Friday, 11 February 2022

Provisions relating to hazardous processes under Factories Act,1948

 Factories deal with many manufacturing processes which are hazardous in nature. Provisions relating to hazardous processes are given under The Factories Act,1948. Following are the various provisions given under the Act.

Section 41-A- This section provides for the constitution of the site appraisal committee. This section gives power to the State Government to constitute a site appraisal committee for permission for the initial location or expansion of a factory that deals with various hazardous processes. The Site Appraisal Committee shall consist of A) Chief Inspector who shall be the Chairman of the committee. B) A representative from the Central Board constituted under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974. C) A representative from the Central Board constituted under Section 4 of the Air (Prevention and Control of Pollution) Act, 1981. D) A representative from the State Board appointed under Section 5 of the Air (Prevention and Control of Pollution) Act,1974. E) A representative of the State Board appointed under the Water Act, 1974.  F) A representative from the Meteorological and Department of Environment in the State. G) An expert from the field of occupational health, a representative from the Town planning department, a representative of the local jurisdiction where the factory is to be established.

The work of the site appraisal committee is to examine applications for the establishment of factories that involves hazardous process and to make a recommendation to the State Government about it within ninety days from the receipt of such applications. In the case where the factory is owned or controlled by the Central Government, the committee shall co-opt a member nominated by the Central Government. The Committee can ask for any information from the applicants relating to the establishment of the factory.

Section 41-B provides for the Compulsory disclosure of information by the occupier. According to this Section, the occupier shall disclose all the information to the workers relating to all the hazardous processes in the factory, all the dangers, and the measures to control such hazards arising from the manufacturing process.

The occupier shall lay down the detailed policy regarding the health and safety of the workers employed at the time of registering the factory involving hazardous processes.

Section 41-C of the Act provides for the specific responsibility of the occupier in relation to hazardous processes. According to this section, every occupier of a factory who is involved in any hazardous process shall maintain health records, medical records of the workers in the factory who are exposed to any harmful substances in the factory. According to this section the occupier shall also hire a qualified person to supervise such activities.

Section 41-D of the Act deals with the Power of the Central Government to appoint Inquiry Committee. This section gives power to the central government to appoint an inquiry committee in an extraordinary situation.

Section 41-E provides the emergency Standards. According to this section the Central Government may direct to lay down standards of safety measures if no standards of safety measures have been prescribed.

Section 41-G provides for the provision for workers’ participation in safety management and Section 41-H provides for the Right of the workers to warn about imminent danger to the employer or any other person-in-charge.

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