Uploaded by Adv Imran Rehman

Assignment OHS Laws Comparison

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Special Assignment-OHS Laws Comparison
Sr#
1
2
Clause/Section Ref
Def: Employee
Def: Employer
Punjab OHS Act -2019 Requirements
Sindh OHS Act -2017 Requirements
Employee means any person employed or engaged,
whether directly or indirectly for wages or any other
form of any other consideration or a volunteer to do any
skilled or unskilled, professional, technical, clerical,
manual or other work, in connection with the affairs of
an establishment under any contract of service or
apprenticeship, whether written or oral, express or
implied and includes such a person when laid off or
terminated; retrenched; dismissed and or removed from
employment under this Act.
Employer means a person or agent that employs,
contracts or engages in any manner whatsoever one or
more people for wages or salary.
Name
Faiz Fareed
Submission By
Roll Number
Difference / Comments
Punjab act provides the definition
of the Employee as given in the
column while Sindh act does not
use the word Employee in it’s
definition but the word “Worker”
instead.
Employer means the owner of an
establishment and
includesi.
In a factory, the name of the
person who shall be the
occupier and manager for the
purposes of this Act.
ii.
In any industrial
establishment under the
control of any department of
the Federal Government or
Government, or District
Government, the authority
appointed by such
Government in this behalf, or
where no such authority is
so appointed, the head of the
department; and
MSEH-S20-004
Punjab act defines Employer as
person or agent that employs,
contracts or engages in any
manner whatsoever one or more
people for wages or salary while
Sindh act mentions Employer as
the Owner of the establishment.
While Punjab act does not
explains the following highlighted
information of in the definition of
the employer but is defined in
Sindh Act.
i.
In a factory, the name of
the person who shall be
the
occupier and manager for
the purposes of this Act.
iii.
In any other industrial
establishment or commercial
establishment, any person
responsible to the owner for
the supervision and control
of such establishment.
ii.
iii.
3
Def: Establishment
Establishment includes any business, trade, profession,
service, office, firm, factory, society, undertaking,
company, educational institution, hospital, clinic,
laboratory, shop, workshop, warehouse, enterprise or
organization of whatsoever nature including
transportation which employs or engages an employee
directly or through a contractor or sub-contractor for
the purpose of carrying on any business activity, industry
or excavation and includes all its departments, branches
Name
Faiz Fareed
Submission By
Roll Number
Establishment means any industrial
or commercial establishment,
business, trade, profession, service,
office, firm, factory, society,
undertaking, company, educational
institution, hospital, shop, premises,
enterprise or organization of
whatsoever nature through a
contractor for the purpose of
carrying out any business, industry or
MSEH-S20-004
In any industrial
establishment under the
control of any
department of the
Federal Government or
Government, or District
Government, the
authority appointed by
such Government in this
behalf, or where no such
authority is
so appointed, the head of
the
department; and
In any other industrial
establishment or
commercial
establishment, any
person responsible to the
owner for the supervision
and control of such
establishment.
In Punjab act establishment
includes clinic, laboratory,
workshop, warehouse,
transportation which employs or
engages an employee directly or
through contractor or sub
contractor while Sindh acts does
not.
In Sindh act establishment
specifies in it industrial and
and premises whether situated at the same place or at
different places.
4
5
6
Def: Factory
Def: Harm
Factory means any premises or the precincts thereof,
where one or more employees are working or were
working on any day of the preceding twelve months and
in any part of which a manufacturing process is to be
carried out or is ordinarily carried out with or without
the aid of power but does not include a mine.
Harm means illness, disease, injury or a combination of
these and includes physical or mental harm caused by
any work-related incident.
excavation and includes all its
departments and branches, whether
situated at the same place or at
different places.
Factory means any premises,
including the precincts thereof,
whereon ten or more workers are
working or were working on any day
of the preceding twelve months, and
in any part of which a manufacturing
process is being carried on or is
ordinarily carried on with or without
the aid of power, but does not
include a mine.
Harm means –
(i) illness, injury, or both; and
(ii) includes physical or mental harm
caused by work related stress.
Premises means any place, and in
particular, includes –
(i) any land, building or part thereof;
(ii) any vehicle or watercraft;
(iii) any installation on land (including
the foreshore and
Def: Premises
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
commercial establishment, the
word premises while Punjab does
not.
