Page 72 - DMGT516_LABOUR_LEGISLATIONS

Unit 3: The Factories Act, 1948

3.6.1 Compulsory Disclosure of Information by the Occupier

1. The occupier of every factory involving a hazardous process shall disclose in the manner
prescribed all information regarding dangers, health hazards and the measures to overcome
them arising from the exposure to or handling of the materials or substances in the
manufacture, transportation, storage and other processes to: (i) Workers employed in the
factory (ii) the Chief Inspector, (iii) the local authority within whose jurisdiction the
factory is situated and (iv) general public in the vicinity.
2. Section 41-B (2) provided that at the time of registering the factory involving a hazardous
process, the occupier shall lay down a detailed policy with respect to the health and safety
of the workers and intimate such policy to the Chief Inspector and the local authority.
3. Such information shall include accurate information as to the quantity, specifications and
other characteristics of wastes and manner of their disposal (Sub-section 3).

4. Every occupier, with the approval of the Chief Inspector, shall draw up an on site emergency
plan and detailed disaster control measures for his factory and make known to the workers
employed therein and to the general public living in the vicinity of the factory the safety
measures required to be taken in the event of an accident taking place. [Sub-section 4]
5. Every occupier of the factory is under an obligation to inform the Chief Inspector of the
nature and details of the process in such form and in such manner as may be prescribed.
[Sub-section 5].

6. On contravention of the provisions of sub-section (5), the licence issued under Section 6 to
such factory shall, be cancelled and the occupier shall be liable to penalty. (Sub-section 6).
7. The occupier of the factory involving a hazardous process shall, with the previous approval
of the Chief Inspector, lay down measures for the handling, usage, transportation 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).

3.6.2 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.
3.6.3 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

LOVELY PROFESSIONAL UNIVERSITY 67