TaxTMI 
TaxTMI 
TaxTMI 
Definition (as per the Factories Act, 1948 – Section 2(cb))
“Hazardous process” means any process or activity in relation to an industry which:
(i) involves a danger to the health or safety of the persons working in the factory or of persons living in the neighborhood of the factory, and
(ii) which is likely to cause such danger because of the nature of raw materials used, intermediate or finished products, by-products, wastes, or residues.
So, any manufacturing operation that could cause harm due to chemical, physical, or biological agents is legally classified as a hazardous process.
Key Features of a Hazardous Process
Aspect | Description |
Risk Scope | Covers both workers and people living nearby. |
Source of Hazard | May arise from raw materials, chemical reactions, products, or waste. |
Mandatory Oversight | Such factories must follow strict safety, health, and environmental regulations. |
Government Supervision | The State Government has the power to declare or list certain processes as hazardous. |
Examples of Hazardous Processes (Schedule XI of the Act)
The First Schedule (as inserted by the Factories (Amendment) Act, 1987) lists several industries and processes that are officially recognized as hazardous. Some key examples include:
Sr. No. | Industry / Process | Nature of Hazard |
1 | Manufacture of aluminium or its alloys | Exposure to fluorides, dust, and high heat |
2 | Manufacture of asbestos and asbestos products | Inhalation of carcinogenic asbestos fibers |
3 | Manufacture and handling of benzene and its derivatives | Toxic and carcinogenic vapors |
4 | Manufacture of carbon disulphide and phosphorus | Highly toxic and flammable gases |
5 | Manufacture and use of lead and lead compounds | Lead poisoning and neurological damage |
6 | Manufacture of pesticides, insecticides, and fungicides | Toxicity and environmental contamination |
7 | Petroleum refining or processing | Explosion and fire hazards |
8 | Manufacture of explosives and fireworks | Combustion and detonation risks |
9 | Manufacture of synthetic resins, rubber, and plastics | Release of volatile organic compounds (VOCs) |
10 | Fermentation industries (e.g., distilleries) | Fire and biological risks |
(The complete list includes about 30+ specific processes and is provided in the official Schedule.)
Safety and Regulatory Provisions (Key Sections)
Section | Description |
Section 41A | Constitution of a Site Appraisal Committee to assess new hazardous factories before approval. |
Section 41B | Compulsory disclosure of information by the occupier about hazardous processes to workers and authorities. |
Section 41C | Responsibility of occupier to maintain health, safety, and monitoring systems. |
Section 41D | Emergency standards – if existing laws are inadequate, the Central Government can enforce new safety standards immediately. |
Section 41E | Permissible exposure limits for toxic substances to protect workers’ health. |
Section 41F | Medical examinations for workers engaged in hazardous processes. |
Section 41G | Worker participation in safety management through Safety Committees. |
Section 41H | Right of workers to warn about imminent danger without fear of retaliation. |
Duties of the Occupier (Factory Owner/Manager)
- Provide complete information about hazards and safety measures.
- Ensure proper labeling, storage, and handling of dangerous substances.
- Conduct regular safety training and mock emergency drills.
- Maintain health records and medical surveillance of all workers.
- Install pollution control and waste management systems.
Emergency and Safety Measures
- On-site emergency plan (within the factory).
- Off-site emergency plan (for nearby communities).
- Regular safety audits and compliance reports.
- Display of hazard information boards in visible areas.
Objective of the Law
The amendment introducing “hazardous process” (in 1987) was made after the Bhopal Gas Tragedy (1984) — India’s worst industrial disaster. Its primary purpose is to:
- Prevent industrial accidents,
- Protect workers and nearby populations,
- Promote transparency and accountability in hazardous industries.