Aa act 48

INSIGHT ON INSIGHT ON The FACTORIES ACT, 1948The FACTORIES ACT, 1948

1

Varun Chandok

What the Department of Factories is all about?

One amongst the 50+ Government departments

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LABOUR LEGISLATIONSLABOUR LEGISLATIONS

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LABOUR LEGISLATIONSLABOUR LEGISLATIONS

Labour : Labour : • Earning member of either sex

• 3/4th of the population

Various fields :Various fields :

• Factories

• Shops

• Establishments

• Plantation

• Mines, etc.

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LABOUR LEGISLATIONSLABOUR LEGISLATIONS

Unfold the historyUnfold the history

• Labourers have been exploited

• They have been made to face lot of problems at their work place.

This has paved way for designingThis has paved way for designing

Legislation :Legislation :

Labour legislations are the laws or legislations designed to protect the interest and various aspects relating to the persons employed / working in various fields.

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More Than 60 LABOUR More Than 60 LABOUR LEGISLATIONSLEGISLATIONS

OBJECTIVE - ENSURE PROTECTION TO LABOURERS OBJECTIVE - ENSURE PROTECTION TO LABOURERS

Safety Health

Working conditions

Environment Wages

Social security

Industrial relations

PROTECTIONPROTECTION

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CATEGORIES OF LABOUR LEGISLATIONSCATEGORIES OF LABOUR LEGISLATIONS

Legislations on Safety, environment, and working conditions :Legislations on Safety, environment, and working conditions :

• The Factories Act, 1948

• The Indian Boilers Act, 1923

• The Fatal Accident Act, 1855

• The Indian Dock Labourers Act, 1934

• Dock Workers (Regulation and Employment) Act, 1948

• The Mines Act, 1952, etc.

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CATEGORIES OF LABOUR LEGISLATIONSCATEGORIES OF LABOUR LEGISLATIONS

Legislation on Industrial RelationsLegislation on Industrial Relations

• The Trade Unions Act, 1926

• The Industrial employment (Standing Orders) act, 1946

• Industrial Disputes Act, 1947Labour legislation on wagesLabour legislation on wages

• The Payment of Wages Act, 1936

• The Minimum Wages Act, 1948

• The Payment of Bonus Act, 1965

• The Equal Remuneration Act, 19768

CATEGORIES OF LABOUR LEGISLATIONSCATEGORIES OF LABOUR LEGISLATIONS

Labour legislations on social securityLabour legislations on social security

• The Workmen Compensation Act, 1923

• The Maternity Benefit Act, 1961

• The Payment of Gratuity Act, 1972

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RATE OF ACHIEVEMENTRATE OF ACHIEVEMENT

• Though many legislation are in force

• Not much is accomplished

REASONSREASONS

• Scanty respect for the Law

• Misconception - Proposition involves in huge expenditure

• Lack of appreciation of the hazards

• Lack of concern

• Misconception - accident is the act of God - Can not be prevented

• Laxity in behavioural change10

IS IT REQUIRED?IS IT REQUIRED?

To thrive, industry is required to produce

• High quality of goods

• Goods with less cost

MarketMarket

Protected

Competitive

• Many parameters influence this;

• Safe and healthy environment is also one amongst the parameters.

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FACTORIES ACT, 1948 A Comprehensive law for the persons working at a

specific domain – factories.

Regarded as one of the Benevolent, NobleNoble and a Comprehensive Comprehensive LabourLabour LegislationLegislation which is in force in our country.

Covers significant issues relating to the persons employed in factoriesfactories.

Secures Secures - Safety

Health

Welfare

RegulatesRegulates - Working Hours

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EnsuresEnsures - Annual leaves with wages

ProvidesProvides - Additional protection from hazardous

processes

Additional protection to women workmen

Prohibition of employment of

children

FACTORIES ACT, 1948

Series of amendments have been made time and again to increase the scope of the Act.

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Road map to the legislation.

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HISTORY OF THE LEGISLATION HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)(THE FACTORIES ACT, 1948)

> 100 Years Old Legislation : > 100 Years Old Legislation :

Last two decades of the 18Last two decades of the 18thth century, i.e., 1880, 1890, 1900 century, i.e., 1880, 1890, 1900

Conditions :Conditions :

• No control over the conditions of the employment of workmen employed in industries

• Employers used to bargain with the employees

• Child employment was predominant in factories

• Introduction of machines and new processes lead to accidents and deaths

• There was no stipulated timing of work15

HISTORY OF THE LEGISLATION HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)(THE FACTORIES ACT, 1948)

• Exploited labourersExploited labourers

• Need for a law / legislation to protect the workers Need for a law / legislation to protect the workers

• Result is Result is the Indian Factories Act, 1881the Indian Factories Act, 1881 came in to force. came in to force.

• To abolish child employment by fixing the To abolish child employment by fixing the minimum age minimum age to to 7 years7 years

• Applicable for establishment having Applicable for establishment having 100 workers100 workers;;

• No inspecting staffNo inspecting staff;;

• Initially, this Initially, this didn’t serve the purpose didn’t serve the purpose

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HISTORY OF THE LEGISLATION HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)(THE FACTORIES ACT, 1948)

• Amended from time to time i.e.,1891, 1911, 1923, 1926, 1931, Amended from time to time i.e.,1891, 1911, 1923, 1926, 1931, 19341934

• After the independence, highest concern to design a legislation After the independence, highest concern to design a legislation protecting the workers employed in the factories. protecting the workers employed in the factories.

• UK Factories Act, 1937 was taken as baseUK Factories Act, 1937 was taken as base..

• This was also amended regularly, 1954, 1976, 1986This was also amended regularly, 1954, 1976, 1986

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MAJOR AMENDMENTS WERE CAUSED MAJOR AMENDMENTS WERE CAUSED DURING 1987DURING 1987

Reasons :Reasons :

• Bhopal Gas tragedy occurred in 1984 (Early hours of 3.12.1984)

•Revealed the weakness in the existing law

•Demanded the need to amend the law by incorporating special provisions to deal with chemical industries & accidents.

Act was overhauled – 1987 (1.12.1987)Act was overhauled – 1987 (1.12.1987)

• Many new provisions were introduced;

• Penal provisions were revamped

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MAJOR AMENDMENTS WERE CAUSED MAJOR AMENDMENTS WERE CAUSED DURING 1987DURING 1987

• Hazardous process – defined

Hazardous Process means any process or activity in relation to an industry categorized wherein unless special care is taken, raw materials used therein or the intermediate products, bye-products, wastes or effluents would ;

- Causes of material impairment to the health of the persons engaged in

- Result in general pollution

29 industries were listed as industries involving hazardous processes.

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Brief Road Map to the LegislationBrief Road Map to the Legislation..• The establishment of cotton mills in Bombay in 1851 followed

by the establishment of jute mills in 1855 at Rishra in Bengal

marked the beginning Factory System in India.

• The number of factories grew steadily. During 1872-73, there

were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal.

• Conditions in these factories were very gloomy and awful.

• First Indian Factories Act, came into force during 1881

• Comprehensive Act was enacted immediately after the

independence - under the nomenclature “The Factories Act,

1948”.

• This Act has seen many amendments after the independence.

• Major amendments were caused during 1987 -- Reason is Bhopal

Tragedy – The ghastly chemical accident20

Brief Road map to the legislation..

• 29 industries have been listed as industries involving

hazardous processes.

The industries are listed under - THE FIRST The industries are listed under - THE FIRST

SCHEDULE SCHEDULE (See Section 2 (cb)(See Section 2 (cb)

• Special provisions have been incorporated to govern the Special provisions have been incorporated to govern the

aspect of aspect of SHE in the said hazardous industriesSHE in the said hazardous industries. .

• A new chapter by name “ A new chapter by name “ Chapter IV A was introduced Chapter IV A was introduced

as as Special provisions relating to Hazardous processes”. ”.

• Penal provisionsPenal provisions were revamped. were revamped.

• Amendments are continual Amendments are continual in the wake of in the wake of

industrialization.industrialization. 21

FACTORIES ACT, 1948FACTORIES ACT, 1948

• Central legislation enforced by the state government;

• In force since 1.4.1949

• Social legislation

• 120 provisions spread-over under 11 chapters

• Act empowers state to make rules to enlarge the scope & objectives of the Act.

• Rules are also amended from time to time

• Extends to the whole of India

• Applicable to the premises, which comes under the definition “Factory”

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120 Sections120 Sections 11 Chapters 11 Chapters 03 Schedules 03 Schedules

142 Rules,142 Rules, 10 Chapters10 Chapters 41 Forms/Registers41 Forms/Registers

What the Act is all about?Enactment of Stringent provisions!

IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.

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OBJECTIVESOBJECTIVES• TO SECURE SAFETY OF THE PERSONS;

•TO SECURE HEALTH OF THE PERSONS FROM HAZARDOUS OCCUPATION/PROCESSES;

• TO ENSURE PROTECTION FROM HAZARDOUS EQUIPMENT;

• TO ENSURE SOUND WORKING ENVIRONMENT;

• TO ENSURE WELFARE OF THE PERSONS;

• TO PROTECT THE ENVIORNMENT; 24

FACTORIES ACT, 1948FACTORIES ACT, 1948

• Provisions envisaged are based on :

- ILO convention and recommendations

- Constitutional Provisions

Fundamental Rights

Directive Principles

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Important indicators to be

understood

1. Applicability

2. Beneficiaries

3. Responsible persons

4. Inspecting staff

FACTORIES ACT, 1948

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APPLICABILITYApplies to “Factories”

1. Definite Premises where 10 and more workers;

Manufacturing process, Power – Section 2m(i)

2. Definite Premises where 20 and more workers;

Manufacturing process; No power – Section 2m(ii)3. Act empowers State Government to declare all or any of the

provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. – Section 85(i)

1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical

substances as listed under schedule 1 of MAH (K) Rules, 1994.

contd.,

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Unless otherwise provided, the Act is applicable to

all Factories viz., Private, State, Central,

Government, Local Bodies etc.,

APPLICABILITY

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BENEFICIARIES (Target Group)

• Workers employed in the registered factories

“Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process

Workers under the Act, includes

1. Permanent 2. Temporary 3. Contract 4. Casual , 5.

Clerical staff 6. Managers, 7. Engineers, 8. Supervisors

etc., “Apprentice” under the Apprentice Act, 1961 are not the

workers. However as per Section 14 of the Act – provision of

health, safety & welfare are applicable to the said category. 29

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A person employed in any manufacturing process or cleaning or any work incidental to manufacturing process.

