CHAPTER IV: SAFETY (Section 21-41), CHAPTER IV-A: PROVISIONS RELATING TO HAZARDOUS PROCESSES (Section 41A- 41H), THE FACTORY ACT, 1948

CHAPTER IV- SAFETY

SECTION 21: FENCING OF MACHINERY

In every factory, specific parts of machinery should be secured by fencing them with safeguards of substantial construction.
Duration of fencing- It must be constantly maintained and kept in position while the parts of machinery (hereby fenced), are in motion or in use.
Parts being fenced are as follows-
- Every moving part of prime mover and every flywheel connected to prime mover whether both of them are in the engine house or not.
- The headrace and tailrace of every waterwheel and water turbine.
- Any part of stock-bar which projects beyond the head stock of a lathe and
- Following, being in such position or construction, which is as safe as to every person employed as they would have been if they were securely fenced-
  - Every part of an electric generator, a motor or rotary converter;
  - Every part of transmission machinery; and
  - Every dangerous part of any other machinery.
To determine position or construction of any part of machinery, which is as safe to let go fencing, don’t take account on the following-
- When it is necessary while the part of machinery is in motion to carry out the following examination (in accordance with subsection 1 of section 22)-
  - lubrication or
  - Other adjusting operations.
- When, it is necessary while any part of transmission machinery is in such continuous process (which is substantially interfered with by the stoppage of that part of machinery) is examined( in accordance with subsection 1 of section 22) to-
  - mounting or shipping of belts or
  - Doing lubrication or
  - Other adjusting operation.
State government prescribe rules to secure the safety of workers, and particular machinery or its relevant part, for-
- talking necessary precautions or
- Making exemptions regarding prescribed conditions.

SECTION 22: WORK ON OR NEAR MACHINERY IN MOTION

In accordance with section 21, when in any factory it becomes necessary for parts of machinery to be examined whole in motion, result of such examination must be carried out accordingly-
- For moving part of prime mover and every flywheel connected to prime mover whether both (prime mover or flywheel) of them are in the engine house or not- It require lubrication or other adjusting operations to be carried out.
- For headrace or tailrace of every waterwheel and water turbine- It requires mounting or shipping of belts or lubrication or other adjusting operations to be carried out.
Specified examination or operation when machine is in motion, should be carried out by-
- Trained adult mate worker,
- Wearing tight fitting clothes (supplied by occupier),
- Who has been recorded in register in this behalf and
- Who has been furnished with his certificate of appointment.
Appropriate aforementioned worker (before mentioned), Will not engage in handling belt at a moving pulley, unless-
- Belt width is not more than 15 centimetres.
- Pulley’s purpose is to drive and not merely fly-wheel or balance wheel.
- Belt’s joint is either laced or flushed with the belt.
- Belt (including joint and pulley rim) are in good repair.
- There is reasonable clearance between pulley and any fixed plant or structure.
- Foothold and handhold (if necessary) provided for operation are secured.
- A second person is there to securely fix or lash or firmly hold any ladder in use for carrying out any examination or operation.
Machinery (or parts), with which workers (aforementioned) are otherwise liable to come in contact, should be securely fenced to prevent such contact, like-
- Every set screw, bolt and key on any revolving shelf, spindle, wheel or pinion and
- All spur, worm and other toothed or friction gearing in motion.
To protect women or young person form getting injured from any moving part of machinery or any adjacent machinery by exposing them to risk, while-
- Cleaning, lubricating or adjusting any part of a prime mover or
- Cleaning, lubricating or adjusting any part of a any transmission machinery or
- Cleaning, lubricating or adjusting any part of any machinery.
State government may by notification in the official gazette, prohibit they cleaning, lubricating or adjusting-
- By any person,
- Of specified parts of machinery when those parts are in motion,
- In any factory class or description of factories.

