40B. SAFETY OFFICERS. –
1[40B. Safety Officers.—(1) In every factory, –
(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.
(2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.
(i) A safety officer is appointed for the purpose of Factory Act only. A safety officer in terms of rule 5 is merely given the status of a departmental head or a senior executive in the factory. Such status is conferred because he would be posted under the chief executive of the factory and would report only to him. As regards safety aspects, other officers would be bound by his direction; BHEL v. B.K. Vijay, 2006 (108) FLR 113.
(ii) Issuance of notification is an indispensable condition for employment of safety officers in terms of section 40B in both the cases mentioned in the section; Debesh Kumar Bhattacharyya v. Rishra Sheel Limited, (1995) 86 FLR 595 (Cal).
1. Ins. by Act 94 of 1976, sec. 19 (w.e.f. 26-10-1976).