In definition of factory Punjab act
includes any premises or the
precincts thereof, where one or
more employees are working or
were working on any day of the
preceding twelve months and in
any part of which a
manufacturing process is to be
carried out or is ordinarily carried
out with or without the aid of
power but does not include a
mine.
While I Sindh act it comprised o
ten or more workers.
Punjab act uses word employee
while Sindh work uses as worker
Harm in Punjab act includes
disease while Sindh act does not.
Punjab acts includes physical or
mental harm caused by any workrelated incident while Sindh act
includes physical or mental harm
caused by work related stress
Premises definition in Punjab act
is very brief and in Sindh act, it is
very detailed. Sindh act includes
following in definition which
Punjab acts does not include.
Premises means any place and includes a land, building
or part of any building.
7
8
Def: Machinery
Def: Self-employed
person
Machinery means an engine, motor or other appliances
providing energy derived from compressed air, the
combustion of fuel, electricity, gas, gaseous products,
steam, water, wind or any other source; and includes:
i.
Any plant by or to which the motion of any
machinery is transmitted.
ii.
A lifting machine, a lifting vehicle, a machine
whose motive power is wholly or partly
generated manually and a tractor.
Self-employed person means an individual who works
for gain or reward otherwise than under a contract of
Name
Faiz Fareed
Submission By
Roll Number
other land intermittently covered by
water), any
offshore installation, and any other
installation
(whether floating, or resting on the
seabed or the
subsoil thereof or resting on other
land covered with
water or the subsoil thereof); and
(iv) any tent or moveable structure;
Machinery includes all plants
whereby power is generated,
transformed, transmitted or applied.
Self-employed person means an
individual who works for
gain or reward otherwise than under
a contract of employment,
MSEH-S20-004
(ii) any vehicle or watercraft;
(iii) any installation on land
(including the foreshore and
other land intermittently covered
by water), any
offshore installation, and any
other installation
(whether floating, or resting on
the seabed or the
subsoil thereof or resting on
other land covered with
water or the subsoil thereof); and
(iv) any tent or moveable
structure;
Definition of machinery in Punjab
act details comprehenssivley
what is machinery while Sindh
acts details it as all pants all
plants whereby power is
generated,
transformed, transmitted or
applied.
Punjab act machinery definition
includes A lifting machine, a
lifting vehicle, a machine whose
motive power is wholly or partly
generated manually and a tractor
while the sindh act does not.
The definition is almost same.
9
10
11
Def: Workplace
Def: Contractor
Def: Hazard
employment, whether or not that person employs other
persons.
Work place means any premises where work is carried
out, by one or more persons and includes premises used
for the storage of tools, machinery, equipment or
substances:
Explanation: A person is in a place of work wherever he
may perform work, including a place that the person
moves through.
whether or not that person employs
others.
Workplace or "place of work" mean
any premises where
work is carried out, by one or more
persons and includes
premises used for the storage of
tools, machinery, equipment
or substance.
Contractor means any person or a body, whether
incorporated or not, who contracts with a principal to
carry out the whole or part of any work undertaken by
the principal in the course of or for the purpose of the
principal’s trade or business and includes subcontractor.
Contractor means any person or a
body, whether
incorporated or not, who contracts to
carry out the whole or
any part of any work undertaken in
the course of or for the
purpose of trade or business, and
includes sub-contractor;
Hazard means any activity,
arrangements, circumstances,
events, occurrences, phenomenon,
processes, situations, or
substances (whether arising or used
within or outside a place
of work) that is an actual or potential
cause or source of harm;
and includes –
(i) a situation where a person’s
behavior may be an actual
or potential cause or source of harm
Hazard means an activity, arrangements, circumstances,
event, occurrence, phenomenon, process, situation or
substance, whether arising or used within or outside a
place of work that is an actual or potential cause or
source of harm.
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
In Punjab act Workplace
definition does not contain
alternative word “Place of work”
for Workplace while Sindh act
contains.
Punjab act also explains work
place as : A person is in a place of
work wherever he may perform
work, including a place that the
person moves through.
While Sindh act does not
Both acts have same definition of
contractor except in Punjab act
there is use of principal trade
while in Sindh act it is only trade.
