Are Safety Committee Meeting Minutes Legally Required? Seeking Clarity on Sharing Practices

Minutes of safety committee meetings are compulsory or not? Is there any legal clause?

In our chemical company, the committee chairman refuses to give minutes to other members.

Dear Mr. Bhavesh Joshi,

Workers' Participation in Safety Management

As per the Factories Act 1948, Section 41G, it is mandatory to form a safety committee, and the details are as follows:

41G. Workers' participation in safety management.

(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of an equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that regard:

Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such a Committee.

(2) The composition of the Safety Committee, the tenure of office of its members, and their rights and duties shall be such as may be prescribed.

Rule prescribed under sections 41 and 41G; (Please refer to your state factories rules, even though almost everything will be the same for more details).

Maharashtra Factories Rules 1963

As per Maharashtra Factories Rules 1963, it is as follows:

82[73-J. Safety Committee - (1) In every factory:

(a) wherein 250 or more workers are ordinarily employed; or

(b) which carries on any process or operation declared to be dangerous under section 87 of the Act; and employs more than 50 workers; or

(c) which carries on a 'hazardous process' as defined under section 2(cb) of the Act and employs more than 50 workers, there shall be a Safety Committee.

(2) The representatives of the Management on the Safety Committee shall include:

(a) A senior official, who by his position in the organization can contribute effectively to the functioning of the Committee, shall be the Chairman;

(b) A Safety Officer and Factory Medical Officer, wherever available, and the Safety Officer in such a case shall be the Secretary of the Committee;

(c) A representative each from the production, maintenance, and purchase departments.

(3) The workers' representatives on this Committee shall be elected by the workers.

(4) The tenure of the Committee shall be two years.

(5) The Safety Committee shall meet as often as necessary but at least once every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(6) The Safety Committee shall have the right to:

(a) ask for necessary information concerning the health and safety of the workers;

(b) seek any relevant information concerning the health and safety of the workers.

(7) The functions and duties of the Safety Committee shall include:

(a) assisting and cooperating 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 the environment and arriving at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training, and promotional activities;

(e) deliberating on reports of safety, environmental and occupational health surveys, emergency plans, safety audits, risk assessment, 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 subcommittees as may be required to assist it.

Regards,

Dipil Kumar V

Dear Mr. Dilipkumar, I have just seen your reply. Unfortunately, that does not address the specific question Mr. Joshi has asked. Mr. Joshi should refer to the state rules wherever he is located. The spirit of the Act is to share the minutes, but we need to look at the exact wording. There is a provision to maintain the minutes and present them before the Inspector when demanded.

Response to Safety Committee Meeting Minutes

I think you have posted your comments without reading the entire reply. Both concerns you raised are included in the reply: Please go through the following from the earlier posting itself and comment, please.

"Rule prescribed under sections 41 and 41G; (Please refer to your state factories rules, even though almost everything will be the same for more details). As per Maharashtra Factories Rules 1963, it's as follows:

"(5) Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand."

Hope I guided Mr. Bhavesh Joshi in the right direction.

Regards,
Dipil Kumar V

Workers' Participation in Safety Management

As per the Factories Act 1948, Section 41G, it is mandatory to form a safety committee. The details are as follows:

41G. Workers' participation in safety management.

(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of an equal number of representatives of workers and management. This is to promote cooperation between the workers and management in maintaining proper safety and health at work and to periodically review the measures taken in that regard.

Provided that the State Government may, by order in writing and for recorded reasons, exempt the occupier of any factory or class of factories from setting up such a Committee.

(2) The composition of the Safety Committee, the tenure of office of its members, and their rights and duties shall be as prescribed.

Rules prescribed under Sections 41 and 41G; (Please refer to your state factories rules for more details, although most details will be the same).

Maharashtra Factories Rules 1963

As per the Maharashtra Factories Rules 1963, it is as follows:

73-J. Safety Committee - (1) In every factory:

(a) where 250 or more workers are ordinarily employed; or

(b) which carries out any process or operation declared to be dangerous under Section 87 of the Act and employs more than 50 workers; or

(c) which carries out a 'hazardous process' as defined under Section 2(cb) of the Act and employs more than 50 workers, there shall be a Safety Committee.

(2) The representatives of the Management on the Safety Committee shall include:

(a) A senior official, who, by his position in the organization, can contribute effectively to the functioning of the Committee, shall be the Chairman;

(b) A Safety Officer and Factory Medical Officer, wherever available, and the Safety Officer in such a case shall be the Secretary of the Committee;

(c) A representative each from the production, maintenance, and purchase departments.

(3) The workers' representatives on this Committee shall be elected by the workers.

(4) The tenure of the Committee shall be two years.

(5) The Safety Committee shall meet as often as necessary but at least once every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(6) The Safety Committee shall have the right to:

(a) ask for necessary information concerning the health and safety of the workers;

(b) seek any relevant information concerning the health and safety of the workers.

(7) The functions and duties of the Safety Committee shall include:

(a) assisting and cooperating 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 the environment and arriving at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training, and promotional activities;

(e) deliberating on reports of safety, environmental and occupational health surveys, emergency plans, safety audits, risk assessment, 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.

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 required to assist it.

Regards,

Dipil Kumar V

According to the Factories Act of 1948, the setting up of a safety committee is mandatory, but the preparation and circulation of minutes to committee members are not required.

In accordance with the Andhra Pradesh Factories Rules of 1950, the formation of a safety committee is mandatory. The preparation of safety committee minutes is also mandatory, but the circulation of minutes is not required. The phrase "circulating of minutes" is not specifically mentioned in the Act and rules.

During a visit by a Factories inspector, you must be prepared to show the committee minutes upon demand by the inspector.

As for the Management representative, it is the prerogative of the management. However, for the worker's member, you cannot remove them unless they have resigned, and you hold a fresh election for that post.