Working in confined space

What is a confined space?

Confined Space refers to any place, including any vessel, tank, container, pit, bund, chamber, cellar or any other similar space which, by virtue of its enclosed nature, creates conditions that give rise to a likelihood of an accident, harm or injury of such a nature as to require emergency action due to

• the presence or reasonable foreseeable presence of:
  -    flammable or explosive atmospheres
  -    harmful gas, fume or vapour
  -    free flowing solid or an increasing level of liquid
  -    excess of oxygen
  -    excessively high temperature
• the lack or reasonably foreseeable lack of oxygen

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What are the key characteristics which define a confined space?

The key characteristics of a confined space are:

• the space must be substantially enclosed
• there must be a risk of at least one of the hazards listed above occurring within the space
• the risk of serious injury from the hazard must be created by virtue of the enclosed nature of the space
• the potential injury must be serious and be such as to require emergency action to rescue the person involved.

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What are the hazards associated with confined spaces?

The hazards associated confined spaces include:

• Toxic Atmosphere
  A toxic atmosphere may cause various acute effects, including impairment of judgement, unconsciousness and death. A toxic atmosphere may occur due to the presence or ingress of hazardous substances. These substances may be present in the Confined Space for various reasons such as:
  -    remaining from previous processing or storage
  -    arising from the disturbance of sludge and other deposits
  -    the presence of a fire or flames within the space
  -    seepage from improperly isolated adjoining plant
  -    formation during the work processes carried out in the space
  -    being released from under scale and in brickwork as a result of the work process
• Oxygen Deficiency
  Oxygen can be lacking a confined space for the following reasons:
  -    displacement of air by another gas
  -    various biological processes or chemical reactions (such as rotting of organic matter, rusting of metals, burning, etc)
  -    absorption of air onto steel surfaces, especially where these are damp
• Oxygen Enrichment
  An excess of oxygen, in the presence of combustible materials, results in an increased risk of fire and explosion. Some materials, which do not burn in air, may burn vigorously or even spontaneously in an enriched oxygen atmosphere.
• Flammable or Explosive Atmospheres
  A flammable atmosphere presents a risk of fire or explosion. Such an atmosphere can arise from the presence in the confined space of flammable liquids or gases or of a suspension of combustible dust in air. If a flammable atmosphere inside a confined space ignites, an explosion may occur, resulting in the expulsion of hot gases and the disintegration of the structure.
• Flowing Liquid or Free Flowing Solids
  Liquids or solids can flow into the confined space causing drowning, suffocation, burns and other injuries.  Solids in powder form may also be disturbed in a confined space resulting in an asphyxiating atmosphere.
• Excessive Heat
  The enclosed nature of a confined space can increase the risk of heat stroke or collapse from heat stress, if conditions are excessively hot. The risk may be exacerbated by the wearing of personal protective equipment or by lack of ventilation

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What are the legal requirements in regard to confined space entry?

The Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 cover all work in relation to confined spaces.

Regulation 5 states that:

• A person shall not carry out work in Confined Spaces if it is reasonably practical that it could be avoided
• If the work must be carried out Hazard Identification and Risk Assessment must be carried out prior to the work commencing
• A person shall not enter a confined space unless there is a system of work in place that has been planned, organised, performed and maintained so as to render that work safe and without risk to health
• Anyone entering a confined space must be provided with appropriate information, training and instruction appropriate to the particular characteristics of the proposed work activities

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What are legal requirements in relation to Emergency Arrangements for confined spaces?

Regulation 6 of the Confined Space Regulations 2001 states that:

• A person shall not enter a confined space unless there is a suitable emergency arrangements have been made which are appropriate to the confined space in question
• The emergency arrangements shall include:
  -    all practical measures necessary to ensure the health and safety of  those taking part in the rescue
  -    the provision of a suitable and reliable means of raising the alarm in the event of an emergency
  -    having all necessary rescue equipment nearby and in a well maintained, good condition
  -    the provision of information, instruction and training to all involved in rescue procedures
  -    the provision of equipment and training for resuscitation procedures if there is a foreseeable risk that they will be needed.

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What must I look for in a confined space risk assessment?

