Provisions Relating To Hazardous Process

PROVISIONS RELATING TO HAZARDOUS PROCESS 2. DEFINATION 4. CONSTITUION OF SITE APPRAISAL COMMITTEE 6. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER 8. SPECIFIC RESPONSIBILITY OF THE OCUPIER IN RELATION TO HAZARDOUS PROCESSES 10. POWER OF THE CENTRAL GOVT TO APPOINT

PROVISIONS RELATING TO HAZARDOUS PROCESS 6. PERMISSIBLE LIMITS 8. WORKERS PARTICIPATION IN SAFETY MANAGEMENT 10.RIGHT OF WORKERS TO WARN ABOUT DANGERS

1. DEFINATION  Sec

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

2. CONSTITUION OF SITE

APPRAISAL COMMITTEE

1.

Appointed by the State Govt 2. Recommendation within 90 days from the receipt of the application 3. Call for additional information 4. 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 policy Emergency plan and disaster control measures Penalty or liable to cancellation of

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 COMMITTEE In

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

Recommendations

nature

are advisory in

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 Surgeons The

State Govt. can appoint qualified medical practitioners as Certifying Surgeons

Duties

of the Certifying Surgeons

Employment of children and adolescents Introduction

Maintenance

of register Prohibition of employment of children and adolescents Certificate of fitness and token Procedure to issue Certificate by the Certifying Surgeon Valid for 12 months Revoke the certificate – state reasons

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

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. 79 Qualifying

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 Provisions Sec.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.