/Land G
plans
Factories Rule 1950. approval
249
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
13 For the
employees
Medical Officer Fitness Once in HOD –
Factories Act 1948 & Applicable working in 24.11.16 Y
Medical DCF Certification Six Month HR
Rule 67 A of TN Canteen
Examinations
Factories Rule 1950. area
14 For Walls,
Roofs,
For all the
Directorate of Ceilings, HOD –
building in the
Factories Act 1948 & Painting of the Industrial Safety Applicable Rest Room, 5 years HR/ 25.11.16 Y
Rule 16 and 47 of TN Factory factory
and Health Canteen, ENGG
Factories Rule 1950. /Certification premises
Toilets/Urina
ls
16
For Rotating
Directorate of
Factories Act 1948 & Spindle Providing HOD –
Industrial Safety Applicable ---- 25.11.16 Y
Rule 53 Schedule III, Provision of Pulley, Safety guards ENGG
(12) of TN Factories safety guards and Health
Shafts etc for the
Rule 1950. equipments
17
Directorate of Cautionary
Factories Act 1948 & Display of Industrial Safety Applicable and ---- All HOD’s 26.11.16 Y
Chemical
Rule 95 Part II, 4 of TN cautionary and Health Instruction
handling and
Factories Rule 1950. instruction Display –
Processing
250
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
MSDS/WI area
18
Directorate of
List of Fire HOD –
Factories Act 1948 & Instruction and Industrial Safety Applicable 1 Year 26.11.16 Y
Rule 61 (12C) of TN list of emergency Emergency HR
and Health
Factories Rule 1950. emergency
19
With in 48 Hrs
Directorate of of the Injury
Death/Bodily HOD –
Factories Act 1948 & Intimation to IF Industrial Safety Applicable ---- 25.11.16 Y
Rule 96 of TN Factories for accidents Injured HR
and Health not turned to
Rule 1950. Form - 18 work
20 Suitable
Directorate of
Protection of goggles for HOD –
Inspector of Factories Industrial Safety Applicable ---- 25.11.16 Y
Provision of eyes various HR
Act 1948 & Rule 58 of and Health
Goggles application
TN Factories rule 1950.
21 Max 8 hrs – 90
dba
Factories Act 1948 &
6 hrs – 92 dba
Rule 95, Schedule Permissible Directorate of Monthly
XXVIII, 3, Tamilnadu limits of HOD –
factories Rules 1950. Industrial Safety Applicable 4 hrs – 95 dba 28.11.16 Y
Exposure in ENGG
case of and Health
continuous 3 hrs – 97 dba
Noise Levels
monitoring (Regulation Noise
and control) 2 hrs – 100
dba
251
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
1 hrs – 105
dba
¾ hrs – 107
dba
½ hrs – 110
dba
¼ hrs – 115
dba
22 Capacity of
the
All electrical
Electricity Supply Act EIECTRICITY HOD –
Applicable Installations equipments 1 year 28.11.16 Y
1948 & Supply Rules Safety BOARD Electrical
1956 – Rules 46 Inspection in the Plant and adequacy
Electricity Act 2003 of Supply
System
23 New
electrical
Electricity Supply Act, HOD –
CEIG/EI/SEI/SE and Drawing
1910,1948 & Supply Electrical
Rules 1956 Rule 63, Applicable Modification, Approvals One time 28.11.16 Y
Safety
Electricity Act 2003 Inspection /TNEB Alteration in Inspection
Electrical
Installation
25 Stop Using of
HOD –
The recycled plastics Stop using carry bags
TNPCB Applicable ---- ---- COMMER 26.11.16 Y
manufacture and usage plastic carry less than 40
bags less than CIAL
rules 1999 and micron
(Amendment 2003) and 40 microns
252
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Plastic (Manufacture, Stop using of
Usage and waste Recycled
management) Rules, Plastics for
2009.Dt.18.09.2009
Packaging of
food stuff
26 As and
The batteries when old
(Management and batteries is
Handling) Rules 2000 send to the HOD –
and Amendment 2001 To be sent to COMMER
original
and Batteries the original suppliers CIAL/ELE
(Management and TNPCB Applicable ---- 26.11.16 Y
Disposal of suppliers / CTRICAL
Handling) Amendment
used Batteries Dealers
Rules
2010.(Dt.04.05.2010)The
batteries (Management
and Handling) Rules
2000 and Amendment
2001
27
ENVIRONMENT
(Protection)Act Stack HOD –
Emissions TNPCB Applicable 1.12.16 Y
&rules1986 IInd SPM,.SOX,N ENGG
Not Defined Yearly
Amendment Rules 1999 OX & CO
3rdAmendment Rules
2002
28
ENVIRONMENT 100
TNPCB
Ambient Air
Applicable PM10 microgram / Yearly 1.12.16 Y
(Protection) Act & quality (24 hrs
Monitory) in out m3 For 24 hrs
Rules 1986
side area
Second Amendment
253
