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Role of Inspector-Cum-Facilitators

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1K views3 pages

Role of Inspector-Cum-Facilitators

Uploaded by

Biswaraj raul
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY.

Introduction
 An inspector-cum-facilitator is a primary authority responsible for inspection and enforcement under the
Occupational Safety, Health and Working Conditions (OSHWC) Code, 2019.
 Under the OSHWC Code the inspector-cum-facilitator is the primary authority responsible for inspection and
thus enforcement.
 Their duties include:
1. Inquiring into accidents
2. Conducting inspections
3. Advising employers and workers on compliance with the code
4. Entering workplaces
5. Inspecting establishments and their machinery
6. Requiring production of any register or any other document relating to the workplace
7. Searching or seizing or taking copies of

Sec 34 Appointment of Inspector cum Facilitators


1. Appointment and Jurisdiction:
 The appropriate Government may appoint Inspector-cum-Facilitators for enforcing the provisions of the
Code within specified jurisdictions.
 These inspectors shall exercise powers throughout their respective jurisdictions as specified in the
notification.
2. Inspections:
 Inspector-cum-Facilitators are tasked with conducting inspections as specified by the appropriate
Government.
 An inspection scheme may be laid down, including provisions for web-based inspections and random
selection of establishments.
3. Design of Inspection Scheme:
 Factors considered in designing the inspection scheme include assigning unique numbers to establishments
and inspectors, timely uploading of inspection reports, provisions for special inspections, and characteristics
of employment and workplaces.
4. Appointment of Chief Inspectors:
 The appropriate Government may appoint Chief Inspector-cum-Facilitators for specified establishments or
classes of establishments within specified local limits.
5. Appointment of Additional Inspectors:
 Additional Chief Inspector-cum-Facilitators, Joint Chief Inspector-cum-Facilitators, Deputy Chief Inspector-
cum-Facilitators, or other designated officers may be appointed by the appropriate Government.
6. Disqualification and Restrictions:
 No person directly or indirectly interested in a workplace or work activity can be appointed as an inspector.
 Inspectors must adhere to restrictions or conditions imposed by the Chief Inspector-cum-Facilitator.
7. Authorization and Prohibition:
 Inspectors may be authorized to exercise powers of the Chief Inspector-cum-Facilitator within specified local
areas, subject to conditions.
 The Chief Inspector-cum-Facilitator may prohibit certain inspectors from exercising specific powers.
8. Legal Status:
 All inspectors appointed under this section are deemed to be public servants and are officially subordinate to
the authority specified by the appropriate Government.

Sec 35. Powers and duties of inspector-cum-facilitator


1. Entry and Inspection:
 Inspectors may enter any workplace with assistance, inspect premises, machinery, and materials,
and inquire into accidents or dangerous occurrences.
2. Inquiry and Examination:
 They can examine crops in plantations, request documents, and take statements as necessary for
compliance.
3. Information Dissemination:
 Inspectors are empowered to educate employers and workers about the provisions of the Code and
ensure compliance.
4. Document Production and Seizure:
 They can demand production of documents, seize records if necessary for an investigation, and issue
show cause notices related to safety and health provisions.
5. Prosecution and Legal Action:
 Inspectors may prosecute or defend complaints in court arising under the Code and its regulations.
6. Other Powers:
 They have additional powers and duties prescribed by the appropriate Government.
7. Legal Obligations:
 Individuals must comply with requests for documents or information, similar to legal obligations
under specific sections of the Indian Penal Code.
8. Legal Procedures:
 The procedures of the Code of Criminal Procedure, 1973, apply to searches or seizures conducted by
inspectors, akin to those conducted under a warrant.
Sec 38. Special Powers of Inspector-cum-Facilitator
 Inspector-cum-Facilitators are vested with special powers under various circumstances to ensure the safety,
health, and welfare of workers.
 These powers are delineated according to the specific industry or setting. Here's a breakdown:
1. Special Powers in Respect of a Factory:
 If conditions in a factory pose serious hazards or imminent danger, the Inspector-cum-Facilitator can issue
orders prohibiting certain activities until the hazards are removed.
 Workers affected by such orders are entitled to wages and benefits, and the employer must provide
alternative employment where possible.
 Appeals against such orders can be made to the High Court.
 The Chief Inspector-cum-Facilitator can extend the duration of such orders if necessary.
2. Special Powers in Respect of Mines:
 Similar to factories, inspectors in mines can issue orders to remedy dangerous conditions or practices.
 They can prohibit specific operations in mines if they pose risks to life or safety.
 Workers affected by such orders are entitled to full wages during the period of prohibition.
 Appeals against these orders can be made to the Chief Inspector-cum-Facilitator and, if necessary, to the
Central Government.
3. Special Powers in Respect of Dock Work:
 Inspectors can prohibit dock work in unsafe conditions until measures are taken to address the danger.
 Appeals against such orders can be made to the Chief Inspector-cum-Facilitator or the Central Government.
4. Special Powers in Respect of Building or Construction Work:
 Similar to other settings, inspectors can prohibit building or construction work in unsafe conditions.
 Appeals against such orders can be made to the Chief Inspector-cum-Facilitator or the appropriate
Government.

