There is multiple legislation for chemical management in India that falls under the purview of different Ministries. A need for adopting a holistic approach towards chemical legislation exists. The multiple legislation governing chemicals may be consolidated into a coherent and comprehensive legislation, which will simplify its implementation and monitoring. The vision for Indian chemical industry is “To facilitate the growth and development of the chemical industry in an environmentally friendly manner.”There is a need for a well-defined legal framework for chemical management in India. Legislation in India is fairly comprehensive capturing various stages of chemicals life cycles through different legal instruments. Moreover, being part of a specific industry it’s important to be aware of the required legal obligations and laws designed for your safety and benefit. We present Here the general safety provisions as included in The Factories Act as amended by Amendment Act, 1987 which we consider are relevant to be aware of as you work in factories involving dangerous risks.
We present Here the general safety provisions as included in The Factories Act as amended by Amendment Act, 1987 which we consider are relevant to be aware of as you work in factories involving dangerous risks.
Section 21. Fencing of machinery.
Dangerous parts of any machine should be securely fenced by safeguards and maintained as long as the machinery they are fencing is in motion or in use.
It also defines a general notion of these machinery and dangerous parts and provides state government power to prescribe rules for further precautions
Section 22. Work on or near machinery in motion.
To examine machinery referred in section 21 for lubrication or other adjusting operation it must be carried out by a specially trained adult male worker and his name has to be recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and this section provides general guidelines for his safety that needs to be followed and disallow woman and young person if it exposes them to injury.
Section 23. Employment of young persons on dangerous machines.
“young person” means a person, who is either a child or an adolescent
“adolescent” means a person, who has completed his fifteenth year of age but has not completed his eighteenth year
For machines as may be prescribed by the State Government, no young person shall be required or allowed to work unless he has been fully instructed of dangers arising in connection and the precautions to be observed and has received sufficient training or is under adequate supervision by a person with experience.
Section 24. Striking gear and devices for cutting off the power.
The factory must have the suitable striking gear or other mechanical appliance, suitable devices for cutting off power in emergencies maintained in every workroom.
Section 26. A casing of new machinery.
This section provides general rules for the casing to be abided by whoever(including agent) sells or lets on hire any machinery for use in a factory. Any non-compliance shall be punishable with imprisonment for three months or with fine up to five hundred rupees or both.
Section 27. Prohibition of employment of women and children near cotton-openers.
Section 28. Hoist and lifts.
Must be examined in every period of six months and a register shall be kept containing the prescribed particulars of every such examination and the maximum safe working load shall be plainly marked on every hoist or lift. This section also gives certain norms to be followed by the manufacturer and installer of Hoist and lifts.
Section 29. Lifting machines, chains, ropes and lifting tackles.
Similar to above and in addition person employed or working on or near the wheel track of a travelling crane effective measures shall be taken to ensure that the crane does not approach within six metres of that place.
Visual examination supplemented by dismantling of parts as carefully as the conditions permit can be done to arrive at a reliable conclusion.
Section 30. Revolving machinery.- To have permanently affixed notice indicating safe parameters like working peripheral speed of the wheel, etc.
Section 31. Pressure plant. – Effective measures shall be taken to ensure safe working pressure.
Section 32. Floors, stairs and means of access.
Section 33. Pits, sumps, openings in floors, etc.
Pit or opening in the ground or in a floor shall be either securely covered or fenced.
Section 34. Excessive weights.- No person shall be employed in any factory to lift heavy load as to be likely to cause him an injury.
Section 35. Protection of eyes.
Section 36. Precautions against dangerous fumes, gases, etc.
No person shall be allowed to enter any confined space in which any gas, fume, vapour or dust is likely to be present until all practicable measures have been taken to bring its level within the permissible limits.
Moreover,A certificate of agreement has to be given by the person going inside on the safety.
No portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any confined space unless adequate safety devices are provided.
Section 37. Explosive or inflammable dust, gas, etc.
If to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion and all to restrict the spread and effects of the explosion.
Section 38. Precautions in case of fire.
All practicable measures shall be taken to prevent an outbreak of fire and its spread, both internally and externally, and to provide safe means of escape for all persons and necessary equipment and facilities for extinguishing the fire.
Section 39. Power to require specifications of defective parts or tests of stability And Section 40. Safety of buildings and machinery.
the Inspector may serve an order to furnish or to carry out tests in such manner and may order prohibiting its use until it has been properly repaired or altered.
Section 40B. Safety Officers.
The occupier shall if so required by the State Government by notification in Official Gazette, employ the number of Safety Officers with their duties as may be specified in that notification.
Provisions related to the hazardous process
“Hazardous process” means any process causing material impairment to the health or result in the pollution of the general environment.
Section 41A. Establishment/expansion of Factories
The Site Appraisal 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.
Section 41C. Specific responsibility of the occupier in relation to hazardous processes
The occupier has to maintain accurate and up-to-date health record, of all the workers exposed to the chemical, toxic or any harmful substance appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling and provide the medical examination of every worker:
(i) before such a worker is assigned to a job involving the handling of or working with, a hazardous substance, and
(ii) while continuing in such a job, and after he has ceased to work in such a job, at intervals not exceeding twelve months in such manner as may be prescribed.
Section 41F. Permissible limits of exposure of chemical and toxic substances.-
The maximum permissible threshold limits in any factory shall be of the value indicated in the Second Schedule. The Central Government may by notification in the Official Gazette, make suitable changes in the said Schedule.
Section 41G. Workers’ participation in safety management.
The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
Section 41H. The right of workers to warn about imminent danger
The workers of a factory in which a hazardous process takes place can bring to the notice of the occupier, agent, the manager or any other person who is in charge of the factory or the Inspector of the area, of their apprehension about any imminent danger and the person or persons informed, must enquire immediately on receipt of the information and take remedial action.