|1.||Instructions/procedure on online inspection G.O.M.S No.27 Dt. 31.05.2016|
Selection of establishments for online inspection shall be on Risk assessment on the following criteria:
1. Number of workers.
2. Nature of activity of the establishment.
3. Number of contract workers.
4. Status of compliance on the basis of combined annual return / online inspection (rating of compliance to be given by the department as prescribed by the Commissioner of Labour).
5. Complaints (from workers, trade unions, managements, citizens etc.).
6. Compulsory Inspections (ex: Orders of Courts and other Judicial Institutions like Lok-ayukta, HRC etc. .
7. An establishment inspected in a year will not be inspected in the next two years.
System randomly allocates establishments to the inspecting officers and inspecting officers to the establishments. In case of inspection of an establishment in the area other than the jurisdiction of inspecting officer, the inspecting officer having administrative jurisdiction shall take up follow up action.
System ensures that the same establishment is not allotted to the same inspector for a period of 3 years.
Risk in the perspective of the Labour department for categorization into high risk, medium risk and low risk establishments relates to risk to the workers in terms of their entitlement viz. wages, bonus & other remuneration, leave, holidays, working hours, worksite facilities, safety & health, welfare and social security measures like gratuity, EPF, ESI, accident compensation etc.
Experience of the department indicates that the smaller the establishment the less is the compliance. Therefore small establishments employing up to 300 workers (including contract workers) are categorized as high risk establishments.
Establishments having more than 300 workers (including contract workers) generally comply with the labour laws to a reasonable extent due to their resourcefulness and further compliance may be secured by persuasion. These establishments are categorized as medium risk establishments.
All establishments having no employees are categorized as low risk establishments and totally excluded from inspection system.
There are certain establishments employing large number of contract workers in some cases more than the number of regular workers. In such establishments the terms and conditions of employment of regular workers and contract workers are totally different and contract workers are prone to exploitation. The contract establishments of all such establishments employing contract workers exceeding 25 % of total workers of the Principal Employer establishment are categorized as high risk establishments
In certain activities workers are prone to exploitation besides risk of accidents and health hazards.
The establishments undertaking the following activities are categorized as high risk establishments:
1. Automobile engineering workshops including servicing and repairs, 2. brick kilns, 3.cashew processing, 4.chemicals and pharmaceuticals, 5.cinema industry, 6. colour printing and yarn dying, 7.construction or maintenance of roads and buildings, 8. Cotton ginning and pressing, 9.Glass industry, 10. Hotels, restaurants and eating houses, 11. Jute and coir, 12.Khandasari Factories, 13.Lime kilns, 14. Match and fire works, 15. Metal foundries and general engineering,16. Mica works, 17. Petrol bunks, 18.Power loom industry, 19.Motor transport undertakings, 20.Rice Mills, flour mills, dal mills, oil mills, saw mills, 21. Steel mills and steel-rerolling mills, 22. stone breaking and stone crushing operations, 23. Tanneries and leather manufactory, 24.Tiles and potteries,25. Tobacco including beedi making, 26. Security services, 27. Spinning mills, 28. Baking process including biscuit manufactory, 29.Cement concrete pipes, 30. Cotton carpet weaving, 31.distilleries and breweries, 32. Gold covering industry, 33.Mesta used twine mills, 34.Paper and paper boards, 35. Straw board and hand made paper manufactory, 36. Power loom industry, 37. Wood working establishments, 38. Woolen carpeting and shawl weaving establishments.
a) Establishments employing up to 300 workers (including contract workers)
b) Establishments employing more than 25% of total workers on contract basis
c) Establishments engaged in high risk activities as specified above.
On the same basis the following establishments are categorized as medium risk establishments:
1. Clubs and canteens, 2. Electronics industry, 3.Fisheries and sea foods, 4. Garment and allied manufacturing industry, 5. 6.Hospitals, Nursing homes and clinics other than Govt. Hospitals and dispensaries, 7. Salt pans, 8.Soft drinks and aerated water manufacturing units, 9.Handloom weaving, 10.Printing press including litho and offset printing etc.
Establishments employing more than 300 workers (including contract workers) and the contract workers engaged being less than 25% of total workers and the activity of the establishment is of medium risk as specified above are medium risk establishments.
1. Start Up Establishments for a period of 3 years from the date of commencement of work / business.
2. All low risk establishments (establishments having no employees).
3. Establishments under SEZs / EPZs.
4. Establishments submitted combined annual return and having no violations consecutively for 3 years.
5. Any other establishment specifically exempted by the Govt.
6. Establishment inspected in the first year will be exempted for the next 2 years for inspection by any inspecting officer.
|1.||Act-wise Checklist for Compliance||Click Here to View|