SECTION 23: EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES

Young person should not be, required or allowed to work at any relevant machine, unless-
- He has been fully instructed regarding the dangers arising in relation to the machinery and
- Precautions are observed and
- He has been provided with-
  - Sufficient training in work at the machinery or
  - Adequate supervision by a person who has a thorough knowledge of the machine.
Above provision of this section is applicable upon-
- Machinery prescribed by state government and
- As machinery being of such dangerous character that young person’s ought not to work forgoing requirement are complied with.

SECTION 24: STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER

In every factory-

Suitable striking gear or other efficient mechanical appliance-
- To be provided, maintained and used to move driving belts to and from fast and loose pulleys, which form part of transmission machinery and
- To be constructed, paced and maintained as to prevent the belt from creeping back on to the fast pulley.
Driving belt should not be allowed to rest or ride upon shafting in motion when not in use.
Every factory in every work room it is must to provide and maintain, suitable devices for cutting off power inn emergencies from running machinery-
- Provided, factories in operation before commencement of this Act, this provision was only applicable to workrooms, in which electricity is used as power.
In a factory inadvertently ( unintentionally or accidentally) shift from “off to on ” position should be-
- Provided to cut- off power
- Arrangements should be made for locking device in safe position to prevent accidental starting of transmission machinery or other machinery, to which the device is fitted.

SECTION 25: SELF- ACTING MACHINES

In a factory traversing part of self acting machinery together with a material carried on by it could be allowed to run over a space under which any person is liable to pass.
However, such machinery shall be allowed to traverse both outward and inward shall not be part of machinery; works must be capable for passing under moving part of self- acting machine in connection with their employment.
Provided;
- For machinery installed before the commencement of this Act, which does not comply with the requirements of this section, the chief Inspector may permit continued use of such machinery on conditions ensuring safety, he may think fit to impose.

SECTION 26: CASING OF NEW MACHINERY

All power driven machinery, installed in any factory which are being installed after commencement of this Act, should be so-
- Sunk, encase or otherwise effectively guard-
  - Every set screw, bolt or key
  - Which are on any revolving shaft, spindle, wheel or pinion .
- Completely encase, unless so safely situated as it would have completely encased –
  - All spur, worm and other toothed or friction gearing
  - Which does not require frequent adjustment while in motion.
State government possess power to make rules-
- Specifying safeguards to be provided further
- Regarding any dangerous part of any particular machinery or class or description of machines.
Punishment, for not compliance with the above mentioned provision of this section-
- Imprisonment, for term which may extend to 3 months or
- Fine, which may extend to 500 rupees or
- Both
Punishment is to be granted to those, who used power driven machinery in a factory without compliance of the provision of this section, whoever-
- Sells or
- Lets on hire or
- Agent of seller or hirer (causes or procures to be sold on let on hire).

SECTION 27: PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON- OPENERS

Employment of woman or child is prohibited, in any part of factory for pressing cotton, in which a cotton- opener is at work.
Exception: Women and children may be employed on the feeding- end of the cotton opener, provided, it is been separated from delivery end by-
- Partition extending to the roof or
- To such height as the Inspector may specify in writing in any particular case.

SECTION 28: HOISTS AND LIFTS

Specifications, in regard to every hoist and lift in every factory-
- Construction of hoist and lift:
  - Good mechanical construction
  - With sound material
  - Of adequate strength.
- Maintenance:
  - Thoroughly examine it by a competent person, at least once inn every period of 6 months and
  - Register should be kept, containing prescribed particulars of every such examination.
- Safety:
  - Maximum safe working load should be plainly marked on every hoist or lift and
  - Limit should not be exceeded, while load is carried thereon.
- Construction of cage(used for carrying person) of hoists and lifts:
  - Fit gate on each side
  - So that gate could proivide access to landing.
- Gate:
  - For security, gate should be fitted with interlocking or other efficient device.
  - Gate should not open except, cage is at the landing.
  - Until gate is closed, cage could move.
After commencement of this Act, addition requirements regarding hoists and lifts used for carrying persons and installed or reconstructed in a factory-
- In case, cage is supported by rope or chain, there should be:
  - At least 2 ropes or chain separately connected with the cage and balance weight.
  - Capable with its attachments, of carrying whole weight of cage together with its maximum load.
- Provision and maintenance of efficient device, capable of supporting cage together with its maximum load in the event of breakage of ropes, chains or attachments.
- Provision and maintenance of efficient automatic device to prevent cage from over- running.
Chief Inspector may permit, factories before the commencement of thus Act, to continue the use of installed hoist or lift-
- Despite of being complied with specification of hoist and lift in this section.
- But not without fulfilling conditions, he may think fit to impose to ensure safety.
State government in respect of any class or description of hoist or lift-
- By thinking of it being unreasonable to enforce, specification provision and after commencement requirements of this section.
- May order, directing that such requirements, shall not apply to such class or description of hoist or lift.
Here, any lifting machinery or appliance does not deemed to be hoist or lift unless-
- It has platform or cage
- Direction or movement of which is restricted by a guide or guide.

