L3 THE FACTORIES ACT1948 IV A.pptx

THE FACTORIES ACT, 1948 Ch.1 to IVA Uday. S Verma CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. References to time of day. 4. Power to declare different departments to be separate factories or two or more factories to be a single fa...

THE FACTORIES ACT, 1948 Ch.1 to IVA Uday. S Verma CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. References to time of day. 4. Power to declare different departments to be separate factories or two or more factories to be a single factory. 5. Power to exempt during public emergency. 6. Approval, licensing and registration of factories.7. Notice by occupier. CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories. 8. Inspectors. 9. Powers of Inspectors. 10. Certifying surgeons. CHAPTER III HEALTH 11. Cleanliness. 12. Disposal of wastes and effluents.13. Ventilation and temperature.14. Dust and fume.15. Artificial humidification. 16. Overcrowding. 17. Lighting. 18. Drinking water. 19. Latrines and urinals. 20. Spittoons. CHAPTER IV SAFETY 21. Fencing of machinery. 22. Work on or near machinery in motion. 23. Employment of young persons on dangerous machines. 24. Striking gear and devices for cutting off power. 25. Self-acting machines. 26. Casing of new machinery. 27. Prohibition of employment of women and children near cotton-openers. 28. Hoists and lifts. 29. Lifting machines, chains, ropes and lifting tackles.30. Revolving machinery. 31. Pressure plant. 32. Floors, stairs and means of access.33. Pits, sumps openings in floors, etc. 34. Excessive weights. 35. Protection of eyes. 36. Precautions against dangerous fumes, gases, etc. 36A. Precautions regarding the use of portable electric light. 37. Explosive or inflammable dust, gas, etc. 38. Precautions in case of fire. 39. Power to require specifications of defective parts or tests of stability. 40. Safety of buildings and machinery. 40A. Maintenance of buildings. 40B. Safety officers. 41. Power to make rules to supplement this Chapter. CHAPTER I: PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. [(2) It extends to the whole of India 3 (3) It shall come into force on the 1st day of April 1949. 2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— (a) “Adult” means a person who has completed his eighteenth year of age; (b) “Adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year; [(bb) “Calendar year” means the period of twelve months beginning with the first day of January in any year;] (c) “Child” means a person who has not completed his fifteenth year of age; [(ca) “Competent person”, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, (i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory; (cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;] (d) “Young person” means a person who is either a child or an adolescent; (e) “Day” means a period of twenty-four hours beginning at midnight; (f) “Week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) “Power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) “prime mover” means any engine, motor or other appliance which generates or otherwise provides power; (i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (k) “manufacturing process” means any process for— (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or 1 [(ii) pumping oil, water, sewage or any other substance; or] (iii) generating, transforming or transmitting power; or 2 [(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; [or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; 3[or] 3 [(vi) preserving or storing any article in cold storage;] (l) “worker” means a person [employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process [but does not include any 1.member of the armed forces of the Union]; (m) “factory” means any premises including the precincts thereof— (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of 5 [the Mines Act, 1952 (35 of 1952)], or 6 [a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place]. (n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory [Provided that— (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] Sec-7A General Duties of the Occupier 1. Every Occupier shall ensure, so far as reasonably practicable the health, safety and welfare of all the workers while they are at work. 2. Matter to which such duty extends shall include:- (a) Provision and maintenance of plant and system of work that are safe and without risk to the health, (b) Use, handling, storage and transport of article and substances, © provision of information, instruction, training and supervision (d) maintenance of all place of work, means of access are safe and without risk to the health, (e) provision and maintenance or monitoring such working environment in the factory for the workers that is safe and without risk to the health of the workers CHAPTER III HEALTH 11. Cleanliness.—(1) Every factory shall be kept clean and free from effluvia (unpleasant smell) arising from any drain, privy or other nuisance, and in particular— (a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; (b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; (d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall— (i) where they are [painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years; [(ia) where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;] (ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept whitewashed, or colour washed, and the whitewashing or Colour washing shall be carried out at least once in every period of fourteen months; [(dd) all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;] (e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register. 12. Disposal of wastes and effluents (Liquid waste)— [(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.] (2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed. 13. Ventilation and temperature.—(1) Effective and suitable provision shall be made in ever factory for securing and maintaining in every workroom— (a) adequate ventilation by the circulation of fresh air, and (b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular,— (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable; (ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means. (2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that [proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained.] [(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.] 5. 14. Dust and fume.- (1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed as far as possible. 6. (2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room. 7. 15. Artificial humidification.