The definition of Hazard in Sindh
act includes following while
Punjab act does not.
(i) a situation where a person’s
behavior may be an actual
or potential cause or source of
harm to the another person or
persons; and
(ii) a situation described in subparagraph (i) resulting from
physical or mental fatigue, drugs,
12
Duties of
manufacturers
regarding articles and
substances
Every person who assembles or installs or erects any
tool, machinery, equipment or stores a substance for
use at a workplace, shall ensure that:
a) The assembly, installation, erection or storage is
done in a safe manner; and
b) The person who shall use such tools, machinery,
and equipment or handle such substance
is provided with all information as regards
handling, commissioning, use and maintenance
of the same.
Name
Faiz Fareed
Submission By
Roll Number
to the another person or persons;
and
(ii) a situation described in subparagraph (i) resulting from
physical or mental fatigue, drugs,
alcohol, traumatic shock, or another
temporary condition that affects a
person’s behavior;
alcohol, traumatic shock, or
another temporary condition that
affects a person’s behavior;
(1) It shall be the duty of supplier
who designs, manufactures, imports
or
supplies any article for use at
workplace to take specified steps
sufficient (i) To ensure, so far as is reasonably
practicable, that the article
is so designed and constructed as to
be safe and without
risks to health when properly used;
(ii) to carry out or arrange for
carrying out of such testing and
examination as may be necessary for
the performance of the
duty imposed on him by the
preceding paragraph;
(iii) to take such steps as are
necessary to secure that there will
be available in connection with the
use of the article at work
adequate information about the use
for which it is designed
and has been tested, and about any
condition necessary to
Punjab acts explains it as
Every person who assembles or
installs or erects any tool,
machinery, equipment or stores a
substance for use at a workplace
While Sindh act explains it as
MSEH-S20-004
) It shall be the duty of supplier
who designs, manufactures,
imports or
supplies any article for use at
workplace to take specified steps
sufficient
Punjab act explains below
highlight but Sindh act does not.
The person who shall use such
tools, machinery, and equipment
or handle such substance
is provided with all information as
regards handling, commissioning,
use and maintenance of the
same.
ensure that, when put to that use, it
will be safe and without
risk to health;
(iv) to ensure, so far as is reasonably
practicable, that the
substance is safe and without risk to
health when properly
used.
(2) It shall be the duty of supplier
who designs, manufactures or
supplies any tools, machinery,
equipment or substance for use at
work, to ensure (i) that such tools, machinery,
equipment or substance is safe
and without risk of injury to health
when correctly used with regard to
safe practices;
(ii) that persons to whom such tools,
machinery, equipment or
substance are supplied, be proved
with all information as regards
handling, commissioning, use and
maintenance.
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
Sindh act explains below
highlighted but Punjab act does
not.
To ensure, so far as is reasonably
practicable, that the article
is so designed and constructed as
to be safe and without
risks to health when properly
used;
(ii) to carry out or arrange for
carrying out of such testing and
examination as may be necessary
for the performance of the
duty imposed on him by the
preceding paragraph;
(iii) to take such steps as are
necessary to secure that there
will
be available in connection with
the use of the article at work
adequate information about the
use for which it is designed
and has been tested, and about
any condition necessary to
ensure that, when put to that
use, it will be safe and without
risk to health;
(iv) to ensure, so far as is
reasonably practicable, that the
substance is safe and without risk
to health when properly
used.
(2) It shall be the duty of supplier
13
Written statement of
policy.
Every employer shall, except in such cases as may be
prescribed, declare a statement in writing, duly
approved by Chief Inspector, prepared in consultation
with employees and their representatives of a general
policy, with respect to the safety and health of all
persons at the workplace and the policy shall be
reviewed and revised when:
a) Alteration to the procedures for managing risks
to safety is made; and
b) Changes to the premises where person’s work,
to the systems or methods of work or to the
plant or substances used for work are made that
may affect safety, health or welfare.
