the applicable legal requirement

7/29/2019 The Applicable Legal Requirement

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REGISTER

OF

LEGAL AND OTHER

REQUIREMENTS


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List of applicable laws and regulations

01 The Air (Prevention and Control of Pollution) Act, 1981 A

02 Environmental (Protection) Act, 1986 A

03 The Environmental (Protection) Rules, 1986, amended up to 2008 A

04 Notification on Control of noise from DG sets A

05 The Hazardous Waste (Management & handling) Rules, 1989,

amended up to 2008 A

06 Manufacture, storage and Import of hazardous chemicals Rules,

1989, amended up to 2002. A

07 The Noise pollution (Regulation & Control) rules, 2000 A

08 The Central Motor vehicles Rules, 1989. A

09 Th P l A 1934 A


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LEGAL PROCEDURAL REQUIREMENTS

S.No Act/Rules Regulation / Obligations Relevant

Documents

Current Status Responsibility Remarks

01 The Air (Prevention and Control

of Pollution) Act, 1981/82/83

To Comply with the Conditions in the

consent to establish or consent to

operate.

Follow the Ambient Air QualityStandards for SPM, SOx, NOx, CO

etc.

Furnish information to the HPCB of

any accident or unforeseen act or

event.

Allow entry to the HPCB to ascertain

that provisions of the Act are being

complied with.

Provide access to the HPCB for taking

samples.

To comply with the directions issued

in writing by the HPCB

Dust level

Noise Level

last checked

on

To take consent

CLIENT

On site working

and follow up by

contractor

On site follow up

and documentation

by contractor

Complied


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S.No Act/Rules Regulation / Obligations Applicable area RelevantDocuments

CurrentStatus

Responsibility Remarks

02 Environment

(Protection) Act, 1986,

Rules, 1986

To prevent discharges or emissions

in excess of the prescribed

standards.

To furnish information of any

accidental or unforeseen event.

An Environmental Statement is to

be submitted in the prescribedformat by 30th September every

year

To comply with the directions of

the MoEF/ HPCB. The directions

may include:

i) Closure, Prohibition or regulation

of any activity of CLIENT; or

ii) Stoppage or regulation of thesupply of electricity, water or any

other service.

Allow entry and inspection to

ascertain compliance.

Allow samples to be taken.

Air Monitoring

Noise Monitoring

Water Testing etc.

Environmental

Statement

Water Pollution

and Air Pollution

Standards

Monthly

report on

Env status

sent to

Client

On site

documentation to be

maintained by

contractor and

supervision by

CLIENT shouldprepare

EnvironmentalStatement on basis of

documentation

submitted by

contractor and submit

it to HPCB

Sent by 7th of

every month

03 Notification for Noise

levels for diesel

generator sets

DG sets (above 15kw) should be

provided with acoustic enclosures.

The insersion loss should be at least

25 dB (A) or the ambient noise

level whichever is maximum

D.G. Sets, & other

Plant Machinery

Relevant

Notification

DGs with

Accoustic

Enclosure

s provided

Enclosures for

generators should be

constructed byContractor All Legal

Permissions to be taken

by CLIENT

Complied


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S.No Act/Rules Regulation / Obligations Applicable area Relevant Documents Current

Status


04 The Hazardous Waste

Management &

Handling) Rules,

1989;

To identify the wastes generated and

cover under the regulation (by

referring Schedule 1 & 2)

Obtain Authorization for the

collection, storage, treatment anddisposal of hazardous wastes

Generate inventory of hazardous

wastes in the Form N0.3. Return on

the generated waste is to be filed in

the Form No.4

Follow a Manifest system (according

to the Form 9) for off-site disposal of

hazardous wastes

Labelling and packaging of wastecontainers should be as per Motor

Vehicle Act, Rules for transportation

of haz. Waste

Oil, Grease, Epoxy

& Resin,

Admixture,

Lead/Acid Batteries

etc.

Contractor shouldsubmit bentonite

proper handling &

disposal procedure

and consent should

be taken by

CLIENT.

