Rule 61. The manner of disclosing information by occupier of a factory under

sub-section (1), (2), (5) and (7) of section 84- (1) The occupier of every factory carrying on a "hazardous process' shall arrange to obtain or develop information yearly in the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or material handled in the manufacture, transportation and storage in the factory. It shall be accessible upon request to a worker for reference— Every such Material Safety Data Sheet shall include the following information: - a. The identity used on the label; b. Hazardous ingredients of the substance; c. Physical and chemical characteristics of the hazardous substance; d. The physical hazards of the hazardous substance, including the potential for fire, explosion and reactivity; e. The health hazards of the hazardous substance, including signs and symptoms of exposure and any medical conditions which are generally recognised as being aggravated by exposure to the substance; f. The primary route(s) of entry; g. The permissible limits of exposure prescribed in the Schedule-E of the Code, and in respect of a Chemical not covered by the said Schedule, any exposure limit used for recommended by the manufacturer, importer or occupier; h. Any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks; i. Any generally applicable control measures, such as appropriate engineering controls, work practices, or use of personal protective equipment; j Emergency and first aid procedures; k. The date of preparation of the Material Safety Data Sheet, or the last change to it; W5 if. The name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures, if necessary. 2. The occupier while obtaining or developing a Material Safety Data Sheet in respect of a hazardous substance shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination.If he becomes newly aware of any significant evidence used in making the hazard determination. If he becomes newly aware of any significant information regarding the hazards of a substance, or ways to protect against the hazards, this new information shall be added to the Material Safety Data Sheet as soon as practicable i. An example of such Material Safety Data Sheet is given in the Schedule-C; ii. Labelling: Every container of hazardous substances shall be clearly labelled or marked to identifya. b. the contents of the container; the name and address of the manufacturer or importer of the hazardous substances; C. the physical and health hazards; and d. The recommended personal protective equipment needs to work safely with the hazardous substance. 3. Disclosure of Information to Workers. - 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 processesa. Requirements of sections 84, 85 and 89 of the Code; b. A list of 'hazardous processes' carried on in the factory; c. Location and availability of all Material Safety Data Sheets as per Rule 58; d. Physical and health hazards arising from the exposure to or handling of substances; - 100420282 A= 7 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; . Personal. Protective Equipment required to be used b workers employed in 'hazardous process' O dangerous operations; h. Meaning of various labels and markings used on the containers of hazardous substances as provided under Rule 58; 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. ii The information required by sub-rule (i) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the workplaces. 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; The Chief Inspector-cum-Facilitator may direct the occupier to supply further information to the workers as deemed necessary. 4. Disclosure of information to general public. - i The occupier of every factory carrying on a 'hazardous process' shall in consultation with the District Emergency Authority designated by the Appropriate 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; 5. 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 premises; 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 minimize 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 minimize their effects; and k. Details of where further information can be obtained. ii The occupier shall also supply any further informationa. to general public as directed by the District Emergency Authority from time to time; b. to the elected representatives of the general public on request; ili. The occupier shall endeavour to enter an agreement with the District Emergency Authority for the area, within whose jurisdiction the factory is situated, for the District Emergency 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 clause (i); iv. The information prescribed in sub-rule (4) shall be in the regional language and in English or Hindi. Disclosure of information to the local authority.The occupier of every factory carrying on a 'hazardous process' shall ch.: 6. furnish the following information in writing to the local authority having jurisdiction over the area in which the factory is situated: - i the information furnished to general public as prescribed in sub-rule (4) ii 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 subsection (2) of section 3 of the Environment (Protection) Act,1986. 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 Government of Jammu and Kashmir, all information having a bearing on preparation of an on-site emergency plan and a disaster control and management plan in respect of the factory; iї Without prejudice to the generality of this clause, the occupier shall furnish 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) compilation 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 aneighbouring factory for aid and assistance in the event of an emergency;

e) A map of the area showing the approaches to the *) A any oc thio ar factory location of emergency facilities such as hospitals, police, fire service; The organisation of the management and the responsibility for safety indicating therein the persons organise ato afety responsible for on- site emergency action;

9) Details relating to alert system;

h) Information on availability of antidotes for poisoning resulting from an accident; Any other information as may be considered relevant by the occupier or asked for by the District Emergency Authority. 7. Disclosure of information to the Chief Inspector. - i. The occupier of every factory carrying on "hazardous process' shall furnish, in writing, to the Chief Inspector-cumFacilitator a copy of all the information furnished to the workers, local authority, general public and the District Emergency Authority; il. 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 the local Inspector; iil. The occupier shall also furnish any other information asked for by the Chief Inspector from time to time for the purpose of this Code and Rules made thereunder. 8. Emergency plan. - i. The occupier of a factory carrying on a hazardous process shall prepare a draft on-site emergency plan and submit it to the Chief Inspector-cum-Facilitator. The Chief Inspectorcum- Facilitator may make such modification in the plan as necessary, in consultation with the occupier and approve the same; ii. The occupier will submit a copy of the approved plan to the District Emergency Authority; iil. The occupier will intimate the workers the provisions of the emergency plan and hold rehearsals of the plan periodically. He shall review the plan from time to time and make necessary changes therein under intimation to the Chief Inspector-cum- Facilitator and the District Emergency Authority: iv. The Chief Inspector-cum-Facilitator 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. 9. Disaster Control and Management Plan. - i. iii. iv. 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 and the District Emergency Authority; The District Emergency Authority on receipt of the plan shall hold consultation with the occupier, representatives of the Chief Inspector, the State Pollution Control Board, local authority as well as police, health fire brigade and other authorities concerned and finalise the plan; 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; The occupier in consultation with the District Emergency Authority will arrange rehearsals of the plan at least once a year; The chief Inspector-cum-Facilitator may issue guidelines for formulation of disaster control and management plans. The Chief Inspector as well as the District Emergency Authority may after mutual consultation also direct modifications of the disaster control and management plan in respect of a factory 10. Information on Industrial Wastes. - i. The information furnished under sub rules (3), (5), (6) & (7) of Rule 60 shall include the quantity of the solid and liquid generated per day, their characteristics and the method of treatment such as incineration of solid wastes, chemical and biological treatment of liquid wastes, and arrangements for their final disposal; il. It shall also include information on the quality and quantity of gaseous waste discharged through the stacks or other openings, and arrangements such as provision of scrubbers, cyclone separators, electro-static precipitators or similar such arrangements made for controlling pollution of the environment; The occupier shall also furnish the information prescribed in the clause (i) and clause (ii) to the State Pollution Control Board. 11. Review of the Information furnished to workers etc.- i. The occupier shall review once in every calendar year and modify, if necessary, the information furnished under subrule (3) to (7) of Rule 60 to the workers, general public, local authority, Chief Inspector and the District Emergency Authority; In the event of any change in the process or operations or methods of work or when any new substance is introduced in the process of in the event of a serious accident taking place, the information so furnished shall be reviewed and modified to the extent necessary; 12. Confidentiality of information. - i. 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—

a) His workers;

b) District Emergency Authority; and

c) Chief Inspector as required under sub-rules (3), (6) and (7) of Rule 60. If the occupier is of the opinion that the disclosure of details regarding the process and formulations will 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-cumFacilitator shall give an opportunity to the occupier of being heard and pass an order on the representation; ii. An occupier aggrieved by an order of Chief Inspector-cumFacilitator may prefer an appeal before the Government of Jammu and Kashmir within a period of 30 days. The Jammu and Kashmir Government shall give an opportunity to the occupier of being heard and pass an order. The order of the Government shall be final.