Page 281 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Section 33 (2) empowers the State Government to grant exemption from compliance of the
provision of this section (i) in respect of any item mentioned in the section, (ii) to any
factory or class of factories, and (iii) on such condition as may be provided in the rules.

(H) Precautions against Dangerous Fumes and Gases: In order to prevent the factory workers
against dangerous fumes, special measures have been taken under the Factories Act. The
Act prohibits entry in any chamber, tank, vat, pit, pipe, flue, or other confined space in any
factory in which any gas, fume, vapor or dust is likely to be present, to such an extent as to
involve risk to persons being overcome thereby, except in cases where there is a provision
of a manhole of adequate size or other effective means of egress.
No person shall be required or allowed to enter any confined space such as is referred to
in sub-section (1), until all practicable measures have been taken to actually remove the
gas, fume or dust, which may be present so as to bring its level within the permissible
limits and to prevent any ingress of such gas, fume, vapor or dust unless.
(I) Precaution against using Portable Electric Light: The Act prohibits any factory to use
portable electric light or any other electric appliance of voltage exceeding 24 volts in any
chamber, tank, vat, pipe, flue or other confined space, unless adequate safety devices are
provided. The Act further prohibits the factory to use any lamp or light (other than that of
flame-proof construction) if any inflammable gas, fume or dust is likely to be present in
such chamber, tank, vat, pet, pipe, flue or other confined space.
(J) Explosive or Inflammable Materials: These measures include: (i) effective enclosures of
the plant or machinery used in the process; (ii) removal or prevention of the accumulation
of such dust, gas or vapor; (iii) exclusion or effective enclosure of all possible sources of
ignition.
(K) Precaution in Case of Fire: In every factory, all practical measures shall be taken to prevent
outbreak of fire and its spread, both internally and externally, and to provide and maintain
(i) safe means of escape for all persons in the event of fire, and (ii) tile necessary equipment
and facilities for extinguishing fire. Further effective measures should be taken to ensure
that in every factory all the workers are familiar with the means of escape in case of fire
and have been trained in the routine to be followed in such cases.
(L) Safety of Building and Machinery: If it appears to the Inspector that any building or part
of building or any part of the ways, machinery or plant in a factory is in such a condition
that it is dangerous to human life or safety, he may serve on the occupier or manager or
both the factory an order in writing specifying the measures which in his opinion should
be adopted, and requiring them to be carried out before a specified date.
(M) Maintenance of Buildings: In order to ensure safety, the inspector is empowered to serve
on tile occupier or Manager (or both) of the factory an order specifying the measures to be
taken and requiring the same to be carried out, if it appears to him that any building or
part of a 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.
(N) Safety Officers: In order to prevent accidents, the Act provides for the appointment of
Safety Officers in factories employing 1,000 or more workers or where any manufacturing
process or operations carried on, which process or operation involves any risk of bodily
injury, poisoning or disease, or any other hazard to health, to the persons employed in the
factory.

Task Assuming that you are the owner of the big chemical factory where more
than 500 workers are working. List down all the welfare measures you will
take, in your opinion, which are necessary as per the Factories Act, 1948.

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