Being

disposed

off through

CPCB

approved

vendorsonly

Copy of

Form 9

being recdfrom the

vendor.

Legal/Written:

CLIENT. On site

implementation by

contractor

Complied

05 Manufacture, Storage

and Import of

Hazardous chemical,1989,

To identify the chemicals covered

under schedule 1, 2 and 3 of the

regulation (updated monthly)

To identify hazards associated with

CLIENT activity and take adequate

steps for prevention and control.

To provide information, training and

PPEs to the persons handling

hazardous chemicals

. Diesel, Paints etc.

Emergency

Procedure and Plan

MSDS

Safety report.

Onsite emergencyplan

Legal/Written:

CLIENT. On site

implementation bycontractor


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To provide relevant information to

persons liable to be affected by a

major accident.

To submit written report regarding

Notification of Site at least 3months before commencing any

activity (if Schedule 3 is applicable)

To develop information in the formof a Material Safety Data Sheet

(MSDS)

To notify the concerned authorities

within 48 hours of the occurrence of

a major accident.

To label the specified information on

every container of a hazardous

chemicals

To prepare upto date on -siteemergency plan before commencing

a new industrial activity involving

specified chemicals

To conduct mock-drill at least once ina month and report be submitted to

the concerned authorities

Contractor


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S.No Act/Rules Regulation / Obligations Applicable area Relevant Documents Current

Status


06 The Motor Vehicle

Act, 1988.

Central motor

Vehicle Rules

To ensure that transportation of

hazardous materials is taken place

in accordance with the regulation

- Manner of display of class

labels

- Safe transfer of hazardous goods

- Driver to report to the police

station about accidents

Cover the truck &

Vehicle

PUC certificates,

Permission to

transport hazardous

Material or trump

card with vehicle.R.C. book , T.C.

Book & insurance

Certificate of the

vehicle

PUC

certificates

for all

vehicles by

AdmnDept.

ContractorComplied

07 The Petroleum

Act, 1934.

To obtain a permit under the

regulation from the CCE for thequantities of petroleum product (s)

stored

The permit is renewable.

Follow the conditions provided in the

permit

Diesel Storage , Oil

& Grease Storage

NAOil storagebeing less

than 2500litres, no

license

reqd

Contractor

N.A

08 Regulation on

Recycling of waste

oil, spent lead-acidbatteries and non-

ferrous scrap

These materials to be auctioned to

only those recyclers who are

registered with the Ministry ofEnvironment & Forests

Traders should not be involved in

such auctioning/ contract

Oil, Grease, Epoxy

& Resin, Admixture,

Lead/Acid Batteriesetc.

Contractor: On site

implementation and

legal requirement withCLIENT.

Complied

09 Batteries

(Management &

Handling) Rules,

2001

Old batteries need to be returned to

the OEMs

Spent Batteries on

site

Will be sold to

suppliers

Being

returned to

the battery

supplier

Contractor: On site

implementation andlegal requirement with

CLIENT.

Complied


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LEGAL PROCEDURAL REQUIREMENTS

Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996.S. No Act/Rules Regulation / Obligations Applicable area Relevant

Documents

Current

Status


1. Registration ofEstablishment

a) Manner Of Making Application

The application shall be made in triplicate, as

per the standard format.

Every application should be accompanied by a

demand draft of the fees.Application either personally delivered or sent

by post.

On receipt of the application, the registering

officer shall, after noting the date of receipt, grant

an acknowledgement to the applicant.

b) Grant of certificate of registration - afterreceiving the application, The Registering Officer

shall issue a certificate to the applicant within 15

days.

c) Payment of additional fees and amendment of

register etc. when the registering officer is

satisfied that an amount higher than the amount,which has been paid by the employer as fees, he

shall require such employer to pay additional

sums, which together would be equal to the such

amount which is payable for the registration.

d) Condition of registration it shall be non-

transferable, the number of workmen shall not

exceed the maximum limit, the employer shall

submit a written notice to the inspector about the

commencement or completion of work.

e) Fees A fees to be paid for the grant of a

certificate of registration as per the rule.

