HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS

AUTHOR – DHANALAKSHMI I, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DHANALAKSHMI I, HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 368-375, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The industrial landscape of India has evolved rapidly since independence, contributing significantly to economic development. However, this growth has been paralleled by an increase in occupational hazards, particularly in sectors involving hazardous processes. Recognizing the critical need to protect workers from such risks, the Factories Act, 1948, was amended in 1987 to incorporate comprehensive provisions addressing hazardous processes. This research paper undertakes a detailed legal and comparative analysis of these provisions, primarily focusing on Sections 41A to 41H, which lay down statutory safeguards for workers engaged in hazardous operations. Through a comparative analysis with international frameworks, including those of the United Kingdom, United States, Japan, Australia, and the European Union, the paper identifies best practices in managing hazardous industrial processes, such as risk assessments, public transparency, emergency planning, and proactive worker protection measures. Additionally, the study includes case law analysis, exploring key judicial interpretations of hazardous processes and their influence on the development of regulatory practices. The research also highlights the duties of the occupiers.

Keywords: Hazardous processes, Comparative analysis, legal analysis, occupier.