Presentation is based upon legal requirements as per ISO standard and with reference to Occupational Safety, Health and working condition code 2020.Showcase Documents to be maintained to avoid any legal complications during the execution of project.

1. Project Specific OHS&E
(Occupational Health, Safety and Environment)
Legal and Other Requirements.
BY SAHIL BHUTANI
HSE ENGINEER

2. Reference Documents
OCCUPATIONAL
HEALTH AND SAFETY
CODE 2020
AS PER ISO
45001:2018 & ISO
14001:2015
ORGANIZATION AND
SITE OHSE POLICY
ORGANISATION LEGAL
REGISTER
ORGANISATION OHSE
MANUAL

3. Background
4 Context Of The Organization
4.2 Understanding the needs and
expectations of workers and other
interested parties
The organization shall determine:
c) which of these needs and
expectations are, or could become,
legal requirements and other
requirements.

4. 5 Leadership and worker participation
5.2 OH&S policy
Top management shall establish, implement and
maintain an OH&S policy that:
c) includes a commitment to fulfil legal
requirements and other requirements;
5.4 Consultation and participation of
workers
The organization shall:
d) emphasize the CONSULTATION of non-
managerial workers on the following:
4) determining how to fulfil legal requirements
and other requirements (see 6.1.3);
Background
Please note: OHSE Policy is just for reference Source: Internet

5. 6 Planning
6.1 Actions to address risks and opportunities
When determining the risks and opportunities for the OH&S management system and
its intended outcomes that need to be addressed, the organization shall take into
account:
— legal requirements and other requirements (see 6.1.3).
6.1.3 Determination of legal requirements and other requirements
The organization shall establish, implement and maintain a process(es) to:
a) determine and have access to up-to-date legal requirements and other requirements
that are applicable to its hazards, OH&S risks and OH&S management system;
b) determine how these legal requirements and other requirements apply to the
organization and what needs to be communicated;
c) take these legal requirements and other requirements into account when
establishing, implementing, maintaining and continually improving its OH&S
management system.
The organization shall maintain and retain documented information on its legal
requirements and other requirements and shall ensure that it is updated to reflect
any changes.
NOTE: Legal requirements and other requirements can result in risks and
opportunities
Background
Plan:
Understand the context of the
organization including OH&S risk
and opportunities. Establish OH&S
objectives, processes and
resources required to deliver results
in accordance with the
organizations OH&S Policy.

6. A. Legal requirements can include:
i. legislation (national, regional or international)
including statutes and regulations;
ii. decrees and directives;.
iii. orders issued by regulators;
iv. permits, licenses or other forms of authorization;
v. judgments of courts or administrative tribunals;
vi. treaties, conventions, protocols;
vii. collective bargaining agreements.
A. 6.1.3 Determination of legal requirements and other
requirements
B. Other requirements can include:
i. the organization’s requirements;
ii. contractual conditions;
iii. employment agreements;
iv. agreements with interested parties;
v. agreements with health authorities;
vi. non-regulatory standards, consensus standards
and guidelines;
vii. voluntary principles, codes of practice, technical
specifications, charters;
viii. public commitments of the organization or its
parent organization.

7. Background 7.4.3 External communication
The organization shall externally communicate information relevant to
the OH&S management system, as established by the organization’s
communication process(es) and taking into account its legal
requirements and other requirements.
8.1.3 Management of change
The organization shall establish a process(es) for the implementation
and control of planned temporary and permanent changes that impact
OH&S performance, including:
b) changes to legal requirements and other requirements;
8.1.4.3 Outsourcing
The organization shall ensure that its outsourcing arrangements are
consistent with legal requirements and other requirements and with
achieving the intended outcomes of the OH&S management system.
Do:
Implement the processes as
planned to including worker
participation, hazard
identification and emergency
preparedness.

8. Background
9 Performance evaluation
9.1 Monitoring, measurement, analysis and performance evaluation
The organization shall determine:
a) what needs to be monitored and measured, including:
1) the extent to which legal requirements and other requirements are fulfilled;
NOTE: There can be legal requirements or other requirements (e.g. national or
international standards) concerning the calibration or verification of monitoring
and measuring equipment.
9.1.2 Evaluation of compliance
The organization shall establish, implement and maintain a process(es) for
evaluating compliance with legal requirements and other requirements (see 6.1.3).
The organization shall:
c) maintain knowledge and understanding of its compliance status with legal
requirements and other requirements;
9.3 Management review
The management review shall include consideration of:
b) changes in external and internal issues that are relevant to the OH&S
management system,
including:
2) legal requirements and other requirements
Check:
Monitor, measure and evaluate
OH&S activities and processes.