Name
Faiz Fareed
Submission By
Roll Number
Every employer to whom this Act
applies, except in such cases as
may be prescribed by Government,
shall declare a written statement of a
general policy with respect to the
safety and health of all persons at the
workplace and such statement shall
include provisions to resolve disputes
on safety at the workplace and the
reporting procedure for fatalities,
injuries and near misses. The policy
shall be reviewed and revised
when –
a) Introducing or altering the
procedures for managing risk
to safety; and
b) changes that may affect
safety, health or welfare are
proposed to the premises
MSEH-S20-004
who designs, manufactures or
supplies any tools, machinery,
equipment or substance for use
at work, to ensure (i) that such tools, machinery,
equipment or substance is safe
and without risk of injury to
health when correctly used with
regard to safe practices;
(ii) that persons to whom such
tools, machinery, equipment or
substance are supplied, be
proved with all information as
regards handling, commissioning,
use and maintenance
Punjab acts says that written
statement of policy shall be duly
approved by Chief Inspector,
prepared in consultation with
employees and their
representatives of a general
policy, with respect to the safety
and health of all persons at the
workplace while the Sindh act
does not.
Sindh act says that Every
employer to whom this Act
applies, except in such cases as
may be prescribed by
Government, shall declare a
written statement of a
general policy shall declare a
written statement of a
where persons work, to the
systems or methods of work
or to the plant or substances
used for work, but as a
minimum at least every five
years and to bring the
statement and revisions of it
to the notice of all persons in
the workplace in languages
understood by all.
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
general policy with respect to the
safety and health of all persons at
the
workplace and such statement
shall include provisions to resolve
disputes
on safety at the workplace and
the reporting procedure for
fatalities,
injuries and near misses. The
policy shall be reviewed and
revised
when –
a) Introducing or altering
the procedures for
managing risk to safety;
and
b) changes that may affect
safety, health or welfare
are
proposed to the premises
where persons work, to
the systems or methods
of work or to the plant or
substances used for work,
but as a minimum at least
every five years and to
bring the statement and
revisions of it to the
notice of all persons in
the workplace in
languages understood by
all.
but Punjab act doesn’t tell about
above highlighted statement.
14
Consultation.
At every workplace the employer shall:
a) Provide for the election of safety and health
representatives from among the employees in
establishments with more than 5 employees
and such representatives shall represent the
employees in all matters relating to the safety,
health and welfare at work in the manner as
may be prescribed; and
b) Appoint a competent person to function as
safety and health officer at the workplace in
the prescribed manner.
Name
Faiz Fareed
Submission By
Roll Number
(1) In every workplace or place
of work, the employer shall
provide
fora) The election of occupational
safety and health
representatives from
amongst the workers in such
establishments having less
than fifty workers, and such
representatives shall
represent the workers in all
matters
relating to the safety, health
and welfare at work, as
prescribed; and may report
the impending threats,
accidents, injuries, fatal
injuries to the Inspector.
b) To appoint a competent
person to function as a Safety
and Health Officer at
workplace and set up
Occupational Safety and
Health Committee in the
establishment having more
than forty nine workers.
(2) It shall be the duty of the
occupational safety and
health representatives or the
Occupational safety and
Health committee to
cooperate and assist the
employer to promote and
develop measures to ensure
MSEH-S20-004
In Punjab act Consultation
includes Provide for the election
of safety and health
representatives from among the
employees in establishments with
more than 5 employees while in
Sindh act it includes
establishments having less than
fifty workers.
Below highlighted points are not
included in Punjab act while
present in Sindh act as
a) report the impending
threats,
accidents, injuries, fatal
injuries to the Inspector.
b) To appoint a competent
person to function as a
Safety and Health Officer
at workplace and set up
Occupational Safety and
Health Committee in the
establishment having
more than forty nine
workers.
It shall be the duty of the
occupational safety and health
representatives or the
Occupational safety and Health
committee to cooperate and
assist the employer to promote
and develop measures to ensure
the safety, health and welfare of
15
Precautions against
contagious,
occupational or
infectious disease at
workplaces.
(1) Each employee shall be provided with a hygiene card
in which, during the month of January and July every
year, entries shall be recorded after examination by a
registered medical practitioner, appointed by the
employer, to the effect that the employee is not
suffering from any contagious, occupational or
infectious disease. The fee of such an examination shall
be fixed by the Government and will be borne by the
occupier or manager of the workplace.
(2) If the employee is found to be suffering from any
contagious, occupational or infectious disease, on an
examination under sub-section (1), he shall not be
permitted to work till he is declared fit by the medical
practitioner appointed
the safety, health and
welfare of the workers at
workplace. The committee
shall report the effectiveness
of such measures to the
employer and the Inspector,
if so required.
