Under Section 41-B

Following Information are required to be compulsory disclosed by the occupier to the authority, workers and general public.
Such information to be disclosed in the manner prescribed includes danger) health hazards and measures to overcome them, a detailed safety policy with respect to the health and safety of the workers, any change in this policy, quantity, specification and other characteristics of wastes and the manner of their disposal, an on-site emergency plan and detailed disaster control measures, safety measures to be taken in the event of an accident, nature and details of the hazardous process in the form and manner prescribed and measures for handling, usage, transportation and storage of hazardous substances inside the factory and the disposal of such substances outside the factory. The manner to publish them among the workers and public shall also be prescribed. The hazard to be Informed are those arising
from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes.

The proposed hazardous factories have to inform chief Inspector of Factories within 30 days before the commencement of such process, the details of the process in the form and manner as may be prescribed. Breach of this provision may result in cancellation of the factory license u/s 6, in addition to other penalties.

Detailed information under different sub-sections are as follows:

Here we will see how the information regarding hazardous process should be collected and developed in the form of
Material Safety Data Sheet (MSDS) and then how it should be disclosed to the workers, general public, local authority and the Chief Inspector.

(A) MATERIAL SAFETY DATA SHEET (MSDS) Such sheet should be prepared in respect of every hazardous substance handled in the manufacturer, transportation and storage in the factory and should be accessible to workers on request.

Every container of a hazardous substance ahead be labeled to identify the (1) Contents (2) Name & address of manufacturer or importer (3) Physical and health hazard and (4) Recommended personal protective equipments needed to work safely. If the container is to be transported outside the factory
premises it should be labeled as guidelines given u/s 4l-B(7), in paragraph (4) following.

(B) DISCLOSURE OF INFORMATION TO THE WORKERS

The occupier of a factory carrying on a hazardous
process shall supply to all workers the following information.

1. Requirements u/s 41-B, 41-C and 41-H of the Act.

2. List of hazardous processes carried on in the factory.

3. Location and availability of all Material Safety Data Sheets     explained in foregoing part (A).

4. Physical and health hazards arising from the exposure to or     handling of substances.

5. Safely and control measures taken for above hazard.

6. Measures to be taken by the workers to ensure safe     handling, storage and transportation of hazardoul     substances.

7" Personal Protective Equipments to be used by workers      employed in hazardous processes or dangerous operations.

8. Meaning of various labels and markings used on the     containers of hazardous substances.

9. Signs and symptoms likely to be manifested on exposure to     hazardous substances and to whom to report.

10. Measure to be taken by the workers in case of any spillage     or leakage of a hazardous substance.

11. Role of workers vis-a-vis the emergency plan of the     factory, in particular the evacuation procedure.

Above information shall be supplied individually through booklets or leaflets and display of cautionary notices in the language understood by the majority of the workers.

The Chief Inspector may, if finds it necessary, review the information so supplied and direct the occupier to supply further information as deemed necessary.

Information on industrial wastes shall also be supplied to the workers as required by section 4l-B(l) and (3). This shall include the quantity of solid and liquid wastes generated per day, their characteristics and the method of treatment inch as incineration of solid wastes; chemical and biological treatment of liquid wastes and arrangement for their final disposal. It shall also include the quality and quantity of gaseous waste discharged through the stacks or other openings and arrangements of scrubbers, cyclone separators, electrostatic precipitators etc, to control pollution of the environment.
While providing such information to the workers, public, Chief Inspector and Emergency planning Officer (Collector), u/s 4l-B(l), the details of process and formulation etc, which may adversely affect the business interest, may be kept confidential by the occupier.

The occupier shall review once in every year and modify, if necessary, above information furnished to the workers, public. Chief Inspector, Emergency Planning Officer and the local authority. [Section 7-A(3) and 4l-B(l)]

(C) DISCLOSURE OF INFORMATION TO THE GENERAL PUBLIC

The occupier carrying on hazardous process shall inform the general public likely to be affected by an accident. Such information shall include :

1. Name and address of the factory.

2. Identification, by name and position) of the person giving     information.

3. Confirmation that the factory has approval from the local     authority, Factory Inspectorate, Pollution Control Board or     the Site Appraisal Committee.

4. An explanation in simple terms of the hazardous processes in     the premises.

5. The common names of the hazardous substances used which     could cause an accident likely to affect them, with an     indication of their principal harmful characteristics.

6. An assurance that the factory is taking all reasonably     practicable measures to minimized the risk of such accident     in compliance with its legal obligation under relevant safety     itatutes,

7. Salient features of the approved disaster control measures     adopted in the factory.

8. Details of emergency warning systems of the factory.

9. General advice on the action to be taken by the public on     hearing the warning.

10. An assurance that the factory has made adequate     arrangements in the factory, including liaison with the     emergency services, to deal with foreseeable accidents of     such nature and to minimize their effects.

11. Place from where further information can be obtained.

This information shall alio be supplied to the hospitals, fire service and civil defense authority of the area.

The occupier shall also supply further information to the general public as directed by the Emergency Planning Officer (Collector) from time to time and also to the elected representative of the public on request.

The occupier shall endeavors to enter an agreement with the E P 0 to take necessary steps by the E P 0 to inform the general public outlined the factory who are likely to be affected by an accident.

All such information to the public shall be in the regional language and in English or Hindi.

(D) DISCLOSURE OF INFORMATION TO THE LOCAL AUTHORITY

The occupier carrying on hazardous process shall furnish the following information in writing to the local authority :

1, Information furnished to the general public as prescribed in     para (c) above.

2. A statement of the names and quantities stored at any time     of hazardous substances Included in the list of chemicals     prescribed u/s 3(2) (vi) and (vii) of the Environment (     Protection ) Act, 1986.