- (1) In respect of all factories in which the humidity of the air is artificially increased, the 1[State] Government may make rules- (a)prescribing standards of humidification; (b)regulating the methods used for artificially increasing the humidity of the air; (c)directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d)prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. (2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be (2) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (3) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date. 5. 16 Over-crowding.- (1) No room in any factory shall be over-crowded to an extent injurious to the health of the workers employed therein. (2)Without prejudice to the generality of sub-section (1), there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 2[9.9 cubic metres] and of a factory built after the commencement of this Act at least 3[14.2 cubic metres] or space for every worker employed therein, and for the purposes of this sub- section no account shall be taken of any space which is more than 4[4.2 metres] above the level of the floor of the room. (3)If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. (4)The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. 5. 17 Lighting.- (1) In every part of a factory where workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. (2)In every factory all glazed windows and skylights used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction. (a) In every factory effective provision shall, so far as practicable, be made for the prevention of- glare, either directly from a source of light or by reflection from a smooth or polished surface; (b)the formation of shadows to such an extent as to cause eye- strain or the risk of accident to any worker. (2)The 1[State] Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. 5. 18 Drinking water.- (1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed (2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 2[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector. (3) In every factory wherein more than two hundred and fifty workers are ordinarily employed provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the 3[State] Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. 5. 19 Latrines and urinals.- (1) In every factory- (a)sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at the factory; (b)separate enclosed accommodation shall be provided for male and female workers; (c)such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage; (d)all such accommodation shall be maintained in a clean and sanitary condition at all times; (e)sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals (2) In every factory wherein more than two hundred and fifty workers are ordinarily employed- (a)all latrine and urinal accommodation shall be of prescribed sanitary types; (b)the floors and internal walls, up to a height of 4[Ninety Centimetres], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface; (c)without prejudice to the provisions of clauses (d) and (e) of sub- section (1) the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. (3) The 1[State] Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. 5. 20 Spittoons.- (1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. (2) The 2[State] Government may make rules, prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. (2)No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (3)Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees. LIGHTING (SEC.17 / RULE-31,32,33) SUFFICIENT AND SUITABLE NATURAL AND ARTIFICIAL LIGHT, 3 FEET CANDLE AT A LEVEL OF 3 FEET ABOVE FLOOR EFFECTIVE PROVISIONS SHALL BE MADE TO PREVENT GLARE AND FORMATION OF SHADOWS TO SUCH EXTENT AS TO CAUSE EYE STRAIN OR RISK OF ACCIDENT. DRINKING WATER SEC. 18 / RULE-36-41 QUANTITY ONE GALLON PER WORKER SOURCE OF SUPLY SHOULD BE APPROVED BY HEALTH OFFICER IF WELL AND RESERVOIR IS USED IT MUST BE STERILISED ONCE IN A WEEK REPORT FROM HEALTH OFFICER COOLING OF WATER WHERE IN MORE THAN 250 WORKERS ARE ORDINARILY EMPLOYED. LATRINES AND URINALS SEC.19 /RULE-42-51 LATRINE:- UP TO 100W - 25/1 ABOVE 100W - 50/1 SEPARATE LATRINE FOR FEMALE WORKERS CLEANLINESS OF LATRINES SIGN BOARD TO BE DISPLAYED URINALS:- UP TO 500W - 50/1 ABOVE 500W - 100/1 WHITE WASHED OR COLOUR WASHED ONCE IN FOUR MONTHS. SPITTOONS (SEC. 20) Provided and maintained in clean and hygienic condition sufficient nos. of spittoons, No person shall be allowed to spit within the premises except in the spittoons provided, Punishable with fine.  CHAPTERIV: SAFETY 5. 21 Fencing of machinery.- (1) In every factory the following, namely:- (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not; (ii) the headrace and tailrace of every water-wheel and water turbine; any part of a stock-bar which projects beyond the head stock of a lathe; and unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely- (a)every part of an electric generator, a motor or rotary converter; (b)every part of transmission machinery; and (c) every dangerous part of any other machinery; shall be securely fenced by safeguards of substantial construction which 3[shall be constantly maintained and kept in position] while the parts of machinery they are fencing are in motion or in use: 1[Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when-  (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or (ii)in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.] (2) The 2[State] Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers any particular machinery or part thereof from the provisions of this section. 5. 22 Work on or near machinery in motion.- 3[(1) Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or as a result of such examination, to carry out- (a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or (b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged:- (a) such worker shall not handle a belt at a moving pulley unless- (i) the belt is not more than fifteen centimeters in width; (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); (iii)the belt joint is either laced or flush with the belt; the belt, including the joint and the pulley rim, are in good repair, (iv)there is reasonable clearance between the pulley and any fixed plant or structure; (v) secure foothold and, where necessary, secure handhold, are provided for the operator; and (vi)any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person.] B without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker otherwise be liable to come into contact, shall be securely fenced to prevent such contact. 1[(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.] (2) The 2[State] Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion. 5. 23 Employment of young persons on dangerous machines.