SECTION 29: LIFTING MACHINES, CHAINS,ROPES AND LIFTING TACKLES

Every factory has to comply with provisions mentioned in this section, regarding-
- Every lifting machine (other than a hoist and lift) and
- Every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials.
Specifications, of all parts including working gear, whether fixed or movable of every lifting machine and every chain, rope or lifting tackle-
- Good construction-
- with sound material
- Of adequate strength and
- Free from defects.,
Proper maintenance
Thorough examination-
- By competent person: at least once in every period of 12 months or
- As per Chef Inspector: Specify such examination in intervals in writing.
- A register, to be kept containing prescribed particulars of every such examination.
Not without purpose of test, lifting machine, chain, rope or lifting tackle should be loaded beyond the safe working load and with-
- Such load to be plainly marked thereon together with an identification mark and its entry in register or prescribed
- Otherwise, a table showing safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use, should be displayed in prominent positions on the premises.
Provision regarding, when a person is employed or working on a near the wheel track of travelling crane-
- If crane should not have any approach w3ithin 6 meters of the place where such employers may struck by the crane.
State government may make relevant rules like-
- Prescribe requirements to be complied with in addition to those already set out in this section.
- Provide exemption from complying with all or any of the requirements of this section, if he thinks such compliance is unnecessary or impractical.

Explanation: some terms being used herein-
- ‘lifting machine’ includes-
  - Crane,
  - Crab,
  - Winch,
  - Pulley block,
  - Gin wheel,
  - Transporter or
  - runway
- ‘lifting tackle”, used in connection with raising or lowering persons, or loads by use of lifting machines, any-
  - Chain,
  - Sling,
  - Rope sling,
  - Hook,
  - Shackle,
  - Swivel,
  - Coupling,
  - Socket,
  - Clamp,
  - Tray or
  - Any similar appliance (while fixed or movable).

SECTION 30: REVOLVING MACHINERY

Every factory in which grinding process is carried on, there must be a notice, permanently affixed to or place near each machine, indicating-
- Maximum safe working peripheral speed of every grin stone or abrasive wheel,
- Speed of the shaft or spindle upon which the wheel is mounted and
- Diameter of pulley upon such shaft or spindle, to secure safe working peripheral speed.
Speed limit mentioned above, should not be exceeded
Effective measures should be taken to ensure that the safe working peripheral speed has not exceeded, for-
- Revolving vessel,
- Cage,
- Basket,
- Flywheel,
- Pulley,
- Disc or
- Similar appliance driven by power.

SECTION 31: PRESSURE PLANT

Any factory,
- Where any plant or machinery or any part thereof is being operated at a pressure above the atmospheric pressure,
- Effective measures should be taken to ensure, that the safe working pressure should not exceeded.
State government may make rules regarding-
- Examination and testing of such plant and machinery and
- Other safety measures, they think necessary in any factory or class or description of factories.
- Exemption of any relevant part of any plant or machinery from above mentioned conditions in this section.

