Factories Act, 1948

1. Factories Act, 1948 Provisions relating to hazardous processes

2. Section 41A: Constitution of site appraisal committees The state govt ma appoint a site appraisal committee whose function is to advise the govt to consider applications for grant of permission for the initial location or for the expansion of a factory involving hazardous process Committee examines the application and makes recommendations to the govt within 90 days In case of govt-owned companies, the state govt shall co-opt a rep nominated by the central govt in the appraisal committee The committee can call for any info from the applicant Once state govt approves an application, it’s not necessary to obtain an approval from the central govt or the state govt under the water act 1974 and air act 1981

3. Section 41B: Compulsory disclosure of info by the occupier The occupier of every factory involving hazardous process shall disclose the info regarding dangers The occupier , shall, at the time of registering, lay down detailed policy with respect to the health and safety of workers employed The info furnished under sub section (1) shall include accurate info as to the quantity and specifications Every occupier must develop emergency plan and disaster control measures Every occupier of a factory which is engaged in or proposes to engage in hazardous process shall inform the chief inspector of the nature and details of the process If provisions of sub-section 5 are contravened, the licence is liable to be cancelled The occupier , with the approval of chief inspector, shall lay down measures for handling hazardous substances and disposal of such substances outside the factory premises

4. Section 41C: Specific responsibility of the occupier in relation to hazardous processes Every occupier of a factory shall maintain Maintain accurate and up-to-date health records of the workers in the factory Appoint qualified persons in handling hazardous substances and provide all the necessary facilities for protecting the workers Provide for medical examination of every worker

5. Section 41D: Power of central govt to appoint inquiry committee Central govt, may, in the event of the occurrence of an extraordinary situation appoint an inquiry committee The committee shall consist of a chairman and two others. The terms and the tenure is decided by the central govt The recommendations of the committee shall be advisory in nature

6. Section 41E: Emergency standards Where the central govt is satisfied that no standards of safety have been prescribed, it may direct to lay down emergency standards The emergency standards laid down in sub-section (1) shall have the same effect as if they had been incorporated in the rules made under this act

7. Section 41F: Permissible limits of exposure of chemical and toxic substances The max permissible limits of exposure of substances shall be of the value indicated in the second schedule The central govt may make suitable changes in the said schedule

8. Section 41G: Workers’ Participation in safety management The occupier shall set up a safety committee consisting of equal number of workers and management, provided the state govt exempts the occupier for setting up the same The composition of the committee, the tenure, rights, duties shall be such as may be prescribed

9. Section 41H: Right of workers to warn about imminent danger If a worker has a reasonable apprehension that there is likelihood of imminent danger , they may bring the same to the notice of the occupier , agent, manager or any other person who is in charge of the factory or process concerned It shall be the duty of such persons (said above) to take immediate remedial action if he is satisfied about the existence if imminent danger If he is not satisfied about the existence of imminent danger, he shall, nevertheless refer the matter forth to the nearest inspector whose decision on the question of existence of such danger shall be final