A person employed, directly or by or through any agency with or without knowledge of the principal employer.

Whether for remuneration or not.Relationship of master & servant [section 2(l)].

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Manufacturing process means any process for-• (i) making, altering, repairing, ornamenting, finishing,

packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or

• (ii) pumping oil, water, sewage or any other substance; or

• (iii) generating, transforming or transmitting power; or• (iv) composing types for printing, printing by letter

press, lithography, photogravure or other similar process or book binding

• (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;

• (vi) preserving or storing any article in cold storage. • [section 2(k)].

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• “Adult” means a person who has completed his eighteenth year of age

• “Adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year

• “Child” means a person who has not completed his fifteenth year of age

• “Young person” means a person who is either a child or an adolescent

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• “Day” means a period of twenty-four hours beginning at midnight;

• "week" means a period of seven days beginning at midnight on Saturday night

• “Calendar year” means the period of twelve months beginning with the first day of January in any year

• “Power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

• “Prime mover” means any engine, motor or other appliance which generates or otherwise provides power

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State on its own or on application by occupier Different departments of a factory be treated as separate factories or two or more factories shall be treated as single factory

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The establishment of hotel would not fall for classification as a factory under section 2(m) of the Act; Lal Bovta Hotel Aur Bakery Mazdoor Union v. Ritz Private Ltd., 2007 (113) FLR 568.

In the case of a company, which owns a factory, it is only one of the directors of the company who can be notified as the occupier of the factory for the purposes of the Act and the company cannot nominate any other employee to be the occupier of the factory under section 2(n); Container Corporation of India Ltd. v. Lt. Governor Delhi, 2002 LLR 1068 : 2003 (98) FLR 653.

Commercial establishment receiving the products in bulk and after unpacking such bulk products pack them according to the customers’ requirements and despatch such products to customers. Such an act is manufacturing process within the meaning of section 2(k); Parry & Co. Ltd. v. Presiding Officer, II Additional Labour Court, Madras, (1998) I LLJ 406

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Under section 2(m) "Factory" means any premises including the precincts thereof in which a manufacturing process is being carried on

Explanation II of section 2(m) sets out that the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof would not render a unit into a factory if no manufacturing process is carried on in such premises or part thereof. Seelan Raj v. Presiding officer 1st Additional Labour Court, Chennai, 2001 LLR 418

All the workers employed by the construction company would squarely attract the definition of the term ‘workman’ as found in section 2(l) of the Act as they are working for remuneration in a manufacturing process carried out by the project; Lal Mohammad v. Indian Railway Construction Co. Ltd., AIR 1999 SC 355.

For the purpose of section 2(n) what is to be seen is who has the ‘ultimate’ control over the affairs of the factory. Relevant provisions regarding establishment of the Indian Oil Corporation Ltd., and its working, leave no doubt that the ultimate control over all the affairs of the Corporation, including opening and running of factories, is with the Central Government. Acting through the corporation is only a method employed by the Central Government for running its petroleum industry. In the context of section 2(n) it will have to be held that all the activities of the Corporation are really carried on by the Central Government with a corporate mask; Indian Oil Corporation v. Labour Commissioner, AIR 1998 SC 2456.

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RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for

implementation of the provisions envisaged in the

Act.

• OCCUPIER means the person who has got the ultimate control

over the affairs of the factory.

• Proprietorship - Proprietor

• Partnership - One of the partner

• Company - One of the director

• State or Central - Persons so nominated by the

Government owned respective governments.

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RESPONSIBLE PERSONSRESPONSIBLE PERSONS

•

•MANAGER means a person responsible to the occupier for the working of the factory. He has to be nominated by the occupier. 1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981 JK Industries LTD., and others V/S CIFB and others etc.,

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OCCUPIERS RESPONSIBILITY (GENERAL)• PREVIOUS PERMISSION TO LOCATE THE FACTORY,

• SHOULD OBTAIN LICENCE TO THE PREMISES,

• LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY,

• OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF

THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER,

• MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE

MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE,

• SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE

HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY

ARE AT WORK.40

RESPONSIBLE PERSON[S]MANAGER?“ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF

THE FACTORY & FOR THE PURPOSES OF THE ACT”

• RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY?

• Maintenance of registers, furnishing OT slips, leave cards

• Furnishing of returns

• Submission of notice to work on Sunday

• Intimation about the reportable accidents, dangerous occurrences.

Change in Manager?

With in a week’s – Form no. 3A

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The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A].

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The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory, send a notice to the Chief Inspector containing-

• (a) The name and situation of the factory;• (b) The name and address of the occupier;• (c) The name and address of the owner of the premises • (d) The address to which communications relating to

the factory may be sent;• (e) The nature of the manufacturing process;• (f) The total rated horse power installed or to be

installed in the factory;• (g) The name of the manager of the factory for the

purposes of this Act;• (h) The number of workers likely to be employed in the

factory;• (i) Such other particulars as may be prescribed

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OCCUPIERS RESPONSIBILITYOCCUPIERS RESPONSIBILITY

• Approval of building plan and the machinery layout

• Application of registration and grant of license

• Renewal of factory license

• At a time renewal for 3 years

• Obliged to comply with the applicable provisions of the Act

• Most importantly he is required to ensure SHE management at the site without any compromise.

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SPECIFIC RESPONSIBILITIES OF SPECIFIC RESPONSIBILITIES OF THE OCCUPIERTHE OCCUPIER

•Occupational health centre shall be equipped with all requirements as envisaged under the rules and shall be kept

in charge of qualified doctor with assistants such as nurse,compounder and sweeper.

• Ambulance van for transportation of serious cases of accidents or sickness.

• Decontamination facilities for emergency. The facilities includes drenching showers, eye wash bottles filled with

distilled water to remove contamination with hazardous and corrosive substances.

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SPECIFIC RESPONSIBILITIES OF SPECIFIC RESPONSIBILITIES OF THE OCCUPIERTHE OCCUPIER

• Maintain accurate and upto date health records who are exposed to hazardous process & hazardous chemicals

• Appointment of personnel who possess qualifications and competency in supervising the works of handling,

storing, of chemicals etc., at the work place.

• Integrating pre-employment and periodical medical examinations upon the workers who exposed to

hazardous jobs and who are required to handle hazardous chemicals.

• Occupational health centres shall be provided and maintained to cater to the compliance of periodical and

pre- employment medical examinations.

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RESPONSIBILITIES OF THE MANAGERRESPONSIBILITIES OF THE MANAGER

Manager is a person appointed by the occupier for the purpose of the Act.

He is a person responsible to the occupier for working of the factory for the purpose of the Act.

Specific duties :

• Responsible to maintain all the statute registers

• Responsible for submission of returns, accident reports, returns, etc.

• Responsible to submit notice regarding working on Sunday, over time works, etc.

• He is jointly responsible with the occupier in implementing the applicable provisions of the Act.

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COMPULSORY DISCLOSURE OF COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER S 41 BINFORMATION BY THE OCCUPIER S 41 B• Occupier should disclose Information of chemical

substances, quantity Information regarding dangers

• Information regarding health hazards

• Measures to over come dangers and health hazard

to the workers, to the CIF&B and the local Inspector.

HOW TO ACCOMPLISH

• By obtaining or developing MSDS(Material saftey Data sheet) which contains identity of the materials, physical and chemical properties, fire and explosion data, reactive

hazards, health hazard data, hazard identification, safe usage data, emergency response data,

• By training, information educating and by strict supervision

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• Act also provides certain rights and highlights the obligations of the workers in ensuring safety at the work place.

• The occupier and manager carry vicarious responsibilities.

• Two types of responsibilities

• Vicarious (though he is not directly connected, ultimately they will be held)

• Absolute

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RIGHT OF THE WORKERS TO WARN ABOUT RIGHT OF THE WORKERS TO WARN ABOUT IMMINENT DANGERS S 41 HIMMINENT DANGERS S 41 H

•workers have reasonable apprehension of imminent danger to their lives or health due to any accident, bring to the knowledge of the occupier and manager directly or through

their representative of the safety committee.

• It is the duty of occupier and manager to initiate immediate necessary action.

• If it is disputed, the matter is required to be referred to the Inspector, whose decision is final in this matter.

Punishment for Non Compliance

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INSPECTING STAFF - INSPECTORS

• Act empowers State Government to appoint persons as Inspectors

• Qualification is defined

• Scope and limits are defined through Notifications.

• Act has prescribed the duties and powers of the Inspectors

• Deputy commissioner of the District – is also an Inspector

• Government can notify persons as Inspectors - Notification

THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.

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Enter factory premises for investigation Examine the premises to secure SHE Inquire into any accident or dangerous occurrence Require the production of any prescribed register

or document Seize, or take copies of, any register, record or

other document Take measurements and photographs and make

such recordings Exercise such other powers as may be prescribed No person shall be compelled under this section to

answer any question or give any evidence tending to incriminate himself .