SECTION 32: FLOOR, STAIRS AND MEANS OF ACCESS

In every factory-

All floors, steps, stairs, passages and gangways should be-
- Of sound construction,
- Properly maintained and
- Kept free from obstructions and substances likely to cause persons to step.
- Provided with substantial handrails, where it is necessary.
To every place, at which any person is at any time required to work, safe means of access must be provided and maintained as far as reasonably practicable.
When any person, who has to work at a height from where he is likely to full, fencing or any other way should be provided to ensure safety of such person as far as reasonably practicable.

SECTION 33: PITS, SUMS, OPENINGS AND FLOORS, ETC.

In every factory, in which there is fixed vessel, sump, tank, pit or opening in the ground or in the floor should be either severely covered or securely fenced, due to its-
- Depth,
- Situation,
- Construction,
- Content or
State government, may make rules to exempt relevant pits, sums or openings in floors from compliance with provision of this section.

SECTION 34: EXCESSIVE WEIGHTS

In any factory no person should be employee to lift, carry or move any load so heavy, which could likely cause him injury.
State government may make rules for any class or description of factories or in carrying on any specified process, in regard to specifying, the maximum weights which could be lifted, carried or moved by-
- Adult men,
- Adult women,
- Adolescents and
- Children.

SECTION 35: PROTECTION OF EYES

This section involves, any of those factories which carry out such manufacturing process, which may involve risk of injury to the eyes by-
- Particles or fragments thrown off in the course of process or
- Being exposed to excessive light
State Government may through rules-
- For the protection of persons-
- Employed on the process or
- In immediate vicinity of the process.
By providing them with-
- Effective screens or
- Suitable goggles.

SECTION 36: PRECAUTIONS AGAINST DANGEROUS FUMES, GASES etc.

In any factory,

No person is required or allowed to-
- Enter any chamber, tank, vat, pit, pipe, flue or other confined space
- Where, any gas, fume, vapors or dust is likely to be present, to such an extent to involve risk to that person.
- Unless:
  - There is any provision of manhole of adequate size or other effective means of egress.
  - All practicable measures have been taken to remove gas, fume, vapors or dust to bring its level within permissible limits and to prevent it’s any ingress.
Exceptions to the provision of this section-
- If, a written certificate mentioning a test of the space is being reasonably free from dangerous gas, fume, vapors or dust by a competent person has to be given.
- If such person is wearing-
  - Suitable breathing apparatus and
  - Belt securely attached to rope, the free end of which is told by a person outside the confined space.

SECTION 36 A: PRECAUTIONS REGARDING THE USE OF PORTABLE ELECTRIC LIGHT

In any factory-
- Inside any confined place (chamber, tank, vat, pit, pipe, flue or any other)-
  - No portable electric light or any electric appliance is allowed
  - Unless, its voltage does not exceed 24 volts.
If the gas, fume or dust on the confined place is inflammable-
- No lamp or light is permitted
- Unless it is flame proof.

SECTION 37: EXPLOSIVE OR INFLAMMABLE DUST, GAS, ect.

In any factory, with any manufacturing process, producing dust, gas, fume, or vapor of character, with could likely to explode to ignition. To prevent the explosion, preventive measures to be taken are-
- Effective enclosure of plant or machinery used in the process,
- Removal or prevention of accumulation of such dust, gas, fume or vapors.
- Exclusion or effective enclosure of all possible sources of ignition
In case the relevant plant or machinery is not constructed tom withstand the probable pressure caused by the aforesaid explosive, all practicable measures should be taken to restrict spread and effects of the explosion by providing plant and machinery with-
- Chokes,
- Baffles,
- Vents or
- Other effective appliances
Any part of plant or machinery (containing any explosive or inflammable gas or vapors which is under or other means, before fastening the loosen opening of the joint of any pipe connected with relevant part.
- Any flow of gas or vapor into the part of any such pipe is effectively stopped by stop value or other means, before fastening the loosen opening of the joint of any pipe connected with relevant part.
- All practicable measures are taken to prevent any explosive or inflammable gas, vapors in the part or pipe to atmospheric pressure, before aforesaid fastening is removed.
- Effective measures should be taken to prevent any explosive or inflammable gas or vapor from entering the part of pipe, where aforesaid fastenings has been loosen or removed, until fastening has been secured or securely replaced.
- Exception- this provision is not applicable upon plants or machinery, installed in open air.
Any plant, tank, vessel containing any explosive or inflammable substance in a factory which is subject to welding, brazing, soldering or cutting operation with heat appliances. To prevent any risk of ignition-
- Adequate measures should be taken to remove such substance or render it non- explosives or non- in-flammables and
- Such substances should not be allowed to enter such plant, tank or vessel, after any such operation until the metal has cooled sufficiently.
State government through making rules, may exempt-
- Subject to such prescribed conditions
- Any factory or class or description of factories from complying with all or any of the provision of this section.

