PROVISIONS RELATING TO HAZARDOUS PROCESSES

Special provisions regarding workers working in hazardous processes under Factories Act ? 

PROVISIONS RELATING TO HAZARDOUS PROCESSES (Sections 41A TO 41H)

The Factories Act, 1948 under the heading "Provisions relating to hazardous processes" enumerates the various provisions in context to the hazardous processes.

The object of provisions: 

- to appoint a Site Appraisal Committee that shall grant permission for location of a factory involving a hazardous process.

- to ensure that proper disclosures are done by the occupier of every factory where hazardous processes are carried on.

- to ensure proper precautions are taken by the occupier of a factory regarding the hazardous processes, such as maintenance of health records of workers involved in such processes, etc

The provisions regarding hazardous processes under sections 41 A to 41 H are as follows-

(1) CONSTITUTION OF SITE APPRAISAL COMMITTEE (SECTION 41 A) 

For the purpose of granting permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, the State Govt. may appoint a Se Appraisal committee consisting of

(a) The Chief Inspector of the State who shall be its Chairman:

(b) A representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); 

(c) A representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981): 

(d) A representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974): 

(e) A representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981):

(f) A representative of the Department of Environment in the State: 

(g) A representative of the Meteorological Department of the Government of India:

(h) An expert in the field of occupational health; and

(i) A representative of the Town Planning Department of the State Government. 

and not more than five other members who may be co-opted by the State Government who shall be - 

(i) A scientist having specialized knowledge of the hazardous process which will be involved in the factory.

(ii) A representative of the local authority within whose jurisdiction the factory is to be established, and

(iii) Not more than three other persons as deemed fit by the State Government.

Duties of the Site Appraisal Committee 

The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form.

- Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee.

- The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process.

- Where the State Government has granted approval to an application to the establishment or expansion of a factory involving a hazardous process, it shall be necessary for an applicant to obtain a further approval from the Central Board of State Board established under the Water (Prevention and Control of Pollution 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (144 1981).

(2) COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER [SECTION 41 B] 

- The Occupier of every factory involving a hazardous process shall disclose information regarding dangers, including health hazards and the measures overcome such hazards arising from the exposure to or handling of the materials substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory the Chief Inspector, the local authority within who jurisdiction the factory is situate and the general public in the vicinity.

- The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy.

- The information furnished shall include accurate information as to the quantity. specifications and other characteristics of waste and the manner of their disposal. 

- Every occupier shall, with the approval of the Chief Inspector, draw up an on-se emergency plan and detailed disaster control measures for his factory and mar known to the workers employed and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place.

- Every occupier of factory shall,

(a) If such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 (20 of 1987), within a period of thirty days of such commencement; and

(b) If such factory process to engage in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process,

Inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. 

- Where any occupier of a factory contravenes the provisions of Section 41B(5) the license issued under section 6 to such factory shall notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Act be liable for cancellation. 

- The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity.

(3) SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSES [SECTION 41 C] 

Every occupier of a factory involving and hazardous process shall 

- Maintain accurate and up-to-date health records of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers:
- Appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers.

Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final;

• Provide for medical examination of every worker 

(i) Before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and

(ii) While continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed. 

(4) POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE [SECTION 41D] 

- The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of heath and safety observed in the factory to find out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, and for the prevention and recurrence of such extraordinary situations in future in such factory

- The Committee so appointed shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government. 

- The recommendations of the Committee shall be advisory in nature.

(5) EMERGENCY STANDARDS [SECTION 41 E] 

Where the Central Government is satisfied that:

(i) no standards of safety have been prescribed in respect of a hazardous process or class of hazardous process 

(ii) or where the standards so prescribed are inadequate,

- It may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous process, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. 

- The emergency standards laid down shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act. 

(6) PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC SUBSTANCE [SECTION 41 F] 

- The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value invicted in the Second Schedule.

- The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialized institutions or experts in the field, by notification in the Official Gazette, make suitable changes in the said Schedule. 

(7) WORKER'S PARTICIPATION IN SAFETY MANAGEMENT SAFETY COMMITTEE [SECTION 41G] 

The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf:

Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories form setting up such Committee.

- The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed. 3rd 

(8) RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER [SECTION 41 H] 

- Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident they may bring the same to the notice of the occupier, agent, manager or any other person who is incharge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector.

- It shall be the duty of such occupier, agent, manager or the person incharge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.

- If the occupier, agent, manager or the person incharge is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final.