In all cases, employers are obligated to comply with these orders, and workers are entitled to full wages during any
period of prohibition. Appeals processes are in place to ensure fairness and address grievances
Conclusion:
In summary, Inspectors-cum-Facilitators play a crucial role in making sure businesses treat their workers fairly and
follow the rules. They have the power to check up on businesses, help them understand the rules better, and make
sure everyone is playing by the same standards. By doing this, they help create safer, fairer workplaces for everyone.

Common questions

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In mines, inspectors can halt operations posing risks to life or safety, similar to factories. However, appeals against such orders in mines are directed first to the Chief Inspector-cum-Facilitator and then potentially to the Central Government, indicating an additional appeal step compared to factories .

Inspector-cum-facilitators operate under the legal procedures of the Code of Criminal Procedure, 1973, which guide their actions during searches or seizures akin to those conducted under a warrant. They must ensure compliance with the provisions of the Code and may prosecute or defend complaints in court related to these actions .

An inspector-cum-facilitator is responsible for inspecting and enforcing compliance with the Occupational Safety, Health and Working Conditions Code, 2019. Key duties include inquiring into accidents, conducting inspections, advising employers and workers on compliance, inspecting establishments and machinery, and seizing necessary documents .

Individuals with a direct or indirect interest in a workplace or work activity cannot be appointed as inspectors. They must also follow conditions or restrictions imposed by the Chief Inspector-cum-Facilitator .

The special powers enable inspectors to halt dock work under unsafe conditions, ensuring timely corrective measures and maintaining worker safety. Workers are entitled to full wages during prohibition periods, and the availability of an appeals process safeguards fairness in decisions made by inspectors .

Inspectors can stop building or construction work in unsafe conditions, compelling employers to address safety issues. The appeals process to the Chief Inspector-cum-Facilitator or the appropriate government further reinforces accountability and ensures that safety regulations are observed, maintaining a secure working environment .

Inspectors-cum-facilitators are appointed by the appropriate government and have jurisdiction as specified in notifications. They exercise powers within specified areas and are responsible for enforcing the Code provisions within these jurisdictions .

The inspection scheme for inspector-cum-facilitators includes assigning unique numbers to establishments and inspectors, web-based inspections, random selection of establishments, timely uploading of inspection reports, and provisions for special inspections. These components help ensure systematic and transparent inspections across various establishments .

Inspector-cum-facilitators ensure that businesses adhere to safety and health standards, thereby promoting fair treatment of workers. By conducting inspections, advising stakeholders, and enforcing compliance, they help create safer workplaces. They also provide mechanisms for fair appeals and compensation, further promoting adherence to occupational safety standards .

In factories, inspectors-cum-facilitators can issue orders to prohibit activities posing serious hazards until resolved. Employers must then provide alternative employment if possible, and workers retain wages and benefits during the prohibition. Appeals can be made to the High Court, ensuring that both safety and fairness are maintained .

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