When carrying out a risk assessment it is important to ensure that all risks associated with the hazards above are evaluated and controlled. When carrying out a risk assessment the following questions should be asked:

• What could be inside the space that would pose a risk?
  -    Contents?
  -    Oxygen Deficiency?
  -    Previous Contents?             
  -    Oxygen Enrichment?
  -    Residues?                            
  -    Structure and Layout?
  -    Contamination?
• What will be created due to the work carried out in the space?
  -    Sources of Ignition?            
  -   Flammable Substances?
• What‘s outside the space that might pose a risk during the proposed work?
  -    Inadequate Isolation?
  -    Inadvertent Operation Of Plant?
  -    Nearby Work Activities?

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Are there any exemptions from the Safety, Health and Welfare (Confined Spaces) Regulations 2001?

Yes. The regulations do not apply to any place below ground in a mine (as defined by the Mines and Quarries Act 1965) or to any diving operations.

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What are the key elements of a safe system of work for a confined space?

The key elements to be considered when drawing up a safe system of work are:

• Competence, training, supervision and suitability
• Permit-to-work procedure
• Gas purging and ventilation
• Dangerous residues
• Testing and monitoring of the atmosphere
• Mechanical, electrical and process isolation
• Respiratory protective equipment
• Other personal protective equipment
• Safe use of work equipment
• Communications
• Access and egress
• Flammable or explosive atmospheres
• Combustible materials

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What is a permit-to-work procedure?

A permit to work procedure is a means of achieving effective control of a system of work through formal written documentation known as a permit to work form.  The essential components of a permit-to-work system include:

• A written procedure, which sets out how the system is to operate and clearly defines who may authorise particular jobs and who is responsible for specifying and implementing the necessary precautions
• A form, known as the "permit-to-work form", which becomes a written and signed statement ensuring both the establishment of safe conditions for the work to commence and the maintenance of safe conditions for the duration of the work, including the provision of emergency arrangements
• A method of informing the persons carrying out the work of the exact identity, location, nature and extent of the job, the hazards involved and the precautions to be taken, and
• A system for ensuring the safe hand-back of the workplace after the job is completed and, in the case of confined space entry, after the space is vacated

Working at Height

These are briefing notes on the Work at Height Regulations - and some of the things you should be doing about them.

What is work at height?

Work at height is work in any place, including a place at, above or below ground level, where a person could be injured if they fell from that place. Access and egress to a place of work can also be work at height. 

Examples of work activities that are classified as working at height:

• Working on trestles
• Working on a flat roof
• Erecting false work or formwork
• Working on a ladder
• Working at ground level adjacent to an excavation;
• Working on formwork within an excavation
• Working near or adjacent to fragile materials

Our key messages 

• Carry out risk assessments for work at height activities and make sure that all work is Planned, Organised and carried out by a competent person
• Follow the  General Principles of Prevention for managing risks from work at height – take steps to avoid, prevent or reduce risks
• Chose the right work equipment and select collective measures to prevent falls (such as guard rails and working platforms) before other measures which may only reduce the distance and consequences of a fall (such as nets or airbags) or may only provide fall-arrest through personal protection equipment. 

Requirements for employers

The Work at Height Regulations require employers to ensure that:

• All work at height is properly planned and organised
• A risk assessment is carried out for all work conducted at height
• Appropriate work equipment is selected and used
• People working at a height are competent
• Equipment used for work at height is properly inspected and maintained
• Risks from fragile surfaces are properly controlled 

The risk assessment should include a careful examination of what harm could be caused from working at height with a view to taking the effective steps to reduce the likelihood of this harm occurring, either through avoiding the activity or, where this is not reasonably practicable, by carrying it out in a safe manner using work equipment that is appropriate to the task and the level of risk.

Exceptions

Examples of where these regulations do not apply would include:

• Walking up and down a staircase in an office
• Working in an office on the upper floors of a temporary accommodation building
• Sitting in a chair
• Work carried out by private individuals on their own homes where this is not for the purpose of business or trade

- See more at: http://www.hsa.ie/eng/Topics/Work_at_Height/#sthash.NNrYMBm7.dpuf

CHAPTER XI.- Supplemental

Section 107. Appeals.-

(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order,appeal against it to the prescribed authority, and such authority may subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.

(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:

Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or if it thinks fit, without the aid of any assessor.

(3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against, pending the decision of the appeal.

Section 108. Display of notices.-

(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice continuing such abstracts of this Act, and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.

(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.

