Standard Operating Procedure (SOP)
- Prepare tour programme as per the randomization schedule and intimate the same to the concerned authority
- Check the concerned unit file so as to have a comprehensive idea on actions/ activities/ monitoring to be carried out during inspection.
- Prepare notices of inspection and sample collection.
- Take photocopies of the latest consent order, latest legal action record including bank Guarantee and other statutory clearances or any other important documents.
- Check the fitness of stack monitoring kits, AAQM kit and other instruments, material required for sampling.
- Collect sufficient thimbles/filter papers/chemical solutions etc. after conditioning in lab & carry the same for sampling. Ensure that the chemical solutions are freshly prepared.
- Ensure that all the logistic arrangement required for visit & sampling is made.
- Take the assistance of other officials/ staff for inspection/ monitoring if, felt necessary with consent of the concerned authority.
- Plan the travel and overnight stay, if required.
- The field officer from the Maharashtra Pollution Control Board is assigned to carry out inspection under the provisions of various environmental legislations.
- At the time of entry into the industry premises, the field officer serves a notice of entry and inspection to the responsible person of the industry.
- In the presence of responsible person of the industry the officer carries out inspection, which includes, verification of the following:
- Operation of plant(s), product(s) being manufactured with quantity, material balance, pollution load etc.
- Status of operation of Environment Management System comprising of control measures for liquid, gaseous and solid wastes
- Sources and Generation of liquid, gaseous and solid wastes and the technology adopted for their treatment and disposal.
- Number of outlets provided for disposal of liquid effluent/ emissions and compliance thereof versus the conditions in the consent granted
- Verification of maintenance of records in the form of logbooks etc. at the industry premises.
- Number of emission stacks / vents / boilers etc. and compliance thereof versus conditions in the consent granted.
- Operational status of treatment systems/pollution control system.
- During the inspection and sampling of the industrial unit the inspection officer (in presence of industry representatives) shall collects sample(s) of waste water, gaseous emission(s) and hazardous waste(s), as and where the inspection officer feels necessary, depending upon the circumstances.
- Seal the samples in presence of Industry representative as per due procedure
- Availability of various utilities and consumption of resources viz. water, fuels electricity etc.,
A check list of the documents, which inspection officer might verify during its visit is also suggested with procedure and are as follows:
- Valid Consent copy
- Environment clearance copy (if required)
- Water Consumption Data
- Effluent Treatment Plant Logbook
- Air Pollution Control Measures Logbook
- Hazardous Waste Generation and Disposal Records and Logbooks
- Production details (RG – 1 Register/Excise statement/ any other Govt. Competent authority submissions/annual reports)
- Raw Material details (RG – 11 Register/Stock inventory)
- Provision of separate energy meter at pollution control devices (Electricity Consumption Record).
- Statutory Submission
- Any other document related to industry if required
- After completion of the inspection, conduct a brief meeting with the representative if the unit (Authorized Person) inform them of all major deficiencies/ lapses/ non-compliances observed during inspection and suggest remedial measures.
- Instruct representative to take immediate corrective actions without waiting for communication/ direction from the Board and report compliance
- The inspection officer also lists suggestions (based on their earlier experience) to take additional measures so as to reduce pollution load at source or to improve treatability of the pollution control system.
- Prepare the Inspection report as per the preformat finalized by the Board and special observations made as:
- in process wise air pollution, water pollution, solid waste generation, Deficiencies/ lapses/non-compliances in respect of pollution control measures leading to issues of pollution, if any, are to be reflected under the respective process area.
- Mention a clear cut observation if there was production in excess of consented quantity, emission/ effluent discharge made through any unauthorized outlet (i.e. not granted under CTO) or discharge/emission made in excess of permitted quantity. This is to be reflected in the report as “non-compliance”.
- Report on any other activities to be taken up for further improvement in environment management.
- Compliance status to the direction if issued by the Board.
- Compliance status on Bank guarantee conditions if imposed by the Board.
- The inspection report is to be submitted on-line within 24 hrs after completion of the inspection
- The inspection report is to be signed by the inspecting officers & Industry representative clearly mentioning their name, designation and the date.
The inspector shall be guided by the administrative instructions issued by Director and Govt from time to time and general principles of conduct as stipulated by the Govt. Servants Conduct Rule.
During inspection, the inspector has mandate under section 8 of Factories Act, 1948 to verify compliance of all applicable provisions of the Factories Act, 1948 and the Maharashtra Factories Rules 1963, The Maharashtra Factories (Control of Major Accident Hazard) Rules, 2003. The inspector shall be guided by the provisions prescribed in these statutes.
The inspector shall be required to verify copy of licenses, approved drawings, process details, SOPS and SMPS, work permits, documents pertaining to on-site and off-site emergency, audit reports, health check up records, statutory registers as applicable and the occupier is expected to remain in readiness with such details. The Following documents required during inspection
- Factory License of factory
- Approved Plans of the factory.
