Page 71 - DCOM207_LABOUR_LAWS

Labour Laws

Notes and storage of hazardous substances inside the factory premises and the disposal of such
substances outside the factory premises and publicise them in the prescribed manner
among the workers and the general public living in the vicinity [Sub-section (7)].

3. Specific responsibility of the occupier in relation to hazardous process

Under section 41C every occupier of a factory involving any hazardous process is required (a)
maintain accurate and up-to-date health records or, the case may be, medical 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 subject to prescribed conditions; and (b) 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 in the prescribed manner (c) 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 prescribed manner.

4. Powers of Central Government to appoint Inquiry Committee

(1) The Central government may, in the event of the occurrence of an extraordinary situation
involving a factory engaged in hazardous process, appoint an Inquiry Committee to inquire
into the standards of health and safety observed in the factory with a view to finding out
the causes of any failure of 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, or likely to be affected, due to such failure or neglect and for the prevention and
recurrence of such extraordinary situations in further in such factory or elsewhere.

(2) The Committee appointed under sub-section (1) shall consist of a Chairman and two
other members and the terms reference of the Committee and the tenure of office of its
members shall be such as may be determined by the Central Government according to the
requirements of the situation.
(3) The recommendation of the Committee shall be advisory in nature.

5. Emergency Standards

(1) Where the Central Government is satisfied that no standards of safety have been prescribed
in respect of a hazardous process or class of hazardous processes, 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 processes, to lay down emergency standards for enforcement of suitable
standards in respect of such hazardous processes.
(2) The emergency standards laid down under sub-section (1) 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 substances
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
indicated in Second Schedule.

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