Basic Law for Engineers

8/2/2019 Basic Law for Engineers

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INSIGHT ON

The FACTORIES ACT, 1948

Presented by:-Ayush Khandelwal(09BEC206)(slide#1-20)

Abhishek Jaiswal(09BEC197)(21-40)

Mudit Gupta(09BEC235)(41-60)

Jugal Shah(09BEC462)(61-80)


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Main Objective

The Act has been enacted primarily with the object ofprotecting workers employed in factories against

industrial and occupational hazards.

For that purpose, it seeks to impose upon the owneror the occupier certain obligations to protect theworkers and to secure for them employment in

conditions conductive to their health and safety.


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THE LEGISLATIONS ENFORCED

10 legislation's are inthe vault


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THE FACTORIES ACT, 1948 & RULES MADE THEREUNDER

THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE THEREUNDER

THE MATERNITY BENEFIT ACT 1961 AND RULES MADE THEREUNDER

THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT, 1986

THE INDIAN BOILERS ACT, 1923 AND RULES MADE THEREUNDER.

THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND

CONDITIONS OF SERVICE) RULE 1963

THE KARNATAKA FACTORIES (DEFINING THE PERSONS HANDLING

POSITION OF SUPERVISION OR MANAGEMENT) RULES 1981

ENFORCED LABOUR LEGISLATIONS ARE


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THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS ANDMAINTAINING REGISTER BY CERTAIN ESTABLISHMENT) ACT 1988

MAJOR ACCIDENT HAZARD CONTROL (KARNATAKA) RULES 1994

THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS& RESPONSE) RULES 1996

THE BUILDING AND OTHER CONSTRUCTION WORKERS

(REGULATION OF EMPLOYMENT AND CONDITIONS OFSERVICE ) ACT, 1996 AND RULES MADE THEREUNDER

THE ABOVE ACTS ARE CUSTOMARILY CALLED AS

LABOUR LEGISLATIONS.

ENFORCED LABOR LEGISLATIONS ARE


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COMPLIANCE UNDER

THE FACTORIES ACT, 1948


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120 Sections 11 Chapters 03 Schedules

142 Rules, 10 Chapters 41 Forms/Registers

What the Act is all about?

Enactment of Stringent provisions!

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


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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, Noble and a

Comprehensive Labour Legislation which is in force

in our country.

Covers significant issues relating to the personsemployed in factories.

Secures - Safety

Health

Welfare

Regulates - Working Hours


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Ensures - Annual leaves with wages

Provides - 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 toincrease the scope of the Act.


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Road Map to the Legislation

The establishment of cotton mills in Bombay in 1851 followed by the

establishment of jute mills in 1855 @ 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 nomenclatureThe 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 accident


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Important indicators to be understood1. Applicability

2. Beneficiaries3. Responsible persons

4. Inspecting staff

FACTORIES ACT, 1948


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APPLICABILITY- Applies to FactoriesWhat is a factory?

1. Definite Premises where 10 and more workers;

Manufacturing process, Aid of power Section 2m(i)

2. Definite Premises where 20 and more workers;

Manufacturing process; No aid of power Section 2m(ii)

3. Act empowers State Government to declare all or any of theprovisions of the Act to apply to any place with an objectiveto 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 ofspecific chemical substances, 4. Manufacturing ofasbestos, 5. Storing and handling of chemical substances

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


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3. Act empowers State Government to declare all or any of theprovisions of the Act to apply to any place with an objective tosecure safety, health and welfare or workmen even though theworkers strength is less than the above cited conditions. Section 85(i)

1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specificchemical substances, 4. Manufacturing of asbestos, 5. Storing andhandling of chemical substances as listed under schedule 1 of MAH (K)Rules, 1994.

4. Unless otherwise provided, the Act is applicable to allFactories viz., Private, State, Central, Government, Local Bodiesetc.,

APPLICABILITY


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BENEFICIARIES


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BENEFICIARIES (Target Group)

Workers employed in the registered factories

Worker means a person employed, directly or by or throughany agency (including a contractor) with or without theknowledge of the principal employer, whether forremuneration or not in any manufacturing process or in any

kind of work incidental to, or connected with, themanufacturing process

Workers under the Act, includes

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


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RESPONSIBLE PERSONSOCCUPIER 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.

1996 SUPREME COURT CONFIRMEDTHIS. (1996 LLR 981 JK

Industries LTD., and others V/S CIFB and others etc.,


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RESPONSIBLE PERSONS

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, dangerousoccurrences.


