After the Bhopal Gas Tragedy (1984), the Factories Act, 1948 was amended in 1987 to include special provisions for hazardous processes. The key amendment was the introduction of Chapter IVA (Sections 41A to 41H) under the Factories (Amendment) Act, 1987 to enhance safety in hazardous industries.
Key Provisions Added After the Bhopal Disaster:
1. Section 41A – Constitution of Site Appraisal Committee
A Site Appraisal Committee (SAC) must be formed to evaluate the suitability of locations for setting up hazardous industries.
2. Section 41B – Compulsory Disclosure of Information by Occupier
Factory owners (occupiers) of hazardous industries must provide safety information to workers and the public.
Disclose information
Create a health and safety policy
A Safety Policy must be prepared and implemented.
Create an emergency plan
Make safety measures known
Who should be informed?
The factory owner must inform the following parties about hazards and safety measures: Workers, Chief Inspector, Local authority, and General public.
3. Section 41C – Specific Responsibility of the Occupier in Hazardous Processes
The factory management is responsible for ensuring proper safety measures, equipment, and worker training.
Medical examinations
Appointing qualified staff:
Providing facilities:
Maintaining records
Supervising hazardous substances:
4. Section 41D – Power of Central Government to Appoint Inquiry Committee
The Central Government can appoint an inquiry committee to investigate any hazardous process accident.
5. Section 41E – Emergency Disaster Control Plan
Factories handling hazardous materials must have an on-site and off-site emergency plan to control disasters.
Local authorities and the community must be informed about safety measures.
6. Section 41F – Workers' Participation in Safety Management
Workers should be involved in safety management through representation in safety committees.
7. Section 41G – Right of Workers to Warn About Imminent Danger
Workers have the right to report unsafe conditions and stop work if they detect imminent danger due to hazardous processes.
8. Section 41H – Power of Workers to Approach Inspectors
Workers can directly approach the Factory Inspector if safety rules are violated.
Impact of the 1987 Amendment:
Strengthened safety regulations in hazardous industries.
Increased accountability of factory owners.
Improved worker and public safety awareness.
Laid the foundation for better disaster management policies in industrial areas.