Nepal
LABOUR
ACT, 2048 ( 1992 )
Occupational Safety and Health
The main labour laws in Nepal covering working conditions,
safety
and health are the Labour Act, 2048(1992) and Labour Rules,
2050(1993). The Labour Act contains provisions on conditions
of
work, workmen's compensation, leave and holidays, safety and
health, minimum wage fixation and settlement of labour
disputes.
New provisions in this law relate to special benefits for
workers
employed in construction, transport, hotels, tea estates and
travel establishments and those engaged in tourist business
such
as trekking, rafting and jungle safari.
Statutory Provisions of the Labour Act 2048 ( 1992 )
regarding Occupational Safety and Health
CHAPTER-5: Health and
Safety
27. Provision 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 colouring from time
to time and
preventing from odour;
(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 persona
devices for
protection of health from adverse effect of
noise
emanating during work process or from any other
source, and
make provisions which 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 to produced which may be injurious
to the
health, for the purpose of extinguishing fire to
washing and
cleansing during emergency situations;
(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) To cause to conduct compulsory
health check-ups of the
workers or
employees once every year ln the Enterprises
where the
nature of works is likely to affect the health
adversely.
28. Protection of Eves:
(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, cements 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 Provision to be made by the
Enterprise in relation
to safety
from fire including fire fighting devices
shall be as
Described.
31. Hazardous Machines to be fenced:
(1) Strong or every parts of fences
shall have lo be place
around
hazardous machines, instruments and equipment
operated by
energy.
(2) In case it is required to do
inspecting, lubricating 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
Described.
33. Pressure Plants:
(1) In case a machine has to be
operated at a pressure more
than the
atmospheric pressure in course of the
productions
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. Order to provide for Safety:
(1) In the situation where no
provision of safety has not
been made
which was required to be done as per 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
there on
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 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 powers, functions, duties, and the
procedures
relating their to shall be as prescribed.
36. Powers to Determine the Standards:
(1) His Majesty's Government 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 Described.
CHAPTER-7: Special Provisions
to be
Applicable to special Type of Enterprise
45. Tea-Estate:
(1) The special provision mentioned as
below shall applicable
in resPect of the
tea estates:
(c)
Provisions of PrimarY Health Care: The Proprietor
shall have to establish a Primary Health Care
Centre under the responsibility of a trained
employee in order to provide free primary treatment
of minor injuries to the workers and employees
engaged within the tea estate and to the members of
their family.
(d) Safety
Devices: The Proprietor shall have to
provide safety devices and equipment required for
personal protection of the workers of the tea
estate.
46. Construction Business:
The following special provisions shall apply in
respect of the
construction business:-
(c) Accident Insurance: The proprietor
shall have to insure
all workers engaged
in the construction site against
accident in the way
as prescribed.
(d) Safety Arrangements:
(i) The
Proprietor shall have to make necessary and
adequate arrangements of safety at the sites of
construction works.
(ii) The
Proprietor shall have to arrange of personal
protective equipment necessary for the workers
engaged in construction works.
47. Transportation Business:
(1) The following special provisions shall
apply in respect
of the
Transportation Business:-
(d) Accident
Insurance: The Proprietor shall insure all
workers and employees engaged in the
vehicle
operation against accident in the manner
as
prescribed.
(e) First Aid
Materials: The operator of transportation
business shall keep sufficient medicines and
materials of first aid treatment in each vehicle.
48. Business of hotel. Travel. Trekking. Adventure. Rafting.
Jungle Safari etc:
The following special provisions shall apply in
respect of the
business of hotel. travel. trekking. adventure.
rafting
jungle safari, etc:
(b) Safety of Workers or Employees engaged
in Trekking or
Rafting:
(i) The
Proprietor shall compulsorily have to make
arrangement, as per necessity, for personal
protective equipment and necessary clothing, shoes
and other articles for protection of health of the
workers or employees engaged in trekking, rafting
or other adventures sports.
(ii) It shall
be the responsibility of the concerned
Proprietor to rescue or cause to rescue operation
as may be required.