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Rules 1999
Third Amendment
Rules 2002
HOD –
And Sub-section(2) (h) ENGG
of section 16 of the
Air(Prevention and
control of Pollution),
Act 1981 (ActNo.14 of
1981), and in
supersession of the
notification
No(s).S.O.384(E),dated
11th April, 1994 and
S.O.935(E) dated 14th
ENVIRONMENT
254
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
60 microgram/
PM25 1.12.16 Y
m3 For 24 hrs
80 microgram
SOx 1.12.16 Y
/m3 For 24hrs
80 microgram
Nox / m3 For 24 1.12.16 Y
hrs
400 micro
Ammonia gram/ m3 for 1.12.16 Y
24 hours
05 micro
Benzene gram/ m3 – 1.12.16 Y
Annual
255
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
02 mg/m3 for 8
CO 1.12.16 Y
hour
06 ng/ m3
Arsenic 1.12.16 Y
Annual
20 ng/ m3
Nickel 1.12.16 Y
Annual
Benzo(o)Pyr 01 ng/ m3
1.12.16 Y
ene Annual
100 micro
Ozone gram/ m3 –8 1.12.16 Y
hrs
1.0
Lead(Pb) microgram/m3 1.12.16 Y
For 24 hours
256
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
29
The Noise & Emissions
limits for Diesel 6 AM.-10 PM.
Pollution (Regulation
and control rules 2000, 75 db HOD –
Noise level Yearly
Amendment rules 2002 ENGG
TNPCB Applicable for Total 26.11.16 Y
Amendment MOEF Testing of Noise 10 PM – 6 AM
Rule 1st July 2003 And level Industries
– 70 db
the noise pollution
(Regulation and
control) Amendment
Rules, 2010.
Dt.11.01.2010
30
Environment
(Protection) Act &
Rules, 1986
Second Amendment
Rules 1999 HOD –
TNPCB Applicable Ph 5.5 – 9.0 Monthly 26.11.16 Y
Treated Trade ENGG
Effluent Testing
Third Amendment
Rules 2002
257
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Chlorides as
1000 mg / l 26.11.16 Y
Cl
Sulphates as
1000 mg / l 26.11.16 Y
SO4
BOD (5 days
30 mg / l 1.12.16 Y
at 20ọC )
Oil and
10 mg / l 1.12.16 Y
Grease
258
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
31
Environment
(Protection) Act &
Rules, 1986
TSS 30 mg / l 1.12.16 Y
Chlorides as
1000 mg / l 1.12.16 Y
Cl
259
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Sulphates as
1000 mg / l 1.12.16 Y
SO4
BOD (5 days
20 mg / l 1.12.16 Y
at 20ọC )
Oil and
10 mg / l 1.12.16 Y
Grease
32 Water
Water (Prevention and Consumptio
HOD –
Control of Pollution) TNPCB Applicable n Data ----- Monthly 1.12.16 Y
Monthly Return ENGG
CESS Act, 1977 CESS
(Form 1)
Rules, 1978 CESS
(Amendment) Act 2003
33 Annual Cess
Fee for
Water (Prevention and HOD –
Consumptio
Control of Pollution) TNPCB Applicable ----- Yearly 02.12.16 Y
Annual CESS n of water ENGG
CESS Act, 1977 CESS
Fees
Rules, 1978 CESS
(Amendment) Act 2003
260
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
34 Details on
Yearly
Annual Return the Effluent
Environmental (on or
in Form V – , Emissions HOD –
Statement Returns – TNPCB Applicable ----- before 30th 02.12.16 Y
Audit report and related ENGG
Form V of Rule 14 of September
financial year Environment
the Environmental )
ending 31st al details
(Protection) Rules 1986
March
35
As and
Water Prevention & Trade
when HOD -
Control of pollution act TNPCB Applicable Effluent and ----- 02.12.16 Y
Consent for expansion ENGG
1974 as amended in Sewage
water happens
1978 and 1988 section
25 & 26
36
Water Prevention & Trade
HOD –
Control of pollution act Renewal of TNPCB Applicable Effluent and ----- 02.12.16 Y
1974 as amended in consent for ENGG
Sewage Yearly
1978 and 1988 section water and fee
25 & 26
37 As and
Air (Prevention & when HOD –
TNPCB Applicable Emissions 02.12.16 Y
Control of pollution) expansion ENGG
Consent for air ----
Act 1981 as amended happens
in 1987 section 21
38
Air (Prevention & HOD –
Renewal of TNPCB Applicable Emissions ----- Yearly 02.12.16 Y
Control of pollution) ENGG
consent for air
Act 1981 as amended
and fee
in 1987 section 21
261
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
39
Collection / Spent
The Hazardous waste Storage Lubricating ETP – 6 When ever
HOD –
(management & TNPCB Applicable & system Oil Tons/Year collection 02.12.16 Y
handling & ENGG
Form 3 – & ETP & storage
Transboundary Maintaining Sludge Spent oil – 3
Movement) Rules 2009 records of Haz. KL/Year
waste
Disposal of
Hazardous
waste Spent
Lubricating
During HOD –
Form 11 – TREM TNPCB Applicable & system Oil 02.12.16 Y
Card Disposal ENGG
& ETP
Sludge
Form 12 –
Marking of Haz.
