Page 284 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 12: The Factories Act, 1948

12.6.2 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 future 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 of 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.

12.6.3 Emergency Standards

1. Where the Central Government is satisfied that no standards of safety have been prescribed
in respect to 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 (DGFASLI) or any institution specialized 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 (I) 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.

12.6.4 Worker's Participation is Safety Management

1. The occupier shall, in every factory, where a hazardous process takes place, or where
hazardous substance are used or handled, set up a Safety Committee consisting of equal
number or representative of workers and management to promote co-operation between
the workers and management in maintaining proper safety and health at work and to
review periodically the measure taken in that behalf:
Provided that the State Government may, by order in writing and for reasons to be
recorded, exempt the occupier of any factory or class of factories from setting up such a
Committee.
2. The composition of the Safety Committee, the tenure or office of its members and their
rights and duties shall be such as may be prescribed.

12.6.5 Right of Workers to Warn about Imminent Danger

1. Where the workers employed in any factory engaged in a hazardous process have
reasonable apprehension that there is a likelihood of imminent danger to their lives or
health due to any accident, 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 the process concerned
directly or through their representatives in the Safety Committee and simultaneously
bring the same to the notice of the Inspector.

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