PROVISIONS RELATING TO HAZARDOUS PROCESS

1. DEFINATION

2. CONSTITUION OF SITE APPRAISAL COMMITTEE

3. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER

4. SPECIFIC RESPONSIBILITY OF THE OCUPIER IN RELATION TO HAZARDOUS PROCESSES

5. POWER OF THE CENTRAL GOVT TO APPOINT INQUIRY COMMITTEE

PROVISIONS RELATING TO HAZARDOUS PROCESS

6. PERMISSIBLE LIMITS

7. WORKERS PARTICIPATION IN SAFETY MANAGEMENT

8. RIGHT OF WORKERS TO WARN ABOUT DANGERS

1. DEFINATIONSec 2 (cb) – If any process or activity in

relation to an industry specified in the first Sch, where unless special care is taken the raw materials used therein or the intermediate or finished products, by-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 of the general environment

Provided that the State Govt. may amend the first Sch by way of addition ommission or variation of any industry.

2. CONSTITUION OF SITE APPRAISAL COMMITTEE

1. Appointed by the State Govt2. Recommendation within 90

days from the receipt of the application

3. Call for additional information4. Not necessary to obtain a

further approval

3. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER

Disclose in prescribed manner to the workers, the CI, the local authority and the general public in the vicinity

Lay down a detailed policyEmergency plan and disaster

control measuresPenalty or liable to cancellation

of license

4. SPECIFIC RESPONSIBILITY OF THE OCUPIER IN RELATION TO HAZARDOUS PROCESSES

To maintain health records and medical records

Appoint persons who possess qualifications and experience to supervise such handling within the factory.

5. POWER OF THE CENTRAL GOVT TO APPOINT INQUIRY COMMITTEEIn the event of occurrence of

extraordinary situation appoint Inquiry Committee to find out the causes of any failure in the adoption of measures

Recommendations are advisory in nature

6. PERMISSIBLE LIMITS

The maximum permissible limits are indicated in Second Sch.

The Central Govt. may make suitable changes in the said Sch.

7. WORKERS PARTICIPATION IN SAFETY MANAGEMENT

The occupier shall set up a Safety Committee

The composition, the tenure, their rights and duties shall be as prescribed

8. RIGHT OF WORKERS TO WARN ABOUT DANGERS

If there is a reasonable apprehension that there imminent danger, the workers can bring it to the notice of the occupier

Duty to take immediate remedial action

Or refer the matter to the nearest Inspector whose decision is final

Sec. 10 Certifying SurgeonsThe State Govt. can appoint

qualified medical practitioners as Certifying Surgeons

Duties of the Certifying Surgeons

Employment of children and adolescentsIntroductionMaintenance of registerProhibition of employment of children

and adolescentsCertificate of fitness and tokenProcedure to issue Certificate by the

Certifying SurgeonValid for 12 monthsRevoke the certificate – state reasonsFees payable by occupierCertificate to work as an adult

Working hours for adolscents◦Maximum hours for 4-1/2 hrs a day◦Period of work to be limited to two

shifts ◦The shifts should not overlap◦The spread over not to exceed 5 hrs◦Spread over not to change once in

30 days◦No double employment◦During 10p.m and 6a.m employment

is prohibited◦Female child can work only between

8a.m and 7 p.m

Notice of period of work for adolescents

◦To have an effective control◦Display notice in the factory

premises◦Entries to be made against the name

in the register

Annual Leave with wages to workers – Sec. 79Qualifying period

◦240 days in earlier calendar year including The days of lay off Leave earned in the year prior to which leave is

applied for Maternity leave of maximum 12 weeks

◦Rate of Leave Adult– 1 day for 20 days Adolescent – 1 day for 15 days Unavailed Leave

Adult – 30 days Child – 40 days

Procedure for availing Leave◦Application 15 days in advance in case of

PUC 30 days in advance◦3 installments in a year◦For illness– need not apply in advance

Wages to be paid to him 15 days in advance and in case of PUC 30 days in advance

◦Notice of discharge◦Calculation of Wages Sec-80

At a rate equal to the daily average of the days actually worked in the immediately preceding month

Exclusive of any overtime or bonus Inclusive of any D.A and cash advantage

◦Advance Payment Adult – 4 days Child – 5 days

◦Mode of recovery Under Sec. 82 of the Payment of Wages

Act

◦Powers of the State Govt. Keep registers Available for inspection

Other ProvisionsSec.85– Empowers the State

Govt. to relax the provisions of no. of workers to any factory

Sec.87 A– Empowers the inspector to prohibit employment

Sec. 91 A – Empowers the Chief inspector to undertake Safety and occupational health surveys

A MAJOR leakage of a poisonous gas in an industrial plant caused death of five workmen besides injuring 15 others. The `occupier' of the industrial plant pleaded that he had exercised all due diligence to prevent the escape of the gas and that the leak was attributable to an act of God. Will he succeed? Refer to decide case law in support of your answer.

A canteen business is carried on by the employer with the one employee. The canteen is attached to a college. You are the HR head of the college. The employee is insisting on the applicability of the factories Act. What action would you take? Decide it with a suitable case law

An employee (18 yrs) is working as a computer operator for an establishment which is producing films for 5 years. In the 6th year he applies for leave for 30 days. Whether he is eligible for leave with wage. Compute his amount of leave on the basis of the foll. Information◦He had availed a previous leave for 10

days in his 3rs year of service◦He is entitled to wages of Rs. 3000/- +

overtime work of Rs. 100/- per hour.◦In the month of June he had worked for 10

days on overtime