Facotries Act%2C 1948

8/2/2019 Facotries Act%2C 1948

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Welcome to the Presentation on

Factories Act, 1948

an overview of


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FACTORIES ACT, 1948


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OBJECTIVES

TO SECURE SAFETY OF THE PERSONS;

TO SECURE HEALTH OF THE PERSONS FROMHAZARDOUS OCCUPATION/PROCESSES;

TO ENSURE PROTECTION FROM HAZARDOUSEQUIPMENT;

TO ENSURE SOUND WORKING ENVIRONMENT;

TO ENSURE WELFARE OF THE PERSONS;

TO PROTECT THE ENVIORNMENT;


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FACTORIES ACT, 1948

Regarded as one of the Noble and a Comprehensive

LabourLegislation which is inforce in our country.

Covers all the aspects relating to workers employed 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


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LABOUR LEGISLATIONS


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LABOUR LEGISLATIONS

Labour : Earning member of either sex

3/4th of the population

Various fields :

Factories

Shops

Establishments

Plantation

Mines, etc.


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LABOUR LEGISLATIONS

Unfold the history

Labourers have been exploited

They have been made to face lot of problems at their

work place.

This has paved way for designing

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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60 LABOUR LEGISLATIONS

The fatal accidents Act, 1855

The child labour (prohibition and regulation) Act, 1986

- Pre-independence- Post independence

Legislations are amended from time to time to meet the

scope and objective enshrined in the Acts.


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60 LABOUR LEGISLATIONS

OBJECTIVE - ENSURE PROTECTION TO

LABOURERS

Safety

Health

Working

conditions

Environment Wages

Social

security

Industrial

relations

PROTECTION


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CATEGORIES OF LABOUR LEGISLATIONS

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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Legislation on Industrial Relations

The Trade Unions Act, 1926

The Industrial employment (Standing Orders) act, 1946

Industrial Disputes Act, 1947

Labour legislation on wages

The Payment of Wages Act, 1936

The Minimum Wages Act, 1948

The Payment of Bonus Act, 1965

The Equal Remuneration Act, 1976


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Labour legislations on social security

The Workmen Compensation Act, 1923

The Maternity Benefit Act, 1961 The Payment of Gratuity Act, 1972


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LEGISLATION ON WORKING CONDITIONS


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The plantation labour Act, 1951

Working journalist and other news paper employees and

miscellaneous provisions Act, 1955

The Karnataka shops and commercial establishment Act,1961

The motor transport workers Act, 1961

The Karanataka Industrial Establishment (National an

festival holidays) Act, 1963

The Beedi and Cigar workers (conditions of employment)

Act, 1966


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Contract labour (regulation and abolition) Act, 1970

The sales promotions employees (condition of service)

Act, 1976

The interstate migrant workmen Act, 1979 The child labour (prohibition and regulation) Act, 1986


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The Employees Provident fund Act, 1952

The Employees State Insurance Act, 1948

The Karnataka Labour Welfare Fund Act, 1965

The labour laws exemption (from furnishing returns and

maintaining registers by certain establishments) Act,

1988, etc.

Other Labour Laws


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OTHER SAFETY LEGISLATIONS

APPLICABLE TO INDUSTRIES:

The Petroleum Act 1934 and Rules 1976

The Indian Explosives Act, 1884 The Static and Mobile Pressure Vessels

(Unfired) Rules, 1981;

Gas Cylinder Rules, 1981;


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DEPARTMENT OF FACTORIES & BOILERS

The Factories Act, 1948

The Payment of Wages Act, 1936

The Maternity Benefit Act, 1961

The Indian Boilers Act, 1923 and rules made there under.

Child Labour (prohibition and regulation) Act, 1986

Other Legislations

Environment (Protection) Act, 1986

- MSIHC Rules

- MAHC (K) Rules, 1994

- Chemical Accident (Emergency planning, preparedness

and response) Rules, 1996.


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HISTORY OF THE LEGISLATION

(THE FACTORIES ACT, 1948)

> 100 Years Old Legislation :

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

Conditions : No control over the conditions of the employment ofworkmen employed in industries

Employers used to bargain with the employees

Child employment was predominant in factories

Introduction of machines and new processes lead toaccidents and deaths

There was no stipulated timing of work


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Result is that the capitalist hopelessly exploited labourers

These conditions urged the need for a law / legislation to protect

the workersResult is the Indian Factories Act, 1881 came in to

force.