- List of finished Products &It should be serially mentioned along with details of raw materials, process
- description and critical process parameters etc, via Finished product Name, Raw materials Names along with S.D.S.
- Inspection Book Form-31
- Certificate of Stability - Form 1A
- Health register. Form 7
- Register of Accidents and dangerous occurrences -. Form 30
- Reports of examination of Pressure Plant/Vessels- Form 13 and Lifting
- Tackles/machinery - Form 11
- Register (of Adult Workers) (for regular and contract) - Form 17
- Safety Committee details.
- Canteen Committee details.
- On-site Emergency Plan.
- Mock Drills Report.
- Leave with wages Register - Form 20
- Status of Annual Returns submitted.
- Safety Audit conducted and compliance report of recommendations.
- Status of Welfare officer.
- Status of Safety officer
- Status of Medical officer
- Status of Canteen Facility.
- Over Time Record.
- Noise Level survey Report.
- Details of fire fighting arrangement.
- Details of Occupational Health Centre.
- If covered under Major Accident Hazard (M.A.H.), compliance report of
- the Maharashtra Factories Control of
- Industrial Major Accident Hazards Rules, 2003.
On completion of inspection, the inspector shall issue a report online.
The Labour Laws are social legislation they ensure the protection of basic minimum right of the employees. There are certain mandatory duties / obligation imposed upon the employer in the form of paying Minimum Wages, Payment of Wages with authorised deductions within stipulated time, Payment of Bonus, Payment of Gratuity, Minimum House Rent Allowance, Maintenance of certain Registers & Records in specified formats etc. The enforcement wing (Inspectorate) of the Commissioner of the Labour conduct inspections under various Labour Laws. The intension of the inspection is to educate, guide, advice the employer to fulfil their obligation under various Labour Statute. Hence in order to enable them to understand the various provisions of Labour Laws applicable to them so as to achieve maximum compliance of the Laws.
An officer who is declared Inspector under various labour laws applicable to the Industry / Establishment is required to conduct inspection under all Labour Acts applicable to the industry/establishment visited. The Composite Inspection Scheme so approved by the Government is available under public domain in website cia.ecmpcb.in.
- The Centralised Inspection Agency System will generate list of factories randomly from domain for one week and allot to particular Area Inspector.
- Inspector will log in the system and see the allotted factories list.
- Inspector will visit the factory from the list.
- Inspector will check the relevant records of factory physically and collect the information from present employer/employees/ workers as required and related to various labour laws. If necessary record their statements including such other persons as independent witnesses.
- Inspector will pass the inspection remarks online.
- After completion of Inspection remarks the system will send SMS and mail to factory/establishment owner/management about inspection remarks.
- The departmental inspectors from Labour Directorate and Directorate of Factories & Boilers will coordinate with each other so that they do not turn up simultaneously at the industry facility.
- Within 48 hours these inspection remarks will uploaded online on Domain.
- These inspection remarks are visible to all relevant escalated authority of labour department.
- Inspector will visit the factory from the list.
- Inspector will give seven days’s time to factory owner/management/occupier to comply for the breaches mentioned in inspection remarks.
- Compliance submitted by factory are scrutinised by immediate higher authority of inspector.
- After scrutiny, if compliance is not satisfactory OR compliance are not submitted, issue warning letter. And then after seven days if compliance is not satisfactory the show cause notice is issue.
- After the above correspondence if no satisfactory compliance is received then legal action is initiated against factory.
The inspector shall be guided by the administrative instructions issued by Welfare Commissioner and Board from time to time and general principles of conduct as stipulated by the Maharashtra Labour Welfare Fund Rules and Govt. Servants Conduct Rule.
During inspection, the inspector has mandate under section 12 of the Maharashtra Labour Welfare Fund act, 1953 and rule 19 of the Maharashtra Labour Welfare fund Rule 1953 for carrying out the purpose of the Act, to require any employer to produce any document for his inspection, to supply him to true copy of any such document and to give him a statement in writing. The inspector shall be required to inspect any document maintain under the various labour laws to verify number of employees, unpaid accumulations and fines under the Maharashtra labour welfare fund Act 1953.
- a) For new establishment – complete records
- b) For old establishment – verify records from last inspection onward.
Within 48 hours these inspection remarks will uploaded online on Domain. Inspector will give the demand notice raise under section 6 B for compliance within the limit to establishment to comply for the breaches mentioned in inspection remarks. Compliance submitted by establishments are scrutinized by immediate higher authority of inspector. After scrutiny, if compliance is not satisfactory OR compliance is not submitted, issue warning letter. After the above correspondence if no satisfactory compliance is received then legal action is initiated against establishment u/s 17 of the Act.