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HEALTH HAZARDS AN LEGAL ASPECTS

OCCUPATIONAL HEALTH HAZARDS

Occupational health hazards are due to

1. Abnormal air pressure


2. Abnormal temperature and humidity
3. Defective illumination
4. Radiation energy
5. Vibration and noisy operation

Chemicals by nature are toxic and unsafe for easy handling. Industries by nature emit
fumes and poisonous gases and pollute the environment

1. People working in mines are prone to lung diseases


2. People working in cement and refractory units are affected by dust problems
3. People working in paint and lacquer industries are prone to lung and eye problem due
to organic solvents and pigments
4. People working in atomic establishments are likely to suffer blood cancer, complete
body weakness and sterility problems
5. People working in furnaces and not zones are affected by early fatigue and exhaustion

In general occupational health hazards are common. Slowly they erode the health of the
working personnel and also the environment.

Prevention Methods:

1. Periodical medical checkup of the employee


2. Early diagnosis of the disease followed by effective treatment
3. If medical checkup is positive , the affected personnel should be given periodical rest
or transferred to a less hazardous situation.
4. Employees must obey the safety practices thy should wear the safety devices, adopt
the safety techniques and behave with a sense of responsibility while working in
hazardous areas.

INDUSTRIAL HEALTH HAZARDS

Irritant gases. May cause extreme burning of eyes and cause


tears. May also cause difficulty in breathing and
coughing
Effects may be serious if exposed for a longer
duration
Explosives Fires may produce irritant gases
Nonflammable gases May cause suffocation or dizziness if breather
Non flammable gases May cause suffocation or dizziness if breathed
Nonflammable corrosive. Gases Very irritating. Contact with skin may cause
burns.
Flammable gases May cause suffocation or dizziness if breathed
Flammable corrosive gases Very irritating. Contact with material may cause
burns to skin and eyes.
Nonflammable poisonous gases Can lead to fatality if breathed in higher
concentration. Contact with material may cause
burns to skin and eyes. Water may be polluted
Oxidizer, poisonous -------------- do ------------------
Flammable, poisonous , gases, Breathing causes little irritation and lead to
fatality. Water may be polluted.
Combustible liquids Vapours may cause suffocatioin or dizziness.
Fires may cause irritant gases.
Flammable, corrosive Vapours may be irritating if breathed. Contact
with material may cause burns to skin and eyes.
Water may be polluted.
Pyrophoric liquids Contact with material may cause severe burns
to skin and eyes.
Flammable solids ------------------------ do --------------------
Radio active, low hazard Degree of hazard will vary. It’s not of
immediate threat to life.
Radio active Prolonged exposure pay be or threat to life or
health
Corrosive Vapours may be irritating if breathed. Contact
with materials may cause severe burns to skin
and eyes.
Corrosive, combustible Contact with materials may cause severe burns
to skin and eyes. Vapours may cause irritation.
Water may be polluted. Poisonous hazards may
be created.

SAFE WORKING ENVIRONMENTS

The need to build safe working environments has lead to enormous increase in the
proportion of design time devoted for safety studies. Plants must function as planned safely carry
out the operations. The requirements of acceptable quantity values on the parameters and which
are also affected by such factors as experience, operability, good practice and the meeting of
guarantees, operating limits of the parameters are concerned with safety on operation.

Design implies selection of proper materials of construction, proper reaction volumes,


simulation of reaction conditions, reaction time with safety considerations in all these parts.
Materials must stand both corrosion and erosion at the operating conditions. Metallic
materials used for equipments are tested for tensile strength, ductility, hardness, impact strength
and fatigue. It’s physical properties like thermal, electrical and magnetic characteristics, density,
dimensional accuracy are clearly taken for consideration during design of equipments.

Also fabrication procedures like heat treatment, hardening methods, stress relieving in
weldings, surface finish are given due importance before the equipment is installed.

Generally in the design of process or equipments, the variables like temperature of


operation, pressure, flow and velocity conditions, level, chemical reactivity, mechanical stresses
are mentioned clearly for enabling process operations.

Margins of the variables like upper limit, lower limit and normal operating limit are to be
specified for each of the parameters. Also during designing, an allowance for safety should be
added normally (ie) design pressure must be maximum pressure plus 10% operating pressure.

Other variables to be included are chemical composition corrosion, vibrations and


shocks, water hammer, expansion or contraction and environmental conditions so that safe
operation of the equipment is possible.

