PERMIT TO WORK (PTW) / CHECKLIST
As per BOCW Act, 1996 & Maharashtra BOCW Rules
1. Contractor to Follow All Client Permit & Checklist Systems
Legal Reference
- Section 12 – Duties of contractor
- Section 44 – Responsibility of employer
BOCW Legal Requirement
- Every contractor shall comply with all safety systems, procedures, formats and controls prescribed by the employer.
- The employer has statutory authority to define safe systems of work, including Permit to Work (PTW) and checklists.
PTW system is legally recognised as part of a “Safe System of Work” under BOCW.
2. PTW Mandatory for Identified Hazardous Activities
Legal Reference
- Section 38 – Safety & health measures
- Section 39 – Dangerous & hazardous operations
Maharashtra BOCW Rules – Rule 35, 36, 40, 44
BOCW Requirement
- Preventive controls must be established before commencement of hazardous work.
- PTW is a statutory preventive mechanism for controlling high-risk activities.
- Activities Requiring PTW (Indicative List)
PTW shall be mandatory for:
- Work at height
- Hot work (cutting, welding, gas work)
- Confined space entry
- Liftng & crane operations
- Electrical work (LT / HT)
- Excavation & trenching
- Demolition activities
- Night / extended hour working
The Act mandates hazard control prior to execution of dangerous work.
3. PTW Implementation & Record Maintenance
Legal Reference
- Section 38 – Safety measures
- Section 46 – Registers & records
Maharashtra BOCW Rules
- Rule 241 – Maintenance of records
Legal Requirement
PTW shall be:
- Issued before commencement of work
- Available at the work location
- Maintained as a safety record
- Produced to inspectors on demand
PTW is legally treated as a statutory safety document.
4. Late-Night / Extended Working Only After Prior Intimation & Permission
Legal Reference
- Section 28 – Hours of work & rest
- Section 38 – Safety measures
Maharashtra BOCW Rules
- Rule 25 & 26
Legal Requirement
- For night or extended working hours, the employer must ensure:
- Adequate lighting
- Proper supervision
- First-aid & emergency arrangements
- Fatigue and rest management
Prior approval/intimation is mandatory to ensure statutory safety compliance.
5. Employer / Project In-Charge as PTW Approval Authority
Legal Reference
- Section 44 – Responsibility of employer
Legal Position:
The employer or his authorized representative (Project In-charge / Site Manager / EHS Officer) has statutory authority to:
- Grant PTW
- Impose safety conditions
- Suspend or withdraw PTW
- Stop work in unsafe situations
Authority to control work execution is vested with the employer under BOCW.
6. Consequence of Working Without PTW
Legal Reference
- Section 47 – Penalty for contravention
Legal Impact
- Execution of hazardous work without PTW constitutes:
- Violation of Section 38
- Statutory non-compliance
Penalty, prosecution and work stoppage may be imposed on:
- Contractor
- Employer (if supervisory failure exists)
Non-PTW work is a punishable offence under BOCW.
Audit-Ready Compliance Statement
Permit To Work (PTW) system is implemented as a preventive safety control in compliance with Sections 12, 28, 38, 39, 44, 46 and 47 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 read with applicable Maharashtra BOCW Rules.
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