(E) DISCLOSURE OF INFORMATION TO THE CHIEF INSPECTOR

The occupier carrying on hazardous process shall furnish, in writing, to the Chief Inspector a copy of all the information furnished to the workers, general public, Emergency Planning Officer and the local authority.

A copy of compilation of Material Safety Data Sheets in respect of hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector and also to the local Inspector.

Any other information required by the Chief Inspector from time to time shall also be furnished.

Under section 41-B(2), health and safety policy is required from all factories involving hazardous processes as in section 2(cb), but under section 7-A(3), it is required from non hazardous factories also except as exempted by rule as below.

All factories u/s 2(m)(i) and employing less than 50 workers and those u/s 2(m)(ii) and employing lcs" than 100 workers and not carrying out hazardous process u/s 2(cb) or dangerous operation u/s 87 may be exempted u/s 7-A(3) from submitting such health and safety policy if our Stale Rules so prescribe.

In all other cases the occupier of every factory shall prepare a written statement of bis policy in respect of health and safety of workers at work. In case of exempted factories, the Chief Inspector may require such policy, if, in his opinion, it is expedient to do so.

In such policy the occupier shall declare his intention, commitment and compliance of all statutory requirements
for the health and safety of his workers and draw up an organisational set up to carry out this policy clearly assigning
the responsibility of different levels and arrange for making the policy effective.

In particular, the policy should include (1) Arrangements for involving workers considered for health, safety and career advancement of individuals (3) Responsibility of contractors, subcontractors,transporters and other agencies entering the premises (4) Publication of health and safety performance in Annual report (5) Techniques and methods including safety audits and risk

assessment for periodical assessment of health, safety and environment status and taking all remedial measures (6) Extinction of this policy to all decisions including those for purchasing articles and selections and placement of personnel (7) Arrangements for informing, educating, training and retraining employees and the public at different levels wherever required.

A copy of such declared safety policy signed by the occupier shall be made available to the Inspector and Chief Inspector. Its copies shall be given to all workers including apprentices and transport workers. It shall be displayed and widely communicated in a language understood by the majority of the workers.

The occupier shall revise this policy as often as may be necessary and whenever any expansion or modification is made or new substances are introduced having implications on health and safety of persons at work or it is so suggested by the Inspector with specific measures to be incorporated.

On-site Emergency and Disaster Control Plan Every occupier carrying on hazardous process shall draw up an on-site emergency plan and detailed disaster control plan with the approval of the Chief Inspector and make it known to the Emergency Planning Officer (EPO) indicated by the State Government. It will specify the safety measures required to be taken in the event of an accident. Such plan should include the following information:

1. An assurance that the factory has carried out risk assessment and environment impact assessment studies and has taken all measures for the prevention of accidents affecting the general public or environment.

2. A statement of all possible events such as fire, explosion, release or leakage of toxic substances which may still take place inspite of all the measurer taken and a plan of the premises showing the places where such accident is likely to take place, (i.e. a statement of 'residual risks ' )

3. A statement of arrangements provided alongwith the resources and facilities available at his disposal to deal with any emergency. It shall include the details of agreements with neighbouring factories for mutual aid, medical facilities, trained persons available for fire fighting and rescue operational and other measures to meet the emergency.

4. A map of the area showing the approaches to the factory, the location of emergency facilities, name and telephone numbers of the persons in charge of the emergency actions.

5. A copy of the information to be furnished to the general public as mentioned in foregoing para I (C), to enable the EPO to communicate with the general public effectively indicating actions to be taken in case of emergency.

6. A copy of information furnished to the local authority as mentioned in foregoing para I (D), and any other information requested by the EPO from time to time.

The information furnished to the general public shall also be furnished to ( i ) The public hospitals of the area. Treatment methods and antidotes, if any, shall also be supplied, (ii) The fire service and civil defense authority of the area.

For further guidance, Chapter-24 ( page 842 ) of the author's book ' A Course in Industrial Safety ' may be

refereed. An on-site emergency plan can be designed on -I I heads as stated therein, i. e. (1) Purpose and policy (2) Site plan of the factory and surrounding (3) Types of overall emergencies (4) Assessments of in-plant hazards (5) Emergency organizations and functions (6) Telephone operator's guide (7) Emergency shut-down procedure (8) Link with off-site emergency plan (9) Pre-information to doctors and hospitals. (10) Safety Officer and (11) Printed plan, copies and rehearsal.

The emergency plan shall be rehearsed and practiced at regular intervals to test efficiency of personnel, equipments, co-ordinated efforts and to increase the confidence and experience to operate such plan. The personnel shall be properly trained for this purpose.

Section 41-B(7) and 4l-B(l) require safety measures for hazardous substances in handling, usage, manufacture, transportation and storage inside the factory and their safe disposal outside the factory and to published them among the workers and general public.

Other modes are discussed earlier. Transportation safety is suggested here as follows.

Vehicle used in transportation of hazardous substances should be in good condition and with valid license. Class labels or subsidiary risk labels and Emergency Information Panel etc, should be prominently affixed on the vehicles. In its cabin it should carry Transport Emergency Card (TREM CARD) giving instructions to meet any emergency, suitable fire extinguisher, personal protective equipments, and first aid box with antidotes.

The drivers of such vehicles should be trained in dealing with emergencies during transportation including accident, fire, explosion, spillage, leakage, first-aid etc. They should be given the necessary instructions in writing relating to individual or class of hazardous substances.

The labels, markings, TREM CARD, instruction and Emergency Information Panels shall be in English or Hindi and the language of the State where the factory is situated.

Recommendations of the UN Committee of Experts on the Transport of Dangerous Goods shall be followed. Maharashtra guidelines arc also available. furnish details be prescribed by the State Rules.