- (1) No young person 3[shall be required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and- (a)has received sufficient training in work at the machine, or (b)is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) Sub-section (1) shall apply to such machines as may be prescribed by the 4[State] Government, 5. 24. Striking gear and devices for cutting off power.- (1) In every factory- (a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on to the fast pulley; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. (2) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom: Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power. 1[(3) When a device, which can inadvertently shift from “off” to “on” position, is provided in a factory to cut-off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted.] 6. 25. Self-acting machines.- No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of 2[forty-five centimetres] from any fixed structure which is not part of the machine: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act, which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. 5. 26 Casing of new machinery.- (1) In all machinery driven by power and installed in any factory after the commencement of this Act,- (a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. (2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let or hire, for use in a factory any machinery driven by power which does not comply with the provisions of 3[sub-section (1) or any rules made under sub-section (3)], shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 4[(3) The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines.] 6. 27 Prohibition of employment of women and children near cotton- openers.- No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work: Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end in situated. 5. 28 Hoists and lifts.- (1) In every factory- (a) every hoist and lift shall be- (i) of good mechanical construction, sound material and adequate strength; (ii)properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months and a register shall be kept containing the prescribed particulars of every such examination. (b) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; (d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; (e) every gate referred to in clause (b) or clause (d) shall be fitted with inter-locking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. (2) The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely:- (a) where the cage is supported by rope or chain, there shall be at least two ropes or chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; (c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running. (2) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safety as he may think fit to impose. (3) The 1[State] Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift. 2[Explanation.- For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides.] 1[29. Lifting machines, chains, ropes and lifting tackles.- (1) In any factory the following provisions shall be complied with in respect of every lifting machine other than a hoist and lift and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials:- (a) all parts, including the working gear, whether fixed or moveable, of every lifting machine and every chain, rope or lifting tackle shall be- (i) of good construction, sound material and adequate strength and free from defects; (ii) properly maintained; and (iii)thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination; (b) no lifting machine and no claim, rope or lifting tackle shall, except for the purpose of test, be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or, chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises; (c) while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 2[six metres] of that place. (2) The State Government may make rules in respect of any lifting machine or any chain, rope of lifting tackle used in factories- (a) prescribing further requirements to be complied with in addition to those set out in this section; (b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable. (3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined. Explanation.-In this section- (a) “lifting machine” means a crane, crab, winch, Teagle, pulley block, gin wheel, transporter or runway. 3[(b) “lifting tackle” means any chain, sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.] 30. 30 Revolving machinery.-(1) 1[In every factory] in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. (2) The speeds indicated in notices under sub-section (1) shall not be exceeded. (3) Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded. 31 Floors, stairs and means of access.- In every factory- (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained 5[and shall be kept free from obstructions and substances likely to cause persons to slip],and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial hand- rails; (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work. 6[(c) When any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.] 32 Pits, sumps, openings in floors, etc.- (1) In every factory fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reasons of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced. (2) The 1[State] Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section. 33 Excessive weights.- (1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. (2) The 2[State] Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process. Excessive Weights (Sec.34 Rule 58) No person shall be employed to lift, carry or move any load so heavy as to be likely to cause him injury:- Adult male:- 55 kgs(Max.) Adult female:- 30 kgs(Max.) Adolescent Male:- 30 kgs(Max.) Adolescent Female:- 20 kgs(Max.) Male Child:- 16 kgs(Max.) Female Child:- 13 kgs(Max.) 35 Protection of eyes.- In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves- (a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or (b) risk to the eyes by reason of exposure to excessive light, the 3[State] Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of the process. 4[36. Precautions against dangerous fumes, gases, etc.- (1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. (2) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless- (a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.] 5[36A. Precautions regarding the use of portable electric light.