SECTION 38: PRECAUTIONS IN CASE OF FIRE

In every factory, to prevent outbreak of fire and its spread (both internally or externally), all practicable measures should be taken by providing and maintaining-
- Safe means of escape for all persons in the event of a fire and
- Necessary equipment and facilities for extinguishing fire.
In every factory, effective measures should be taken to ensure that-
- All workers are familiar with the means of escape in case of fire and
- All workers have been adequately trained in the routine to be followed in such case.
State government make rules, regarding required measures which are to be adopted to give effect to the earlier provisions of this section in any factory or class or description of factories.
Irrespective of the earlier provision relating to-Safe means of escapoe4 for all persons in the event of fire and
- All workers are familiar to means of escape and trained in the routine,.
- Chief Inspector, by order in writing may require some additional measures as he may consider reasonable and necessary to be provided in factory before specified date in the order, in regard to-
  - Nature of the work carried on in any factory or
  - Construction of such factory or
  - Special risk of life or safety or
  - Any other circumstances.

SECTION 39: POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF STABILITY

Inspector’s power, in case-

If the condition of any building or part of a building or any part of the ways, machinery or plant in factory appears to the Inspector, dangerous to human life or safety.
Inspector may through written order require the occupier or manager or both, to furnish him before a specified with-
- Such drawing, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety or
- To carry out such test, as specified in the order and to inform the Inspector of the results thereof.

SECTION 40: SAFETY OF BUILDINGS AND MACHINERY

Mentioning conditions, appearing to the Inspector, regarding building or part of a building or any part of the ways, machinery or plant in a factory, unsafe to human life and safety, to which Inspector through written order direct occupier or manager or both to follow up, as-

Situation: if condition is dangerous to human life or safety.
- Remedy: measures, in Inspector’s opinion should be adopted and requiring occupier or manager or both to carry it out before specified date.
Situation: if condition involves imminent danger to human life.
- Remedy: prohibition of its use, until it has been properly repaired or altered.

SECTION 40A: MAINTENANCE OF BUILDINGS

In case, it appears to the Inspector that, any building or part of building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers.
As a resolution, Inspector may serve on the occupier or manager or both of the factory on written order specifying-
- The measures, which in his opinion should be taken and
- Required to be carried out before such date as is specified in the order.

SECTION 40B: SAFETY OFFICERS

If state government requires (by notification in the official gazette) the employment of specified number of safety officers, then occupier should, if that factory is wherein-
- One thousand or more workers are ordinarily employed or
- Any manufacturing process or operation being carried out, in the opinion of state government involves any-
- Risk of bodily injury or
- Poisoning or
- Disease or
- Any other health hazard to employed persons of the factory.
State government prescribes, safety officer’s-
- Duties
- Qualifications
- Conditions of services.

SECTION 41: POWER TO MAKE RULE TO SUPPLEMENT THIS CHAPTER

State government may make rules as it deems necessary-

Regarding provisions in any factory or in any class or description of factories,
Of such further devices and measures,
For securing the safety of persons employed therein.