(3) The Chief Inspector may, by order in writing serve on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

Section 109. Service of notices.-

The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

Section 110. Returns.-

The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purpose of this Act,

Section 111. Obligations of workers.-

(1) No worker in a factory -

• (a) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the worker therein;
• (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
• (c) shall wilfully neglect to make use of any appliances or other things provided in the factory for the purposes of securing the health or safety of the workers therein.

(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

Section 111A. Right of workers, etc.-

Every worker shall have the right to -

• (i) obtain from the occupier, information relating to worker's health and safety at work,
• (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work,
• (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.

Section 112. General power to make rules.-

The State Government may make rule providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the provisions of this Act.

Section 113. Powers of Centre to give directions.-

The Central Government may give directions to State Government as to the carrying into execution of the provisions of this Act.

Section 114. No charge for facilities and conveniences.-

Subject to the provisions of section 46 no fee or charge shall be realized from any worker in respect of any arrangement or facilities to be provided, or any equipment or appliances to be supplied by the occupier under the provisions of this Act.

Section 115. Publication of rules. -

(1) All rules made under this Act shall be published in the official Gazette and shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), shall be not less than forty-five days from the date on which the draft of the proposed rules was published.

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made, before the State Legislature.

Section 116. Application of Act to Government factories.-

Unless otherwise provided this Act shall apply to factories belonging to Central or any State Government.

Section 117. Protection of the persons acting under this Act.-

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 118. Restriction on disclosure of information.-

(1) No Inspector shall, while in service or after leaving the service disclose otherwise than in connection with execution, or for the purposes, of this Act, any information relating to any manufacturing of commercial business or any working process, which may come to his knowledge in the course of his official duties.

(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise or, for the purposes of any report of such proceedings as aforesaid.

(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to one thousand rupees, or with both.

Section 118A. Restriction on disclosure of information.-

(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.

(2) No Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:

Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.

Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970.-

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 or any other law for the time being in force.

Section 120. Repeal and savings.-

The enactment set out in the Table appended to this section are hereby repealed:

Provided that anything done under the said enactments, which could have been done under this Act, if it had been in force, shall be deemed to have been done under this Act.

CHAPTER X.- Penalties and Procedure

Section 92. General penalty for offences.-

Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier or manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with as further fine which may extend to one thousand rupees for each day on which the contravention is so continued.

Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.

Explanation. - in this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of and phalanges of the hand or foot.

Section 93. Liability of owner of premises in certain circumstances. -

(1) Where in any premises separate building are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue order, to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).

(3) Where in any premises, independent or self-contained floor or fiats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he was the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of -

• (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for those purpose in concerned;
• (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;
• (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;
• (iv) precaution, in case of fire;
• (v) maintenance of hoists and lifts; and
• (vi) maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (3).

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier, for use as separate factories:

Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities.

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48.

(7) Where in any premises, portions of a room or a shed are leased to different occupiers, for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of -

• (i) Chapter III, except sections 14 and 15;
• (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:

Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:
Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him;

• (iii) section 42.

(8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of premises in respect of the carrying out of the provisions of sub-section (7).

(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

Section 94. Enhanced penalty after previous conviction.-

(1) If any person who has been convicted of any offence punishable under section 92 is again found guilty of an offence involving a contravention Of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine, which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both;

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees:

Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.

(2) For the purpose of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.

Section 95. Penalty for obstructing inspector.-

Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

Section 96. Penalty for wrongfully disclosing results of analysis under section 91.-

Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to ten thousand rupees or with both.

Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.-

(1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.

Section 97. Offences by workers.-

(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees.

(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

Section 98. Penalty for using false certificate of fitness.-

Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allow it to be used, or an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to two months or with fine which may extend to one thousand rupees or with both.

Section 99. Penalty for permitting double employment of child.-

If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees, unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.

Section 100.- Omitted by Act 20 of 1987

Section 101. Exemption of occupier or manager from liability in certain cases.-

Where the occupier or manager of a factory is charged with an offence punishable under this Act he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court -

• (a) that he has used due diligence to enforce the execution of this Act, and
• (b) that the said other person committed the offence in question without his knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be, discharged from any liability under this Act in respect of such offence:

Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the occupier or manager, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.

Section 102. Power of court to make orders.-

(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such- behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.

(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefor by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine as aforesaid.

Section 103. Presumption as to employment.-

If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.

Section 104. Onus as to age.-

(1) When any act or omission would, if a person was under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age.