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DUTIES OF THE INSPECTORDUTIES OF THE INSPECTOR

• He is required to visit the factories which is under the ambit of the law to check that the applicable provisions are

implemented.

• He is required send a status report in respect of major accident hazard units

• He is required to investigate the accidents

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State Government may appoint qualified medical practitioners to be certifying surgeons

Duties of surgeons (a) the examination and certification of young

persons under this Act; (b) the examination of persons engaged in factories

in such dangerous occupations or processes (c) supervising the factories where (i) cases of illness have occurred which are due to

the nature of the manufacturing process or (ii) due to manufacturing process there is a

likelihood of injury to the health of workers or (iii) young persons are employed in any work which

is likely to cause injury to their health.

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GENERAL DOMAIN

OF THE LAW

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GENERAL DOMAIN OF LAW • APPROVAL AND LICENCING TO THE PREMISES

• HEALTH INITIATIVES

• WELFARE SCHEMES

• SAFETY MANAGEMENT

• STATUTORY DISPLAYS

• STATUTORY COMMITTEES

• STATUTORY REGISTERS

• STATUTORY RETURNS

• REGULATION OF WORKING HOURS OF ADULTS

• ANNUAL LEAVE WITH WAGES

contd.,

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FOCUSSED AREAS

• REPORTING OF ACCIDENTS

• REPORTING OF DANGEROUS OCCURRENCE

• REPORTING OF NOTIFIABLE DISEASES

• PROVISIONS RELATING TO WOMEN WORKERS

• PROVISION RELATING TO CHILD

• PROVISIONS RELATING TO NO. OF EMPLOYEES

• TRAINING & EDUCATION PROGRAMMES

• OBTAINING OF EXEMPTION SCHEMES

• PENALTY AND PROCEDURES

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APPROVAL/LICENCING

• APPROVAL OF PLANS

• REGISTRATION AND RENEWAL OF FACTORY LICENCE

• AMENDMENT & TRANSFER IN THE LICENCE

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APPROVAL/LICENCING S.6 APPROVAL IS REQUIRED IN RESPECT OF THE

FOLLOWING:

• PROPOSED CONSTRUCTION

• EXTENTION TO EXISTING FACTORY BUILDING

• FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES

• RESITING OF MACHINES

• APPLICATION TO GOVT.OR CI BEFORE MAKING ANY CHANGES ALONG WITH REQUISITE DOCUMENTS

• NO COMMUNICATION RECEIVED WITHIN 3 MONTHS FROM

DATE OF SUBMISSION, PERMISSION DEEMED GRANTED.

• APPEAL WITHIN 30 DAYS OF REJECTION

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LICENCING REGISTRATION AND GRANT OF FACTORY LICENCE

• BEFORE STARTING THE FACTORY, THE APPLICATION TO

THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE

15 DAYS.

• LICENCE WILL BE GRANTED IN FORM 3.

• NO COMMUNICATION IS RECEIVED WITHIN 3 MONTHS

FROM THE DATE OF SUBMISSION, REGISTRATION DEEMED

TO BE GRANTED.

• LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR.

• OPTION HAS BEEN GIVEN TO RENEW THE LICENCE FOR

PERIOD NOT EXCEEDING THREE YEARS.61

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LICENCING WHAT IS AMENDMENT/TRANSFER.

• APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS.

• DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF

• IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.

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LICENCE CAN BE SURRENDERED FOR A TEMPORARY

PERIOD• TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE

AN APPLICATION SHALL BE MADE TWO MONTHS

BEFORE THE EXPIRY OF LICENCE.• FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO

THE INSPECTOR BEFORE THE FACTORY OR THE

SECTION OR DEAPRTMENT THEREOF AS THE CASE MAY

BE , STARTS WORKING AGAIN.

DURING INTENDED CLOSURE

• IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY

SECTION OR DEPARTMENT THEREOF IMMEDIATELY IT

IS DECIDED TO DO, THE OCCUPIER OR MANAGER

SHALL REPORT TO THE INSPECTOR 64

HEALTH FRONT

• HOUSE KEEPING/CLEANLINESS

• OVERCROWDING

• LIGHTING

• DRINKING WATER

• LATRINE AND URINALS

• SPITTONS

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The working conditions should be clean and safe.

Clean the floor at least once a week by washing, or by some effective method.

Effective means of drainage shall be provided.

White wash every 14 months Paint / varnish every 5 years Daily sweeping Register of coloring must be

maintained (as per factories act

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HEALTH ISSUESHOUSE KEEPING/CLEANLINESS

• THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED • PARTICULARS OF THE ROOM SIZE• OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU

METER OF SPACE• MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM

SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141

Sl.no Type of coatings Periodicity

1 Building is Painted and varnished

Once in five years

2 Inside walls is Painted with washable paint

Once in three years

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Internal walls is Lime washed or colour washedDoors, frames, wooden or frame works

Once in 14 months.

Once in 5 years.

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Clean work environment

68

There should be proper arrangements or disposal of wastes and effluents.

Follow state govt. rules…

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Proper level of ventilation temperature and humidity must be maintained.

Make provisions for reducing excess heat and comfortable working conditions to prevent injury to health

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LIGHTING AND

VENTILATION

• Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross

ventilation• Adequate openings, 15% of floor area shall

be kept open for natural ventilation• Mechanical system of ventilation incase of

shortage of windows• Overcrowding – 14.2 cu.meter of space per

person

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Effective measures should be taken to prevent inhalation or accumulation of dust & fume.

If any exhaust appliance is necessary for, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity.

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• Factories in which the humidity of the air is artificially increased(like in textile units), keep it in limits.

• The water used for artificial humidification to be clean.

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14.2 cubic metres space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into account.

Notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises.

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Sufficient & suitable lighting in every part of factory. There should natural lighting as far as possible.

All glazed windows and skylights used for the lighting of the workroom shall be kept clean.

Formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented.

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There should be drinking water (wholesome water)

Drinking points to be marked as drinking water. They should be at least 6 meters away from wash room/urinal/ latrine/spittoons.

If >250 workers are working, then have cool water facility also.

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There should be separate – for male and female.

Proper cleaning should be there.

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Sufficient toilet and urinal accommodations - One for every twenty five workmen.

• Toilet accommodations shall be maintained in clean

and hygienic conditions.

• Separate facilities for the women workmen.

• Sufficient water facilities shall be available. Pictorial

display shall be made. Proper doors and fastening shall

be ensured.

• Sweepers shall be employed to keep the facility neat

and tidy.

TOILET FACILITIES Sec.19

78

79

There should be sufficient number of spittoons.

No person shall spit within the premises of a factory except in the Spittoons provided for the purpose

Whoever spits in contravention shall be punishable with fine not exceeding five rupees

80

Drinking water

Adequate drinking water in clean and hygienic conditions

shall be provided and maintained.

• Minimum of 5 liters of water per person.

• Drinking water shall be kept at convenient places.

• If the source of supply is not from the public supply,

the water shall be tested for its pot ability from the

District Health Officer.

• If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

81

82

CHAPTER IV DEALS WITH SAFETY OF WORKERS…

83

Every dangerous parts must be securely fenced.

The State Government may by rules prescribe such further precautions.

84

Examination of machinery in motion only by a specially trained adult male worker wearing tight fitting clothing.

No women or child should be allowed to work.

85

No young person should be allowed to work on dangerous machines (unless he has been trained, and is under supervision).

Young person = 14 to 18.

86

There should be suitable striking gears etc. to switch off the power, so that if there is any emergency, problem can be solved.

87

Make sure that no person should walk in a space within 45 cm from any fixed structure which is not a part of machine.

88

All machinery driven by power & installed should be so sunk, encased or otherwise effectively guarded as to prevent danger.

89

No women and children are allowed to work on cotton openers.

90

Every hoist and lift should be in good condition, and properly checked.

The maximum load it can carry – must be clearly mentioned.

The gates should be locked by interlocking / safe method (it should not open in between).

To be properly examined in every 6 months.

91

Cranes & lifting machines, etc. to be of good construction & to be examined once in every 12 month.

Cranes and lifting machines not to be loaded beyond safe working load.

Cranes not to be approach within 6 metres of a place where any person is employed or working.

92

Maximum safe speed must be mentioned for each machine.

Speed indicated in notices should not to be exceeded.

93

There should be safe working pressure on pressure plants.

Effective measures should be taken to ensure that the safe working pressure is not exceeded.

94

All floors, steps, stairs, passages & gangways should be of sound construction & properly mentioned.

95

Pits, sumps etc. should be securely covered or fenced.

96

No person should be employed to hold more weight than the person can hold.

97

Provide goggles if workers have to work on something stretching to the eyes.

98

Prohibited to employ workers in places where dangerous gas / fume is present.

Practicable measures should be taken for removal of gas, fume, etc.

99

It should not be above 24 volts

100

Take all measures for safety and to prevent explosion on ignition of gas, fume etc.

101

There should be separate exit for cases of fire.

There should be facilities for extinguishing fire.

102

Section 39, 40 and 40A talk about various roles that have been assigned to the inspector.

He may call for details regarding building, machines etc.

103

If 1000 or more workers are employed, appoint a separate safety officer.

104

The State Government may make rules requiring the provision in any factory of such further devices & measures for securing the safety of persons employed therein as it may deem necessary.

105

SAFETY SAFETY

• EQUIPMENT SAFETY,

• PERSONAL SAFETY

• MATERIAL SAFETY

• PROCESS SAFETY

• PERSONAL PROTECTIVE EQUIPMENT

• EXCESSIVE WEIGHTS

GENERAL SAFETY MANAGEMENT INCLUDES

106

EQUIPMENT SAFETY

BASICALLY EQUIPMENT SAFETY INCLUDES

• Good construction with all safety features

• Sound material and adequate strength

• Free from defects, properly maintained

• Periodical Inspections to ensure integrity

• Equipment should be safe, periodical inspection

• Information, instruction and training and supervision

107

MATERIAL SAFETY

MATERIAL SAFETY INCLUDES

• Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored.

