The factories (Amendment) Act, 1987 has inserted a new Section 7B providing duties of manufacturers etc. Regarding articles (it shall include plant and machinery) and substance for use in the factories. It provides that every person who designs, manufactures, imports or supplies any article (including plant & machinery) for use in any factory, shall observe the following:
a. Ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;
b. Carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);c. Take such steps as may be necessary to ensure that adequate information will be available
i.In connection with the use of the article in any factory;
ii. About the use for which it is designed and tested; and
iii. About any condition necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers.
The section further provides that where on the article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see:
a. That the article (including plant and machinery) conforms to the same standards if such article is manufactured in India,or
b. If the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.
For the above purposes, the concerned person may carry out or arrange for the carrying out of necessary research with a view to the discovery and so far as is reasonably practicable, the elimination or minimisation of any risk to the health or safety of workers to which design or article (including plant and machinery) may give rise. The section further provides that if research, testing, etc. has already been exercised or carried out, then no such research is required again.
The above duties relate only to things done in the course of the business carried out by him, and to matters within his control. However I the person may get relief from the exercise of above duties If he gets an undertaking In writing by the user of such article to take necessary steps that the article will be safe and without risk to the health of the workers.