8. (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 out 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
Duties and
responsibilities
of owner,
agent and
manager in
relation to
mine.
Duties of
manufacturers,
designer,
importers or
suppliers.
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(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) that, if the standards adopted in the country outside India
for the manufacture of such article is above the standards adopted in
India, then the article conforms to such standards in such country; or
(C) that, 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, 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 instal 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 is safe and has
no risks involved 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) undertake the manufacture of any substance for use in any factory to
carry out or arrange for the 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;
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(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 any substance whether or not
intended for use by persons working in a factory.