(1) Each worker and volunteer shall
be provided with a “Hygiene Card” in
which during the month of January
and July every year entries shall be
recorded after examination by
qualified medical practitioner to the
effect that the workers is not
suffering from any contagious,
infectious and occupational disease.
The fee of such an examination shall
be fixed by Government and shall be
borne by the employer of the
workplace.
(2) If the worker is found to be
suffering from any contagious,
infectious and occupational disease
on an examination under
subsection(1), the employer shall
provide him appropriate medical
treatment
with paid leave
the workers at workplace. The
committee
shall report the effectiveness of
such measures to the employer
and the Inspector, if so required.
Punjab act does not include
volunteers in this scope while
Sindh act do.
Punjab act uses term of
Registered medical practitioner
that will be employed by the
employer while Sindh act uses
qualified medical practitioner and
does not specify if it will be
employed by the employer.
In Punjab act the medical
examination fee will be born by
occupier or manager while in
Sindh act occupier and manager
are replaced by word employer.
In Punjab act the injured person
shall not be permitted to work till
he is declared fit by the medical
practitioner while Sindh act does
not.
In Sindh act the employer shall
provide him appropriate medical
treatment
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
with paid leave while in Punjab
act, it is not mentioned.
16
Registration of
workplaces and
approval of sites,
buildings and other
constructions to be
used as workplaces
An employer or a self-employed person shall not build,
fit out, alter or use any site or building as a workplace,
unless such plan, site or building is approved in such
manner as may be prescribed.
(1) An employer or self-employed
person shall not build, fit out, alter
or use any site or building as a
workplace, unless its plans or site are
approved by Government or its
designated authority.
(2) Government or its designated
Authority while approving the Plan
or site or building shall ensure that all
safety measures have been taken and
the process to be conducted in the
premises shall not be harmful to
other people in the area.
(3) The employer shall, before start
of the work, send a written notice
to the Inspector of the area as may
be prescribed by rules.
In Punjab act the approval criteria
is not directly defined but in
Sindh act approval will be
obtained from Government or its
designated authority
Below highlighted pointed are not
explained in Punjab act but in
Sindh act.


(1) Every employer shall maintain a register of accidents
and harm in the prescribed manner and shall record in
the register the prescribed particulars relating to:
Name
Faiz Fareed
Submission By
Roll Number
Government or its
designated Authority
while approving the
Plan
or site or building
shall ensure that all
safety measures have
been taken and
The employer shall,
before start of the
work, send a written
notice
to the Inspector of
the area as may be
prescribed by rules
(1) Every employer shall maintain a
In Punjab act the registration of
register of accidents in the
accidents shall be maintained in
prescribed form and shall record in
Prescribed manner so it is not
the register the prescribed particulars directly identifying the criteria
MSEH-S20-004
17
Notification and
investigation of
accidents, dangerous
occurrences and
occupational illness.–
a) Every accident that harmed or as the case may
be might have harmed any employee at work; or
any person in a place of work controlled by the
employer; and
b) Every occurrence of harm to an employee or
self-employed person at work or as a result of
any hazard to which employee was exposed
while at work in the employment of the
employer.
(2) Every self-employed person shall maintain a register
of accidents and harm in the prescribed form and must
record in the register the prescribed particulars relating
to:
a) Every accident that harmed or as the case may
be might have harmed the self-employed person
at work;
b) Every accident resulting from the work of the
self-employed person that harmed or as the
case may be might have harmed any person.
c) Every occurrence of harm to the selfemployed person:
i.
While at work; or
ii.
As a result of any hazard to which the selfemployed person was exposed while at work.
(3) Every employer or self-employed person shall
maintain a register and record of any accident that
occurs in a workplace whicha) Causes loss of life.
b) Disables any person from reporting to normal
work for more than seven days.
c) Makes any person unconscious as a result of any
action or process related to work.
(4) The employer and self-employed person shall report
every accident in the prescribed manner to the Inspector
Name
Faiz Fareed
Submission By
Roll Number
relating to (a) every accident that harmed or
might have harmed any
worker or any person in a place of
work controlled by the
employer; and
(b) every hazard to which worker
was exposed while at
workplace in the employment of the
employer.
