Page 30 - DMGT306_MERCANTILE_LAWS_II
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Unit 1: The Factories Act, 1948




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

          (iii) Specific Responsibility of the Occupier in Relation to Hazardous Process

          Under section 41-C 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.
          (iv) 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.
          (v) 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.

          (vi) 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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