- In any factory- (a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any PROTECTION OF EYES(SEC.35)EXAMINATION OF EYE SIGHT(RULE-59C) No person shall be employed to operate or to give signal to, A crane, locomotive, forklift, truck, pay loader, dumper or other automobiles, UNLESS Eye sight and color vision has been examined by a qualified ophthalmologist approved by Inspector, At least once in a year( if below 45 yrs of age) Once in 6 months (if above 45 yrs of age) Record of examination and re-examination shall be maintained in ‘form no. 35’ Copy of the above examination and records shall be sent to the Inspector within 15 days. PRECAUTION AGAINST DANGEROUS FUMES, GASES ETC. SEC-36 / RULE-60 No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in which gas, fume, vapor or dust is likely to be present to such an extent as to involve risk to persons unless:- Provided with a manhole of adequate size or other means of egress Gas, fumes, vapor or dust has been removed or are within permissible limit A certificate in writing by a competent person based on test carried out by himself Such person is wearing suitable breathing apparatus a belt securely attached to a rope the free end of which is held by a person outside the confined space. PRECAUTION IN CASE OF FIRE SEC.38 / RULE-62 All practicable measure shall be taken To prevent outbreak of fire and its spread Safe means of escape in the event of a fire Necessary equipment and facilities for extinguishing fire  chamber, tank, vat, pit, pipe, flue or other confined space 1[unless adequate safety devices are provided]; and (a) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that of flame-proof construction shall be permitted to be used therein.] 37. Explosive or inflammable dust, gas, etc.- (1) Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by- (a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; (c) exclusion or effective enclosure of all possible sources of ignition. (2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effect of the explosion by the provisions in the plant or machinery of chokes, baffles, vents or other effective appliances. (3) Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely:-  (a) before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stop valve or other means; (b) before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure; (c) where any such fastening as aforesaid has been loosened or removed effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured, or, as the case may be, securely replaced: Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. (2) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. (3) The 1[State] Government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section.  2[38. Precautions in case of fire.- (1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain- (a) safe means of escape for all persons in the event of a fire, and (b) the necessary equipment and facilities for extinguishing fire. (2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. (3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub- sections (1) and (2). (4) Notwithstanding anything contained in clause (a) of sub- section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub- section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.] 39. Power to require specifications of defective parts or test of stability.- If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on 3[the occupier or manager or both] of the factory an order in writing requiring him before a specified date- (a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or (b) to carry out such test in such manner as may be specified in the order, and to inform the Inspector of the results thereof. 40 Safety of buildings and machinery.- (1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on 4[the occupier or manager or both] of the factory an order in writing specifying the measures which in his opinion should be adopted and requiring them to be carried out before a specified date. (2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 5[the occupier or manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 1[40A. Maintenance of buildings.- If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.  40B. Safety Officers.- (1) In every factory,- (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification. (2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.] 41 Power to make rule to supplement this Chapter.- The 2[State] Government may make rules requiring the provision in any factory or in any class or description of factories of such further 3[devices and measures] for securing the safety of persons employed therein as it may deem necessary. SAFETY OFFICERS SEC. 40B/RULE-62B In every factory:- Wherein one thousand or more workers are ordinarily employed, or Wherein in the opinion of State Government, any manufacturing process or operation is carried on which process or operation involves any risks, The occupier shall (if so required by the State Government by notification in the official gazette) employ such numbers of ‘Safety Officers’ as may be specified in that notification. RULE-62B Qualification Condition of service Duties of Safety Officers Employment of ‘Safety Officers’ Exemption Facilities to be provided Provision of performance of other duties.  ORGANISATIONAL STRUCTURE OF SAFETY DEPARTMENT OCCUPIER PERSON WHO HAS ULTIMATE CONTROL OVER AFFAIRS OF THE FACTORY. CHIEF SAFETY OFFICER DEPARTMENTAL HEAD DIRECTLY REPORTING TO THE CHIEF EXECUTIVE OF THE FACTORY. SAFETY OFFICERS APPROPRIATE STATUS TO ENABLE THEM TO DISCHARGE THEIR DUTIES EFFECTIVELY DUTIES OF SAFETY OFFICERS RULE-62B Duties of ‘Safety Officers’ shall be:- To advice and assist factory management in the fulfillment of its obligations, statutory or otherwise concerning prevention of personal injuries and maintaining a safe and healthy work environment, To advice and assist in preparing ‘Safe work procedures’ of different operations/activities To advice purchase department and store to ensure availability of high quality PPEs To advice and assist in plant safety inspection To advice on matters related to reporting and accident investigations and diseases, To maintain records of all accidents and diseases To promote setting of safety committees To organize awards, competitions, campaigns To design and conduct independently/training department, suitable safety training program. SAFETY COMMITTEE Rule 62C 250 or more workers are ordinarily employed, or Hazardous Process, or Dangerous Process or Operation Representation of Safety Committee Chairman- A Sr. official who by his position in the organization can contribute efficiently to the function of the committee. Secretary- Safety Officer Representation from Production, Maintenance and Purchase department. Other important provisions of Safety Committee Tenure of Safety Committee will be Two years Committee shall meet at least once in three months. Minutes shall be recorded and produced to the Inspector on demand Workers representatives shall be elected by the workers Owing to the size or for effective functioning of the committee, if required , Sub- committee can be formed. Rights of the Safety Committee (Rule 62C, sub rule 6) Ask for necessary information concerning with health and safety of the workers, Seek any relevant information concerning health and safety of workers.  