Section 37 of Factories Act 1948 - Explosive or Inflammable Dust, Gas, Fume and Vapour
Section 37 prescribed precautions against explosions caused by combustible or inflammable dust, gas, fumes or vapours in factories. It addressed enclosure, accumulation control, ignition sources, explosion-pressure relief, safe opening of pressurised plant and hot work on tanks or vessels.
Meaning and purpose of Section 37
The provision dealt with manufacturing processes capable of producing an explosive atmosphere. In practical terms, it required preventive measures where dust, gas, fume or vapour could ignite and explode. The statutory approach was to control the hazard at source: enclose dangerous plant, prevent hazardous accumulation and keep ignition sources away or effectively enclosed.
The section also addressed consequences where equipment could not withstand probable explosion pressure, procedures before opening equipment containing inflammable gas or vapour above atmospheric pressure, and precautions before welding, brazing, soldering or cutting a plant, tank or vessel that contains or previously contained an explosive or inflammable substance.
Section 37 - Explosive or inflammable dust, gas, etc.
- Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by:
- effective enclosure of the plant or machinery used in the process;
- removal or prevention of the accumulation of such dust, gas, fume or vapour; and
- exclusion or effective enclosure of all possible sources of ignition.
- Where the plant or machinery used in such a process is not constructed to withstand the probable pressure of an explosion, all practicable measures shall be taken to restrict the spread and effects of the explosion by providing chokes, baffles, vents or other effective appliances.
- Where any part of plant or machinery contains explosive or inflammable gas or vapour at a pressure greater than atmospheric pressure, it shall not be opened unless:
- before loosening a fastening, the flow of gas or vapour into the relevant part or pipe is effectively stopped by a stop-valve or other means;
- before removing the fastening, all practicable measures are taken to reduce the pressure in the part or pipe to atmospheric pressure; and
- after a fastening is loosened or removed, effective measures prevent explosive or inflammable gas or vapour from entering the part or pipe until the fastening is secured or securely replaced.
The statutory proviso excluded plant or machinery installed in the open air from this sub-section.
- No plant, tank or vessel containing, or having contained, an explosive or inflammable substance shall undergo welding, brazing, soldering or cutting involving heat unless adequate measures are first taken to remove the substance and fumes, or render them non-explosive or non-inflammable. Such substance must not be allowed to re-enter until the metal has cooled sufficiently to prevent ignition risk.
- The State Government could, by rules and subject to prescribed conditions, exempt a factory or class or description of factories from all or any requirements of this section.
Practical summary of the safety requirements
| Hazard | Section 37 approach |
|---|---|
| Explosive dust, gas, fume or vapour | Enclose the process, prevent dangerous accumulation and exclude or enclose ignition sources. |
| Probable explosion pressure | Where equipment cannot withstand the pressure, use effective devices such as chokes, baffles or vents to restrict spread and effects. |
| Pressurised inflammable gas or vapour | Isolate inflow, reduce pressure to atmospheric pressure and prevent re-entry while equipment is open. |
| Hot work on tanks or vessels | Remove or neutralise explosive or inflammable substances and fumes before welding, brazing, soldering or cutting, and prevent re-entry until sufficiently cooled. |
Current law: Occupational Safety, Health and Working Conditions Code, 2020
The OSHWC Code, 2020 is now the principal Central legislation consolidating occupational safety and working-condition laws formerly spread across several enactments, including the Factories Act, 1948. The Code's Second Schedule expressly identifies safety matters including precautions against dangerous fumes and gases, portable electric light, and explosive or inflammable dust, gas and similar hazards.
For present compliance, the Code should be read together with the rules, standards, notifications and directions applicable to the establishment and issued by the appropriate Central or State Government. Requirements may therefore depend on the location, nature of the establishment and the particular hazardous process involved.
Legal note: This page is an informational statutory reference. For current compliance or proceedings, verify the applicable Central or State rules and the latest official notifications.