Rule 69. Manner of disclosing information by occupier of a factory under sub-section (1) of section 84

(A) DISCLOSURE OF INFORMATION TO WORKERS.—

(1) The occupier of a factory carrying on a ‘hazardous process’ shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation, storage and other processes:

(a) Requirements of Sections 84(1) of the Code;

(b) A list of ‘hazardous processes’ carried on in the factory

(c) Location and availability of all Material Safety s as per Schedule V;

(d) Physical and health hazards arising from the exposure to or handling of substances;

(e) Measures taken by the occupier to ensure safety and control of physical and health hazards;

(f) Measures taken by the workers to ensure safe handling, storage and transportation of hazardous substances;

(g) Personal Protective Equipment required to be used by workers employed in ‘hazardous process’;

(h) Meaning of various labels and markings used on the containers of hazardous substances as provided under Schedule V;

(i) Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;

(j) Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance

(k) Role of workers vis-à-vis the emergency plan of the factory, in particular the evacuation procedures;

(l) Any other information considered necessary by the occupier to ensure safety and health of workers.

(2) The information required by sub-rule (1) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the work places.

(3) The booklets, leaflets and the cautionary notices displayed in the factory shall be in the language understood by the majority of the workers and also explained to them.

(4) The Chief Inspector may direct the occupier to supply further information to the workers as deemed necessary.

(B) DISCLOSURE OF INFORMATION TO GENERAL PUBLIC

(1) The occupier of every factory carrying on a ‘hazardous process’ shall in consultation with the District Disaster Management Authority designated by the State Government, take appropriate steps to inform the general public who are likely to be in the area which might be affected by an accident. Such information shall include:

(a) Name of the factory and address where situated;

(b) Identification, by name and position, of the person giving the information;

(c) Confirmation that the factory has approval from the Factories Inspectorate and Pollution Control Board;

(d) An explanation in simple terms of the hazardous process (es) carried on in the premise;

(e) The common names of the hazardous substances used which could give rise to an accident likely to affect them, with an indication of their principal harmful characteristics;

(f) Brief description of the measures to be taken to minimise the risk of such an accident in compliance with its legal obligations under relevant safety statutes;

(g) Salient features of the approved disaster control measures adopted in the factory;

(h) Details of the factory’s emergency warning system for the General Public;

(i) General advice on the action members of the public should take on hearing the warning;

(j) Brief description of arrangements in the factory, including liaison with the emergency services, to deal with foreseeable accidents of such nature and to minimise their effects; and

(k) Details of where further information can be obtained.

(2) The occupier shall also supply any further information.—

(a) to general public as directed by the District Disaster Management Authority from time to time;

(b) to the elected representatives of the general public on request.

(3) The occupier shall endeavour to enter an agreement with the District Disaster Management Authority for the area, within whose jurisdiction the factory is situated, for the District Disaster Management Authority to take appropriate steps to inform the general public outside the factory who are likely to be affected by an accident as required in sub-rule (1).

(4) The information prescribed in sub-rule (1) shall be in Hindi and English and shall also be displayed in big hoarding at conspicuous places around the outside boundary of the factory as well as in the habitation likely to be affected by it.

(C) DISCLOSURE OF INFORMATION TO THE LOCAL AUTHORITY.— The occupier of every factory carrying on a ‘hazardous process’ shall furnish the following information in writing to the local authority having jurisdiction over the area in which the factory is situated –

(a) the information furnished to general public as prescribed in the Rule 73B;

(b) a statement of the names and quantities generally stored or in process of hazardous substances included in the list of chemicals prescribed under clauses (vi) and vii) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986.

(D) DISCLOSURE OF INFORMATION TO THE CHIEF INSPECTOR-CUM-FACILITATOR.—

(1) The occupier of every factory carrying on ‘hazardous process’ shall furnish, in writing, to the Chief Inspector a copy of all the information furnished to the workers, local authority and general public.

