Page 31 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes (vii) 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 cooperation 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 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.

(viii) Right of Workers to Warn about Imminent Danger

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 incharge 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.
It shall be the duty of such occupier agent, manager or the person incharge or the factory or
process to take immediate remedial Action if is satisfied about the existence of such imminent
danger and send a report forthwith of the Action taken to the nearest Inspector.
If the occupier, agent, manager or the person incharge referred to in sub-section (2) is not
satisfied about the existence of any imminent danger as apprehended by the worker, he shall,
nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question
of the existence of such imminent danger shall be final.
Self Assessment

Fill in the blanks:
16. Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term ........................... as
any process or Activity in relation to an industry specified in the First Schedule.

17. The ........................... Committee shall examine an application for the establishment of a
factory involving hazardous process and make its recommendation to the State Government
within a period of ninety days of the receipt.

18. The maximum permissible threshold limits of exposure of chemical and toxic substances
in manufacturing processes in any factory shall be of the value indicated in ...........................
Schedule.

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Case Study J. K. Industries Ltd vs. Chief Inspector of
Fisheries and Boilers

n the landmark case of J. K. Industries Ltd vs. Chief Inspector of Fisheries and Boilers
[1996 (7) Scale 247], the Supreme Court observed that by the Amending Act, 1987, the
Ilegislature wanted to bring in a sense of responsibility in the minds of those who have
the ultimate control over the affairs of the factory so that they take proper care for
Contd....

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