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INSPECTING STAFF - INSPECTORS

Act empowers State Government to appoint persons asInspectors

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 THEAPPLICABLE PROVISIONS OF LAW IN FACTORIES.


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POWERS OF INSPECTORS He has got the power to enter to any premises (with

assistants or experts) which he has got reason to believe it

as a factory

He can make examinations of the premises, plant andmachinery to secure the interests of the workers.

He can direct the occupier to be left undisturbed any placetill his enquiries are completed.

He can seize any records, take copies which is required forthe purpose of enforcement

He can take measurements, photographs and make suchrecordings which are required for enforcement of Law

He can call for production of any registers or documents

pertaining to his duties from the occupier.


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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


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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/LICENCINGAPPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:

PROPOSED CONSTRUCTION

EXTENTION TO EXISTING FACTORY BUILDING

FOR INSTALLATION OF MACHINAIRES CHANGE IN LAYOUT OFMACHINES

REGISTRATION AND GRANT OF FACTORY LICENCE BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE

SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER -

BEFORE 15 DAYS.

LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION

HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT

EXCEEDING THREE YEARS.


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HEALTH FRONT

HOUSE KEEPING/CLEANLINESS OVERCROWDING

LIGHTING

DRINKING WATER

LATRINE AND URINALS

SPITTONS


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HEALTH ISSUESHOUSE KEEPING/CLEANLINESS

THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED INFORM NO.6 - RULE 141

PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29. 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 withwashable paint

Once in three years

3

4

Internal walls is Lime washed or

colour washedDoors, frames, wooden or frameworks

Once in 14 months.

Once in 5 years.


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Clean work environment


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LIGHTINGAND

VENTILATION

Minimum 3 foot candles of light,

Fresh circulation of air by ensuring crossventilation

Adequate openings, 15% of floor area shall be kept

open for natural ventilation

Mechanical system of ventilation incase ofshortage of windows

Overcrowding 14.2 cu.meter of space per person


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Sufficient toilet and urinal accommodations - One forevery 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


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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 watershall be provided with arrangements during the months of

March, April and May.


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SAFETY


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SAFETY

EQUIPMENT SAFETY,

PERSONAL SAFETY

MATERIAL SAFETY

PROCESS SAFETY

PERSONAL PROTECTIVE EQUIPMENT

EXCESSIVE WEIGHTS

GENERAL SAFETY MANAGEMENT

INCLUDES

EQUIPMENT SAFETY


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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, periodicalinspection

Information, instruction and training andsupervision

MATERIAL SAFETY


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MATERIAL SAFETY

MATERIAL SAFETY INCLUDES

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

MSDS shall be readily available

Information, instruction, training andsupervision

Periodical medical surveillance Inventory and storage

PROCESS SAFETY


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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

PERSONAL SAFETY


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PERSONAL SAFETY

BASICALLY PERSONAL SAFETY

INCLUDES

Issue of personal protective equipment accordingto 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

SAFETY MANAGEMENT


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SAFETY MANAGEMENT

EXCESSIVE WEIGHTS

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

Adult male 50kgsAdult female 30kgs

Adolescent male 30kgs

Adolescent female 20kgs

Male child 16kgs

Female child 14kgs


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PERSONAL PROTECTIVE

EQUIPMENT As per Rule 65D of KFR 1969, the Inspector can pass an order to

supply to the workers the required to personal protective

equipment exposed to particular hazards as may be found

necessary;

All personal protective equipment provided to the workers as

required under the act 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 under t he provisions of this act Section 114


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CANTEEN


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CANTEEN

APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250

BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILERROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATESOBNOXIOUS FUMES ETC., - MINIMUM 15 METERS

LIME WASHED ONCE IN A YEAR

DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN

PROPORTION OF THEIR STRENGTH

WASHING PLACE SHALL BE PROVIDED.

CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY CONDITIONS ATALL TIMES


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SHELTER RESTROOM AND LUNCH ROOM


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SHELTER, RESTROOM AND LUNCH ROOM

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.

CRECHE


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CRECHE THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN IS

MORE THAN 30

ADEQUAE LIGHTING AND VENTILATION

EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER

CHILDREN.

CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN

WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND SANITARY

CONDITIONS.

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.


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WASHING FACILITIES


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WASHING FACILITIES

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.


