Safety in Industry Act, 1980
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Safety representative or safety committee to be appointed by occupier in certain circumstances. |
37.—(1) Where for a period of six months neither a safety representative nor a safety committee stands appointed under section 35 or 36 of this Act as regards a factory or other premises, then the relevant occupier shall, as soon as may be, and in any case not later than three months after the expiration of the said period, appoint from amongst the persons employed in the factory or other premises— | |
(a) in case when the appointment is made there are not more than twenty persons employed in the factory or other premises, a safety representative, | ||
(b) in any other case, a safety committee and safety delegate (which delegate shall be appointed from amongst the members of such committee). | ||
(2) Before making an appointment under this section the occupier concerned shall afford to the persons employed in the relevant factory or other premises an opportunity for consultation regarding the appointment. | ||
(3) Subject to section 36 (3) of this Act, a safety representative appointed under this section shall, unless he sooner resigns, or ceases to be an employee in the factory or other premises concerned, hold office for a period of three years beginning on the date of his appointment. | ||
(4) (a) Where a safety committee is appointed under this section, the number of members of the committee, shall be fixed, in accordance with section 36 (1) (b) of this Act by the occupier by whom the members of the committee are appointed at the time when the appointments are made. | ||
(b) Each member of a safety committee which is appointed under this section shall be appointed on the same day and shall hold office during the period of three years beginning on that day. | ||
(5) (a) Where a vacancy (in this subsection referred to as “a casual vacancy”) occurs among the members of a safety committee appointed under this section by reason of the death or resignation from the committee of a member or by reason of the application to him of section 36 (4) (d) of this Act as extended by subsection (8) of this section, the relevant occupier shall, as soon as may be, appoint a person to fill the vacancy. | ||
(b) A person appointed to fill a casual vacancy shall, unless he sooner resigns from the safety committee concerned or ceases to be a member of such committee by reason of section 36 (4) (d) of this Act as extended by subsection (8) of this section, hold office for the remainder of the term of office of the member occasioning the vacancy. | ||
(6) Any person who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence. | ||
(7) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he used all due diligence and took reasonable steps to comply with the requirement. | ||
(8) References in this Act to a safety representative, a safety committee or a safety delegate, other than references to a safety committee in subsection (1) or (2) of section 36, shall be construed as including references to a safety representative, safety committee or safety delegate appointed pursuant to this section. |