Function & Duties of the Safety Committee(Rule 62C sub rule7) Assisting and co-operating with management in aims and objectives in the health and safety policy of the occupier, Creating safety awareness amongst all workers, Undertaking educational training and promotional activities, Carrying out health and safety surveys Looking in to complain and imminent danger The Factories (Amendment) Act 1987: (2nd -3rd December 1984) The Bhopal accident (2nd -3rd December 1984) created worldwide safety awareness and moved the governments to provide more stringent requirements for the health and safety of workers and the public. Therefore the Central and State Governments made necessary amendments in their Acts and Rules. A new Act ‘the Environment (Protection) Act 1986’ was enacted and the Factories (Amendment) Act 1987 was also enacted on 23-5-1987 providing a new chapter IV A on hazardous processes, many other requirements, and severe penalties and imprisonment for breaches.  CHAPTER IV-A PROVISIONS RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committees.- (1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee consisting of- (a) the Chief Inspector of the State who shall be its Chairman, (b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981); (d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (f) a representative of the Department of Environment in the State; (g) a representative of the Meteorological Department of the Government of India; (h) an expert in the field of occupational health; and (i) a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-opted by the State Government who shall be-  (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii)a representative of the local authority within whose jurisdiction the factory is to be established, and (iii)not more than three other persons as deemed fit by the State Government. (2) 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 of the receipt of such application in the prescribed form. (3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee. (4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. (5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).  41B. 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 of 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. (2) Every occupier of 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. (3) Where any occupier of a factory contravenes the provisions of sub-section (5), the license 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. (4) 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 factory 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. 41C. Specific responsibility of the occupier in relation to hazardous processes.- Every occupier of a factory involving any hazardous process shall- (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed;  (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) provide for medical examination of every worker- (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (ii)while continuing in such job, and after he has ceased to work in such job, a interval not exceeding twelve months, in such manner as may be prescribed. 41D. Power 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 a 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 or 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 recommendations of the Committee shall be advisory in nature. 41E. Emergency standards.- (1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of 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 and Labour Institutes or any institution specialised 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 (1) 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.  41F. Permissible limits of exposure of chemical and toxic substances.- (1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule. (2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field, by notification in the Official Gazette, make suitable changes in the said Schedule. 41G. Workers' participation in safety management.- (1) 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 co- operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures 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 of office of its members and their rights and duties shall be such as may be prescribed.  41H. 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. It shall be the duty of such occupier, agent, manager or the person incharge 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. (2) 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 workers, 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.  Factories Act, 1948 Ist Schedule[See section 2(cb)] Hazardous Process induction 1. Ferrous metallurgical 2. Non-ferrous metallurgical 3. Foundries (ferrous and non- Industries Industries ferrous) -- Integrated Iron & Steel - Primary Metallurgical - Castings & forgings including -- Ferro-alloys Industries, namely, zinc, lead, cleaning or --Special Steels copper manganese and smoothing/roughening by sand aluminium & shot blasting. 4. Coal (including coke) 5. Power Generating Industries industries. - Coal, Lignite, 6. Pulp & paper industries 8. Cement Industries Coke, etc. 7. Fertiliser Industries 9. Petroleum Industries - Oil Refining - Fuel Gases (including - Nitrogenous Coal gas, Producer gas, - Phosphatic -Lubricating Oils & Greases Water gas - Mixed -10. Petro-chemical Industries 1. Ins. by Act 20 of 1987, sec. 45 (w.e.f. 1-12-1987). Hazardous Process induction 11. Drugs and Pharmaceutical 15. Leather Tanning Industries 19. Synthetic Resin and Industries 16. Electro-plating Industries Plastics 12. Fermentation Industries 17. Chemical Industries 20. Man-made Fibre 13. Rubber Industries 18. Insecticides, Fungicides, 21. Manufacture & repair of 14. Paints & Pigment herbicides & other Pesticides electrical accumulators Industries Industries 22. Glass & Ceramics 27. Manufacturing processes 23. Grinding or glazing of 25. Extraction of oils and fats from vegetable and animal sources and operations involving carbon metals disulphide 26. Manufacture, handling and use 24. Manufacture, handling and 28. Dyes and Dyestuff including processing of asbestos and its of benzene and substances their intermediates containing 29. Highly flammable liquids products Benzene and gases. Thank You