(2) Every self-employed person shall
maintain a register of
accidents, in the prescribed form,
and shall record in the register the
prescribed particulars relating to (a) every accident that harmed or
might have harmed any selfemployed person at work or any
person in a place of work.
(b) Every hazard to which selfemployed person was exposed
while at workplace.
(3) Every employer or self-employed
person shall maintain a
register and record therein any
accident occurs in a workplace which
(a) causes loss of life; or
(b) disables any person from
reporting to normal work for more
than seven days;
(c) makes any person unconscious
as a result of any action or process
related to work;
(4) The employer and self-employed
MSEH-S20-004
but in Sindh act the registration
of the accidents will be done in
the prescribed form.
Punjab act includes below
highlighted information but Sindh
act does not.
a) Every accident resulting
from the work of the selfemployed person that
harmed or as the case
may be might have
harmed any person.
b) Every occurrence of harm
to the selfemployed person:
In Punjab act below given in red is
an obvious deviation from the
Sindh act
Where an accident results in
disablement or death of person at
the workplace, a notice in writing
of such disablement or death
shall be sent to the employer or
the self-employed person in
control of the workplace within
twenty hour hours of the
communication of the disability
or death. While in Sindh act
Where accident causing
disablement or death is notified
by the employer or self-employed
within twenty four hours of the occurrence of
the accident.
(5) Where an accident results in disablement or death
of person at the workplace, a notice in writing of such
disablement or death shall be sent to the employer or
the self-employed person in control of the workplace
within twenty hour hours of the communication of the
disability or death.
(6) Where at any workplace the possibility of the
employees being subjected to
special risks or hazards to safety and health at work, the
Chief Inspector may require such employees to undergo
pre-employment and periodic medical examinations
suited for the circumstance and at periods so
determined which the employer and the employees
shall comply.
(7) The medical examination shall be performed at a
hospital authorized by Government and the cost thereof
shall be paid by the employer.
Name
Faiz Fareed
Submission By
Roll Number
person shall report every
accident in the prescribed form to
the Inspector within twenty four
hours of the occurrence of the
accident.
(5) Where accident causing
disablement or death is notified by
the employer or self-employed
person, notice in writing of the death
shall be sent to the Inspector by the
employer or self-employed person in
control of the workplace within
twenty four hours of the disability or
death comes to the knowledge of the
employer or self-employed person
controlling the workplace.
(6) Where an accident occurs in the
workplace causing the death
of any person at the workplace, no
person shall touch or disturb or cause
any other person to touch or disturb,
without the permission of an
Inspector, any machinery or any
article which was involved in such
accident, other than for the purpose
of extricating or attending on any
person involved in such accident.
(7) Where any illness occurs in a
workplace which is prescribed or.
(a) Leads to a loss of life of a
person who was at the
workplace ; or
(b) Leads to an absence from
normal work for more than seven
MSEH-S20-004
person, notice in writing of the
death shall be sent to the
Inspector by the employer or selfemployed person person in
control of the workplace within
twenty four hours of the disability
or death comes to the knowledge
of the employer or self-employed
person controlling the workplace.
Below highlighted points are not
highlighted in Punjab act but in
Sindh act.
Where an accident occurs in the
workplace causing the death
of any person at the workplace,
no person shall touch or disturb
or cause
any other person to touch or
disturb, without the permission
of an
Inspector, any machinery or any
article which was involved in such
accident, other than for the
purpose of extricating or
attending on any
person involved in such accident.
(7) Where any illness occurs in a
workplace which is prescribed or.
(a) Leads to a loss of life of a
person who was at the
workplace ; or
(b) Leads to an absence from
normal work for more than seven
continuous days and, is considered to
be related to the workplace; or
(c) Causes sudden or
simultaneous illness or loss of
consciousness at that workplace;
18
Written notice shall forthwith be sent
by the employer or the manager to
the Inspector of the area where the
workplace is located, in the form
prescribed for the purpose.
(8) Where at any workplace there is
possibility of the workers being
subjected to special risk or hazard to
safety and health at work, the Chief
Inspector of Safety and Health may
require such workers to undergo preemployment and periodic medical
examinations suited for the
circumstance and at periods so
determined which the employer and
the workers shall comply.