(c) Accident Insurance: The Proprietor
shall insure all
workers and
employees engaged in trekking, rafting,
jungle safari or
other adventure sport against accident
in the way as
prescribed.
(e) Provisions for First Aid: The
Proprietor shall have to
avail adequate
supply of medicines and materials of first
aid while sending
the workers or employees engaged in
trekking, rafting
or other adventures sport to work-
sites.
Statutory Provisions of the Labour Rules, 2050
( 1993 )
regarding Occupational Safety and Health
CHAPTER-3: Remuneration and Welfare
15. Compensation against injury:
(l)In case a worker or employee is injure
while doing a work
designated by Enterprise,
the whole amount incurred on
his treatment, shall be
provided by the Proprietor, as
compensation, to such
worker or employee on
recommendation of the
Doctor recognized by His Majesty's
Government.
(2)In case a worker or employee after being
injured in
course of doing the works
designated by the Enterprise is
unable to work and is
required to undergo treatment
staying on home or
Hospital the Proprietor shall have to
provide also the full
remuneration is case of treatment
done is Hospital, half
remuneration in case of treatment
undergone in home for
that period, in addition to the
compensation to be
provided pursuant to Sub-rule(1).
Provided that the
Proprietor need not provide any
remuneration for the
period for more than one year in
case the treatment has to
be undergone for more than one
period.
16. Compensation in case of grievous hurt resulting in
physical
disability:
(1)In case any worker of employee is
grievously hurt leading
to the physical
disability while doing the works
designated by the
Enterprise, then such worker or
employee shall be paid by
the Proprietor a lump sum
equivalent to his five
years remuneration at the rate of
his current remuneration,
if the disability of the worker
or employees is of 100
percent, which being determined on
the basis of percentage
of disability as mentioned in the
Schedule.
(2)While giving compensation for the injury
leading to the
disablement, by the
Proprietor to the concerned worker or
employee pursuant to this
rule, the compensation amount
payable equivalent to the
percentage of the disablement
as mentioned in Schedule
assuming 5 years of remuneration
amount for the 100
percent disablement.
17. Compensation in case of death: If any worker or employee
dies
immediately or during treatment as a result
of an accident
while doing the works designated by the
Enterprise,
compensation equivalent to three years
remuneration of the
deceased shall be provided by the
Proprietor, in lumpsum to
the nearest heir of the deceased worker or
employee.
18. Determination of the percentage of disablement: In case
any
worker or employee is injure leading to
physical disablement
as a result of an accident while working in
the Enterprise,
the Factory Inspector after getting
determined the percentage
of disablement of such worker or employee
as mentioned in
schedule from the Doctor recognized by His
Majesty's
Government shall get the compensation paid
to such worker or
employee by Proprietor pursuant to rule 16.
Provided that the determination of
percentage of disablement
of worker or employee shall not be more
than 100 percent.
19.Circumstances not receiving compensation: In case a worker
or
employee dies or injured leading to physical
disablement, due
to natural calamities while working the work
designated by the
Enterprise, the heir of such worker or employee
shall not be
entitled to compensation pursuant to this
Regulation.
20. Double compensation shall not be received: In case any
Enterprise has done any sorts of insurance
of its workers or
employees, then such worker or employee
shall get only either
the compensation amount pursuant to this
regulation or the
compensation amount of insurance, whichever
is greater.
27. Medical Expenses:
(1)The Proprietor shall have to arrange for
equipments and
medicines for the
immediate treatment of worker or
employee in case of
injury while working in the
Enterprise.
(2)In case any worker or employee is
injured while working
in any Enterprise where
fifty or more than fifty workers
or employees work at a
time, the Proprietor shall have
to arrange a person having
general knowledge thereof, for
the immediate treatment.
(3)The Proprietor shall have to arrange a
Medical Treatment
Centre including the
medicines and equipments of first
aid in the responsibility
of a trained or experienced
Health Assistant, in the
Enterprise where four hundreds
or morn than four hundred
workers or employees work.
(4)The Proprietor shall have to arrange a
Health Centre,
including a doctor and
Health Assistant along with
necessary medicines and
equipments of first aid in the
Enterprise where one
thousand and more than one thousand
workers or employees
work.
