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Hazardous Manufacturing Process under Factory act, 1948

YAGAY andSUN
Factories Act 1948 Mandates Robust Safety Protocols for High-Risk Manufacturing Processes and Worker Protection A legal analysis of hazardous manufacturing processes under the Factories Act, 1948, reveals comprehensive regulatory provisions for worker safety. The Act defines hazardous processes as manufacturing operations posing serious bodily risks. State governments can declare specific dangerous operations, mandating protective measures like medical examinations, equipment provisions, and employment restrictions for vulnerable workers. The legislation outlines occupier responsibilities, including maintaining health records and ensuring worker safety across various industrial processes. (AI Summary)

The Factories Act, 1948, governs the safety, health, and welfare of workers in factories across India. To address the risks associated with certain manufacturing processes, the Act includes specific provisions for hazardous processes.

Definition of Hazardous Processes:

Under Section 2(cb) of the Factories Act, a 'hazardous process' refers to any manufacturing process or operation that exposes workers to serious risks of bodily injury, poisoning, or disease.

Declaration of Dangerous Operations:

Section 87 empowers state governments to declare specific manufacturing processes as dangerous operations. This declaration allows for the implementation of measures such as:

  • Prohibiting or restricting the employment of women, adolescents, or children in these operations.
  • Mandating periodical medical examinations for workers involved.
  • Ensuring the provision of protective equipment and clothing.

Examples of Dangerous Operations:

The M.P. Factories Rules, 1962, under Rule 120, list several operations considered dangerous, including:

  1. Manufacture of aerated water and related processes.
  2. Electrolytic plating or oxidation of metal articles using electrolytes containing chromium compounds.
  3. Manufacture and repair of electric accumulators.
  4. Glass manufacturing.
  5. Grinding or glazing of metals.
  6. Manufacture and treatment of lead and its compounds.
  7. Generating petrol gas from petrol.
  8. Cleaning or smoothing articles using abrasive jets propelled by compressed air or steam.
  9. Handling and processing of asbestos.
  10. Manufacture of articles from refractory materials.

Occupier's Responsibilities:

Section 41C outlines the responsibilities of factory occupiers concerning hazardous processes, including:

  • Maintaining accurate health records of workers exposed to hazardous substances.
  • Appointing qualified personnel to supervise the handling of hazardous substances.
  • Providing medical examinations for workers before, during, and after exposure to hazardous processes.

Additional Provisions:

The Act also includes provisions such as:

  • Establishing emergency standards for hazardous processes.
  • Ensuring workers' participation in safety management through safety committees.
  • Granting workers, the right to warn about imminent dangers.

These measures collectively aim to mitigate the risks associated with hazardous manufacturing processes, ensuring the safety and well-being of workers in industrial settings.

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