(9) The medical examination shall be
conducted at Hospitals
authorized by Government and the
cost thereof shall be borne by
employer.
(1) After the commencement of the Act, the
(1) Government shall establish a
Government shall, by notification in the official Gazette,
Council for Occupational Safety
establish an Occupational Safety and Health Council to
and Health Sindh, which shall
exercise such powers and perform such functions
consists of following:
assigned to it under the provisions of the Act.
a) The Secretary Labor and
(2) The Council shall consist of the following:
Human Resources
a) Chief Inspector Labor
Department,
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
continuous days and, is
considered to
be related to the workplace; or
(c) Causes sudden or
simultaneous illness or loss of
consciousness at that workplace;
Written notice shall forthwith be
sent by the employer or the
manager to the Inspector of the
area where the workplace is
located, in the form prescribed
for the purpose.
Please see the two columns on
the left side for comparative
difference in blue while missing in
either in yellow.
Establishment of
Occupational Safety
and Health Council.–
b) Director General Labor Welfare
c) Three persons from organizations representing
employers
d) Three persons shall be from organizations
representing employees
e) Three or more persons shall be from the Labor
Department whose responsibility is related to
occupational safety and health; and
f) Three or more persons, including at least one
woman, shall be from organizations or
professional bodies the activities of whose
members are related to occupational safety and
health and who are able to contribute to the
work of the Council.
(3) The Council shall meet at least once in every six
months in a calendar year.
(4) Nine members of the Council shall form quorum for
a meeting of the Council of whom at least;
a) Five shall be official members including the
Chairman and the Secretary of the Council
b) One shall be representative of employees.
c) One shall be representative of employers.
d) One shall be a professional.
e) One shall be a member of civil society.
(5) Subject to the provisions of the Act, the Council may
regulate its own procedure with regard to its meetings.
(6) The Council may constitute sub-committees as it
may deem fit, to exercise such powers and perform such
duties, subject to such conditions, as may be prescribed.
Name
Faiz Fareed
Submission By
Roll Number
Sindh, shall be the
Chairperson
b) Five Government
Representatives from
Industries
Department, Sindh
Building Control Authority,
Health
Department, Sindh
Environment Protection
Agency; and
Fire Department of Local
Governments;
c) Four members to
represent the employers.
d) Four members to
represent the workers.
e) Four professionals
nominated by the Chief
Minister, at least one of
them shall be a women;
f) Three members from civil
society, as Government
may
consider appropriate and
necessary, at least one of
them shall be a woman.
g) An officer from directorate
of Labor Sindh who shall
also act as Secretary to the
Council.
(2) Members appointed under clause
(c) and (d) shall respectively be
chosen from the list of names
submitted by the representative
MSEH-S20-004
bodies of the employers and workers
recognized by Government for that
purpose;
(3) Provided that unless rules are
framed in this behalf, the first
members to be so appointed shall be
chosen from such persons as
Government may deem fit.
19
Offences and
Penalties
(1) Save as otherwise expressly provided in the Act, any
person who violates the provisions of sections 3 to 7
shall be punished with fine which may extend to rupees
one hundred thousand.
(2) The penalties provided in this section shall be in
addition to the claims for compensation, if any,
instituted by the person:
Provided that if the fine imposed in a case, is subject to
an appeal, no such payment shall be made before the
period allowed for presenting the appeal has lapsed or if
an appeal has been presented, before decision of that
appeal.
(3) Whoever, unless duly authorized or in case of
necessity, removes any machinery, equipment, fixtures,
substances, fencing, gangway, ladder, lifesaving means
or appliances, lights, marks, stage or other things
required to be provided by or under the rules made
Name
Faiz Fareed
Submission By
Roll Number
(4) The non-official member shall
hold office for a period of five years
and shall be eligible for renomination.
(5) The Council may discharge its
functions notwithstanding any
vacancy in the constitution of the
Council.
Any person who (a) willfully obstructs an Inspector
in the exercise of any of his
lawful powers, or fails to produce on
demand by an Inspector
any registers or other documents
kept in pursuance of the
regulations made under this Act, or
conceals or prevents or
attempts to prevent any person from
appearing before, or being
examined by an Inspector, or
(b) unless duly authorized, or in
case of necessity, removes any
fencing, gangway, ladder, lifesaving
means or appliance, light,
mark, stage or other things required
MSEH-S20-004
Please see the two columns on
the left side for comparative
difference in blue while missing in
either in yellow.