Much importance was given to abolish child employment by

fixing the minimum age to 7 years

Applicable for establishment having 100 workers;

There were no inspecting staff;

Initially, this didnt serve the purpose for which this has been

designed.


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This was amended from time to time i.e.,

1891, 1911, 1923, 1926, 1931, 1934

After the independence, highest concern was given to

design a legislation to our independent India with anobjective of protecting the workers employed in the

factories.

UK Factories Act, 1937that was considered as an

updated legislation to ensure the various aspects ofworkmen employed in factories was taken as base.

This was also amended regularly, 1954, 1976, 1986


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MAJOR AMENDMENTS WERE CAUSED

DURING 1987

Reasons : Bhopal Gas tragedy occurred in 1984 (Early hours of

3.12.1984)

Revealed the weakness in the existing law and demanded the

need to amend the law by incorporating special provisions todeal with chemical industries and for management ofchemical accidents.

Act was overhauled1987 (1.12.1987)

Many provisions were introduced;

Penal provisions were revamped


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MAJOR AMENDMENTS WERE CAUSED

DURING 1987

Hazardous processdefined

Hazardous Process means any process or activity in relationto an industry categorized wherein unless special care is

taken, raw materials used therein or the intermediateproducts, bye-products, wastes or effluents would ;

- Causes of material impairment to the health of the personsengaged in

- Result in general pollution

29 industries have been listed as industries involvinghazardous processes.


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THE FIRST SCHEDULE

(See Section 2 (cb))List of Industries involving Hazardous Processes


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1. Ferrous Metallurgical Industries

2. Non-ferrous Metallurgical Industries3. 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 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


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List of Industries involving Hazardous Processes

16. Electro plating industries

17. Chemical industries18. Insecticides, fungicides, herbicides and other pesticides industries

19. Synthetic resin and plastics

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

21. Manufacture and repair of electrical accumulators22. 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


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FACTORIES 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 andobjectives of the Act.

Accordingly KFR 1969 is in force since 10.4.1969

Rules are also amended from time to time

Extends to the whole of India

Applicable to the premises, which comes under thedefinition Factory


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FACTORIES ACT, 1948

Provisions envisaged are based on :

- ILO convention and recommendations

- Constitutional Provisions

FundamentalRights

DirectivePrinciples

A CA


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APPLICABILITY

Limited jurisdictionapplies to Factories

Premises where 10 and more workers;

Manufacturing process, Power

Premises where 20 and more workers;

Manufacturing process; No power Act empower state government to declare all or any of the

provisions of the act to apply to any place with an objectiveto secure safety, health and welfare or workmen even thoughthe workers strength is less than the above cited conditions.

1. Training of hides, 2. Electroplating, 3. Manufacturingof specific chemical substances, 4. Manufacturing ofasbestos, 5. Storing and handling of chemical substancesas listed under schedule 1 of MAH (K) Rules, 1994.

BENEFICIARIES (T G )


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BENEFICIARIES (Target Group)

Workers employed in the registered

factories

Worker means a person employed,directly or through any agency(including a contractor) with or withoutthe knowledge of the principalemployer, whether for remuneration or

not in any manufacturing process or inany kind of work incidental to, orconnected with the manufacturing

process

RESPONSIBLE PERSONS


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RESPONSIBLE PERSONS

OCCUPIER AND MANAGER are the responsible personsfor implementation of the provisions envisaged in the Act.

OCCUPIER means the person who has got the ultimatecontrol over the affairs of the factory.

Proprietorship - Proprietor

Partnership - One of the partner

Company - One of the director

State or Central

Government owned - Person so nominated by therespective government.

After the SC judgment during 1996

MANAGER means a person responsible to the occupier for

the working of the factory. He has to be nominated by theoccupier.

INSPECTING STAFF


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INSPECTING STAFF

Act empowers state Government to appoint persons asinspectors who possess the prescribed qualifications alongwith local limits.

