Safety

What is a hazardous process?

A process in one of 35 industries the OSH Code lists, where the materials could seriously harm health. Foundries, plastics and plating are all on it.

Rows of blue steel industrial drums stacked on their sides, seen end-on so their round lids and bungs form a repeating pattern.

A hazardous process, under section 2(1)(za) of the OSH Code 2020, is a process in one of the 35 industries listed in the Code's First Schedule where, unless special care is taken, the materials, products or wastes would materially impair the health of the people working with them or pollute the environment. Foundries, electroplating, plastics, glass, pharmaceuticals and textile dyeing are all on the list. The label brings a set of extra duties with it.

The two-part test

The industry must be on the list, and the process must carry the risk. Section 2(1)(za) defines a hazardous process as "any process or activity in relation to an industry or plantation specified in the First Schedule" where, "unless special care is taken", the raw materials, intermediate or finished products, by-products, hazardous substances, wastes or effluents, or chemicals used, would cause "material impairment to the health of the persons engaged in or connected therewith" or pollute the general environment.

The First Schedule runs to 35 entries. Several cover common Tamil Nadu manufacturing:

First Schedule entryIndustry
3Foundries, ferrous and non-ferrous, including castings, forgings and sand or shot blasting
5Power generating industries
11Drugs and pharmaceuticals
14Paints and pigments
15Leather tanning
16Electro-plating
17Chemical industries, including industrial gases, acids and alkalies, and explosives
19Synthetic resin and plastics
22Glass and ceramics
23Grinding or glazing of metals
29Highly flammable liquids and gases
30Printing and dyeing on fabrics in textiles, and plywood and laminate manufacturing

Hazardous process or dangerous operation?

They are two different lists, and a plant can be on either, both or neither. Section 82 lets the appropriate Government declare particular operations "dangerous" where they expose workers to a serious risk of bodily injury, poisoning or disease, and make rules for them: restrictions on employing pregnant women, periodic medical examinations at the occupier's cost, and protective equipment. Tamil Nadu's draft OSH rules of 11 April 2022 declare more than thirty operations dangerous in rule 81 [VERIFY: whether Tamil Nadu has since notified final rules].

Some names appear on both lists, such as electroplating, glass and grinding of metals. Others are on Tamil Nadu's list only: painting and powder coating; welding, soldering and brazing; the processing of textiles; and work with high noise and vibration are all declared dangerous operations. Each has its own schedule of precautions.

What the label triggers

A hazardous process brings duties at registration, on the floor and in the health centre:

DutyWhere it comes from
Inform the Chief Inspector-cum-Facilitator at least thirty days before starting a hazardous processOSH Code s.84(5)
Site appraisal for a new hazardous-process factory or its expansions.83
A written health and safety policy at registration, whatever the factory's sizes.84(2); TN draft r.87(2)
Disclose the dangers to workers, the inspector, the local authority and the public nearby, with a cautionary notice at the gates.84(1); TN draft r.83, r.86, r.89
An approved on-site emergency plan and disaster control measuress.84(4)
Health records workers can see; competent supervisors for hazardous substances; medical examinationss.85; TN draft r.90, r.91
A factory medical practitioner, an occupational health centre from 101 workers, and an ambulanceTN draft r.92, r.93
Safety officers from 250 workers, instead of 500s.22(2)(b)
A safety committee from 50 workers, instead of 250TN draft r.18(1)(ii)

Where the contract crew fits

Inside it, because the duties attach to the process and the people working in it. Tamil Nadu's draft rule 83 requires the hazard information to go to "all workers", and rule 91(2) bars employing "any person" in the process for the first time without a certificate of fitness from the factory medical practitioner. Work that sits outside the main process, such as cleaning, maintenance and material handling, can still bring a contract crew into contact with the substances the schedule is concerned with.

The headcount thresholds raise the same question as elsewhere in the Code: whether contract workers count toward the 50 for the committee and the 250 for a safety officer. The Code does not settle it in so many words, and a site near either number should know both its direct and contract headcount.

What a site should check

  1. Read the First Schedule against what the plant does, process by process, and record the answer, with the Chief Inspector-cum-Facilitator's view where there is doubt.
  2. Read Tamil Nadu's dangerous-operations list too, since painting, welding, plastics and textile processing can bring their own schedules even where the First Schedule does not apply.
  3. Tell every contractor which areas are hazardous before its crew is deployed there, so fitness certificates and protective equipment are in place on the first day.
  4. Give the hazard information to contract workers in their own language, with the evacuation role that goes with it.
  5. Recheck when the process changes. A new line, a new chemical or a new product can bring a factory into the definition, and the thirty-day notice runs from before the process starts.

How Velura Services helps

Before we deploy to a site, we ask which areas our crew will work in or near carry a hazardous process or a declared dangerous operation, and plan the fitness certificates, training and protective equipment that follow. Our supervisors make sure each worker has the site's hazard information, and their evacuation role, in their own language before the first shift.

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Sources

Frequently asked questions

What is a hazardous process under the OSH Code 2020?

Section 2(1)(za) defines it as any process or activity in an industry listed in the Code's First Schedule where, unless special care is taken, the materials, products, wastes or chemicals involved would cause material impairment to the health of the people working with them or pollute the general environment. The First Schedule lists 35 industries, from foundries and electroplating to plastics and pharmaceuticals.

Is a plastics or foundry unit a hazardous process?

Both industries are on the First Schedule to the OSH Code: synthetic resin and plastics at entry 19, and ferrous and non-ferrous foundries at entry 3. Whether a particular process in the unit meets the rest of the definition, a risk to health or the environment without special care, is a question of fact; where it is unclear, the unit should take it to the Chief Inspector-cum-Facilitator and its own counsel.

What is the difference between a hazardous process and a dangerous operation?

A hazardous process is defined by the OSH Code itself, through the industries in its First Schedule. A dangerous operation is one the appropriate Government declares under section 82, with its own rules on medical examinations, protective equipment and pregnant women. Tamil Nadu's draft rules declare more than thirty, including painting and powder coating, welding, and the processing of textiles.

What must a factory do before starting a hazardous process?

Under section 84(5) of the OSH Code, inform the Chief Inspector-cum-Facilitator about the nature and details of the process at least thirty days before it starts. A new factory or an expansion involving a hazardous process may also go before a site appraisal committee under section 83, and the occupier lays down a health and safety policy at registration.