CHAPTER IVA – PROVISIONS RELATING TO HAZARDOUS PROCESSES

SECTION 41A: CONSTITUTION OF SITE APPRAISAL COMMITTEES

State government may appoint a site appraisal committee, for the purpose of-
- Adjusting it to consider permission grant application for initial location of factory involving hazardous process or
- For expansion of any such factory.
Site Appraisal Committee, must consist of-
- The Chief Inspector of the state who shall be its chairman
- 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).
- A representative of 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)
- A representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).
- 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).
- A representative of the Department of Environment in the state.
- A representative of the Meteorological Department of the Government of India.
- An expert in the field of occupational health and
- A representative of the Town Planning Department of the State Government, and not more than 5 other members who may be co- opted by the State Government who shall be-
  - A scientist having specialized knowledge of the hazardous process which will be involved in the factory,
  - A representative of the local authority within whose jurisdiction the factory is to be established and
  - Not more than 3 other persons as deemed fit by the State Government.
Site Appraisal Committee’s working-
- Examine on application for the establishment of a factory involving hazardous process
- Recommends to the State Government within a period of 90 days of receipt of such applications in the prescribed form.
The State Government shall co- opt, a representative nominated by Central Government, as a member of the Site Appraisal Committee, where:
- Any process related to a factory owned or controlled by the Central; Government or
- Any process related to a corporation or av company owned or controlled by the Central Government.
Site Appraisal Committee, have power to-
- Call for any information from the person making an application for establishment or expansion of a factory involving a hazardous process.
The Central Board or the State Board established under Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981`), approval; is not necessary for an applicant, where-
- State Government has granted approval to an application for the establishment or expansion of a factory involve hazardous process.

SECTION 41B: COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER

The occupier of every factory, involving a hazardous process shall disclose (in prescribed manner) danger which-
- Includes-
  - Health hazards
  - Measures to overcome such hazards.
- Arise from exposure to or handling of material or substances, in –
  - Manufacture,
  - Transportation,
  - Storage and
  - Other processes.
- To the –
  - Workers employed in the factory
  - Chief Inspector
  - Local authority within whose jurisdiction the factory is situated and
  - General public in the vicinity.
Information regarding, wastes and the manner of its disposal, furnished under the above provisions, should include accurate information of-
- Quantity,
- Specification,
- Other characteristics.
The occupier of the factory, involving hazardous process, at the time of registration-
- Lays down, detailed policy with respect of health and safety of the workers employed therein and
- Intimate such policy to the Chief Inspector and the local authority and
- Thereafter, at intervals (may prescribed) inform the Chief Inspector and the local authority of any change made in the said policy.
In case, an accident taking place in the factory, every occupier with the approval of the Chief Inspector shall-
- Draw up the required safety measures for his factory, through-
  - An onsite emergency plan and
  - Detailed disaster control measures.
- Make, the required safety measures known to-
  - The workers employed therein and
  - The general public living in the vicinity of the factory.
Every occupier should inform the Chief Inspector regarding the nature and details of the process-
- Within a period of 30 days of the commencement of the Act, if such factory engaged in hazardous process already exists on the commencement of the Factory (Amendment )Act, 1987 (2 of 1987).
- Within a period of 30 days before the commencement of such process, if such factory proposes to engage in hazardous process at any time after commencement of the Act.
If factories fail to comply with informing the Chief Inspector regarding nature and the details of the process, in prescribed manner-
- Inspire of penalizing,
- License granted to such factory under section 6 of the Act, will liable to be cancelled by the occupier of the Factory.
Handling hazardous substances inside and outside factory premises-
- Inside:
  - Measures for handling, usage, transportation and storage of hazardous substances.
  - Display the measures to the workers.
- Outside:
  - Disposal of such substances.
  - Publicize those measures to the general public living in the vicinity.

SECTION 41C: SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESS

Maintain, accurate and up to date health records or medical records-
- Of workers, who are exposed to any chemical toxic or any other harmful substances.
- Harmful substances, which are manufactured, stored, handled is transported and
- Mentioned record must be accessible to workers, who are subject the relevant substances,
Appoint persons who, if any question arises-
- Possess qualification and experience, in handling hazardous substances,
- Competent to supervise such handling within the factory and
- Provide the necessary facilities at the working place, for the protection of workers, in the prescribed manner.
Provide, medical examination of every worker-
- Before, such worker is assigned to a job involving, handling or working with hazardous substances.
- While continuing and after he has ceased to work in such job, at intervals not exceeding 12 months in prescribed manner.