31. Sick Leave:
(1) The workers or employees served
continuously one year in
the Enterprise,
shall be entitled to sick leave with half
pay for up to 15
days in one year.
(2) The Proprietor shall require to submit
a certificate from
the doctor
recognized by His Majesty's Government while
approving the home
leave of any worker or employee for
more than three
days.
(3) Incase any worker or employee has
fallen sick, he has to
provide the notice
thereof to the proprietor by the
fastest means
available.
CHAPTER-4: Provisions relating
to health, Cleanliness and Safety
38. Provision for safety against Fire: The proprietor shall
have
to arrange the following measures in the
Enterprise for
protection from the fire.
(a) Fire extinguishing devices shall have
to be placed in the
proper place, as
necessitated, for the protection from
fire
(b) The hotch pipe, in addition to the
Hydrant point shall
have to be arranged
in a way of reaching sufficient
pressurized water
in the factory, as necessitated.
(c) Arrangements of emergency exit shall be
made for moving
in the situation of
fire and no objects shall be placed
in a way of
obstructing that exit.
(d) The fire alarm or any sound signalling
device shall have
to be arranged for
making alert to every body in case of
fire.
(e) The devices to be used in fire
extinguishing shall have
to be inspected and
tested at least once in a year and
the record has to
be maintained thereof.
(f) Enterprise using explosives like gun
powder,
nitroglycerine,
dynamic, gun cotton, blasting powder,
mercury or other
metal fulutade, fog signal fuse, rocket,
percussion cap,
detonator, cartridge or such other
explosive specified
by His Majesty's Government by a
notification
published in the Nepal Gazette, shall have
to store them
safety far from dense population and the
skilled persons
having special knowledge shall have to
be deployed with
moving and using such objects.
39. Limitation of load carrying:
1. The workers shall not be allowed to lift or
move or carry
load exceeding the following
limit:
(a) Adult
male
55 Kg.
(b) Adult
female
45 Kg.
(c) Minor male (16-18
years)
25 Kg.
(d) Minor female (16-18
years)
20 Kg.
(e) Minor male and female (14-16
years) 15 Kg.
2. Notwithstanding anything mentioned in clause
(a) of Sub-
Rule (1), the above limitation
of weight with respect to
lifting, moving or carrying the
packed load by any adult
male worker shall not be
applicable.
40. Testing of Pressure Plant:
(1) While testing any pressure plant
pursuant to Section 33
of the Act, the
testing shall be done keeping attention
in the following
matters:
(a) Good
assembling and sufficiently strong.
(b) Keeping
in safe manner maintaining the pressure
plant in proper way.
(c) Following
equipments need to be installed in
pressure plant;
(2) Safety valve or any other sort of
equipment installed in
a way not allowing
to operate in the pressure exceeding
than the pressure
authorized by license.
(3) Proper pressure gaze need to be
installed for reading the
pressure operated
in the pressure vessel.
(4) Fixed operating pressure shall have to
be indicated by
red colour in the
pressure gaze.
(5) Drain cock of valve equipment shall
have to be installed
in lower part of
pressure vessel for draining the liquid
remained in it.
(6) There shall be appropriate steam valves
for separating
pressure vessel
system with other vessels or any other
sources creating
pressure, at any time.
(7) The safety valve and pressure gazed
shall have to be
installed
compulsorily in all ceasing cylinders,
digesters, steam
jacket pans and in vessels to be used
in other pressure.
(8) In addition to the arrangements mentioned as
above, any
other proper devices
shall have to be installed according
to the nature of pressure
plant.
41. License of Pressure Plant to be provided: The Factory
Inspector, after testing the pressure plant
and on the basis
of capacity and condition of the equipments
installed on it
shall have to issue license not exceeding
for one financial
year specifying the working pressure. While
renewing the
license issued in such manner, it shall not
be provided
without re-testing it.
42. Particulars to be mentioned in license:
(1) Following matters shall have to be
mentioned in the
pressure plant:
(a) Name and
address of Enterprise
(b) Trade
mark, model number and production date,
(c) Type of
pressure vessel and the fuel to be used in
its operation.
