Section 8: Duties of designers, manufacturers, importers or suppliers

Finin2min analysis — what the section actually does

Full statutory text — Section 8

8. Duties of designers, manufacturers, importers or suppliers.—(1) Every person who designs,
manufactures, imports or supplies any article for use in any establishment shall—
         (a) ensure so far as is reasonably practicable, that the article is so designed and constructed in
      the establishment as to be safe and without risk to the health of the workers when properly used;
         (b) carry out or arrange for the carrying out of such tests and examination in the establishment
      as may be considered necessary for the effective implementation of the provisions of clause (a);
         (c) take steps as may be necessary to ensure that adequate information will be available—
            (i) in connection with the use of the article in any establishment;
            (ii) about the use for which such article is designed and tested; and
            (iii) about any conditions necessary to ensure that the article, when put to such use, shall be
         safe, and without risk to the health of the workers:

         Provided that where an article is designed or manufactured outside India, then it shall be
      obligatory on the part of the importer to see—
               (A) that the article conforms to the same standards of such article manufactured in India;
          or
              (B) if the standards adopted in the country outside India for the manufacture of such
          article is above the standards adopted in India, that the article conforms to such standards in
          such country;
             (C) if there is no standard of such article in India, then, the article conforms to the
          standard adopted in the country from where it is imported at its national level.
  (2) The designer, manufacturer, importer or supplier shall also comply with such duties as the
Central Government may, in consultation with the National Occupational Safety and Health Advisory
Board referred to in sub-section (1) of section 16, by regulations specify.
    (3) Every person, who undertakes to design or manufacture any article and substance for use in any
factory, 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 risks to the
health or safety of the workers to which the design or manufacture of article and substance may give
rise to such risk.
    (4) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the
testing, examination or research which has been carried out otherwise than by him or at his instance in
so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.
   (5) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in
the course of business carried on by him and to matters within his control.
   (6) Every person,—
      (a) who erects or installs any article for use in a factory, shall ensure, so far as practicable, that
   such article so erected or installed does not make it unsafe or a risk to health when that article is
   used by the persons in such factory;
      (b) who manufactures, imports or supplies any substance for use in any factory shall—
          (i) ensure, so far as practicable, that such substance when used in the factory does not make
      it unsafe or a risk to health of persons working in such factory;
         (ii) carry out or arrange for carrying out of such tests and examination in relation to such
      substance as may be necessary;
         (iii) take such steps as are necessary to secure that the information about the results of tests
      carried out in connection with the use of the substance as referred to in sub-clause (ii) is
      available in a factory along with conditions necessary to ensure its safe use and no risks to
      health;
      (c) who undertakes the manufacture of any substance for use in any factory shall carry out or
   arrange for carrying out of any necessary research with a view to discover and, so far as
   practicable, to ensure the elimination or minimisation of any risks to health or safety to which the
   substance may give rise out of such manufacture or research;
    (7) For the purposes of this section, an article and substance is not to be regarded as properly used,
if they are used without regard to any information or advice relating to their use which has been made
available by the person who has designed, manufactured, imported or supplied the article and
substance.
   Explanation.—For the purpose of this section—
          (a) “article” shall include plant and machinery;
          (b) “substance” means any natural or artificial substance whether in a solid or liquid form or
      in the form of a gas or vapour; and

             (c) “substance for use in any factory” means such substance, whether or not intended for use
          by persons working in a factory.

How to apply this provision

1. Primary statutory test — (b) carry out or arrange for the carrying out of such tests and examination in the establishment as may be considered necessary for the effective implementation of the provisions of clause (a);
2. Additional operative limb — (c) take steps as may be necessary to ensure that adequate information will be available— (i) in connection with the use of the article in any establishment;
3. Qualification / exception to test — Provided that where an article is designed or manufactured outside India, then it shall be obligatory on the part of the importer to see— (A) that the article conforms to the same standards of such article manufactured in India; or (B) if the standards adopted in the country outside India for the manufacture of such article is above the standards adopted…
4. Evidence file — retain facts and records proving the role/status of: Worker, Central Government.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 8

Source & verification trail