(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

Section 104A. Onus of proving limits of what is practicable, etc. -

In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or as the case may be, all practicable measures were taken to satisfy the duty or requirement.

Section 105. Cognizance of offences.-

(1) No court shall take cognizance of any offence under this Act except on complaint by, or which previous sanction in writing of, an Inspector.

(2) No court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

Section 106. Limitation of prosecution.-

No court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which he alleged commission of the offence, came to the knowledge of an Inspector.

Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

Explanation. - For the purposes of this section,-

• (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
• (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory the period of limitation shall be computed from the date on which the time so granted or extended expired.

Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.-

For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate, shall be deemed to be the place where such offence has been committed.

CHAPTER IX.- Special Provisions

Section 85. Power to apply the Act to certain premises. -

(1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that -

• (i) the number of persons employed therein is less than ten, if working with the aid of power, and less than twenty if working without the aid of power, or
• (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:

Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.

(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, to be a worker.

Explanation. - For the purpose of this section "owner" shall include a lessee or mortgagee with possession of the premises.

Section 86. Power to exempt public institution.-

The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education training, research or information, from all or any of the provisions of this Act:

Provided that no exemption shall be granted from the provisions relating to hours of work and holidays unless the persons having the control of the institution submit, for the approval of the State Government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates for the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of the Act.

Section 87. Dangerous operations.-

Where the State Government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may order or make rules applicable to any factory or class or description of factories in which manufacturing process or operation is carried on -

• (a) specifying the manufacturing process or operation and declaring it to be dangerous;
• (b) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation;
• (c) providing for the periodical medical examination for persons employed or seeking to be employed, in the manufacturing process or operation, and prohibiting the employment of persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination;
• (d) providing for the protection of all persons employed in the manufacturing process or operation or in the vicinity of the places where it is carried on;
• (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the manufacturing process or operation:
• (f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation;

Section 87A. Power to prohibit employment on account of serious hazard.-

(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.

(2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order.

(3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court.

(4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed.

(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947)1.

Section 88. Notice of certain accident.-

(1) Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, in such form and within such time, as may be prescribed.

(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or if there is no such authority, the Chief Inspector cause the Inspector to make an inquiry within the said period.

(3) The State Government may make rules for regulating the procedure inquires under this section.

Section 88A. Notice of certain dangerous occurrences.-

Where in a factory any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or disability, or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

Section 89. Notice of certain diseases. -

(1) Where any worker in a factory contacts any disease specified in the Third Schedule the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

(2) If any medical practitioner attends on a person, who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be suffering from any disease specified in the Third Schedule the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating -

• (a) the name and full postal address of the patient,
• (b) the disease from which he believes the patient to be suffering, and
• (c) the name and address of the factory in which the patient is, or was last employed.

(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of the certifying surgeon or otherwise, that the person is suffering from a disease specified in the Third Schedule, he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the occupier of the factory in which the person contacted the disease.

(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupees.

(5) The Central Government may, by notification in the Official Gazette, and to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.

Section 90. Power to direct inquiry into cases of accident or disease.-

(1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in the Third Schedule has been, or is suspected to have been, contacted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.

(2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information, shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (XLV of 1960).

(3) The person holding an inquiry under this section shall make a report to the State Government stating the cause of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom.

(5) The State Government may make rules for regulating the procedure of inquires under this section.

Section 91. Power to take samples.-

(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in-charge of the factory, take, in the manner hereinafter provided, a sufficient sample of any substance used or intended to be used in the factory, such use being -

• (a) in the belief of the Inspector, in contravention of any of the provisions of this Act or the rules made thereunder, or
• (b) in the opinion of the Inspector, likely to cause bodily injury to, or injury to the health of, workers in the factory.

(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed, under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively, seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section.

(4) The Inspector shall-

• (a) forthwith give one portion of the sample to the person informed under sub-section (1);
• (b) forthwith send the second portion to a Government analyst for analysis and report thereon;
• (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Government analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance.

Section 9lA. Safety and occupational health surveys.-

(1) The Chief Inspector, or the Director-General of Factory Advice Service and Labour Institutes, or the Director-General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director-General of Factory Advice Service and Labour Institutes or the Director-General of Health Services, may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in-charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examinations as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.

Explanation. - For the purposes of this section, the report, if any; submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.