(1) A person shall not be eligible for appointment as a Safety Officer unless, he — __________________________________________________________________________________ 1 Vide the Tamil Nadu Government Gazette, Pt. 111, sec. 1 (a) Issue No. 49, dated the 21st December, 2005, at p. 180.
* With effect from 11th April, 2007, vide GO. Ms. NO. 69, Labour and Employment, (M-2) dated 11th April, 2007.
(a) possesses a recognised degree in any branch of Engineering or Technology and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than two years, or is a member or an associate member of the Institution of Engineers (India) and has had practical experience of working in a factory in a supervisory capacity for a period of not less than five years, or possesses a recognised degree in Physics or Chemistry and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years, or possesses a recognised diploma in any branch of Engineering or Techno-logy and has had a practical experience of working in a factory in a supervisory capacity for a period of not less than five years ;
1[(b) possesses any Diploma in industrial Safety conducted by any Institute under the Directorate General, Factory Advice Service and Labour Institutes (DGFASLI), Ministry of Labour and Employment, Government of India or possesses a full time degree or a full time Diploma in Industrial Safety and duration of not less than one year awarded by any University incorporated under the Central or State Acts or Department of Technical Education or Board of Technical Education of any State / Union Territories / Government of India; and]
(c) has adequate knowledge of Tamil language.
(2) Notwithstanding the provisions contained in sub-rule (1), any person who possesses a recognised degree in Engineering or Technology and has had an experience of not less than five years in a department of the Central or State Government which deals with the administration of the Factories Act, 1948 (Central Act LXIII of 1948), or the Indian Dock Labourers Act, 1934 (Central Act XIX of 1934), or possesses a recognised degree in Engineering or Technology and has had an experience of not less than five years, full time in training, education, consultancy or research in the field of accident prevention in industry or in any institution shall be eligible for appointment as a Safety Officer :
Provided that the State Government may, subject to such conditions as they may specify, grant exemption from the requirements of sub-rule (1), excepting clause (c) of sub-rule
(1) , if in their opinion that a suitable person possessing the necessary qualifications and experience is not available for such appointment :
Provided further that the State Government may, subject to such conditions as they may specify, relax all or any of the above said qualifications excepting clause (c) of sub-rule
(1), in favour of any person who has been working as a Safety Officer in any factory.
2[Provided also that the occupier shall ensure that the Safety Officer appointed in the factory acquires adequate knowledge of the language spoken by majority of the workers in the factory within one year from the date of such appointment.]
__________________________________________________________________________________ 1 Subs. by G.O. Ms. No. 150, Labour Welfare and Skill Development (M2), 15th September 2023.
2Ins. by G.O. Ms. No. 150, Labour Welfare and Skill Development (M2), 15th September 2023.
(vide the Tamil Nadu Government Gazette, Pt. 111, sec. 1 (a) Issue No. 41, dated the 11th October, 2023, at p. 88.)
(3) No person who is directly or indirectly interested in any factory or in any patent or machinery connected with it, shall be appointed as a Safety Officer or shall be allowed to hold such office after he becomes so interested.
Explanation. - For the purposes of this sub-rule, any person holding two percent. or more of the shares of a company, owning the factory shall be deemed to be directly or indirectly interested .