• MSDS shall be readily available

• Information, instruction, training and supervision

• Periodical medical surveillance

• Inventory and storage

108

PROCESS SAFETY BASICALLY PROCESS SAFETY

INCLUDES

• Type of process, chemistry involved

• Hazards, risk and vulnerability Analysis

• Equipment integrity against the hazards

• Protection against the hazards

• Measures required during the process

109

PERSONAL SAFETYPERSONAL SAFETY

BASICALLY PERSONAL SAFETY INCLUDES

• Issue of personal protective equipment according to the circumstances and conditions.

• Decontamination facilities, washing facilities

• Periodical medical surveillance

• Maintenance of health records.

• First aid, OHC, ambulance room, ambulance van

• Training, Education, Supervision

110

SAFETY MANAGEMENT EXCESSIVE WEIGHTS

No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below

Adult male 50kgs

Adult female 30kgs

Adolescent male 30kgs

Adolescent female 20kgs

Male child 16kgs

Female child 14kgs

111

PERSONAL PROTECTIVE EQUIPMENT

112

PERSONAL PROTECTIVE EQUIPMENT

• shall have certification by ISI or any equivalent

standard approved by the state government.

• Except under Section 46 no fee or charge shall be

realized from any worker in respect of any

arrangements or facilities to be provided or any

equipments on appliances to be supplied by the

occupier – Section 114

113

114

Chapter V There are a number of provisions in

the factories act regarding welfare facilities for the workers.

115

Washing facilities(Sec 42) Facilities for, storing & drying

clothes(Sec43) Facilities for sitting(Sec 44) First aid appliances(Sec 45) Canteen( Sec46) Rest room, shelters, lunch room( Sec

47) Creches (Sec 48) Welfare Officers(Sec 49) Power to make rule(Sec 50)

116

WASHING FACILITIES s.42

• ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND MAINTAINED FOR THE USE OF THE WORKERS.

• IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD BEAR CONSPICUOUS NOTICE “ FOR WOMEN ONLY”

• WATER SUPPLY TO THE WASHING FACILITIES SHOULD

YIELD AT LEAST 27 LITERS OF WATER FOR EACH

PERSON.

• IF ADEQUATE WATER FACILITY IS NOT AVAILABLE,

EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5

LITRES OF WATER PER PERSON EMPLOYED. 117

118

119

There should be facility so that worker can place their cloth not worn during the manufacturing process.

There should be facility so that worker can dry their wet cloth.

120

Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position

If the worker can do the work by sitting, - there should be sitting arrangement for the worker.

121

FIRST AID APPLIANCES s.45

• FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THE EQUIPMENT PRESCRIBED.

• EQUIPPED FIRST AID BOXES SHALL BE KEPT IN CHARGE OF PERSONS TRAINED IN THE FIRST AID TREATMENT.

• FIRST AIDER SHOULD HOLD CERTIFICTAE IN FIRST AID TREATMENT RECOGNISED BY THE STATE GOVERNMENT.

• NO. OF FIRST AID BOXES AND CUP BOARDS SHALL BE ONE FOR EVERY 150 WORKERS.

• A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS. 12

2

123

AMBULANCE ROOM• THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN

500 WORKERS ARE EMPLOYED

• ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH

STANDARDS AND SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL BE SEPARATE FROM THE REST OF THE FACTORY.

• THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY

• DRINKING WATER FACILITY SHALL BE PROVIDED

• THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED

• NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM.

• AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER, NURSING ATTENDANT IN EACH SHIFT.

124

AMBULANCE ROOM

• AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD CONDITIONS.

• EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A DOCTOR IN ALL THE THREE SHIFTS.

• EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS.

125

126

127

128

129

130

CANTEEN s 46• IT IS STATUTORY WELFARE SCHEME

• APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250

• BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS

• SUFFICIENTLY VENTILATED AND LIGHTED

• LIME WASHED ONCE IN A YEAR

• IF IT IS PAINTED, REPAINTED ONCE IN THREE YEARS

• PRECINTS SHALL BE NEAT AND TIDY AT ALL TIMES

• DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING

• .93 SQUARE METER OF AREA SHALL BE THERE PER PERSON

• A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN PROPORTION OF THEIR STRENGTH

• WASHING PLACE SHALL BE PROVIDED.

• SUFFICIENT TABLES, CHAIRS OR BENCHES SHALL BE PROVIDED. 131

CANTEEN• FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO

PROFIT AND NO LOSS BASIS

• SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT SHALL BE PROVIDED BY THE MANAGEMENT.

• PRICED CHARGED SHALL BE APPROVED BY THE CMC

• ITEMS SERVED AND PRICES LEVIED SHALL BE DISPLAYED

• CANTEEN ACCOUNT SHALL BE AUDITED EVERY YEAR FROM CHARTERED ACCOUNTANT AND BALANCE SHEET SHALL BE MADE AVAILABLE TO THE CANTEEN MANAGING COMMITTEE WITH IN 12 MONTHS.

• CANTEEN MANAGING COMMITTEE SHALL BE APPOINTED BY THE MANAGER

• COMPOSITION IS DEFINED. MANAGEMENT PERSONNEL ARE NOMINATED. WORKERS REPRESENTATIES SHALL BE ELECTED.

• THE MEMBERS CONSISTS OF MINIMUM ONE FOR EVERY 100O WORKMEN, BUT IT SHOULD BE IN ANY CASE NOT MORE THAN 5 AND NOT LESS THAN 2

• DISSOLVED ONCE IN 2 YEARS AND NEW CMC SHALL BE CONSTITUED

132

CANTEEN• CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY

CONDITIONS AT ALL TIMES

• THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF 12 MONTHS

• THE EXAMINATIONS INCLUDE

• ROUTINE BLOOD EXAMINATION

• BACTERIOLOGICAL TESTING OF FAECES AND URINE

• ANY OTHER SPECIFIC EXAMINATIONS

TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS DISEASES.

• CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE PERSONS EMPLOYED IN THE FACTORY – SPECIFIC DELIBERATION WITH REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS.

• HISTORICAL CITATONS “ GOVERNMENT OF ANDHRA PRADESH V/S BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1 LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP

133

134

SHELTER, REST & LUNCH ROOM s.47• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE

THAN 150

• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS

• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.12 SQUARE METER PER PERSON

• ADEQUAE LIGHTING AND VENTILATION

• CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE PROVIDED

• KEPT NEAT AND TIDY AT ALL TIMES

• WASHING FACILITIES AND DRINKING WATER FACILITIES SHALL BE PROVIDED.

135

CRECHE S. 48• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN

IS MORE THAN 30

• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS

• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE METER PER CHILD

• ADEQUAE LIGHTING AND VENTILATION

• KEPT NEAT AND TIDY AT ALL TIMES

• EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER CHILDREN.

• CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN

• ADEQUATE TOYS FOR OLDER CHILDREN

• SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN

136

CRECHE• WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND

SANITARY CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE AVAILABLE FOR WASHING AND BATHING.

• CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED

• PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED

• MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD

• CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH WHOLE SOME REFRESHMENT

• IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION

• CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR EVERY 20 CHILDREN

137

CRECHE

• WOMEN IN CHARGE SHOULD POSSESS NURSES

QUALIFICAITON OR 18 MONTHS CERTIFICATE IN CHILD CARE

EITHER FROM HOSPITAL OR MATERNITY HOME

• ONE SWEEPER SHALL BE EMPLOYED.

138

139

140

141

Crèche - > 30 women workers

Restroom / shelters and lunch room - > 150 workmen

Cooled drinking water - > 250 workers

Canteen - > 250 workers

Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers

Welfare officer - > 500 workers

Lady welfare officer - > more nos. of women workers

142

STATUTORY APPOINTMENTS/RECOGNITION

• SAFETY OFFICER

• WELFARE OFFICER

• MEDICAL OFFICER

• COMPETENT & QUALIFIED SUPERVISORS

• COMPETENT PERSON

• ACCREDITION AGENCIES TO CONDUCT SAFETY

AUDITS.

143

SAFETY OFFICER144

SAFETY OFFICER

• IT IS A STATUTORY APPOINTMENT

• WHEREIN 1000 OR MORE WORKERS ARE EMPLOYED

• STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY

QUALIFIED SAFETY OFFICER OWING TO ITS HAZARDOUS

ACTIVITY/POTENTIAL

145

SAFETY OFFICER

NO. OF SAFETY OFFICERS TO BE EMPLOYED?

• MORE THAN 1000 AND LESS THAN 2000 - 1

• MORE THAN 2000 AND LESS THAN 4000 - 2

• MORE THAN 4000 AND LESS THAN 6000 - 3

• ABOVE 6000 AND NOT EXCEEDING 8000 - 4

• ABOVE 8000 AND NOT EXCEEDING 10000 - 5

• FOR EVERY INCREASE OF 3000 OR PART THEREOFF - 1

146

Welfare Officer

• Statutory appointment

• Mandatory incase of workers

strength is more than 500

• Separate rules governing duties,

qualification and conditions of service

is in force.

147

• Number of welfare officers required is one for 500 or more to 2000 workers.

• Additional welfare officer for every additional 2000

• Qualification is prescribed - degree from the university recognized by the Government and obtained a degree or diploma in social science with PM and IR and labour welfare as their papers.

• He should have adequate knowledge of the language spoken by the majority of the workers.

• Duties have been clearly prescribed.

• He is not supposed to deal with disciplinary cases or appear on behalf of occupier against workers.