(d) Condition
of equipments installed in pressure
vessel.
(e) Date of
issuance and period of license,
(f) Hydraulic
tested papers
(g) Condition
of fusible plug,
(h) Any other
necessary matters.
(2) The copy of the license issued by
Factory Inspector
pursuant to
Sub-Rule (l) shall have to be send to the
concerned Labour
Office and Department of Labour.
(3) The pressure plant shall have to be
operate by the
trained or
experienced person.
(4) The Enterprise shall not to operate
Boiler, Pressurized
vessel or any other
devices to be operated in pressure
more than
atmospheric pressure without receiving license
from the Factory
Inspector.
(5) In case there is doubt of not
functioning of device while
operating it within
the period of its license provided
for operation, a
notice thereof shall have to he provided
immediatelY to be
the concerned FactorY Inspector.
43. Use of machinery, tools or equipment:
(1)While using the machinery, tools or
equipment pursuant to
Sub-section (2) of
Section 36 of the Act, it shall be
done in the following
manner.
(a) The
hydraulic press and other press to be operated
by other devices, milling machines to be used in
metal industry, Ligotine machine, circular sleton
printing machine etc. shall have to be operate by
trained and experienced person.
(b)
Arrangement of proper fencing shall have to be made
for security, near by wheel, belt, belt operating
instrument, gear, drum, clutch, driving belt or
power generator for operating machine, and any
other dangerous means for operating energy.
(c) While
doing gas welding or arch welding or any
other such works, it shall be done in separate
place in a way not affecting general public.
(d) The
equipments and tools to be used in repair and
maintenance should be in good condition.
(e) The
electricity transmission line used for
operating equipments should be in good condition.
(f) The
separate parking or safe place for storing
goods shall have to be arranged in a way not
affecting general public, while operating workshop.
(2) No minor, who has not attained the age
of 16 years shall
be engaged in the
works leading to adverse effects in
health or in
dangerous machines or in machines as
mentioned in clause
(a) of Sub-Rule (1).
44. Investigation of accident or profession disease:
(1)After getting information of accident or
professional
disease pursuant to
Section 35 of the Act, and in case it
is required to
investigate and make inquiry to that
respect, the Labour
office may designate an Inquiry
officer.
(2) The powers, functions of the Inquiry
officer designated
pursuant to
Sub-Rule (1) shall be as follows:
(a) To
collect necessary information concerned with
spot or from concerned person, to collect necessary
information, to cause to produce the necessary
documents, to take statements etc.
(b) After
making an inquiry pursuant to clause (a), a
report shall have to be submitted before the Labour
office within the time specified by Labour office.
(3) In case it is seen to affect the health
of the worker or
employee by the use
of any material necessary for the
production process
of the Enterprise, it may be tested
by the officer
designated by Labour office after
collecting its
sample and properly packed it in bottle.
His Majesty's
Government may issue necessary directives
to the Proprietor,
if it is proved to be of injurious to
health.