Admn Head (ADMN)

2. Display Of A copy of the certificate shall be displayed at the Site Office Head(ADMN)


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S. No Act/Rules Regulation / Obligations Applicable area RelevantDocuments

CurrentStatus


RegistrationCertificate AtWorkplace

premises where the construction work is being

carried out.

3. Hours of Work No worker shall be required or allowed to work

for more than nine hours a day or 48 hours aweek. Not allowed to work for continuously 5hours.

Site Office Head(ADMN) Complied

4. Register of Overtime

A register of overtime, for recording therein the

number of hours of, and the wages paid for

overtime work.

ADMN Deptt Head(ADMN) Complied

5. Weekly Rest AndPayment At Rest

No building worker employed in building or

other construction work shall be required or

allowed to work on the rest day unless the will of

the worker or a substitute rest day.

ADMN Deptt Head(ADMN) Complied

6. Night Shift The hours after midnight during which the

worker has worked shall be counted towards the

previous day.

ADMN Deptt Complied

7. Intimation OfCommencementAnd Completion

Every employer shall intimate the inspector in

written, before 30 days, about the commencement

of the work.

ADMN Deptt Complied

8. MaintenanceCommencementAnd Completion

If any change is occurs in any of the particulars

furnished the employer shall intimate such

changes to the employee

ADMN Deptt Complied

9. Register OfPersonsEmployed AsBuildingWorkers

Employer shall maintain in respect of each

registered establishment, where he employs

building workers.

ADMN Deptt Complied

10. Payment of Wages

if less than 1000 workers are employed then all

wages shall be paid before the expiry of the 7th

day or in other case before the expiry of 10th day.

ADMN Deptt Complied


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11. Display OfNotice Of Wagesregarding

The date, place and time of wages to be paid shall

be displayed at the working area in Hindi,

English and local language.

ADMN Deptt Complied

12. Register OfDamage AndLoss

A register of deduction, damage or loss, register

of fines and register of advance shall be

maintained by the employer.

ADMN Deptt Complied

13. Issue of WagesBook

When the wage period is 1 week or more, the

employer shall issue the wage book to each

worker.

ADMN Deptt Complied

14. ServiceCertificate ForEach Workers

Employer shall issue the service certificate to

each of building worker on termination of theservice on account of completion of work or any

other reason.

ADMN Deptt Complied

15. Display AnAbstract OfBOCWA And

BOCWR

Every employer shall display at the conspicuous

places of the work site, an abstract of the Act and

the rules in Hindi, English and local language

understood by the workmen.

ADMN Deptt Complied

16. Annual Return employer shall send annually a return relating to

the establishments to the registering officer so as

to reach him no later than 15th February

following the end of each calendar year with a

copy to the inspector.

ADMN Deptt Complied

17. Drinking Water employer shall provide the sufficient supply ofwholesome water, provided and maintain at

suitable locations for all persons, with properly

marked as Drinking Water.

ADMN Deptt Complied

18. Latrines & Urinals employer shall provide sufficient latrine andurinal accommodation of prescribed type with

properly marked as For Men and For Women

at the suitable locations.

ADMN Deptt Complied

19. Accommodation employer shall provide free of charge with in the

work site or near to it, temporary living

accommodation to the workers for such period till

the construction work in progress.

ADMN Deptt Complied

20. Creches every place wherein more than 50 female workers

are employed, the employer shall provide and

ADMN Deptt Complied


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maintained the room or rooms for the use of

children below the age of 6 years.21. First-Aid Boxes sufficient number of first aid boxes are provided

and maintained, which shall be properly named as

First-Aid, for the workers.

ADMN Deptt Complied

22. Canteens employer shall provide and maintain a canteen inevery place wherein not less than 250 building

workers are ordinarily employed.

ADMN Deptt Complied

23. Food Stuff AndOther ItemsServed In TheCanteen

The food items served in the canteen shall be in

conformity with the normal dietary habits of the

workers.

