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Sec 41H, Factories Act 1948: Right of Workers to Warn About Imminent Danger

Section 41H (Right of workers to warn about imminent danger) under Chapter IVA (Provisions Relating to Hazardous Processes) of the Factories Act 1948

❝(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector.

(2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.

(3) If the occupier, agent, manager or the person in charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final.❞




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Notes:

The Factories Act 1948 was amended by the:
- Repealing and Amending Act, 1949 (No. 40 of 1949);
- Repealing and Amending Act, 1950 (No. 35 of 1950);
- Adaptation of Laws Order, 1950 (A.O. 1950);
- Factories (Amendment) Act, 1954 (No. 25 of 1954);
- Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970);
- Factories (Amendment) Act, 1976 (No. 94 of 1976);
- Factories (Amendment) Act, 1987 (No. 20 of 1987).

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