Specifying the degree of Disablement
S.No. Particular of the
Injury
Disablement in
percentage
01 Loss of two
limbs
100
02 Loss of two hands
or loss of all fingers 100
along
with Palm
03 In case of loss
of total
sight
100
04 Total
paralysis
100
05. In case of permanent
sickness as a result 100
of in
jury
06 In case of loss
of other eye of one eyed 100
person
07 In case of loss
of other arm of one armed 100
person
08 In case of loss
of other foot of one footed 100
person
09 In case of loss
of one foot and one arm 100
10 In case of total
and permanent disablement 100
because
of any other injury
11 In case of total
deaf
100
Condition of amputation of one Arm
12. Amputation of Shoulder
joint
80
13 In case the arm
is amputed from the middle of 70
Shoulder and elbow
14 In case of loss
of arm from the
elbow 70
15 In case of loss
of arm from the middle of 70
elbow
and wrist
16 In case of loss
of hand from
wrist
60
17 In case of loss
of four fingers and along 60
with
thumb of one hand
18 In case of loss
of four fingers except thumb 60
19 In case of loss
of two flanks of the thumb 30
20 In case of loss
of one flanks of the thumb 20
21 In case of loss
of three flanks of
the 14
pointing finger
22 In case of loss
of two flanks of the pointing 11
finger
23 In case of loss
of one flank of the pointing 9
finger
24 In case of loss
of three flanks of the middle 12
finger
25 In case of loss
of two flanks of the middle 7
finger
26 In case of loss
of one flank of the middle 7
finger
27 In case of loss
of three flanks fourth and 7
fifth
finger
28 In case of loss
of two flanks of fourth and 6
fifth
finger
29 In case of loss
of one flank in both the fourth 5
and
fifth finger
30 In case of
additional loss in first or second 5
meta
carpal
31 In case of
additional loss in third, fourth of 5
fifth
meta carPal
Condition of amputation
of any one or of both the legs
32 In case both the
thigh are amputed from the
middle
or in case the leg is amputed from the
middle
of one thigh leading to the loss of leg
of
other side or the organ is amputed below from
both
the
knees
100
33 In case the legs
are amputed 5 inch below from 100
both
the knees
34 In case the leg
is amputed 5 inch below from one 100
knee
leading to the loss of another foot
35 In case there are
only stump knees and are bearing 100
only
after both the feet are amputed
36 In case there is
amputation from upper joint of 90
metatarsophelongial joint of both feet
37 In case there is
loss in all the fingers below 80
metatarsophelongial joint of both the feet
38 In case there is
loss upon all fingers of both 40
the
feet from the proximal
39 In case there is
only loss in lower part
from 20
proximal interphelongial joint of all the fingers
of both
the feet
40 In case there is
amputation from middle of hip 90
joint
41 In case there is
amputation down wards to hip joint
but if
the stump of remaining leg is less than 5
inch
from troancter
joint
80
42 In case the leg
is amputed not reaching below the
middle
of the thigh in a way that there is stump
below
the hip joint which is 5 inch more than the
troancter
joint
70
43 In case there is
amputation in below from middle
of the
thigh up to knee in a way not being more
than 3
1/2 inch
to
60
44 In case there is
amputation in leg below the knee
and the
stump below the knee is of between 3 1/2
inch of
5
inch
50
45 In case there is
amputation in leg below the knee
and the
stump is 5 inch long below from the knee 50
46 In case there is
stump for aid bearing after total
amputation in one
leg
40
47 In case there is
amputation in one leg only from
Proximal metatarsophelongial
joint
40
48 In case all the
fingers of one leg are amputed from
proximal metatarsophelongial joint or are amputed
from
middle of metatarsophelongial
joint
20
49 In case of loss
of both the flanks of the toes of
the
feet
10
10
50 In case of loss
of one flank of one toe of feet 3
51 In case of loss
of some portion of toe including
its
bone
3
3
52 In case of loss
of finger other than toe
3(each)
53 In case of loss
of any portion of any finger of
feet
including bone other than
toe
1
Other Special Injuries
54 In case of loss
but not complicated, to
another
eye,when one eye was in normal condition 40
55 In case of loss
in sight or loss in retina of other
eye
when one eye's sight was in normal condition 30
56 In case of loss
of hearing power of one
ear 20
Total recovery to be created in limbs and
joints after injury
57
Spine
30
58 Shoulder
joint
40
59
Elbow
40
60
Wrist
30
61 Proximal and
distal radio ulnar
joint
30
62 Thumb (First
Metacarpal flanks
joint)
63
63 One joint of any
one finger other than of thumb 3
64 All the joint of
any one finger other than of thumb 10
65 All the joint of
all fingers including of thumb 40
66 Hip
Joint
40
67
Knee
19
68
Ankle
19
69 Joint below tails
bone
19
70 Toe (First Meta
flanks
joint)
19
71 Joints of other
fingers of feet other than toe 10
Paralysis of limbs or only of any part of
body after injury
72 Total paralysis
as a result of injury in spinal 100
chord
Total paralysis of the following limbs
73 Breakial
Plexus
70
74 Radial
Nerve
50
75 Median
Nerve
40
76 Ulnar
Nerve
40
77 Syatic
Nerve
70
78 Medial Paplitial
Nerve
40
79 Lateral Paplitial
Nerve
30
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