CHAPTER – 5 Health and Safety
27. Provisions Relating to Health and Safety:
The Proprietor shall make the arrangements in the Enterprise as mentioned below –
(a) To Keep each Enterprise clean and tidy by cleaning daily including with germicidal medicines, necessary arrangements of proper drainage and coloring from time to time and preventing from odor;
(b) To make arrangements for adequate supply of fresh air and light as well as proper temperature in the working rooms;
(c) To make arrangements of removal and disposal of solid waste during production process,
(d) To make arrangements of prevention of accumulation of dust, fume, vapour and other impure materials in working rooms which would adversely affect the health;
(e) To make arrangements of necessary preventive personal devices for protection of health from adverse any other source, and make provisions this would produce less noise during the work process;
(f) To avoid any congestion in the work-room or work place leading to injurious to the health of workers or employees and to avail working space to each worker or employee, according to the nature of the job, or normally fifteen cubic meters and, the height above four meters from the floor surface shall not be counted for such purposes.
(g) To make provisions for sufficient supply of pure potable water during the working hours, and to make arrangement for sufficient water in the Enterprise where chemical substances, are used or produced which may be injurious to the health, for the purpose of extinguishing fire or washing and cleansing during emergency
(h) To make provisions for separate modern type toilets for male and female workers or employees at convenient place;
(i) To declare as non-smoking zone in all or some parts of the Enterprise, according to the nature of its works; and
(j) Too cause to conduct compulsory health check-ups of the workers or employees once every year in the Enterprises where the nature of works is likely to affect the health adversely.
28. Protection of Eyes:
(1) Necessary protective means shall have to be arranged for the protection of eyes of the workers and employees from injuries likely to be caused by dust or pieces while working in the Enterprise using glass, mercury, magnet, pallets, iron, concrete, cement, lime, stone and explosive substances.
(2) Necessary protective devices shall have to be arranged to protect the eyes from harmful rays coming from during the process of welding or gas-cutting, or
other similar works.
29. Protection from Chemical Substance: The Proprietor shall have to make provisions for necessary personal protective devices for the protection of workers or
employees handling chemical substances.
30. Provision for Safety Against Fire:
(1) The Proprietor shall have to make arrangements of necessary modern equipment for safety against fire in each Enterprise.
(2) Provision shall have to be made for easy exit from the Enterprise during emergency.
(3) Other provisions to be made by the Enterprise in relation to safety from fire including fire-fighting devices shall be as prescribed.
31. Hazardous Machines to be fenced:
(1) Strong fences shall have to be placed around every part of hazardous machines, instruments and equipment operated by energy.
(2) In case it is required to do inspecting, lubrication or adjusting any part of hazardous machines during its running condition only experienced and well-
trained adult worker or employee shall have to be engaged to perform such works.
32. In relation to Lifting of Heavy Weight:
(1) No worker or employee shall be engaged in the works of lifting, loading or transporting any load likely to cause physical injury or harm to the health.
(2) The maximum load to be lifted, loaded or transported by an adult, minor, male or female workers or employees shall be as prescribed.
32A. Minor not to be engaged in Works without Adequate Guidelines or of Vocational Training :
(1) No minor shall be engaged in works without adequate directives about the concerned working areas or vocational training.
(2) Provisions with regard to adequate directives about the concerned working areas or vocational training to be given to minors pursuant to Sub-section
(1) shall be as prescribed.
(3) The entrepreneur engaging a minor in work against Sub-section (1) shall be liable to a punishment of imprisonment up to three months in maximum or
a fine of ten thousand rupees in maximum or the both.
32B. Disputes Relating to Age :
(1) In case a dispute arises with regard to age of a minor engaged in an enterprise, the age mentioned in the date of birth certificate of the minor shall be deemed to be his/her actual age.
(2) In case a minor does not have birth registration certificate after having carried out medical tests the age determined by a medical practitioner prescribed by
the Department of Labor shall be deemed to be his/her actual age.
33. Pressure Plants:
(1) In case a machine has to be operated at a pressure more than the atmospheric pressure in course of the production process of any Enterprise,
necessary effective measures shall have to be adopted in a way that such machine will not be operated at a pressure heavier than safe working pressure.
(2) Provisions in relation to testing, certifying and licensing for operation of the machines mentioned in Sub-section (1) shall be as prescribed.
34. Orders to Provide for Safety :
(1) In the situation where provision of safety has not been made which was required to be done pursuant to this Act, in any Enterprise, the Labour Office may issue a written order to the Enterprise giving a reasonable time limit in order to provide and make necessary arrangements thereon within such period.
(2) If the order issued as per Sub-section (1) has not been followed, the Labour Office may, order the closure of such unsafe portion, plant or machinery or
the Enterprise and it shall be the duty of the Enterprise to abide by such order.
35. Notice to be Provided:
(1) Each Enterprise shall have to inform the Labour Office within three days if any worker or employee dies or is injured making him/her disabled to work for more than forty eight hours, from an accident occurred in the Enterprise or for any other reason, and within seven days if such worker or employee has been caught by any disease resulting from the profession.
(2) The authority empowered to investigate the accident or disease mentioned in the information given pursuant sub- section (1), his/her powers,
functions, duties, and the procedures relating thereto shall be as prescribed.
36. Powers to Determine the Standards:
(1) Government of Nepal may prescribe the standards of safety required under this Chapter as per necessity by publishing a notice in Nepal Gazette.
(2) Except those mentioned in Sub-section (1), other provisions relating to health and safety to be adopted while using machinery, instruments or equipment
in the Enterprise shall be as prescribed.