Risk Based Industries Frame Work

Inspection Mandates

Frequency of inspection by Maharashtra Pollution Control Board would be based on the below framework:

Sl# Category of Units Frequency of Inspection Remarks
1 17 category,Large scale red,Grossly pollution industries,Common facilities-CHWTSDF , CBMWTSDF & CETPS Monthly Mandatory visit every month & falls under High Risk
2 Large scale orange,Medium scale red,Municipal councils , Major health care establishments (> 200 beds) , Hotels 5 star and above , E waste processors , Isolated storages Quaterly Randomly assigned once in 3 months & falls under Medium Risk
3 Health care establishments (50 to 199 beds) , Red category SSI , Construction projects ,townships,MSI-orange Once in six months Randomly assigned once in 6 months & falls under Low Risk
4 Orange (SSI) Once in a year Randomly assigned once in a year & falls under Low Risk

The above categorization as well as frequency inspection may be taken as logic for risk based inspection.

List of Acts applicable under Central Inspection Framework for MPCB are as:
  • 1. Water (Prevention and Control of Pollution), Act 1974
  • 2. Air (Prevention and Control of Pollution), Act 1981

Frequency of inspection by Directorate of Industrial Safety and Health would be based on the below framework:

Sl# Category of Factory Frequency of Inspection Remarks
1 MAH Units Once in a year High Risk
2 Hazardous factories under 2(c)(b) & Chemical factories Once in a year Medium Risk
3 OTHERS FACTORIES (Having workers upto 20 and more than 20 workers) Once in a five year 20% of the total other factories would be randomly selected once in a year & falls under Low Risk

The above categorization as well as frequency inspection may be taken as logic for risk based inspection.

List of Acts applicable under Central Inspection Framework for Directorate of Industrial Safety and Health are as:
  • 1. The Factories Act, 1948

Objective :-

This Inspection Scheme aims to achieve the objective of simplifying business regulations and bring in transparency and accountability in labour inspections. It envisages objective criteria for selection of units for inspection.

MANDATORY INSPECTION :-

The Randomisation scheme of the Labour department is based on the State resolution No-01/2015/Case no28/Labour-10  Dated 23/09/2015, Where following Inspection Norms will be mandatory for all the units. As per the government resolution compulsory inspections classification are as follows:

  • Inspection relating to Judicial Matters
  • State Legislative matters
  • Industrial Relations matter
  • Citizens complaints/Ministry office complaints
  • Special Drive (e.g. Child Labour, Bonded labour etc)
  • Trade Union & Workers complaints
  • Government Reference
  • Under the Self Certification Scheme 20% of Random Inspection of Factories/establishments

ROUTINE INSPECTIONS:-

Beside these mandatory inspections the other category of Risk Based framework for routine inspection is basically related to number of employees/workers.

Sr. No.

No of Workers/Employees

Risk Category

Frequency of Inspection

1

Above 100

High

Once in a year

2

Above 10 but below 100

Medium

Once in 5 year

3

10 and below

Low

Extempted from regular inspection

                        To conduct the schedule of inspections as per the above chart complete tagging of data is necessary. However in the meantime the factory selected randomly through the Central Inspection Agency should be allotted to the Labour department for the inspection. All the relevant Labour laws implemented by the office of the Commissioner of labour are applicable to the factories registered under the Factories act or registered with the Pollution control Board(MPCB). Therefore every establishment selected for inspection will have to be allotted for the Inspection purpose. At present two establishments per week should be allotted to the Labour department.

List of Acts under Central Inspection Framework for Labour Commissinerate office for which inspections are carraid out whenever applicable:
  • 1. Equal Remuneration Act, 1976
  • 2. The Maternity Benefit Act, 1961 and Rules 1966
  • 3. The Minimum Wages Act, 1948 and Rules 1954
  • 4. The Payment of Wages Act, 1936 and Rules 1936
  • 5. The Building and Other Construction Workers Welfare Cess Act 1996 and Rule 1998
  • 6. Payment of Bonus Act, 1965 and Rules 1975
  • 7. Payment of Gratuity Act, 1972 and the Rules 1974
  • 8. The Contract Labour [Regulation & Abolition] Act, 1970 and Rules 1975
  • 9. Inter State Migrant Workmen [Regulation of Employment and Conditions of Service] Act, 1979 and Rules, 1980
  • 10. The Child Labour (Prohibition & Regulation) Act, 1986 and the Rules 1994
  • 11. The Motor Transport Act, 1961 and the Rules 1966
  • 12. The Beedi & cigar Workers (conditions of Employment) Act, 1966 and the Rules 1969
  • 13. The Working Journalists (Conditions of Service) and Miscellaneous Provision Act, 1955
  • 14. The Sales Promotion Employees (Conditions of Service) Act and Rules 1976
  • 15. The Shop and Establishment Act 1948

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