SECTION 41D: POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE

Central Government, may appoint an Inquiry Committee, with regard to-
- Events:
  - When, extraordinary situations occur in factory engaged in hazardous process.
- Purpose:
  - To find out the causes of a failure or negligence, in the adoption of any measures or standards prescribed for the affected or likely to be affected health and safety of-
    - The workers employed in the factory
    - The general public.
Inquiry committee consists of-
- A chairman and
- 2 other members.

(Terms of the committee and the tenure of office of its members are determined by the Central Government).

Inquiry committee’s recommendation should be advisory in nature.

SECTION 41E: EMERGENCY STANDARDS

Who will direct whom, to lay down emergency standards and when?
- Situations, satisfying Central Government that-
  - No standards of safety have been prescribed regarding hazardous process or class of hazardous processes or
  - The standards so prescribed are inadequate.
- To lay down emergency standards for enforcement of standards, Central Government may direct-
  - The Director General of Factory Advice Service and Labor Institutes or
  - Any institution specialized in relevant matter of safety standards in hazardous processes.
Emergency standards mentioned in above provisions of this section, will prevail-
- Enforceable, having same effect as if they have been incorporated I this Act’s rules.
- Until, the relevant hazardous process or class of hazardous process incorporate, the rules made under this Act.

SECTION 41F: PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC SUBSTANCES

Second Schedule indicates-
- The maximum permissible threshold limit , value of exposure of chemical and toxic substances inj manufacturing processes (whether hazardous or otherwise) in any factory.
At any time, when specialized institutions or experts in the field scientifically proves, that the existing threshold limit value is unsuitable-
- Central Government, giving effect to any such proof make suitable changes in the said schedules.

SECTION 41G: WORKERS PARTICIPATION IN SAFETY MANAGEMENT

Safety Committee is set by the occupier, in every factory-
- Where hazardous process is under taken or
- Where hazardous substances are used or handled
Safety Committee consists of-
- Equal number of representatives of workers and management.
Purpose to set up Safety Committee-
- To promote cooperation between the workers and the management, in maintaining proper safety and health at work and
- The measures taken in that behalf, to review periodically.
Exception-
- The State Government may exempt the occupier of any factory or class of factories from setting up such committee in writing and for reasons to be recorded.
Safety Committee’s, relevant specifications should be as may be prescribed, like-
- The composition
- The tenure of office of its members.
- Member’s rights and duties.

SECTION 41H: RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER

In case, employed workers-
- Of any factory engaged in a hazardous process and
- On reasonable ground, have apprehension that there is a likelihood of imminent danger to their lives, or health, due to any accident.
Those above mentioned employees may bring the same apprehension to the notice of the –
- Occupier,
- Agent ,
- Manager or
- Any other person, concerned in charge of factory or process or
- The safety committee, through their representatives and
- Inspector.
Duty of such occupier, agent, manager or the person in charge of the factory or process to-
- Step 1: get satisfied regarding the existence of such eminent danger.
- Step 2: take immediate remedial action.
- Step 3: send a report forthwith if the action.
In case, the relevant occupier, agent, manager or the person in charge, is not satisfied regarding the existence of such imminent danger, they should-
- Nevertheless, refer the matter forthwith to the nearest Inspector, whose decision on the question of the existence of such imminent danger should be the final.

CHAPTER IV: SAFETY (Section 21-41), CHAPTER IV-A: PROVISIONS RELATING TO HAZARDOUS PROCESSES (Section 41A- 41H), THE FACTORY ACT, 1948

Published by FARHEEN DHANJAL

Leave a Comment Cancel reply

Share this:

Related

Published by FARHEEN DHANJAL

Leave a Comment Cancel reply