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Government Of Assam Labour and Welfare Inspectorate of Factories

Liabilities of – Manufacturer, Importer, Exporter, Supplier and Owner of Premises ( including Isolated Storage& Pipe line).

Liability of owner of premises in certain circumstances

[Sec 93 of The Factories Act,1948]

(1)Where in any premises separate buildings are leased to different occupier for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.
(2)The Chief Inspector shall have, subject to the control of the State Government, power to issue order to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).
(3)Where in any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of –
   (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;
  (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;
  (iii) safe means of access to the floors or flats and maintenance and cleanliness of stair cases and common passages;
  (iv) precautions in case of fire;
  (v) maintenance of hoists and lifts; and
  (vi) maintenance of hoists and lifts; and
(4)The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3).
(5)The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories:
   Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities.
(6)The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out the provisions of section 46 or section 48.
(7)Where in any premises portions of a room or shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of –
  (i) Chapter III, except sections 14 and 15;
  (ii)Chapter IV, except sections 22, 23, 27, 34, 35 and 36: Provided that in respect of the provisions of sections 21, 24 and 32 and owner’s liability shall be only in so far as such provisions relate to things under his control: Provided further that the occupier shall be responsible for complying with the provision of Chapter IV in respect of plant and machinery belonging to or supplied by him;
  (iii)section 42.
(8)The Chief Inspector shall have, subject to the control of the State Government, power to issue order to the owner of the premises in respect of the carrying out the provisions of sub-section (7).
(9)In respect of sub-sections (5) and (7), while computing for the purposes of any of the provision of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

Genaral duties of the occupier

[Sec 7A of The Factories Act,1948]

(1)Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
(2)Without prejudice to the generality of the provisions of sub-section (1) the matters to which such duty extends, shall include --
  (a)the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
  (b)the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
  (c)the provision of such information, instruction, training, and supervision as are necessary to ensure the health and safety of all workers at work;
  (d)the maintenance of all places of work in the factory in a condition that is safe without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;
  (e)the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
(3)Except in such cases as may be prescribed, every occupier shall prepare, and as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.

General duties of manufactures, etc., as regards articles and substances for use in factories

[Sec 7B of The Factories Act,1948]

(1)Every person who designs, manufactures, imports or supplies any article for use in any factory shall –
  (a) ensure, so far as is reasonably practicable, that the article is so designed and
  (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for he effective implementation of the provisions of clause (a);
  (c) take such steps as may be necessary to ensure that adequate information will be available
    (i) in connection with the use of the article in any factory;
    (ii) about the use for which it is designed and tested; and
    (iii)about any conditions necessary to ensure that the article, when put such use, will be safe without risks to the health of the workers;
Provided that where an article is designed or manufactured outside India, is shall be obligatory on the part of the importer to see -
    (a)that the article conforms to the same standards if such article is manufactured in India, or
    (b)if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.
(2)Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view of the discovery and, so far as is reasonably practicable, the elimination or minimization of any risks to the health or safety of the workers to which the design or article may give rise.
(3)Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.
(4)Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control.
(5)Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without ricks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the term of the undertaking.
(6)For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article.
  [Explanation.: For the purposes of this section, “article” shall include plant and machinery.]

Specific responsibility of the occupier in relation to hazardous processes

[Sec 41C of The Factories Act,1948]

Every occupier of a factory involving any hazardous process shall –
  (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed;
  (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed;

Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final;

  (c) Provide for medical examination of every worker –
    (i)before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and
    (ii)while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed.

Collection and development and dissemination of information

[Rule 61 I of The Assam Factories Rules,1950]

(1)The occupier of every factory carrying on a ‘hazardous process’ shall arrange, to obtain or develop information in the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or material handled in the manufacture, transportation and storage in the factory. It shall be accessible upon request to a worker for reference –
  (a)every such Material Safety Data Sheet shall include the following information –
    (i) the identity used on the label;
    (ii) hazardous ingredients of the substance;
    (iii) physical and chemical characteristics of the hazardous substance;
    (iv) the physical hazards of the hazardous substances, including the potential for fire, explosion and reactivity;
    (v) the health hazards of the hazardous substances, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the substance;
    (vi) the primary route(s) of entry;
    (vii) the permissible limits of exposure prescribed in the Second Schedule under Section 41F of the Act., and in respect of a Chemical not covered by the said Schedule, any exposure limit used or recommended by the manufacturer, importer or occupier;
    (viii) any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks;
    (ix) any generally applicable control measures, such as appropriate engineering, controls, work practices, or use of personal protective equipment;
    (x) emergency and first-aid procedure;
    (xi) the date of preparation of the Material Safety Data Sheet, or the last change to it; and.
    (xii) the name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures, if necessary.

Labelling

(2)Every container of a hazardous substance shall be clearly labeled or marked to identify –
  (a)the contents of the container;
  (b)the name and address of the manufacturer of importer of the hazardous substance;
  (c) the physical and health hazards; and
  (d)the recommended personal protective equipment needed to work safely with the hazardous substance.

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