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FIRST AID APPLIANCES


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FIRST AID APPLIANCES

FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED

WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THEEQUIPMENT 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.


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AMBULANCE ROOM


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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 SHALLBE 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.


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WORKING HOURS FOR ADULTS


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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 10 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 women



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One day for every twenty days

Eligibility :

240 days in a calendar year his/her service is frombeginning of the calendar year;

2/3rd of the calendar year his/her service begins in themiddle 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 settledimmediately.

PROVISIONS IN THE ACT CORRESPONDING TO


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PROVISIONS IN THE ACT, CORRESPONDING TO

WOMEN WORKERS

FACTORIES ACT WOMEN WORKERS


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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

Government has notified 15 categories of factories

under 2 notifications;

One in one notification

Fourteen in another notification.

SALIENT FEATURES



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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 freshperiod of work in the following day

No overtime work

Act bars employment of women workers from 10 pm to5 am totally.

Act bars employment of women to clean, lubricate anypart of the equipment

Act bars employment of women workers in hazardousprocesses


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FACTORIES ACT CHILD LABOUR

FACTORIES ACT CHILD LABOUR


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FACTORIES ACT CHILD LABOUR Bars the employment of persons below the age of 14

Act permits the employment of child and adolescent to workin factories subject to condition of obtaining certificate offitness 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.

Act bears employment of child and young persons ondangerous machines power press, hydraulic, presses,milling machine, guillotine machine

Act bars employment of child and adolescent on dangerousmanufacturing processes

MAINTENANCE OF REGISTERS


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MAINTENANCE OF REGISTERS

Muster roll cum Register of wages/salary /Subsistenceallowance 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

DISPLAY OF NOTICES


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DISPLAY OF NOTICES

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


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ACCIDENTS


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ACCIDENTS

ACCIDENT, DANGEROUS OCCURRENCES AND


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,DISEASES

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

ACCIDENT, DANGEROUS OCCURRENCES AND


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,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 AFATAL 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 FACTORYREMISES 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

DANGEROUS OCCURRENCES


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DANGEROUS OCCURRENCES

(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. 17AWITH IN 12 HOURS FROM THE INCIDENT.

These incidents also requires to be investigated to unearththe causes

INDUSTRIES INVOLVNG HAZARDOUS


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29 industries have been listed as industries involvinghazardous processes have been listed at the

THE FIRST SCHEDULE(See Section 2b)

INDUSTRIES INVOLVNG HAZARDOUSPROCESSES

List of Industries involving Hazardous Processes


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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

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

List of Industries involving Hazardous Processes


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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 gases

PROVISIONS RELATING TO HAZARDOUS


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PROCESSES

1. CLEARANCE FOR SITING INDUSTRIES2. 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

LIST OF NOTIFIABLE DISEASES


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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 Anthrax

11 Silicosis

LIST OF NOTIFIABLE DISEASES


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12 Occupational or contact dermatitis due to chemical or paints

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

LIST OF NOTIFIABLE DISEASE


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21 Toxic nephritis

22 Noise induced hearing loss

23 Beryllium poisoning

24 Carbon monoxide poisoning

25 Coal miners pneumoconiosis26 Phosgene poisoning

27 Occupational cancer

28 Isocyanides poisoning

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

The said contractment of disease may be enquired by appointing

competent person by the state government.


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OBLIGATION OF WORKERS - Sec.111


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No worker in a factory

Shall willfully interfere with or misuse any appliance,convenience or other thing provided in a factory for the purposes

of securing the health, safety or welfare of the workers.

Shall willfully and without reasonable cause do any thing likely

to endanger himself or others and

Shall willfully neglect to make use of any appliance or other

thing provided in the factory for the purposes of securing the

health or safety of the workers.

If any of the workers employed contravened any of the said

provision, he shall be punishable with imprisonment for a term,

which may extend to one hundred rupees or both.

PENALTY FOR ANY VIOLATIONS


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No minimum fine is fixed

Maximum fine fixed is Rs.1,00,000/- or two years

imprisonment or both.

In case of fatal accident if the contravention is noticed

from Chapter IV - Rs. 25,000/- minimum

In case of serious accident Rs. 5,000/-

Enhanced penalty after previous conviction is very

severe.

Any contravention under chapter IVA penal provisions

are very stringent.

FACTORIES ACT, 1948


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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.


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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


80/80

Basic Law for Engineers

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