Page 73 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

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.

3.6.4 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.

3.6.5 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.
2. It shall be the duty of such occupier, agent, manager or the person in charge of the factory
or process to take immediate remedial action, if he is satisfied about the existence of such
imminent danger and send a report forthwith of the action taken to the nearest Inspector.
3. If the occupier, agent, manager or the person in charge 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.

3.7 Recommendation of the National Commission on Labour

The Government of India has set up the second national labour on 15th October, 1999. The
commission has made valuable suggestions to improve the harmonious relations among the
laborers working in the factory premises. It is an umbrella of the legislation to ensure a minimum
level of protection to the workers in the unorganized sector. It has recommended that-
1. Existence of child labour in hazardous industries is a major obstacle for Indian government
and steps should be taken to eradicate it from the country. For this, a special scheme of
establishing the special schools to provide the non-formal education, vocational training,
supplementary nutrition, stipends, health care, etc. should be provided to children
withdrawn from employment in hazardous industries.

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