Waste container
Form 13 – Haz.
Waste mainfest
Yearly
HOD –
Records & TNPCB Applicable 30th of 02.12.16 Y
returns – Form 4 ENGG
June
Annual returns
262
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
42
1. Collection
and disposal of
Bio Medical
waste from
company first
aid centre.
Bio Medical
The Bio-Medical Waste TNPCB Applicable ----- Daily HOD-HR 03.12.16 Y
(Management and waste
2. Under Rule 8,
Handling) Rules, 1998 Sec 1, Occupier
of clinics
treating less
than 1000
patients / month
need not take
authorization.
59
HSD / FO
Once in HOD –
Petroleum act 1934 JCC Explosives Applicable ---- 03.12.16 Y
HSD / FO Two Years ENGG
Storage Storage
Petroleum Rules 2002
60
263
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
61
Supreme Court
monitoring committee Environmental
direction No. information HOD –
2100/1995/SC/PILC/ dt. TNPCB Applicable ----- ----- ----- 03.12.16 Y
ENGG
28.10.03 Display shall be
erected at the
Lr.No.DEE/HSR/FHZWM main gate
/TSDF/2004/dt. 14.05.04
68
Directorate of Storage and
Storage and Industrial Safety Applicable consumptio Yearly HOD-HR 03.12.16 Y
Arms and Ammunition consumption of and Health n of Sulfur
Act, Category VI of sulphur
Ammunition Rules
69 Ref
70 Fire
Extinguisher
Static and Mobile Once in 3 HOD –
_ Applicable s 03.12.16 Y
Pressure Vessels Years HR
Certification Hydrostatic
(Unfired) Rules, 1981.
Amendment 2002 Test
264
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
74
Solvent Raffinate and Dy.
Commissioner
Slop(Acquisition, Sale, One Year &
Furnace oil
Storage of Civil Supply & Applicable Thereafter 05.12.16 Y
Storage & Prevention Solvent for Fuel & LDO
Consumer 2 Years
Purpose Protection
Of use in Automobiles) Chennai
2000
75
WHENEVE
Gas Cylinder Rules
R ENTRY
1981,
Directorate of OF
But storing
9. Labeling of cylinders Industrial Safety Applicable CYLINDER HOD-HR 05.12.16 Y
>100kgs
and Health VEREIFICA
18. Handling and use TION WILL
BE DONE
20. Storage of cylinders
76
Directorate of
The Factories Act 1948 Examination & One time HOD -
Industrial Safety Applicable 05.12.16 Y
& T.N Factories Rule testing of Power testing ENGG
1950 under Rule 53 Presses & and Health
Schedule VIII, safety Devices
77
Road signs,
Directorate of
speed limit , HOD –
Industrial Safety Applicable - - 05.12.16 Y
Fixing of sign convex ENGG
Road safety in Factory board and Health
premises TN FR-1950 mirror
Under Rule-61R
265
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
79
Directorate of
Once in
Industrial Safety Applicable Form 7 - HR 05.12.16 Y
TN FR – 1950, R15 Record of white three years
Cleanliness. washing and Health
80
During HOD –
TN FR – 1950, Rule 17 AS per TNPCB TNPCB Applicable _ 05.12.16
Disposal of waste & Hazardous Disposal ENGG
Other effluents. waste rule
81
Directorate of
Maintenance of Industrial Safety Applicable - - - HOD-HR 23.11.16 Y
TN FR – 1950, R40 to 49
latrine and and Health
Latrine & urinals
urinal
82
Directorate of -
HOD-
Industrial Safety Applicable MONTHLY 28.11.16 Y
TN FR – 1950,Rule 53 Guarding of ENGG
Fencing of machinery rotating parts and Health
83
Directorate of -
Adult -50 kgs Module
Man should not Industrial Safety Applicable - 28.11.16 Y
TN FR – 1950, R 57 Female -30kgs leader
lift more than and Health
Excessive weights
specified weight
266
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
84
Directorate of Suitable
Module
Dressing Industrial Safety Applicable goggle to be - 28.11.16 Y
TN FR – 1950, R 58 leader
/Grinding and Health provided
Protection of eyes
/drilling activity
85 Length and
Directorate of
breadth Not HOD -
TN FR – 1950, R 59 Industrial Safety Applicable - 29.11.16 Y
Minimum dimension of less than ENGG
and Health
manholes 40.6cm
86
Directorate of
Eye test to Once on
Industrial Safety Applicable Form 38 HOD-HR 23.11.16 Y
TN FR – 1950, R 61K Fork lift driver be done two year
Examination of eye and Health
sight of certain
workers.
