62B. [ Safety Officers. [Substituted by S.O. 686 dated 13.7.1988.]
(1)Definitions.-In these Rules unless there is anything repugnant in the subject or context "Safety Officer" means any officer by whatever designation known, possessing the qualifications prescribed in this Rule and employed by the occupier of a factory to look after the duties of a safety officer prescribed in this Rule.(2)Qualification.-(a) A person shall not be eligible for appointment as a Safety Officer unless he-(i)Possesses a recognised degree in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 2 years; or a recognised degree in physics or chemistry and has a practical experience of working in a factory in a supervisory capacity for a period of not less than 6 years or a recognised diploma in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 4 years.(ii)Possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; or has qualified at a written and viva-voca examination conducted by the Chief Inspector:Provided that such examinations shall be conducted only till adequate number of persons possessing degree or diploma in safety recognised by the State Government are not available.(b)Notwithstanding the provisions in clause (a) any person who possesses a recognised degree in engineering or technology and has had experience of not less than 2 years, in a department of the Central or State Government which deals with the administration of the Factories Act, 1948, orPossesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years, full time, on training, education, consultancy, or research in the field of accident prevention in industry or in any recognised institution, shall also be eligible for appointment as a Safety Officer:Provided that the Chief Inspector may, subject to such conditions as it may specify, grant exemption from the requirements of whole or part of sub-rule (2); if in his opinion a suitable person possessing the necessary qualifications and experience is not available for appointment:Provided further that in the case of a person who has been working as a Safety Officer for a period not less than 3 years on the date of commencement of this rule, the Chief Inspector may, subject to such conditions as he may specify in writing relax all or any of the above said qualifications.(3)Conditions of Service.-(a) Where the number of Safety officers, to be appointed in a factory exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (4), the other Safety Officer working under his control.(b)The Chief Safety Officer shall be given the status of Departmental Head and shall work directly under the control of the Chief Executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.(c)The scale of pay and the allowance to be granted to the Safety Officers including the Chief Safety Officer, and the other conditions at their service "shall be the same as those of the other officers of corresponding status in the factory.(d)In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the Chief Inspector:Provided that all disputes against the orders of the Chief Inspector shall be settled by an appeal to the State Government, whose decision thereon shall be final :Provided further that no punishment of any kind shall be inflicted unless the Officer has first been informed in writing of the grounds on which it is proposed to take action and has been offered an adequate opportunity of defending himself.(4)Duties of Safety Officers.-(a) The duties of a Safety Officer shall be to advice and assist the factory management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe and healthy working environment. These duties shall include the following namely:-(i)to advise the concerned departments in planning and organising measures necessary for the effective control of personal injuries;(ii)to advise on safety aspects in all job studies, and to carry out detailed job safety studies on selected jobs;(iii)to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;(iv)to advise the purchasing and stores departments in ensuring availability of high quality personal protective equipment;(v)to render advice on matters relating to carrying out of plant safety inspections;(vi)to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;(vii)to render advice on matters related to reporting and investigations of industrial accidents and diseases;(viii)to investigate accidents, locate causes and render advice on measures to be adopted for removing the causes of accidents. Accident shall include all major or minor injury cases;(ix)to investigate the cases of industrial diseases contracted and dangerous occurrences reportable under rule 96;(x)to advise on the maintenance of such records relating to accidents, dangerous occurrences and industrial diseases as are necessary;(xi)to promote setting up of safety committees according to the provisions of rule 62-A*;(xii)to organise in association with the concerned departments, awards, campaigns, competitions and other activities which will develop and sustain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and(xiii)to design and conduct either independently or in collaboration with the training departments, suitable training and educational programme related to and required for the prevention of personal injuries.(5)Employment of Safety Officers.-The minimum number of Safety Officers to be employed by the occupier of any factory shall be as follows:-(a)For all factories wherein 1,000 or more workers are ordinarily employed-(i)Where the number of workers ordinarily employed in a factory is not less than 1,000 and not more than 1,500-one Safety Officer;(ii)Where the number of workers ordinarily employed in a factory is more than 1,500, but does not exceed 10,000-One additional Safety Officer for every 1,500 workers in excess of 1,500:Provided that in calculating the number of Safety Officers under this clause any odd number of workers less than 1,500 shall be reckoned as 1,500;(iii)Where the number of workers ordinarily employed exceeds 10,000-One Safety Officer for every 2,000 workers above 10,000:Provided that for calculating the number of additional Safety Officers under this clause any odd number of workers less than 2,000 shall be reckoned as 2,000:Provided further that, where the number of workers exceeds 10,000 there shall be one Chief Safety Officers in addition to the Safety Officers required to be employed under this rule in the rank of at least a Chief Engineer.(b)For all factories wherein manufacturing processes or operations declared to be dangerous under Section 87 of Factories Act, 1948, by Rule 95 of Bihar Factories Rules, 1950 are carried on:-(i)Where the number of workers ordinarily employed in a factory is more than 500-One Safety Officer;(ii)Where the number of workers ordinarily employed in a factory is more than 1,000 the number of Safety Officers to be employed shall be as specified in sub-rule 5(a).(c)For all Factories wherein apart from normal manufacturing operations construction, demolition, modification or similar work are carried on and where in more than 500 workers are ordinarily employed for such work one additional Safety Officer shall be employed. If the number of workers ordinarily employed in such jobs exceeds 1,000, Additional Safety Officer shall be employed in accordance with the provision of sub-rule 5(a).(6)Exemption.-The State Government may by notification in the official gazette exempt any factory or class or description of factories from all or any of the provisions of these Rules subject to compliance with such alternative arrangements as may be approved.(7)Facilities to be provided.-An occupier of the factory shall provide equipments, office staff, library, books, safety journals and periodicals and such other facilities as are necessary to enable him to discharge his duties effectively.(8)Prohibition of performance of other duties.-No Safety Officer, shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (4)]