148

MEDICAL OFFICER

• IT IS A STATUTORY APPOINTMENT

• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED

• QULIFICATION AND CONDITIONS

149

QUALIFIED SUPERVISORS• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING

HAZARDOUS PROCESSES

• QUALIFICATIONS PRESCRIED

150

COMPETENT PERSON• PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE

TO CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER THE ACT. THE VARIOUS AREAS INCLUDES:

• LIFTING MACHINES, HOISTS, LIFTING TACKLES

• EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER PRESSURE.

• CENTRIFUGAL MACHINES

• POWER PRESSES

• RACTION VESSELS,

• GAS HOLDERS

• BLASTING ENCLOSURES

• EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST

• SOLVENT EXTRACTION PLANTS

151

AUDITS AND ACCREDITONS • THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING

HAZARDOUS PROCESSES

• AUDITS SHALL BE INTERNALLY ONCE IN A YEAR & EXTERNALLY

ONCE IN TWO YEARS BY A COMPETENT AGENCY ACCREDITED .

• AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF

INSPECTOR ALONG WITH COMPLIANCE.

• ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY

REPORTS IS REQUIRED TO BE UPDATED.

152

EXEMPTION PROVISIONS TO WORK ON SUNDAY

TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK

TO MAINTAIN CRECHE

TO EMPLOY WOMEN WORKERS UP TO 10PM

TO INCREASE THE SPREADOVER TIME IN A SHIFT

LEAVE RULES

EXEMPTION IN CASE OF OVER CROWDING

EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO INSTITUTION MAINTIANED FOR THE

PURPOSE OF TRAINING, EDUCATION OR REFORMATION

MOTOR VEHICLE SPEED INSIDE THE PREMISES

TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS. 153

WORKING HOURS FOR ADULTS

Act regulates the working hours for adult workers employed in the factories

• Weekly hours / Daily hours;

• Weekly holidays

• Interval for rest

• Extra wages for overtime

• Spread over – 10½ hours – 12 hours

• Restriction of double employment

• Notice of periods of work – contrary is not allowed

• Power to make exempting orders

• Restriction on employment of women154

Sec.51-Weekly hours not more than 48 hours a week

Sec.52-First day of the week i.e. Sunday shall be a weekly holiday

Sec.53-Compensatory holidays Where a weekly holiday is denied he

shall be allowed to avail the compensatory holiday within a month.

155

Sec.54-Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day

Sec.55-Intervals for rest-no worker shall work for more than 5 hours before he has had an interval for rest of at least 1/2 an hour.

Inspector may increase it upto six hours.

156

Inclusive of rest intervals they shall not spread over more than 10-1/2 hours in any day

Inspector may increase the spread over up to 12 hours.

157

If shift extends beyond midnight , a holiday for him will mean a period of 24 hours beginning when his shift ends.

158

Work shall not be carried in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in the work of same kind at the same time.

159

If workers work for more than 9 hours a day or more than 48 hour a week, extra wages should be given.

Wages at twice the ordinary Rate.

160

No worker is allowed to work in any factory on any day on which he has already been working in any other factory

161

Notice to be displayed at some Conspicuous place.

Periods to be fixed beforehand Classification of workers-Groups. Copy of Notice in Duplicate & any

change to be sent to Inspector.

162

The manager should maintain Register of Adult workers showing-

- Name- Nature of work- The Group etc.Of each & every Adult Worker in the

factory. The Register shall be available to the

Inspector at all time during working hours.

163

ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility :

• 240 days in a calendar year – his/her service is from beginning of the calendar year;

• 2/3rd of the calendar year – his/her service begins in the middle of calendar year

• Issue of leave books in Form no. 15

• Leave with wages register in Form no. 14

• Any discharge / dismissal – benefit shall be settled immediately.

164

Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year.

165

A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days.

Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered,

166

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries grouped under

Section 2(cb) – compliance is mandatory.

• Employing up to 50 workers

• Factory Medical officer on retainer ship basis

• He will carry out pre employment and periodical medical examinations.

• Minimum of five persons trained in first aid, one shall always during the working period.

167

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries involving

hazardous process – provision is mandatory.

• Employing up to 51 - 200 workers

• OHC having a room with minimum floor area 15 sq.meter.

• Factory Medical officer on part time basis - visit the factory twice in a week.

• He will carry out preemployment and periodical medical examinations.

• One qualified and trained dresser cum compounder on duty throughout the working period. 16

8

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries – 2(cb) – provision

is mandatory.

• Employing more than 200 workers

• OHC having two rooms with minimum floor area 15 sq.meter.

• One full time Factory Medical officer up to 500 and one more for every additional 1000 workers.

• He will carry out preemployment and periodical medical examinations.

• One nurse, One qualified and trained dresser cum compounder on duty throughout the

working period.169

PROVISIONS IN THE ACT, CORRESPONDING TO

WOMEN WORKERS

170

WOMEN EMPLOYMENT IN FACTORIES171

FACTORIES ACT – WOMEN WORKERS• Prohibits the employment of women from 7 pm to

6 am.

• Prohibits overtime work

• Act permits the Government to notify the factories

to employ women workers up to 10pm with

conditions

•Prohibit work on or near machinery in motion Act

bars employment of women to clean, lubricate any

part of the equipment S.22

•Creches S48

•Working hours not more than 48 hrs /week,9 hrs

/day

172

FACTORIES ACT – WOMEN WORKERS S.66• The conditions under which the exemptions is

granted are

• Written consent from the employee

• Free transport up to their residence

• 9 hours of rest after completion of work to the fresh period of work in the following day

• No overtime work

Act bars employment of women workers from 10 pm to 5 am totally.

• Act bars employment of women workers in dangerous/hazardous processes S 87

•Prohibition on working in night shifts except in fish ins.,with approval of inspector S66

•Prohibit employment near cotton openers S.27173

FACTORIES ACT –Chapter VII CHILD FACTORIES ACT –Chapter VII CHILD LABOURLABOUR

174

No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. :

Provided that where the occupier of the factory makes adequate safeguards in the factory as regards occupational safety and health, equal opportunity for woman workers, adequate protection of their dignity, honour and safety

175

their transportationfrom the factory premises to the nearest point of their residence,

the State Government or any person authorised by it in this behalf may, by notification in the Official Gazette, after consulting the concerned employer or representative organisation of such employer and workers or representative organisations of such workers,

176

allow employment of woman workers between the hours of 7 P.M. and 6 A.M. in such factory or group or class or description of factories subject to such conditions as may be specified therein.

177

• Bars the employment of persons below the age of 14 Article 24

• Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon.

Child – more than 14 and less 15;

Adolescent – more than 15 and less than 18

• Working hour for child is four and half hour per day

• Double employment of child is prohibited

• Working hours for adolescent is as that of adult.• Act bears employment of child and young persons on

dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine

• Act bars employment of child and adolescent on dangerous manufacturing processes

178

179

No child who has not completed his 14th year allowed to work in Factory.

180

A child who has completed his 14th year may be allowed to work in factory if:-

a) a certificate of fitness for such work is in custody of manager of factory.

b) Such child or adolescent carries , a token giving a reference to such Certificate.

181

Is a certificate issued by a certifying surgeon after examining him & ascertaining his fitness for work in factory.

Valid for 12 Months. Revocation of Certificate by surgeon , if

child is no longer fit. Fee payable by Employer:-Fee &

Renewable Fee Effect of Certificate of Fitness:-deemed to

be an adult for the purpose of hours of work. S70

182

Working Hours limited to 4-1/2 Not during Nights. Period of work limited to 2 shifts not more

than 5 hrs Entitled to weekly Holidays. Female to work only between 6am to 7 pm. Prohibition of children working b/w 10 pm

to 6 am Fixation of periods of work beforehand. Prohibition on female child working b/w

8am – 7 pm

183

Must be displayed in a factory

184

The manager should maintain Register of Adult workers showing-

-Name -Nature of work -The Group,relays etc. No. of Certificate of fitness. The Register shall be available to the

Inspector at all time during working hours.

185

Hours of work to correspond with notice u/s 72 and register u/s 73

State govt. Power to make rules u/s 76 Prohibit work on or near machinery in

motion Act bars employment of women to clean, lubricate any part of the equipment S.22

Act bars employment of women workers in dangerous/hazardous processes S23

Prohibit employment near cotton openers S.27

186

Inspector has the power to direct manager to have medical examination of young persons working in case-

Young Persons working without License.

They no longer seem to be Fit. No further work before examination

187

ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility :

• 240 days in a calendar year – his/her service is from beginning of the calendar year;

• 2/3rd of the calendar year – his/her service begins in the middle of calendar year

• Issue of leave books in Form no. 15

• Leave with wages register in Form no. 14

• Any discharge / dismissal – benefit shall be settled immediately.

188

1) Leave Entitlement-One day for every 20/15 days of work

performed in case of adult/Child who has worked for period of 240 days.

2) Computation of Period of 240 days-The days of lay-off, maternity leave not

exceeding 12 weeks,& earned leave in previous year should be included.

3)Discharge, Dismissal , Superannuation ,death , quitting of employment-

He , his heir , nominee as the case may be entitled to wages.

189

4) Treatment of Fraction of Leave:-Half day or more is treated as full while less than

half is omitted.5) Treatment of Un-availed leave:Should be carried – forward to next calendar year

but shall not exceed 30 in case of an adult & 40 in case of child. If leave unavailed due to employer carry forward without limit.

6)Application for leave to be made in writing within 15 days of commencement,30 incase of public utility.

7)Cannot avail more than 3 times a year,Scheme for grant of leave operational for 12

months.8)Display of Scheme for grant of leave.9) No Refusal of leave to be in accordance with

Scheme10)Payment of wages to worker for leave period if

he is discharged before expiry of second working day or if he quits service on or before next pay day.

