Section 84 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)The occupier of every factory involving a hazardous process shall disclose in the manner prescribed by the State Government 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-cum-Facilitator or Inspector-cum-Facilitator, 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-cum-Facilitator or Inspector-cum-Facilitator and the local authority and, thereafter, at such intervals as may be prescribed by the State Government, inform the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator 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-cum-Facilitator, 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, if such factory proposes to engage in a hazardous process at any time after the commencement of this Code, within a period of thirty days before the commencement of such process, inform the Chief Inspector-cum-Facilitator about the nature and details of the process in such form and in such manner as may be prescribed by the State Government.
- (6)Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 79 to such factory shall, notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Code, be liable for cancellation.
- (7)The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector-cum-Facilitator, 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 publicise them in the manner prescribed by the State Government among the workers and the general public living in the vicinity.
Summary
- Factory occupiers using hazardous processes must disclose all health hazards and safety measures to their workers, inspectors, local authorities, and the public.
- When registering, the occupier must formulate a detailed health and safety policy and notify the authorities of any changes.
- The occupier must share accurate information regarding the quantity, specifications, and disposal methods of waste.
- The occupier must create an approved on-site emergency plan and disaster control measures, and publicize them locally.
- The occupier must inform the factory inspector about any hazardous process thirty days before starting it, or risk licence cancellation.
- The occupier must layout approved measures for handling and disposing of hazardous substances and publicize them in the area.
Practical examples
FAQ
1. What information must a factory owner disclose under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, the factory occupier must disclose all hazards, health dangers, and safety measures associated with handling materials, as well as the quantity, specifications, and disposal methods of waste.
2. What happens if a factory starts a hazardous process without informing the inspector under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020?
According to Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, if an occupier fails to notify the Chief Inspector-cum-Facilitator thirty days before commencing a hazardous process, the factory licence is liable for cancellation.
3. To whom must the factory health and safety policy be disclosed under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, the occupier must intimate the health and safety policy to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority.
Test yourself
Q1.Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, how many days before starting a new hazardous process must a factory occupier inform the Chief Inspector-cum-Facilitator?
Q2.Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the consequence if a factory occupier fails to provide the required notice before commencing a hazardous process?
Q3.Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, which of the following details must be included in the information disclosed about factory waste?
Q4.Under Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020, whose previous approval must a factory occupier obtain before laying down measures for handling and storing hazardous substances?