87 Representativ
e from
Directorate of Once in
management Safety
Industrial Safety Applicable three 06.12.16 Y
TN FR – 1950, R 61M meeting to be and non officer
Safety committee conducted and Health month
management
Employees
88 PCB, HOD –
LAPTOP, All WHENEVE System /
Electronic R Electrical
TNPCB Applicable 06.12.16 Y
E-Waste Act 2011 (Rule Disposal of E - Gauges, REQUIRED /
– 2012 ) Waste Control /YEARLY Commerc
Boards ial
267
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
89 Tamil Nadu
Food safety and
Food safety and drug Applicable Catering YEARLY HOD - HR 06.12.16 Y
Food
standards act-2006 Administration
processing
Regulation 2.1.4 (6). department
92
HOD –
PANCHAYAT Applicable YEARLY 07.12.16 Y
TRADE LICENCE HR
93 Bore well
Paying of Water, HOD-
SIPCOT Applicable MONTHLY 07.12.16 Y
SIPCOT WATER Amount for SIPCOT ENGG
PAYMENT Water Water
consumption
94
Regional
HR/SECU
Wearing of Transport Applicable DAILY 07.12.16 Y
Motor vehicle act 1988, RITY
protective Authority
Chapter VIII, Sec 129
headgear
268
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
95
Regional
HR/SECU
Transport Applicable DAILY 07.12.16 Y
Motor vehicle act 1988, Usage of seat RITY
Chapter VII Sec 110(j) belt Authority
3% Energy
against Total
96 Tamilnadu Consumption
Producing 3% Energy by 2013 & 6 % HOD-
Applicable Electricity One Time 07.12.16 Y
Tamilnadu Solar Policy Electrical Development Energy Electrical
2012 Energy Through Agency against Total
Solar Consumption
by 2013
97
Electricity Supply Act
1948 & Supply Rules HOD-
1956 – Rules 46 TNEB Applicable Electricity YEARLY 07.12.16 Y
Electrical
Electricity Act 2003
RULE – 46 RULE – 30
98
Electricity Supply Act, WHENEVE
R
1910,1948 & Supply CHANGES
HOD-
Rules TNEB Applicable Electricity IN THE 07.12.16 Y
Electrical
ELECTRIC
1956 Rule 63, Electricity AL
Act 2003 SYSTEM
RULE – 63 RULE – 43
269
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
99
HOD-
TNEB Applicable Electricity YEARLY 07.12.16 Y
HARMONICS Electrical
100
POSH POLICY Directorate of
Industrial Safety Applicable YEARLY HOD HR 07.12.16 Y
(Prevention of and Health
Sexual
Harassment)
270
CHAPTER-6
Carborundum universal limited in very particular about the legal compliance and doing the
audit at the periodicity of once in 3 months. Individual departments review their status once
in 3 months and compiled report is sent to the Corporate head office through online.
During the project field audit, it is found that the compliance level of applicable legal
requirements is satisfactory and no deviations were found.
271
CHAPTER 7
CONCLUSION
Legal compliance audit for the plant should be adequate to identify all the Legal
compliances situations and complied the compliances by implementing the recommendations
of the audit.This work will give guide for the right course of action, so that any possible
compliances could be totally complied.
The management may implement the recommendations made by this project work for
better operations by complying the compliances to the maximum possible extent.
272
CHAPTER 8
BIBLIOGRAPHY
3.OHSAS 18001
273