(2) A copy of compilation of Material Safety Data Sheets as per SCHEDULE V in respect of hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector, and the local Inspector.

(3) The occupier shall also furnish any other information asked for by the Chief Inspector-cum-Facilitator from time to time.

(E) Disclosure of information to District Emergency Authority.—The occupier of a factory carrying on a hazardous process, shall intimate the District Emergency Authority designated by the State Government, all information having a bearing on preparation of an off- site emergency plan and a disaster control and management plan in respect of the factory. Without prejudice to the generality of this clause, the occupier shall furnish to the district Emergency Authority the following:

(a) a report on status relating to risk assessment and environmental impact assessment and the measures taken for prevention of accidents;

(b) completion of Material Data Sheets in respect of hazardous substances used, produced or stored in the factory;

(c) a statement on all possible sources of accidents involving fire, explosion, release or leakage of toxic substances and the plan of the premises where such an accident may occur;

(d) a statement on resources and facilities available for dealing with an emergency including any agreement entered into with a neighbouring factory for aid and assistance in the event of an emergency;

(e) a map of the area showing the approach to the factory, location of emergency facilities such as hospitals, police, fire service;

(f) the organisation of the management and the responsibility for safety indicating therein the persons responsible for on-site Emergency action;

(g) details relating to alert system;

(h) information on availability of antidotes for poisoning resulting from an accident;

(i) any other information as may be considered relevant by the occupier or asked for by the District Emergency Authority.

(F) Emergency Plan.—

(1) The Occupier of a factory carrying on a hazardous process shall prepare a draft onsite emergency plan and submit it to the Chief Inspector cum facilitator of factories . The Chief Inspector cum facilitator may make such modifications in the plan as necessary in consultation with the occupier and approve the same.

(2) The Occupier will submit a copy of the approved plan to the District Emergency Authority.

(3) The occupier will intimate the workers the provisions of the emergency plan and held rehearsals of the plan periodically. He shall review the plan from time to time and make necessary changes therein under information to the Chief Inspector cum facilitator of factories and the District Emergency Authority.

(4) The Chief Inspector cum facilitator of factories may issue guidelines relating to formulation of emergency plans. He may also direct modifications of the emergency plan in respect of any factory as may be necessary, from time to time.

(G) Disaster Control and Management Plan.—

(1) The occupier of every factory carrying on a hazardous process, shall prepare a draft disaster control and management plan in respect of his factory and submit the same to the Chief Inspector cum facilitator of factories and the District Emergency Authority.

(2) The District Emergency Authority on receipt of the plan shall hold consultation with the occupier, representatives of the Chief Inspector cum facilitator, Local Authority as well as police, health, fire brigade and other authorities concerned and finalise the plan.

(3) The District Emergency Authority shall forward a copy of the final plan to the occupier and all authorities concerned. The occupier shall intimate the workers the contents of the plan.

(4) The occupier in consultation with the district emergency Authority will arrange rehearsals of the plan at least once a year.

(5) The Chief Inspector cum facilitator may issue guidelines for formulation of disaster control and management plans. The Chief Inspector cum facilitator as well as the District Emergency Authority in consultation with the Chief Inspector cum facilitator may also direct modifications of the disaster control and management plan in respect of a factory as may be necessary from time to time.

(H) Confidentiality of information.—The occupier of a factory carrying on hazardous process shall disclose all information needed for protecting safety and health of the workers and the general public in the neighbourhood to:

(a) his workers;

(b) the Chief Inspector cum facilitator of factories , and

(c) District Emergency Authority. As required under this rule, If the occupier is of the opinion that the disclosure of details regarding the process and formation, while adversely affect his business interests, he may make a representation to the Chief Inspector cum facilitator stating the reasons for withholding such information. The Chief Inspector cum facilitator shall give an opportunity to the occupier of being heard and pass an order on the representation. An occupier aggrieved by an order of Chief Inspector cum facilitator, may prefer an appeal before the State Government within a period of 30 days. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the State Government shall be final