Factories Act, 1948
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 to 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.
(5) 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.
(6) 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.
(7) 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 publicize them in the manner prescribed among the workers and the general
public living in the vicinity.