21
Display at
establishment
under the Act or having in case of necessity, removed
any such machinery, equipment’s fixtures, substances,
fencing, gangway, gear, ladder, lifesaving means or
appliances, lights, marks, stage or other things and omits
to restore it at the end of the period for which its
removal was authorized or necessary, shall be punished
with fine which may extend to rupees two hundred
thousand.
(4) Whoever contravenes any requirement imposed by
an Inspector under the Act shall be punished with fine
which may extend to rupees ten thousand.
(5) Whoever willfully obstructs an Inspector in exercise
or performance of his powers or duties shall be
punished with fine which may extend to rupees twenty
thousand.
(6) Whoever conceals, prevents or attempts to prevent
any person from appearing before or being examined by
an Inspector shall, upon conviction, be punished with a
fine that may extend to rupees fifty thousand.
(7) The Court, when deciding upon the quantum of
sentence and fine shall consider the size of the business
of the employer being convicted, the gravity of the
violation, repute of the employer and the history of
previous violations.
(8) The penalties imposed under the Act shall be
recovered as arrears of land revenue by the District
Collector where the violation occurs or where the
employer has its principal office.
to be provided by or under
the regulations made under this Act,
or
(c) having removed any such
fencing, gangway, gear, ladder,
lifesaving means or appliance, light,
mark, stage or other
thing, omits to restore it at the end of
the period for which its removal was
necessary, shall be and liable to a fine
or imprisonment, as described in the
Schedule.
(1) The entrance to a workplace or any other place
where the employees legitimately gather shall bear
essential information including notice of the postal
addresses and the telephone numbers of the health and
(1) There shall be kept posted at the
entrances to the workplace or any
other place where workers
legitimately gather, notice of the
Name
Faiz Fareed
Submission By
Roll Number
MSEH-S20-004
Punjab act mentions the
information of display at
establishment shall be
communicated to the Chief
safety representative and the Committee and such
information shall be communicated to the Chief
Inspector.
(2) In addition to the notice required to be displayed in
every establishment, a notice containing abstracts of the
Act and the rules made thereunder shall also be
displayed in English and Urdu or regional languages.
postal addresses and the telephone
numbers of the health and safety
representative, the occupational
safety and health committee (where
existing) and the Government.
(2) In addition to the notice required
to be displayed under the rules,
there shall be displayed in every
establishment a notice containing
abstracts of this Act and rules made
there under.
(3) An updated copy of this Act and
any rules made under this Act
shall be maintained at the place of
work and made available for
reference by any worker.
inspector while Sindh act does
not require.
Sindh act asks or the Government
contact numbers to be displayed
but the Punjab act does not.
Punjab act asks for rules made
under the abstract of the act and
the notices shall also be displayed
in English and Urdu or regional
languages. While Sindh act does
not ask for it.
Sindh act tells about below
highlighted information but
Punjab act does not.
An updated copy of this Act and
any rules made under this Act
shall be maintained at the place
of work and made available for
reference by any worker.
22
Contracting out.–
Any contract or agreement, whether made before or
after the commencement of the Act, whereby an
employee relinquishes any right conferred by the Act
shall be null and void in so far as it purports to deprive
him of such right.
Provisions of this Act
to be addition to and
Notwithstanding anything contained to the contrary in
any other law for the time being in force, the provisions
23
Name
Faiz Fareed
Submission By
Roll Number
Any contract or agreement, whether
made before or after the
commencement of this Act, whereby
an worker relinquishes any right
conferred by this Act shall be null and
void in so far as it purports to
deprive him of such right.
The provisions of this Act shall have
effect notwithstanding anything
inconsistent therewith contained in
MSEH-S20-004
No major difference
Punjab act is contrary to Sindh act
in this aspect. Punjab act will not
be in derogation of the other laws
not in derogation of
certain laws
of the Act shall be in addition to and not in derogation of
such laws.
Name
Faiz Fareed
Submission By
Roll Number
any other law for the time being in
force.
MSEH-S20-004
but Sindh act will derogate other
laws and will effect
notwithstanding anything
inconsistent therewith contained
in any other law for the time
being in force.
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