ADMN Deptt Complied

24. Supply Of TeaAnd Snacks InWork Place

at a work place, situated at a distance of more

than 0.2 Km from the canteen, the arrangements

shall be made by the employer for serving tea and

light snacks at these places.

ADMN Deptt Complied

25. Food ChargesOn No Profit NoLoss Basis

The charges for food and beverages and otheritems served in the canteen should be on no profit

no loss basis and the price list of such items

should be properly displayed.

ADMN Deptt Complied

26. Safety Committee establishments wherein 500 or more workers are

ordinarily employed, there shall be a safety

committee constituted by the employer with such

number of executives as prescribed by the state

government. The main function of the committee

would be to identify the probable cause of

accident and unsafe practices at the work place

and suggest remedial measures.

Safety Deptt Complied

27. Safety Off icer officers of the safety committee shall be

appointed as per the scale, and shall be assisted

by suitable and adequate staff.

Whenever the workers employed are less than

500, such employer may form a group and

appoint a common safety for such groups, with

prior permission of Director General.


28. Reporting OfAccidents And

the injured worker shall be providing first aid Safety Deptt Complied


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DangerousOccurrences

facility and immediately thereafter be transferred

to the hospital for medical treatment. Where any

accident results to death, the notice of such deaths

shall be communicated to the authorities in

written. In case of the failure of any machinery,

which can lead to an accident, shall be keptundisturbed until inspected by the inspector.

29. Procedure ForInquiry In To TheCause OfAccidents

the enquiry shall commence as early as possible

or within 15 days of getting the notice of

accident. The authority may conduct the enquiry

either by himself or by an enquiry officer

appointed by such authority.


30. Responsibi li ty ofOfficer

employer shall be responsible for providing

constant and adequate supervision of any building

or other construction work as to ensure thecompliance with the provision of this act relating

to safety and for taking all practical stepsnecessary to prevent accidents.

Projects Manager Complied

31. ResponsibilityOf Architect,Project EngineerAnd Designers

it shall be the duty of them to ensure any

consideration is given while considering the

safety and health aspects of the workers who are

involved in the erection, operation and execution

of such projects.


32. ResponsibilitiesOf Workmen

it shall be the duty of every building worker to

comply with the requirement of the rules relate to

him, and act and co-operate in carrying out the

requirements of these rules. It shall be theresponsibility of the workers to keep the welfare

facilities provided by the employer in a clean and

hygienic condition.

All deptts Complied

33. ResponsibilityOf Payment OfWages AndCompensation

the employer shall be responsible for payment of

wages and compensation to the worker employed

by him on or before the due date as may be

applicable.

ADMN Deptt Complied

34. Penalties andProcedures

whoever contravenes any other provision of this

act or who fails to comply with any provision of All depttsComplied


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this act, where no express penalty is elsewhere

provided for such contravention or failure, be

punishable with fine.35. Excessive Noise,

Noise Etcemployer shall ensure to protect the workers

against the harmful effect of excessive noise or

vibration at the construction site and the noiselevel in no case exceeds the limits laid down.


36. Fire Protection the construction sites shall be provided with

suitable fire extinguisher, adequate water supply

with ample pressure and the trained persons. The

fire fighting equipment should be properly placed

and inspected at regular interval.


37. Emergency ActionPlan

employer shall ensure at a construction site,

where more than 500 workers are employed,

proper emergency action plan is maintained.


38. Fencing of Motors the employer shall ensure that all motors, gears

shafts and moving part of machinery are securelyfenced of lagged. The fencing of such parts shall

not be removed while such machinery is inmotion.


39. Lifting AndCarrying OfExcessiveWeight

no building worker lifts by hand or carries over-

head any material, tool or appliances exceeding in

weight the maximum limits set out as follows:

All deptts Complied

40. Health, SafetyAndEnvironmentPolicy

every establishment 50 or more building workers

shall prepare a written statement of policy in

respect of health and safety of the workers and

submit the same for the approval of the directorgeneral.

