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Factories Act

Section:41-B :Disclosure Of Information Regarding Hazardous Processes

Obligation : To furnish all relevant information regarding hazardous processes and obtain approval from the Chief Inspector

Type:Preventive Compliance Frequency: Half Yearly

Action to be taken:
Where hazardous processes take place in a factory, it is necessary to:
(1) Disclose in the prescribed manner, all information regarding dangers, health hazards and measures to overcome hazards arising out of exposure to materials and substances, to the workers, the Chief Inspector, the Local Authority and the General Public in the vicinity
(2) Lay down a detailed policy with respect to the health and safety of workers and intimate such policy and any changes in it to the Chief Inspector and the local authority. This should include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal.
(3) 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
(4) Inform the Chief Inspector of the nature and details of all hazardous processes at least 30 days before the commencement of such process
(5)To lay down measures with the prior approval of the Chief Inspector for the handling, usage, transportation and storage of hazardous substances inside the factory, and their disposal outside the factory, and to publicise these measures among the workers and the general public living in the vicinity

Audit Requirement:
Has all compulsory information regarding hazardous processes been disclosed to the workers, chief inspector, local authorities and the general public in vicinity wherever necessary ?

Supporting Documents:
Health and Safety Policy, Emergency & Disaster Control Plan

Related Documents:
Schedule I - S 2(cb): List Of Industries Involving Hazardous Processes   View htm  4.3 Kb

Related Triggers:
Starting A New Manufacturing Process

Related Keywords:
Dangerous/Hazardous Processes
Environment
Health
Safety


Related Sections:
Factories Act, 1948
Chapter:Chapter IV-A - Provisions Relating To Hazardous Processes| 41-B: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, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy.
(3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal.
(4) Every occupier shall, with the approval of the Chief Inspector, 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.
(5) Every occupier of a factory if a factory shall,-
(a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987, within a period of thirty days of such commencement; and
(b) if such factory proposes to engage in a hazardous process at any time after such commencement , within a period of thirty days before the commencement of such process,
inform the chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed.
(6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under Section 6 to such factory shall, notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Act, be liable for cancellation.
(7) The occupier of a 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 factor premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity.