On June 19, 2024, the Industries, Energy, Labour, and Mining Department of the Government of Maharashtra issued a notification to amend the Maharashtra Factories (Safety Audit) Rules, 2014.

Introduction

On June 19, 2024, the Industries, Energy, Labour, and Mining Department of the Government of Maharashtra issued a notification to amend the Maharashtra Factories (Safety Audit) Rules, 2014. These amendments, made under the authority of the Factories Act, 1948, aim to enhance workplace safety and streamline the process for conducting safety audits in factories across the state. The notification introduces several significant changes, including updated requirements for safety auditors, procedural enhancements, and new criteria for conducting safety audits.

Applicability:

The amendments apply to all factories within the state of Maharashtra, as governed by the Factories Act, 1948. These changes impact factory occupiers, safety auditors, and institutions involved in conducting safety audits. The amendments particularly focus on factories engaged in hazardous processes and those classified as Major Accident Hazards Factories, emphasizing the need for stringent safety protocols and compliance.

Key Amendments:

• The rules are officially titled the Maharashtra Factories (Safety Audit) (Amendment) Rules, 2024.
• The threshold for applicability of the safety audit requirement has been reduced from factories employing 250 workers to those employing 50 workers.
• The term “safety auditor” has been expanded to include institutions, in addition to individuals.
• Internal audits must be conducted by a team of plant personnel from various departments such as Safety, Engineering, Maintenance, Projects, and Production.
• After completing an internal audit, the occupier must submit an executive summary of observations and an action taken report to the Chief Inspector of Factories within 30 days.
• Safety audits must adhere to the Indian Standard, IS 14489: Code of Practice on Occupational Safety and Health Audit, with the latest revisions.
• The Chief Inspector may introduce additional checklists and procedures for specific classes of factories, which will be published on the Directorate of Industrial Safety and Health’s official website.
• Safety auditors must have a degree in Chemical, Electrical, or Mechanical Engineering and at least 10 years of experience in relevant fields.
• An application for recognition as a safety auditor must be submitted electronically and will include a written examination and interview process. Successful applicants will receive a certificate valid for two years.
• The recognition can be revoked if the auditor violates any conditions or if their work is deemed unsatisfactory.
• The minimum required man-days for conducting safety audits have been specified based on the number of workers and the nature of the factory (e.g., Major Accident Hazards Factories, hazardous processes).
• Safety audits for certain types of factories, particularly those involving major accident hazards or hazardous processes with more than 250 workers, must be conducted by recognized institutions.
• Safety auditors must visit the factory within one month after three months of submitting the external safety audit report to verify the action taken by the occupier.
• Detailed proformas for the safety audit report and verification of action taken have been provided.
• Safety auditors must apply for renewal three and a half months before their certificate expires.
• Various criteria must be met for renewal, including performance assessments and
  attendance at training programs.

Implications:

• More factories will now be subject to mandatory safety audits, which will enhance overall workplace safety as smaller factories will also be scrutinized.
• Expands the pool of eligible entities to conduct safety audits, allowing for more comprehensive and team-based audits.
• Promotes a multidisciplinary approach to safety audits, ensuring cross-departmental collaboration and a holistic view of safety practices within factories.
• Increases accountability for factory occupiers, requiring them to implement safety recommendations promptly and report back to authorities.
• Ensures standardized audit procedures across factories, with the flexibility to update and enhance safety measures regularly.
• Ensures that only highly qualified individuals and institutions can conduct safety audits, raising the quality and credibility of the audits.