LEGAL ASPECTS OF SAFETY

The primary objective of any act is to ensure adequate safety measures and provide and
promote for the health and welfare of employees in factories. Under the directive principles of
the constitution of India, health and welfare of the workers are required to be guarded by
providing safe and healthy working conditions in work places. This is achieved through legal
lesislations enacted through parliament.

Both state and central governments have therefore enacted various legislatioins which are
required to be strictly enforced. Following are some of the legislations regulating various
industrial activities.

Factories act.1948. Amended in 1987

This statutory regulations are governed by the chief of inspector of factories, Ministry of
labour and government of each state in our country.

1.1 Section 6 Approval licensing & Regulation of factories

This section deals with approval drawing plans for a new factory or exeansion of a n
existing one. Application shall be made in form no.1 along with a flowchart of the manufacturing
process, brief description of the process, plant layout along with elevation, location of machines
and equipments etc.in site plan.
Factory manager shall apply in form no.2 for the registration of the factory accompanied
by an application in form no.3 for the grant of license. The chief inspector in term registers the
factory and grants the license in form no.4.

Section 7 A. General duties of occupier and manufacturer.

The general duties cast under section 7A(1) of the factories act 1948 states that every
occupier of the factory so far as can reasonably practicalbe shall ensure that health, safety and
welfare of all workers while they are at work in the factory. A written statement of safety &
health policy can be formed and implemented.

Section 7. B General duties as regards article and substance for use in factories:

This section lays down general duties on the designers, manufacturers, importers or
suppliers of any article for use in factories. This section envisages principle of built in safety or
product safety.

Section 14. Fumes and Gases

If the manufacturing process gives out dusts or fumes or other impurities which may be
injurious or offensive to the workers employed in the process then effective measures should be
taken to prevent hazard of inhalation and accumulation in one room.

Section 31. Pressure Plant

Time schedule and method of testing of pressure vessels and lines is dealt with in this
section.

Section 32. Floors Stairs & Means of access

Maintenance of floors, stairs and means of access in good condition at every place of
work considering the emergency requirements.

Section 33. Pits, Sumps, Openings in floors

Adequate protectiion at pits, sumps and opening in floors is to be provided while working
at it.

Section 36.Precautions against dangerous fumes, gases etc.

Persons are required to enter into confined space. Hence method of entry permit in the
form of document is to be followed along with other requirements. Also electrical appliances
exceeding 24 volts should not be used.

Section 37.Explosives or Flammable gases


For safety against flammable gases, fires and explosive effective enclosure of the plant,
eliminatiion and accumulation hazardous dust, gas etc. And confining the spaces (ie) sources
ignition etc. Measures are to the taken. Hot jobs may be convered documented clearances.

Section.38. Precantions against fire.

Possibility of fires cannot be ruled out. Practicab measures to prevent the outbreak of
fires and it’s spread are to this taken.

Sections 41 A to 41 H are added in the factorias act 1946 during the amendments done in
the year 1987. These sectiions deal with requirements of chemical industries.

Section 41 A. Constitution of Site Approval Committee

Clearance is required for initial location of the hazarding process industries or expansion
of existing industries from SAS constituted under this section.

Section 41 B & C

Information about the hazards involved in the plart an chemicals used in the plant are to
be disclosed to the authority. Safety policy, Waste disposal mothods, on & off site disaste plans
are some of the requirements. Apart from it related measures like providing necessary facilities
for the protection fo workers medical examination of the workers at various stages are to be
taken.

Section 41. F. Permissible limits of exposure of chemicals toxice

Factories act lists about 117 chemicals and their maximum possible limits of exposure in
the manufacturing process which should be indicated in plants.

Section 41. Workers participation in safety management

The company has to setup a safety committee consisting of equal number of


reprementatives of active workers and managemnt promote safety.

EMPLOYEES STATE INSURANCE ACT

This act is the first major effort in out country to provide social security to workers. It
was passed in 1948, and is operation since 1952.

Under this act every employee in specified industrles and establishments is insured. Each
worker has to make a certain percentage of his salary as contribution, and the corrde ponding
amount is paid by the employer. For udminstration of thre Act, the Government have istitued, a
corroratiion, which to managed by govenment oppointees and representatives of employers and
employees.
The major benefits of this Act are 1. Sickness benefit. 2. Maternity benefits 3.
Disablement benefits 4. Medical benefits and dependent benefits.

