Labour Code Advisor

CHAPTER IVA - PROVISIONS AS TO SAFETY

Section 18A. Safety.

(1) In every plantation, effective arrangements shall be made by the employer to provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances.

(2) The State Government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals.

(3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation.

(4) Every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the State Government.

(5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the State Government.

(6) Every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record.

(7) Every employer shall provide—

(a) washing, bathing and clock room facilities; and

(b) protective clothing and equipment,

to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the State Government.

(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of such insecticides, chemicals and toxic substances.

(9) Every employer shall exhibit such precautionary notices as may be prescribed by the State Government indicating the hazards of insecticides, chemicals and toxic substances.

STATE AMENDMENT

Kerala

Insertion of new section 18A—After section 18 of the principal Act, the following section shall be inserted, namely: —

“18A. Chief Inspector to provide facilities on default by employer.—

(1) If in any plantation, facilities are not provided or maintained by the employer as required by section 8 or section 9 or section 12 or section 15 or the rules made under section 11 or section 14 or section 17, the chief inspector may cause to be provided or maintained therein such facilities and recover the cost thereof from the defaulting employer:

Provided that before providing or maintaining such facilities the employer shall be given an opportunity of being heard.

(2) For the purpose of the recovery of the cost under sub-section (1) the chief inspector may certify the amount to be recovered to the Collector, who may thereupon recover such amount as an arrear of land revenue.”.

[Vide Kerala Act 25 of 1969, s. 3]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 4

  • 1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Keralaby Kerala Act 25 of 1969.
  • 2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530
  • 3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960).
  • 4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982).
  • 5. Subs. by s. 2, ibid., for “10.117 hectares” (w.e.f. 26-1-1982).
  • 6. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982).
  • 7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982).*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu andKashmir and the Union territory of Ladakh.

Page 5

  • 1. Subs. by Act 58 of 1981, s. 2, for “10.117 hectares” (w.e.f. 26-1-1982).
  • 2. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982).
  • 3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986).
  • 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
  • 5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960).
  • 6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010).
  • 7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982).

Page 6

  • 1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960).
  • 2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960).
  • 3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960).
  • 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
  • 5. Subs. by s. 2, ibid., for “rupees seven hundred and fifty” (w.e.f. 7-6-2010).
  • 6. Subs. by s. 2, ibid., for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred andand fifty” (w.e.f. 7-6-2010).

Page 7

  • 1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

Page 8

  • 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982).

Page 9

  • 1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010).
  • 2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960).
  • 3. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010).

Page 10

  • 1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982).
  • 2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982).

Page 11

  • 1. Subs. by Act 58 of 1981, s. 6, for “such rooms” (w.e.f. 26-1-1982).
  • 2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982).

Page 12

  • 1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960).
  • 2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

Page 15

  • 1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010).

Page 16

  • 1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982).
  • 2. Subs. by s. 9, ibid, for “fifty-four hours” (w.e.f. 26-1-1982).
  • 3. The words “or child’ omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010).
  • 4. Subs. by Act 58 of 1981, s. 9, for “forty hours” (w.e.f. 26-1-1982).
  • 5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982).

Page 17

  • 1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982).
  • 2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”.
  • 3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010).

Page 18

  • 1. The words “and children” omitted by Act 17 of 2010, s. 8 (we.f. 7-6-2010).
  • 2. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010).
  • 3. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010).
  • 4. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010).
  • 5. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010).

Page 19

  • 1. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
  • 2. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960).
  • 3. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
  • 4. Ins. by s. 11. ibid. (w.e.f. 26-1-1982).
  • 5. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960).

Page 20

  • 1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".
  • 2. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982).
  • 3. Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010).

Page 21

  • 1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f.7-6-2010).
  • 2. Subs. by s. 12, ibid., for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010).
  • 3. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010).
  • 4. Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010).
  • 5. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982).

Page 22

  • 1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010).

Page 23

  • 1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960).
  • 2. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982).

Page 24

  • 1. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982).
  • 2. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010).
  • 3. Sub-section (4) omitted by Act 4 of 2018, s. 3 and the Second Schedule (w.e.f. 5-1-2018).