Act has prescribed the duties and powers of the inspectors

Deputy commissioner of the District

Government can notify persons as inspectors - Notification

FOCUSSED AREAS


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FOCUSSED AREAS

Occupiers responsibility

Inspectors responsibility Health

Safety

Welfare

Working hours for adult workers

Annual leave with wages

Provisionsstrength of workers

Provisions - Women employment

Provisions - Child labour

Dangerous operations

FOCUSSED AREAS


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FOCUSSED AREAS

Notifiable diseases

Special provisions relating to hazardous processes Accidents and dangerous occurrences

Statutory notices, registers

Right of workers

Obligation of workers

Penalties and procedures

OCCUPIERS RESPONSIBILITY


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OCCUPIERS 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 managementat the site without any compromise.

RESPONSIBILITIES OF THE MANAGER


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RESPONSIBILITIES OF THE MANAGER

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

He is a person responsible to the occupier for working of thefactory 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 implementingthe applicable provisions of the Act.

DUTIES OF THE INSPECTOR


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DUTIES OF THE INSPECTOR

He is required to visit the factories which is under the ambit

of the law to check that the applicable provisions areimplemented.

He is required send a status report in respect of majoraccident hazard units

He is required to investigate the accidents

POWERS OF INSPECTORS


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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 itas a factory

He can make examinations of the premises, plant andmachinery to secure SHE

He can direct the occupier to left undisturbed any place tillhis 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 documentspertaining to his duties from the occupier.

HEALTH


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HEALTH

Cleanliness

Disposal of waste and effluent

Dust and fumes

Over crowding

Lighting (at the place of work / at the place of movement)

Drinking water

Latrine and urinals

Ventilation and temperature (reasonable condition ofcomfort)

SAFETY


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SAFETY

Fencing of machinery (transmission machinery / dangerous

rotating parts) Lifting machines/ tackles

Pressure plant

Floors, stairs and sumps

Excessive weights

Protection of eyes (risk of injuryparticle fragments /risk of injuryexposure to light)

Precautions in case of fire

Safety of building and machinery

Power to prohibit on account of serious hazard, imminentdanger

SAFETY UNDER THE KFR 1969


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SAFETY UNDER THE KFR - 1969

Power presses, centrifugal machine, rubber mills, textile

machines, wood working machines have been declaredas dangerous.

Tight fitting clothes to the persons employed on machineryon motion

Reaction vessels, kettles, oven, driers (325 Lts., capacity),gas holder (150 Cu.M capacity)periodical tests andexaminations

Workers employed on cranes, fork lift, locomotive craneperiodical eye sight and colour vision examination

Railway in factoriesspecial provisions are envisaged foroperation in factoriessince premises is not covered underIndian Railway Act, 1890.



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Rules prescribed restriction in carrying / moving weights at

the work site. Rule empowers the inspector to direct the management to

provide PPEs to the workers depending upon the nature ofthe works;

Rule demands the PPEs should be of ISI or any otherequivalent standards.

Rules stipulates that the no motor vehicle shall be drivenmore than 16 Km/Hr.

Rule prescribes the electrical installations shall bein-conformity with Indian Electricity Actinsists for overload relay and ELCB.



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Rules encompasses

1. That no process of work shall be carried on in such amanner as to cause risk of bodily injury

2. That no equipment, machine are operated as to cause riskof bodily injury

3. That no equipment or material shall be stocked or storedin such a manner as to cause risk of bodily injury.

The maximum sound level to which the workers can beexposed continuously for 8 hours is 90db.

No exposure in excess of 115db is permitted

In case of impact noise no exposure in excess of 140db ispermitted



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No person shall be allowed to work or pass over on the roofwhich is covered with fragile materialprovisions ofcrawling boards, duck ladders shall be used.

No person shall be allowed to enter any chamber, tank, vat,pipe or other confined space in which gas, fumes is presentwhich is likely to cause danger unless it is made innocuous.

The portable electric light of voltage not exceeding 24 voltsshall be permitted to use in any chamber, tank, vat, pit, pipeor other confined space. Flammable materialflameproofconstruction shall be permitted to use.