Safety deptt Complied

41. Dangerous AndHarmfulEnvironment

when an internal combustion engine exhaust into

a confined space, suitable measures are to be

taken at such places. No worker is allowed to

enter such places that are likely to bring injuries

to the worker.

All deptts Complied

42. OverheadProjection

the employer shall ensure that the overhead

protection is erected along the periphery of every

All deptts Complied


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building under construction, which shall be of 15

meters in height.43. Slipping,

Tripping,Cutting,Drowning And

Falling Hazard

all passageways, platforms and other places of

construction work shall be kept free from any

such materials which can harm the workers.

All deptts Complied

44. Dust, Gases,Fumes Etc.

the employer shall prevent concentration of dust,gases or fumes by providing suitable means to

control their concentration within the permissible

limit so that they may not cause the health hazard

to any worker.

All deptts Complied

45. CorrosiveSubstance

employer shall ensure that the person, who is

handling the corrosive substances like acids and

alkalis, is provided with suitable protective

equipment. In case of spillage the employer shalltake immediate remedial measures.

All deptts Complied

46. Eye Protection suitable personal protective equipment shall be

provided by the employer to the worker which are

engaged in welding, cutting, chipping or similar

operations.

All deptts Complied

47. Head ProtectionAnd OtherProtectiveApparel

every building worker require to pass through or

working within the areas where there is hazard of

his being struck by falling objects shall be

provided by the safety helmets. If the worker is

working in water or wet concrete, he should be

provided by the water - proof boots.

All deptts Complied

48. Electrical Hazard shall take adequate measure to prevent the workerto directly come into contact with any electrical

equipment or live electrical circuit. The employer

shall display and maintain suitable warning

signals.

All deptts Complied

49. Vehicular Traffic whenever the construction work is being carried

on or is near the proximity of a road, the

employer shall ensure that the construction work

place is barricaded and suitable warning signalsare displayed.

All deptts Complied


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50. Illumination Employer shall ensure that all workplaces where excavation work is doneshall be illuminated according to thenational standard.

Civil Deptt Complied

51. Stacking of

Material

Shall ensure that all building materials

are stored or stacked in a safe andorderly manner to avoid obstruction ofany passageway or place or work.


52. Disposal of Debris Debris are handled and disposed of bya method, which does not causedanger to the safety of a person. Debrisare not allowed to concentrate.


53. Lif ting Appl iancesand Gears

Construction and maintenance oflifting appliances: all appliancesincluding their parts, whether fixed ormovable shall be of sound materialand adequate strength.

Test and periodical examination oflifting appliances

Automatic safe load indicators:proper warning signal shall be there.

Installation: shall be by trainedperson and such appliances cannotbe displaced by the load, vibration orother influences.

Winches: shall not be used if control

levers operate with excessive frictionor play.

Buckets: tip-up buckets shall beequipped with a device thateffectively prevents accidentaltipping.

Identification and marking of safeworking load: every lifting applianceshall be marked with its safe working

Crane SupplyingAgencies

Complied


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load capacity.

Loading of lifting appliances andlifting gears: no lifting appliancesshall be used in an unsafe mannerand shall not be operated beyond

their loading capacity. Operators cab or cabin: shall be

made up of fire resistant materialwith a comfortable seat withadequate view.

Operation of lifting appliances: theoperator posses adequate skill andtraining in the operation.

Hoists: hoist tower shall be designedaccording to the national standard.

Fencing of and means of access tolifting appliances: the operatorsplatform on every appliance issecurely fenced and is provided withsafe means of access.

Rigging of derricks: every derrickshall have current and relevantrigging plans for safe rigging of suchderricks.

Securing of derrick foot: appropriatemeasures shall be taken to preventthe foot of a derrick being lifted outof its socket or support.

Construction and maintenance oflifting gear: shall be of good design,adequate strength and soundmaterial to perform the work.