WORKMEN’S COMINESATION ACT

Workmone compensations act is introdued in the year 1923. This Act is introduced as a
social security measure to products public welfare. The comporation Act deasl with the
concequrect of an Industrial injury. Industrial injury means, the injury eased to an employee
while he 10 in work in the industry this act 10 applicale to worknon

According to this law the employer is not liable in the follow ciroustances

1. The dis- abloment or incompecity does not lost for more than three days
2. The injury does nto result in death and it is easo direaly by the workers drantaneess of
wilful disobedience of safety rules to
3. The acident causing or death of the workman does not uzlec in course of employment.
4. The workman has already filed a civil sult for demages for the some injury against the
employer or another controller.

AMOUNT OF COMPERSATION

Compensation depends upoe the nature of the accident resulting in death partial
disablements, comperary diosulment and parmanent disablement. According to this law, the
award of compensation should be same both for adults and minors.

PERMANENT TOTAL DISBLEMENT

For the corporation the percentage of earning capacity should be taken, into cocount
permoment total disablemetn -----loss of full earning ------------ for life. In such a case full
---------- must be paid

TEMPORARY DIS- ABLEMENT

In such cases a half monthly payment is payable

CALCULATION OF WAGES FOR COMPENSATION

The following procedures has been followed in calculation of wages for compension 1.
Where the worman has during a continous period of not less than 12 months immediately
preceeding the accident been in the service of the employer who is liable to pay compensation,
themonthly wages of the workman shall be 1/12 th total wages which have fallon due for
payment to him by the employer in the last 12 month of that peiod.

2. Where the whole of the continuous service immediately proceding the accident is less than one
month themonthly wages of the worksan shall be the average monthly amount which was being
earned by a workman employed on the some work under the same employer or by a workman
employed on similar work in the same locality.

3. In othe cases, the monthly wages shall be thirty times the total wages earned in respect of the
last, continuous period of service immediately precedding the accident divided by the number of
days comprising such period..

4. Lumpsum compensation payable to a workman or a person under legal disability or


compensotion in case of death of a workmen is to be doposited with the commissioner
propertly,if employer donios liabilities for compensations, the depondents are informed
accordingly and it is for them to judge whether to mark a claim or not.

5. Payment of advanced compensatioin by the employer pay conpenttion to the dependents is


permittied to the extent ofRs.100/-. The commissioner may allow payment of actual expenss upto
Rs.50/- from the compensatiion for a deceased workman before distribution of companesection
to the dependents.

MEDICAL EXAMINATION

The workmen should produce the medical certificated to the comisoioner. If he refuees to
do so, his right to receive compention is suspended. If the accident is caused by a the employer
after paying compensation can recover it teem the third party.

The Act is administered in every state by ------------ for workmans compensation


appointed by the state Government. It Tamil Nadu the duties are performed by the ‘Labout
Commisaioner’.

FACTORIES ACT 1948

After Insustrial Revoltion to improve wrlfare -------------- an other facilities like housing,
educatioin for children of the employees, the factories. Act was introduced in the year 1948.

REGISTRATION OF A FACTORY

An application in writing with the plans and specifications to be made to the appropriate
government or to the chief Inspector of Factores for the constructioin extension of factory as well
as the purpose of replacfing the plants. A licence will not be grant unless a proper notice in
writing according to sec 7 of the Act.

Notice should be given at least 10 days before the factory starts the work to the Inspector
of Factories regarding.

1. The name and situation of the factory


2. The name and address to which the communication to be sent.
3. The name and address of the occupier
4. The naute of the manufacturing process
5. The natjre and guality of power to be used
6. The name of the Manager
7. The number of workers employed using the last 12 months in the case of factory in
existence
8. Any other relevant particulars

FACTORY INSPECTOR AND THEIR POWERS

The enforecment of the provisions of the act is done by the chief Inspector of factories
assisted by several inspectors. The Government may appoint any person who possess the
prescribed qualifications to the inspectors.

POWERS OF THE INSPECTION

1. Surprise chock of the factories


2. Examination of the prescribed register and other document charts, layout, machinery
etc.,
3. Inspection of the canteen and other parts of the company

Every Inspector duly appointed is a public servant and the employer will be criminally
lable if he obstructs the Inspector is lawfully discharging duties

CERTIFYING SURGEONS

The state Government may appoint qualified medical practitioners to be certifying


surgeons for the purposes of this act. He will discharge the following duties.

1. To examins children and adolescent who are employed in the factory for their fitness
of health
2. To examine persons engaged in factories in dangerous occupations
3. To investigate the causes of illness which is pecuillar or recurring in a particular
factory
4. Surprise visit of the Factory within his jurisdictioin once in every 3 months.

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