WELFARE


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WELFARE

Washing facilities

Facilities for sitting

First aid appliances

Crche

Canteen Rest room, shelters, lunch room

Welfare officers

First aid trained personnel Ambulance room

WORKING HOURS FOR ADULTS


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WORKING HOURS FOR ADULTS

Act regulates the working hours for adult workers employed inthe factories

Weekly hours / Daily hours;

Weekly holidays

Interval for rest

Extra wages for overtime

Spreadover10 hours12 hours

Restriction of double employment

Notice of periods of workcontrary is not allowed

Power to make exempting orders

restriction on employment of women

Register of adult workers

ANNUAL LEAVE WITH WAGES


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ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility : 240 days in a calendar yearhis/her service is from

beginning of the calendar year;

2/3rd of the calendar yearhis/her service begins in the

middle of calendar year Issue of leave books

Maintain registers

Any discharge / dismissalbenefit shall be settledimmediately.

PROVISIONS IN THE ACT CORRESPONDING


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PROVISIONS IN THE ACT, CORRESPONDING

TO STRENGTH OF THE WORKERS

Crche

Restroom / shelters and lunch room

Cooled drinking water

Canteen Ambulance roomDoctor, Nurse and Dresser cum

compounder

Welfare officer

Lady welfare officer

Safety officer

Occupational health centreIndustries2(cb)

OHC CONDITIONS


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OHC CONDITIONS

UPTO 50 WORKERS :

Facilities as per the scale prescribed shall be provided andmaintained

A medical practitioner on retainership basis

He will carryout pre employment and periodical medicalexaminations

Minimum 5 first aid trained personnel shall be present

OHC CONDITIONS


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OHC CONDITIONS

FROM 50 TO 200 WORKERS :

A separate room with 15 Sq.Mtr. Area with all the facilitiesas prescribed under rules

Part time doctor who visit the OHC twice in a week andwhose services are readily available in case of emergencies

One qualified dresser cum compounder.

MORE THAN 200 WORKERS :

One full time doctor up to 500 workers and one more forevery 1000

Equipped OHC of area 15 Sq.Mtr.

One nurse, dresser cum compounder, sweeper cum wardboy.

FACTORIES ACT WOMEN WORKERS


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FACTORIES ACTWOMEN 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

Government has notified 15 categories of factories under 2notifications;



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The conditions are

Written consent Free transport upto their residence

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

No overtime work

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

Act bars employment of women to clean, lubricate any partof the equipment

Act bars employment of women workers in hazardousprocesses

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.

Childmore than 14 and less 15;

Adolescentmore 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 machinespower press, hydraulic, presses,milling machine, guillotine machine

Act bars employment of child and adolescent on dangerousmanufacturin rocesses

PROVISIONS RELATING TO HAZARDOUS


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PROVISIONS RELATING TO HAZARDOUS

PROCESS

Constitution of site appraisal committee

Compulsory disclosure of information by the occupier

Specific responsibility of the occupier in relation tohazardous process

Power of central government to appoint inquiry committee

emergency standards

Permissible limits of exposure of chemical and toxicsubstances

Workers participation in safety management

Right of workers to warn about imminent danger

CONSTITUTION OF


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CONSTITUTION OF

SITE APPRAISAL COMMITTEE

This has been set down to guide the Government to considerfor initial location of industries involving hazardous processat a site.

Composition is defined

Modalities of dealing the issue is defined

This committee consists of various authorities havingexpertise, the said committee is required to visualize pros

and cons from establishing industries and is required give itsopinion within 90 days from the date of receipt of theapplication

COMPULSORY DISCLOSURE OF


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COMPULSORY DISCLOSURE OF

INFORMATION BY THE OCCUPIER

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 which contains identityof the materials, physical and chemical properties, fire andexplosion data, reactive hazards, health hazard data, hazardidentification, safe usage data, emergency response data,

By training, information educating and by strict supervision

HEALTH AND SAFETY POLICY


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HEALTH AND SAFETY POLICYOccupier should lay down a detailed policy with respect to thehealth and safety of the workers employed. The Health andSafety Policy should show

The intentions and commitment of the management toprovide SHE

Organisational set up to bring out the policy effective

Arrangement for involving the workers

Intention of taking account of SHE performance inconsidering their career advancement

Fixing responsibility on contractors

Providing resume of SHE performance in their annualreport

State intention of integration of SHE in selection of

machineries, selection of personnel, etc., and theex ectation from the em lo ees.