190

Days of wrongful suspension to be included in 240 days

Payment of Leave in advance S81provided leave not less than 4/5 days incase of adult/child

Recoverable as delayed/unpaid wages section 82(under payment of wages act 1936 )

State govt can exempt factories u/s 84 if prevailing leave rules are more favorable

191

Worker is entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave.

192

OFFENCE PENALTIES

   For contravention of the Provisions of the Act or Rules

   Imprisonment upto 2 years or fine upto Rs.1,00,000 or both

   On Continuation of contravention

   Rs.1000 per day S.92

   On contravention of Chapter IV pertaining to safety or dangerous operations.

   Not less than Rs.25000 in case of death.   Not less than Rs.5000 in case of serious injuries.

   Subsequent contravention of some provisions

   Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. S 94

   Obstructing Inspectors    Imprisonment upto 6 months or fine upto Rs.10, 000 or both. S 95

   Wrongful disclosing result pertaining to results of analysis.

   Imprisonment upto 6 months or fine upto Rs.10, 000 or both.

   For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

   Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day.  Imprisonment of 10 years when contravention continues for one year.

Sec.92 to 106

193

If there is any contravention of any of the provisions of the act, the Occupier & Manager each shall be Guilty & punishable with

Imprisonment for a term upto 2 years. with a fine upto Rs.100000 or with Both.

194

Sec.93 contravention under section 92 continued after conviction ,they(Manager& Occupier) shall be punishable with further fine which may extend to Rs. 1000 for each day on which contravention is so continued.

195

If a person convicted of any offence punishable under Sec 92, is again guilty involving contravention of same provision ,he shall be punishable with

Imprisonment for a term which may extend to 3 years.

Or fine which shall not be less than 10000 Or both. If any contravention of provision relating to

safety, has resulted in an accident causing death /serious bodily injury,Fine shall not be less than Rs.35000/Rs.10000

196

Offence by workers S 97 Rs 500/ Penalty using false fitness certificate S 98Two months imprisonment or 1,000 Rs or

bothPermitting double child employment S 99

upto 1000 RsPresumption as to employment if person

found during working time exceptintervals for meals or rest S103

197

No court shall take cognizance of any offence under this act except on a complaint by or with the previous section in writing of an Inspector.

The complaint shall be filed within 3 months of the date on which offence comes to the knowledge of an Inspector. But it can be six months , if offence consists of disobeying a written order made by an Inspector.

198

The manager of the Factory or the Occupier on whom an order in writing by an inspector has been served, within 30 days of the notice, can appeal against it to the prescribed Authority.

199

Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this act.

Further he shall not disclose to manager or occupier that the inspection is made in pursuance of the receipt of complaint.

200

MAINTENANCE OF REGISTERS

• Muster roll cum Register of wages/salary /Subsistence allowance – Form No.22

• Register of adult workers – Form No. 11

• Register of leave with wages – Form no. 14

• Inspection book – Form no. 6, 28 & 29

• Register of accident or dangerous occurrence – Form no.23

• Register of overtime muster roll for exempted workers – Form no. 9;

• Health register – Form no. 16 & 38

• Register of absenteeism or Sickness – Form no. 40

Item no. 1 & 3 are prescribed under four important legislations 20

1

MAINTENANCE OF REGISTERS

• THE REGISTERS SHALL BE WRITTEN AFRESH EACH

MONTH.

• THE REGISTERS SHALL BE PRESERVED FOR A

PERIOD OF 3 years

• NO EXEMPTION CAN BE OBTAINED IN MAINTAINING

THE REGISTERS.

202

Muster Roll Wage Register Accident Register Leave With Wage Register Compensatory Holidays register Register of Rooms in Factory White Wash Registers Inspection Register

203

DISPLAY OF NOTICES S 108DISPLAY OF NOTICES S 108

• Notice of periods of work

• An abstract of the act and rules

• Cautionary notices

• Safety posters, catchy safety slogans

• Name and address of the Inspector

• Name of the Medical Officer

•In English & majority language

204

DISPLAY OF NOTICESDISPLAY OF NOTICES

• ALL THE NOTICES TO BE DISPLAYED IN FACTORIES

SHALL BE IN ENGLISH AND IN A LANGUAGE

UNDERSTOOD BY THE MAJORITY OF THE

WORKERS. - S.108

• NOTICES SHALL BE DISPLAYED AT CONSPICUOUS

PLACE AND SHALL BE MAINTAINED IN CLEAN AND

LEGIBLE CONDITIONS. - 108

205

206

RETURNS/NOTICES TO BE SUBMITTED• Combined Annual return - Form no. 20 ( on or before

1st Feb)

• Annual return under PWA – Form no. IV ( on or

before 15th Feb)

• Half yearly return - Form no. 21 ( on or before 15th

July)

• Accident return - Form no. 17 ( for reporting of fatal

and reportable accident)

• Form no. 23 ( on or before 5th of subsequent month)

• Intention to work on Sunday 207

STATUTORY INFORMATIONS TO BE SHARED 1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT.

2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT

3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME

4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED

AND STORED.

5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX

PROCESSES

6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES.

7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION

PROGRAMMES.

8. CONTINUOUS TRAINING CURRICULUM 208

Prohibition on willful misuse of any appliance or convenience provided for health ,welfare & saftey

Wilfully and without reasonable cause endanger himself or others

Willful neglect to make use of provided appliance in factory to secure health, saftey

Imprisonment of 3 months or Rs 100 fine or both

209

Obtain from occupier information reg. health ,safety at work

Get trained at factory or at training institutes /centres approved by Chief inspector through sponsership by occupier ,reg. health ,safety at work

Represent directly or through representative for protection of health ,safety at work

210

No charge of facilities and conveniences supplied by occupier S 114

Application of act to state & central govt. factories also S 116

211

212

Oh !!! This is due to over confidence

213

DANGEROUS OCCURRENCES S.87

(which does not result in death or bodily injury)(which does not result in death or bodily injury)

• Bursting of plant or vessel working under pressure

• Collapse of lifting equipment

• Explosion or fire causing damage

• Collapse of floor, gallery, roof, etc.

The Said incidents also shall be reported in Form no. 17A WITH IN 12 HOURS FROM THE INCIDENT.

These incidents also requires to be investigated to unearth the causes

214

Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker contacting occupational disease should be informed to Factories Inspector. [section 88]. Notice of dangerous occurrences and specified

215

ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES S. 88A,89

Accidents

• Reportable accidents shall be reported in Form no. 17, within 72 hours from the from the time of occurrence of accidents.

• Fatal accident shall be reported within in 12 hours

• Fatal Accidents are Required to be reported to:

• Inspector,

• District Magistrate or Sub Divisional Magistrate,

• Officer in charge of the nearest police station

• Relatives of the injured or deceased person

Fatal

Non fatal

216

ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES

• ACCIDENT IS REQUIRED TO BE INVESTIGATED TO FIND OUT THE CAUSES

• IF ANY VIOLATIONS ARE NOTICED, IT WILL END UP WITH PROSECUTIONS

• CAN POLICE AUTHORITY FILE LEGAL CASE IN CASE OF A FATAL ACCIDENT IN SIDE THE PREMISES OF THE FACTORY?

• PROSECUTION LAUNCHED, UNDER SECTION 92 AND 95 OF THE FACTORIES ACT , BY THE FACTORY INSPECTOR PERTAINING TO AN OCCURRENCE A FATAL ACCIDENT WITHIN THE FACTORY REMISES WILL DEBAR THE PROCEEDINGS UNDER SECTION 342 OF THE CRIMINAL PROCEDURE CODE.

RULING - 2007 LLR 866 - JHARKHAND HIGH COURT - IN CRIMINAL M.P NO. 386 OF 2006 DATED 2ND DECEMBER 2006

217

ACCIDENTACCIDENT

• Unplanned, unexpected event

• Never happens but they are caused

• Unsafe Act and unsafe conditions

• 98% of the accident can be prevented

WHY ACCIDENT SHOULD BE PREVENTED?WHY ACCIDENT SHOULD BE PREVENTED?

• Accidents are proving very costly

• Influence very predominantly on the quality and the cost of materials manufactured.

218

ACCIDENT SEQUENCEACCIDENT SEQUENCE

Ask Fault Cause AccidentInjury/

Damage

¡ Unsafe Act

¡ Unsafe Condition

219

HOW TO ACCOMPLISH?HOW TO ACCOMPLISH?Definitely much can be accomplished

• Top management should have very strong commitment to ensure safety and health at the workplace.

• Implementation of safety is not only a few persons’ job

• Everybody should think that individually and collectively they are responsible to promote safety in the industry

• It is not one time affair, it is continuous and constant

• Middle management should carry the mission and vision of the top management to the grass root level without any laxity and

compromise.

• Continuous effort of providing information, training and education on safety and health to the persons who are in the field

is required.

• There should be strong behavioural attitude towards safety

• Everybody should think that they are the occupier and manager and they are required to observe and follow safety without any

excuses.220

• 29 industries have been listed as industries involving hazardous processes

•THE FIRST SCHEDULE THE FIRST SCHEDULE ( Section 2 (cb) ( Section 2 (cb) inserted under Factories act 1987 inserted under Factories act 1987 New Chapter IV ANew Chapter IV A

INDUSTRIES INVOLVNG HAZARDOUS PROCESSES

221

Process or activity in industries specified in First schedule

Unless special care is taken Raw material, intermediate or finished

product Cause material impairment to health of

persons engaged in or connected with Result in pollution of general environment State govt has power to add,ommit, vary

industries in schedule

222

State govt. May appoint a Site Appraisal Committee to consider to grant permission for initial set up of or expansion of factory involving Hazardous processes

Chief Inspector of state shall be Chairman Recommendations to state govt within 90

daysof the receipt of application Power to call for information from applicant If approval granted no approval required

from Central ,state board under water and air prevention & control of pollution Act.