9. Background
Act:
Take actions to continually improve
to including findings of incidents,
addressing non-conformance and
audit findings.
10 Improvement
10.2 Incident, nonconformity and corrective action
The organization shall establish, implement and maintain a process(es), including
reporting, investigating and taking action, to determine and manage incidents and
nonconformities.
10.3 Continual improvement
The organization shall continually improve the suitability, adequacy and
effectiveness of the OH&S management system, by:
a) enhancing OH&S performance;
b) promoting a culture that supports an OH&S management system;
c) promoting the participation of workers in implementing actions for the
continual improvement of the OH&S management system;
d) communicating the relevant results of continual improvement to workers, and,
where they exist,workers’ representatives;
e) maintaining and retaining documented information as evidence of continual
improvement.

10. /
The Employees’
Compensation Act
1923
The Employees’ State
Insurance Act
1948
The Employees’ Provident
Fund and Miscellaneous
Provisions Act
1952
The Employment Exchange
Act
1959
The Maternity Benefit Act
1961
The Payment of Gratuity Act
1975
The Building and Other
Contruction Workers
Welfare Cess Act
1996
The Unorganised Workers’
Social Security Act
2008
The Petroleum Act, 1934
1934
Building & other construction
Workers (Regulation of
Employment and Conditions of
Service) Act
1996
The Petroleum Rules
2002
The Indian Electricity Act
2003
Bihar Building and other
construction workers (Regulation
of employment and condition of
Service,) (Amendment) Rules
2016
The Gas Cylinder rules, (second
amendment)
2018
The Motor Vehicle Acts
2019
Social Security Code : 9 Laws
OVERVIEW OF STATUTES APPLICABLE TO CONSTRUCTION INDUSTRY

11. 2) Without prejudice to the generality of the provisions of sub-section (1), the duties of an employer shall
particularly in respect of factory, mines, dock, building or other construction work or plantation include—
a) the provision and maintenance of plant and systems of work in the workplace that are safe and without risk to
health;
b) the arrangements in the workplace for ensuring safety and absence of risk to health in connection with the
use, handling, storage and transport of articles and substances;
c) the provision of such information, instruction, training and supervision as are necessary to ensure the health
and safety of all employees at work;
d) the maintenance of all places of work in the workplace in a condition that is safe and without risk to health
and the provision and maintenance of such means of access to, and egress from, such places as are safe and
without such risk;
e) the provision, maintenance or monitoring of such working environment in the workplace for the employees
that is safe, without risk to health as regards facilities and arrangements for their welfare at work.
Occupational Health and Safety Code 2020
The Building and Other Construction Workers Act, 1996

12. (1) It shall be the duty of the architect, project engineer or designer responsible for any building or
other construction work or the design of any project or part thereof relating to such building or other
construction work to ensure that, at the planning stage, due consideration is given to the safety and
health aspects of the building workers and employees who are employed in the erection, operation and
execution of such projects and structures as the case may be.
Duties of Project Engineer

13. Every employee at workplace shall,—
a) Comply take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or
omissions at the workplace;
b) With the safety and health requirements specified in the standards;
c) Co-operate with the employer in meeting the statutory obligations of the employer under this code;
d) If any situation which is unsafe or unhealthy comes to his attention, as soon as practicable, report such situation to his
employer or to the health and safety representative
e) Not wilfully interfere with or misuse or neglect any appliance, convenience or other thing provided at workplace for the
purpose of securing the health, safety and welfare of workers;
f) Not do, wilfully and without reasonable cause, anything, likely to endanger himself or others; and
g) Perform such other duties as may be prescribed by the appropriate Government.
Duties of Employee

14. • The Environment (Protection) Act, 1986 (amended 1991)
• The Environment (Protection) Rules, 1986 (amended 2010)
• The Hazardous and Other Wastes (Management and Transboundary Movement)Rules, 2016
• The Bio-Medical Waste Management Rules, 2016The Recycled Plastics Manufacture and Usage Rules, 1999
(amended 2003)
• The Noise Pollution (Regulation & Control) Rules, 2000 (amended 2010)
• The Ozone Depleting Substances (Regulation & Control) Rules, 2000 (amended 2007)
• The Construction and Demolition Waste Management Rules, 2016
• The Batteries (Management & Handling) Rules, 2001 (amended 2010)
• The Plastic Waste Management Rules, 2016
• The National Green Tribunal Act, 2010
• The E-Waste (Management) Rules, 2016
LEGAL & OTHER REQUIREMENT : ENVIRONMENT

15. Thank You