Test and periodical examination oflifting gear

Ropes: shall be of good strength and


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free from patent defects.

Hear treatment of lifting gear.

Certificate to be issued after actualtesting and examination etc.

Register of periodical test,

examination and certificates thereof Vacuum and magnetic lifting gear:

no such gear or any other such gearshall be used which uses adhesivepower, is used while workers areworking beneath such gear.

Knotting of chains and wire ropes: nochain or wire rope shall be used witha knot in it.

Carrying on persons by means of

lifting appliances, etc.: no buildingworker shall be raised, lowered orcarried by a power driven liftingappliance.

Hoists carrying persons: a hoistcarries no worker unless it isprovided with a cage.

Attachment of loads: when a sling isused to hoist long material, a liftingbeam is used to space the sling legsfor proper balance.

Qualification of operator of liftingwinches and of signaler, etc.: shall beabove 18 yrs. of age and possess theknowledge of the inherent riskinvolved in the operation.

54. TransportEquipment

Earth moving equipment andvehicles: all vehicles shall be of goodmaterial and proper design and ofsufficient size to carry the containers.

Civil Deptt


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All such vehicles are inspected atleast once a week.

Power shovels and excavators: ashovel or an excavation used forwork is constructed, installed,

operated, tested and examined asrequired under the law.

General safety: every vehicle or earthmoving equipment shall be equippedwith silencer, tail lights, power andhand brakes, reversing alarm, etc.

55. Ladders and StepLadders

Construction and safe use: shall be ofadequate strength and of soundmaterial and constructed accordingto the national standard. These

ladders shall not slip. Rungs: no ladder is used which has a

missing or defective rung or a rungwhich solely depends upon nails.Spikes or other similar fixing.

Material for ladder: are constructedupright of adequate strength and aremade of straight-gained wood, freefrom defects and having the grains ofsuch wood running lengthwise.

Concerned Deptt

56. Stacking and

Unstacking

Stacking and unstacking of material

and articles: stacking of material ismade on firm foundation not liable tosettle and deviate such material anddoes not overload the floor on whichsuch stack is made. Stacks, whichmay lean heavily or becomeunstable, shall be barricaded.

Stacking of cement and othermaterial bags: such stack pile shall

Concerned Deptt


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not be more than ten bags in heightunless a support is provided. Bagscontaining cement or lime should bestored in dry place.

57. Medical

Examination forBuilding andOtherConstructionWorker, CraneOperator andTransport VehicleDrivers

Medical examination shall be done by

such medical officers or at suchhospitals, which are approved bycentral/state government.

Safety Deptt

58. Charging of Worker forMedicalExamination

No worker shall be charged for medicalexamination and the cost of suchexaminations shall be borne by theemployer.

Admn Deptt

59. Ambulance Vanand Room If 500 or less workers are employed theemployer shall provide the ambulanceroom at construction site or anarrangement with the nearby hospital.In case of more than 500 employees,the employer shall provide anambulance.

Safety Deptt

60. Stretchers The employer shall ensure that sufficientnumbers of stretchers are provided atthe construction site.

Safety Deptt

61. Occupational

Health Service forBuilding Workers

A special medical service or an

occupational health shall be availableat the construction site and suchservice shall provide first aid andemergency treatment, periodicalmedical examinations and training tothe workers.

Safety Deptt

62. Emergency CareService andEmergencyTreatment

The employer shall ensure that speciallife saving aids and appliances areprovided to handle the emergency


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conditions.63. Power of

Inspectorsthe inspector may examine theconstruction site, take photographs,video clips, samples as he mayconsider necessary for

the purpose of any enquiry. He mayhold an enquiry into the cause of anyaccident and may file in a court having

jurisdiction, a complaint or otheroffence.

Client Requirements

64. Monthly Report Monthly Report on SHE Statistics to be sent by 7

th of every month

Complied Safety Deptt

65. Report ofDangerous

Occurence

Report of Dangerous occurrence to be sent to

Client/Local Concern Authority within 24 hrs

NA Safety Deptt