223

(a) the CI of the State who shall be its Chairman;

(b,c) a representative of the Central Board for the Prevention and Control of Water/Air Pollution appointed by the Central Government under section 3 of the Water /Air(Prevention and Control of Pollution) Act, 1974/1981 (6 of 1974) ;

(d,e) a representative State Board appointed under section 4/5 of the same act

224

(f) a representative of the Department of Environment in the State;

(g) a representative of the Meteorological Department of the Government of India;

(h) an expert in the field of occupational health; and

(i) a representative of the Town Planning Department of the State Government

225

Max. five other members who may be co-opted by the State Government who shall be- ,

(i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory,

(ii) a representative local authority within whose jurisdiction the factory is to be established,

(iii) not more than three other persons as deemed fit by the State Government

226

(1) informations regarding dangers & measures to overcome health hazards from the exposure ,handling ,manufacture, transportation, storage etc, to the workers , the Chief Inspector, the local authority & general public in vicinity.

(2) at registering the factory involving a hazardous process lay down a detailed policy reg. health & safety of the workers , intimate to Chief Inspector , local authority & also inform both the changes made later on

227

1. Ferrous Metallurgical Industries

2. Non-ferrous Metallurgical Industries

3. Foundries (ferrous and non-ferrous)

4. Coal (including coke) industries

5. Power generating industries

6. Pulp and paper (including paper products) industries

List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes

7. Fertilizer industry

8. Cement industries

9. Petroleum industries

10. Petrochemical industries

11. Drugs and pharmaceutical industries

12. Fermentation Industries (Distilleries and Breweries)

13. Rubber (Synthetic) industries

14. Paints and pigment industries

15. Leather tanning industries 228

The information be accurate as to quantity, specifications and other characteristics of wastes and their disposal.

(4) with the approval of the Chief Inspector, draw on-site emergency plan and detailed disaster control measures & make known to the workers .general public living in the vicinity , the safety measures required to betaken in the event of an accident taking place

229

.(5) Every occupier of a factory shall,-

(a) engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 within a period of thirty days of such commencement; and

(b) if such factory proposes to engage in a hazardous process after the act, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process

230

6) contravention of sub-section(5), the license issued under section 6 to such factory shall, be liable for cancellation in addition to the penalty under act.

(7)with the previous approval of the Chief Inspector, lay down measures for the handling usage, transportation and storage of hazardous substances inside the factory premises and their disposal outside & publicise them for workers and the general public living in the vicinity.

231

(a) maintain accurate and up-to-date health records of workers exposed to any chemical, toxic , harmful substances which are manufactured, stored, handled or transported ,records shall be accessible to the workers

(b) appoint qualified & experienced persons for handling & supervising hazardous substances & provide at the working place necessary facilities for protecting the workers

Decision of C I reg. qualifications and experience of a person shall be final.

232

c) provide for medical examination of every worker-

(i,ii) before worker assigned ,while continuing, after cessation of a job at intervals not exceeding twelve months

233

The Central Government may on occurrence of extraordinary situation appoint an Inquiry Committee to inquire standards of health and safety observed in the factory ,causes of any failure or neglect in adoption of standards for workers,general public affected, or likely to be affected,& for prevention and recurrence of such extraordinary situations in factory or elsewhere.

The Committee composition –a Chairman and two other memberstenure etc. determined by the Central Government

(3) The recommendations of the Committee shall be advisory in nature.

Top

234

(1) Where the Central Government is satisfied that no standards prescribed or inadequate, may direct the Director-General of Factory Advice Service and Labour Institutes or any Institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards.

(2) The emergency standards, until incorporated in the rules have same effect as if they had been incorporated in the rules made under this Act.

235

(1) be of the value indicated in the schedule

(2) The Central Government may, by notification in the Official Gazette, make suitable changes in the said Schedule.

236

The occupier shall, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.

State Government may, by order in writing and for reasons to be recorded, exempt the occupier from setting up such Committee.

237

(1)workers have reasonable apprehension of imminent danger to their lives or health due to any accident, may, bring the same to the notice of the occupier, agent, manager or any other person who is in-charge , directly or through their representatives in the Safety Committee and to the notice of the Inspector.

(2) It shall be the duty of such occupier etc on satisfaction to take immediate remedial action & send a report forthwith of the action taken to the nearest Inspector.

(3) If the occupier etc not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, refer the matter to the nearest Inspector whose decision on existence of imminent danger shall be final.

238

List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes

16. Electro – plating industries

17. Chemical industries

18. Insecticides, fungicides, herbicides and other pesticides industries

19. Synthetic resin and plastics

20. Man-made fiber (cellulosic and non-cellulosic) industry

21. Manufacture and repair of electrical accumulators

22. Glass and ceramics

23. Grinding or glazing of metals

24. Manufacture, handling and processing of asbestos and its products

25. Extraction of oils and fats from vegetable and animal source

26. Manufacture, handling and use of benzene and substances containing benzene

27. Manufacturing processes and operations involving carbon disulphide

28. Dyes and dyestuff including their intermediates

29. Highly flammable liquids and gases239

PROVISIONS RELATING TO HAZARDOUS PROCESS

SPECIFIC OBLIGATIONS UPON THE MANAGEMENT

240

PROVISIONS RELATING TO HAZARDOUS PROCESSES

1. CLEARANCE FOR SITING INDUSTRIES

2. DISSEMINATION OF INFORMATIONS ON HAZARDS, MEASURES

3. PREPARATION OF ON SITE EMERGENCY PLAN

4. SAFETY COMMITTEE

5. HEALTH AND SAFETY POLICY

6. MEDICAL EXAMINATIONS – AVAILABILITY OF HEALTH RECORDS

7. DECONTAMINATION FACILITIES

8. OCCUPATIONAL HEALTH CENTRES/AMBULANCE VAN

9. EMPLOYMENT OF QUALIFIED AND COMPETENT SUPERVISORS

10. CONDUCTING PERIODICAL SAFETY AUDITS

11. CLEARANCE FROM POLLUTION CONTROL BOARD

241

HAZARDOUS PROCESSES AND DANGEROUS OPERATIONS

• 26 operations or processes have been identified as dangerous

•COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND PUBLISHED

242

DANGEROUS MANUFACTURING PROCESSES

• Manufacture of aerated waters and processes incidental thereto

• Electrolytic plating or oxidation of metal articles by use of electrolyte

• Manufacture and repair of electric accumulators

• Glass manufacture

• Grinding or glazing of metals

• Manufacture and treatment of lead and certain compounds of lead

• Generating petrol gas from petrol

• Cleaning of smoothening, roughening of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam

243

DANGEROUS MANUFACTURING PROCESSES

• Liming and tanning of rawhides, skins, and processes incidental thereto

• Certain lead processes carried on in printing processes and type foundries

• Manufacture of pottery

• Chemical works

• Manipulation of stone or any other materials containing free silica

• Handling and processing of asbestos

• Handling of manipulation of corrosive substances

• Compression of oxygen and hydrogen produced by electrolysis of water

244

DANGEROUS MANUFACTURING PROCESSES

• Process of extracting oil and fats from vegetable and animal sources using solvent

• Manufacture or manipulation of manganese

• Manufacture and manipulation of dangerous pesticides

• Manufacture, handling and use of benzene

• Manufacturing process or operations in carbon disulfide plants

• Manufacture or manipulation of carcinogenic dye-intermediate

• Operations involving high noise level

• Manufacture of rayon by viscose process

• Highly inflammable liquids and flammable compressed gases

• Operation in foundries245

Specific directions

DANGEROUS MANUFACTURING PROCESSES

246

Specific directions in these type of hazardous processes

• These processes have been defined as dangerous;

• Prohibits the employment of women, adolescents or

children

• Mandates for periodical medical examinations of persons

employed or seeking to be employed

• Prohibits the employment of persons not certified as fit for

such employment.

• Emphasizes on specific personal protective equipment and

clothing's

• Prescribes additional welfare facilities.

• Clearance from Boards for disposal of trade waste is a must.

DANGEROUS MANUFACTURING PROCESSES

247

NOTICE OF POISONING OR DISEASE

A NOTICE OF POISONING OR DISEASE SHALL BE FURNISHED IN FORM NO. 18 BY THE MANAGER,

AUTHORITIEES TO WHOM THE FORM IS REQUIRED TO BE FURNISHED

• CHIEF INSPECTOR

• CERTIFYING SURGEON

• ADMINISTRATIVE MEDICAL OFFICER OF ESI

248

LIST OF NOTIFIABLE DISEASES 1 Lead poisoning

2 Lead tetra ethyl poisoning

3 Phosphorous poisoning

4 Mercury poisoning

5 Manganese poisoning

6 Arsenic poisoning

7 Poisoning by nitrous fumes

8 Carbon disulfide poisoning

9 Benzene poisoning

10 Chrome ulceration

11 Anthrax

12 Silicosis 249

LIST OF NOTIFIABLE DISEASES

13 Poisoning by halogen or halogen derivatives

14 Pathological manifestation due to

• Radium or other radio active substances

• X-rays

15 Primary epitheliomatous cancer

16 Toxic anemia

17 Toxic jaundice due to poisonous substances

18 Oil acne or dermatitis due to mineral oil

19 Byssionosis

20 Asbestosis

21 Occupational or contact dermatitis due to chemical or paints250

LIST OF NOTIFIABLE DISEASE

22 Noise induced hearing loss

23 Beryllium poisoning

24 Carbon monoxide poisoning

25 Coal miners pneumoconiosis

26 Phosgene poisoning

27 Occupational cancer

28 Isocyanides poisoning

29 Toxic nephritis

• Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager.