PREPARATION OF ON SITE


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PREPARATION OF ON SITE

EMERGENCY PLAN

An on site emergency plan detailing how

possible emergencies are combated by dovetailing all the available infrastructures at thesite. This shall be made known to the workersand the public living in the vicinity. Mock

rehearsals shall be conducted periodically toassess the strength and weaknesses in theenvisaged plan.

SPECIFIC RESPONSIBILITIES OF


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THE OCCUPIER

Maintain accurate and upto date health records who areexposed to hazardous process & hazardous chemicals

Appointment of personnel who possess qualifications andcompetency 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 hazardousjobs and who are required to handle hazardous chemicals.

Occupational health centres shall be provided andmaintained to cater to the compliance of periodical and pre-employment medical examinations.



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THE OCCUPIER

Occupational health centre shall be equipped with allrequirements as envisaged under the rules and shall be keptin charge of qualified doctor with assistants such as nurse,compounder and sweeper.

Ambulance van shall be provided for the purpose oftransportation of serious cases of accidents or sickness.

Decontamination facilities shall be provided at the site tomeet the emergency. The facilities includes drenchingshowers, eye wash bottles filled with distilled water to

remove contamination with hazardous and corrosivesubstances.

PERMISSIBLE LIMIT OF EXPOSURE OF


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PERMISSIBLE LIMIT OF EXPOSURE OF

CHEMICAL SUBSTANCES

Act stipulates the permissible levels of certain chemicalsubstances at the work environment both in TWA for 8hours and STEL for 15 minutes.

116 chemical substances have been notified under thesecond schedule appended to the Act.

WORKERS PARTICIPATION IN SAFETY MANAGEMENT


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Management has to set up a safety committee comprising ofrepresentatives 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 isalso fixed.

Functions are also defined:

Committee should deal with all matter of safety, healthand environment and arrive at practicable solution to theproblems encountered

Undertake educational training and promotional activities

Discuss on reports of safety, environmental andoccupational surveys, safety audits, risk assessments,disaster management plans and implement therecommendations made

WORKERS PARTICIPATION IN SAFETY MANAGEMENT


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Functions are defined

Investigation in to the accidents and suggests correctivemeasures 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.

POWERS OF CENTRAL GOVERNMENT TO


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APPOINT INQUIRY COMMITTEE

The central government in the event of an occurrence ofany extra ordinary situation involving a factoryengaged in hazardous process can appoint a committee

to inquire in to the standards of health and safetyobserved in the factory with a view to find out the causeof any failure or neglect in the adoption of anymeasures or standards prescribed for health and safety.

RIGHT OF THE WORKERS TO WARN ABOUT


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IMMINENT DANGERS

If the workers have reasonable apprehension that there islikelihood of imminent danger to their lives or health due toany accident, they may bring to the knowledge of theoccupier and manager directly or through theirrepresentative of the safety committee.

It is the duty of occupier and manager to initiate immediatenecessary action.

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

Any compromise on these provisions, the punishment under theAct is very bitter and costly.

MAINTENANCE OF REGISTERS


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Muster roll Register of adult workers

Register of leave with wages

Inspection book Register of accident or dangerous occurrence

Overtime exemption register

Health register

DISPLAY OF NOTICES


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Notice of periods of work

An abstract of the act and rules Cautionary notices

Safety posters

Name of the Inspector

Name of the certifying surgeon

RETURNS TO BE SUBMITTED

Annual return

Half yearly return

Accident return

ACCIDENT, DANGEROUS OCCURRENCES


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,

AND DISEASES

Accidents

Requires reporting to the Inspector Investigated within one month

To find out causes

Any violations requires legal action

Fatal

Non fatal

DANGEROUS OCCURRENCES


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(which does not result in death or bodily injury)

Bursting of plant or vessel working under pressure

Collapse of lifting equipment

Explosion o r fire causing damage

Collapse of floor, gallery, roof, etc.