• The said contractment of disease may be enquired by appointing competent person by the state government. 25

1

3 SCHEDULES

1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES;

2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES AT THE WORK ENVIRONMENT

3. LIST OF NOTIFIABLE DISEASES.

TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING

252

CONSTITUTION OF CONSTITUTION OF SITE APPRAISAL COMMITTEESITE APPRAISAL COMMITTEE

• This has been set down to guide the Government to consider for initial location of industries involving hazardous process at a site.

• Composition is defined

• Modalities of dealing the issue is defined

• This committee consists of various authorities having expertise, the said committee is required to visualize

pros and cons from establishing industries and is required give its opinion within 90 days from the date of receipt of the application

253

HEALTH AND SAFETY POLICYHEALTH AND SAFETY POLICYOccupier should lay down a detailed policy with respect to the health and safety of the workers employed. The Health and

Safety Policy should show

• The intentions and commitment of the management to provide SHE

• Organisational set up to bring out the policy effective

• Arrangement for involving the workers

• Intention of taking account of SHE performance in considering their career advancement

• Fixing responsibility on contractors

• Providing resume of SHE performance in their annual report

• State intention of integration of SHE in selection of machineries, selection of personnel, etc., and the

expectation from the employees.254

PREPARATION OF ON SITE PREPARATION OF ON SITE EMERGENCY PLANEMERGENCY PLAN

An on site emergency plan detailing how possible emergencies are combated by dove tailing all the available infrastructures at the site. This shall be made known to the workers and the public living in the vicinity. Mock rehearsals shall be conducted periodically to assess the strength and weaknesses in the envisaged plan.

255

WORKERS PARTICIPATION IN SAFETY MANAGEMENTWORKERS PARTICIPATION IN SAFETY MANAGEMENT

• Management has to set up a safety committee comprising of representatives of both management and workers to

bridge cooperation in maintaining proper safety and health at work.

• Composition of the committee is prescribed and the tenure is also fixed.

• Functions are also defined:

• Committee should deal with all matter of safety, health and environment and arrive at practicable

solution to the problems encountered

• Undertake educational training and promotional activities

• Discuss on reports of safety, environmental and occupational surveys, safety audits, risk

assessments, disaster management plans and implement the recommendations

made

256

WORKERS PARTICIPATION IN SAFETY MANAGEMENTWORKERS PARTICIPATION IN SAFETY MANAGEMENT

• Functions are defined

• Investigation in to the accidents and suggests corrective measures to avoid reoccurrence of

the same

• Creating safety awareness amongst the workers

• Helping the management in achieving the aims and objectives outlined in the safety policy.

257

GENERAL INFORMATIONGENERAL INFORMATION

• OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY.

• THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR

MANAGER FROM LIABILITY IN CERTAIN CASES.

• THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL

HEALTH SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY –

OCCUPIER AND MANAGER SHALL AFFORD ALL FACILTIES FOR

SUCH SURVEY.

• THE GOVERNMENT MAY APPOINT A COMPETETN PESON

TOINQUIRE INTO THE CAUES OF ANY ACCIENT OCCURING INA

FACTORY OR INTO ANY CASE WHERE DISEASE SPCFIED THE

SCHEDULE HAVE BEEN CONTRCTED.

• INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES

• THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON

ACCOUNT OF SERIOUS HAZARD. 258

GENERAL INFORMATION

• THERE IS A PROVISION FOR AMALGAMATION OF TWO

DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORY OR

TWO OR MORE FACTORIES TO BE A SINGLE - SECTION 4

• THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE

OR ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE

OCCUPIER & MANAGER – RULE 135 OF KFR 1969

• THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY

ORDER SERVED BY THE INSPECTOR BEFORE THE CHIEF

INSPECTOR WITHIN 30 DAYS – SECTION 107

• INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE

PURPOSE OF SATISFYING HIMSELF WITH THE COMPLIANCE TO

THE PROVISIONS – RULE 136.

• THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE

SAME WITHIN SEVEN DAYS 259

GENERAL INFORMATION

• IN CASE OF DEATH OF ANY PERSON ON SERVICE THE

BALANCE OF PAY DUE FOR THE PERIOD OF LEAVE WAGES

NOT AVAILED OF SHALL BE PAID TO HIS NOMINEE WITHIN A

WEEK OF THE INTIMATION OF DEATH – RULE 126

• TO DO THIS NOMINATION SHALL BE OBTAINED IN FORM

NO.25 APPENDED TO THE RULES.

• AS FAR AS THE CIRCUMSTANCES PERMIT, MEMBERS OF THE

SAME FAMILY, HUSBAND AND WIFE SHALL BE ALLOWED

ANNUAL LEAVE WITH WAGES ON THE SAME DATE – RULE125

• NO CHARGE FOR FACILITIES OR CONVENIENCES PROVIDED

EXCEPT UNDER SECTION 46 – SECTION 114

260

VIEWS OF THE APEX COURT OF THE

COUNTRY ABOUT THE LEGISLATION

261

VIEWS OF THE APEX COURT OF THE COUNTRY

• Primary object of the Act is to protect the workers employed in the factories against industrial and occupational hazards ( Bhikusa Vamsa Kshatria V/s Union India, AIR 1963 SC 779)

• Object of the Act is to secure health, safety, welfare, proper working hours, leave and other benefits for the workers employed in factories (AIR 1967 SC 1364)

• Factories Act is a social enactment to achieve social reform and it must receive liberal construction to achieve legislative purpose without doing violence to the language (Central Railway Workshop, Jhansi V/s Vishwanath AIR 1970 SC 488)

• Provision of the Act must be given liberal construction (Alembic Chemical Works Co. Ltd V/s AIR 1961 SC 647.

FACTORIES ACT, 1948FACTORIES ACT, 1948

262

• MEANINGFUL INSPECTIONS ARE CONDUCTED TO EDUCATE AND SENSITIZE THE CONCERNED ON THE ISSUES OF SHE MANAGEMENT

• TRAINING PROGRAMMES ARE BEING CONDUCTED TO VARIOUS CATEGORIES OF PERSONNEL TO CREATE AWARENESS AMONGST THE CONCERNED

• INFORMATION SHARING SYSTEM IS IN VOGUE

• DIRECTORATE OFFICE IS WORKING AS HELP DESK TO PROVIDE ALL NECESSARY INFORMATION IN PREPARATION OF APPLICATIONS, DOCUMENTS ETC., TO THE NEEDY

• AVAILABLE FOR DISCUSSIONS AT ALL TIMES WHO IS COMPLIANT AND HAVE RESPECT FOR THE LAW

• SEVERAL NOTIFICATIONS REGARDING AMENDMENTS ARE BEING CIRCULATED FOR KNOWLEDGE AND INFORMATION

• THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED.

PROACTIVE APPROACH OF THE DEPARMENTPROACTIVE APPROACH OF THE DEPARMENT

263

Statistics at a glance - State• Total number of registered factories: 13200

• Total number of employees: 13,12,235

• Total number of women employees: 2,96,586

• Total number of MAH factories: 77 in 16 districts

• Total number of industries involving hazardous process: 800

• Head quarter: Bangalore

• Offices are Located : 12 Districts in the State

• No. of enforcement officers: 45 with 200 staff.

• No. of Fatal accidents - 75 per year

• No. of reportable accidents – 1500 per year264

The Principal Act (i.e., the Factories Act, 1948) defines the term Hazardous Process in terms industries specified in the First Schedule of the Act.

The Expert Committee recommends that the term Hazardous Process may be re-defined as a process in which a Hazardous Substance is used thereby affecting health of the workers or polluting the general environment.

This amendment would facilitate identification of Hazardous Process by use of Hazardous Substance

265

This amendment renders the First Schedule of the Act which provides a List of Industries Involving Hazardous Processes‘ to be unnecessary and as such, may be deleted.

The Expert Committee also recommends that the term ‗Hazardous Substance‘ be defined as per the Environment (Protection) Act, 1986 by introducing a new provision, i.e., Sub-Section 2(cc).

266

any substance which is liable to cause physical or health hazards to human being

or may cause harm to other living creatures, plants, micro-organisms, property

or the environment on account of its chemical or physio-

chemical properties or handling.

267

Disability[New Sub- Section 2(ee)] as given in Clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Week [Section 2(f)] be broadened so as to provide flexibility to factories to observe different weekly holidays. At present, the Chief Inspector of Factories can allow all factories located in one area to observe a day other than Sunday as weekly holiday. The proposed amendment would enable individual factories in one area to observe different days as their weekly holidays.

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Manufacturing Process‘ be broadened in respect of printing so as to also include processes for printing, offset printing, screen printing, flexography etc due to changes in the printing technology.

In the Principal Act, a person who has ultimate control over the affairs of the factory is considered to be the Occupier of the factory,the Expert Committee recommends that it should be deleted. In respect of factories owned by the Government, definition of the Occupier may be prescribed through the Rules to be notified.

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Under the Principal Act, the Occupier of a factory is not required to take permission from the Government for extension of a factory within a certain prescribed limit. However, such an extension may involve hazards to the safety of workers as well as to the people in the vicinity.

The Expert Committee recommends, therefore, amending the Explanation Clause making it obligatory for an Occupier to obtain permission of the State Government for extension beforehandthe concept of self certification prevalent in the States may be adopted.

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Presently, the term Prescribed in Section 2 means prescribed by Rules made only by the State Governments. However, Rule making power is also proposed to be given to the Central Government, in addition to the State Governments. Be changed to include the Central Government or the State Government‘ under the Act.

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• UNDERSTANDING OF THE LAW,

• COMPLYING WITH LEGAL REQUIREMENTS,

• REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE

• POSITIVE ATTITUDE

ARE THE NEED OF THE HOUR

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