DANGEROUS MANUFACTURING PROCESSES


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Manufacture of aerated waters and processes incidentalthereto

Electrolytic plating or oxidation of metal articles by use ofelectrolyte

Manufacture and repair of electric accumulators

Glass manufacture

Grinding or glazing of metals

Manufacture and treatment of lead and certain compounds oflead

Generating petrol gas from petrol

Cleaning of smoothening, roughening of articles by a jet ofsand, metal shot or grit or other abrasive propelled by blast of

compressed air or steam



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Liming and tanning of rawhides, skins, and processes incidentalthereto

Certain lead processes carried on in printing processes and typefoundries

Manufacture of pottery

Chemical works

Manipulation of stone or any other materials containing freesilica

Handling and processing of asbestos

Handling of manipulation of corrosive substances

Compression of oxygen and hydrogen produced by electrolysisof water



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Process of extracting oil and fats from vegetable and animalsources 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 foundries


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LIST OF NOTIFIABLE DISEASES


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13 Poisoning by halogen or halogen derivatives

14 Pathological manifestation due to

Radium or other radio active substances

X-rays

15 Primary epitheliomatous cancer16 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 paints

LIST OF NOTIFIABLE DISEASE


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22 Noise induced hearing loss

23 Berlylium poisoning

24 Carbon monoxide poisoning

25 Coal miners pneumoconiosis

26 Phosgene poisoning27 Occupational cancer

28 Isocyanates poisoning

29 Toxic nephritis

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.

RIGHT OF WORKERS


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Every workers shall have the right to

Obtain from the occupier, information relating to workers healthand safety at work

Get trained within the factory wherever possible, or to gethimself sponsored by the occupier for getting trained at a

training centre or institute, duly approved the Chief Inspectorof Factories, where training is imparted on safety, health andwelfare.

Represent to the Inspector directly or through his representativein the matter of inadequate provisions for protection of his

health or safety in the factory.

OBLIGATION OF WORKERS


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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 thepurposes 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 thehealth or safety of the workers.

If any of the workers employed contravened any of the saidprovision, he shall be punishable with imprisonment for a term,which may extend to one hundred rupees or both.

PENALTY


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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 contraventions are noticed from

Chapter IV - Rs. 25,000/- minimum In case of serious accident Rs. 5,000/-

Any contraventions under chapter IVApenal provisions arevery stringent.

CAREFUL EXAMINATIONS OF THE


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PROVISIONS OF THE ACT REVEALS THAT

Act mandates the requirement of high degree of safety and healthawareness at the site which is under the ambit of the definition ofthe Act.

Further it also stipulates welfare measures in addition toregulation of working hours.

Act stipulates that the occupier and manager are obliged toimplement the provisions envisaged in the Act to ensure SHE atthe site;

The main intention of the legislator who have designed thislegislation is to protect the huge community who are exposed tohigh degree of risks and hazards at their work place.

The act not only protect the persons inside the premises inparticular but also the environment in general.

CAREFUL EXAMINATIONS OF THE


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PROVISIONS OF THE ACT REVEALS THAT

Act also provides certain rights and highlights the obligations ofthe 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

RATE OF ACHIEVEMENT


82/90

Though many legislation are in force

Not much is accomplished

REASONS

Scanty respect for the Law

Misconception - Proposition involves in huge expenditure

Lack of appreciation of the hazards

Subject is very bland Misconception - accident is the act of God - Can not be prevented

Laxity in behavioural change

IS IT REQUIRED?


83/90

To thrive, industry is required to produce

High quality of goods

Goods with less cost

Market

Protected

Competitive

Many parameters influence this;

Safe and healthy environment is also one amongst theparameters.

ACCIDENT


84/90

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?

Accidents are proving very costly

Influence very predominantly on the quality and the cost of

materials manufactured.

ACCIDENT SEQUENCE


85/90

Ask Fault CauseAccident

Injury/

Damage

Unsafe Act

Unsafe Condition

HOW TO ACCOMPLISH?


86/90

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 areresponsible 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 andcompromise.

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 andthey are required to observe and follow safety without any

excuses.


87/90

STATISTICS OF THE STATE


88/90

1. Total No. of Factories registered : 10,300

2. Total No. of beneficiaries : Around 10 Lakhs

3. Industries involving hazardous processes : 800

4. MAH Units : 75

5. Head Office : Bangalore6. Divisional Offices : 20 Districts

7. Accidents (Fatal) : Average 30 to 50

8. Non-fatal accidents : Average 3500 to 4000

9. No. of enforcing Officers : 30


89/90

RIGHT PLANNING,

TEAM WORK &POSITIVE

ATTITUDE


90/90

Facotries Act%2C 1948

Documents