What the Department of Factories and Boilers is all about? One amongst the 50+ Government departments
Main Objective• Shouldering the responsibility of ensuring compliance with the applicable legislations at the place which is under the ambit of the definition “ Factory”
HOW MANY & WHICH ARE THE LEGISLATIONS ENFORCED? 10 legislations are in the Quiver
ENFORCED LABOUR LEGISLATIONS ARE• 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
ENFORCED LABOR LEGISLATIONS ARE• THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS AND MAINTAINING 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 OF SERVICE ) ACT, 1996ARE CUSTOMARILY THEREUNDER THE ABOVE ACTS AND RULES MADE CALLED AS “ LABOUR LEGISLATIONS ”.
What the Act is all about? Enactment of Stringent provisions! 120 Sections 11 Chapters 03 Schedules 142 Rules, 10 Chapters 41 Forms/RegistersIF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.
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 persons employed in factories. factories Secures - Safety Health Welfare Regulates - Working Hours
FACTORIES ACT, 1948 Ensures - Annual leaves with wages Provides - Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of childrenSeries of amendments have been made time and again to increase the scope of the Act.
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 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 accident
Road map to the legislation.• 29 industries have been listed as industries involving hazardous processes . The industries are listed under - THE FIRST SCHEDULE (See Section 2 (cb)• Special provisions have been incorporated to govern the aspect of SHE in the said hazardous industries.• A new chapter by name “ Chapter IV A was introduced as Special provisions relating to Hazardous processes ”.• Penal provisions were revamped.• Amendments are continual in the wake of industrialization.
FACTORIES ACT, 1948 Important indicators to be understood 1. Applicability 2. Beneficiaries 3. Responsible persons 4. Inspecting staff
APPLICABILITY Applies 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.,
APPLICABILITY Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central, Government, Local Bodies etc.,
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.
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. 1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981 JK Industries LTD., and others V/S CIFB and others etc.,
OCCUPIERS RESPONSIBILITY• 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.
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
INSPECTING STAFF - INSPECTORS THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.• 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
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 and machinery to secure SHE• He can direct the occupier to left undisturbed any place till his enquiries are completed.• He can seize any records, take copies which is required for the purpose of enforcement• He can take measurements, photographs and make such recordings which are required for enforcement of Law• He can call for production of any registers or documents pertaining to his duties from the occupier.
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.,
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
APPROVAL/LICENCING • APPROVAL OF PLANS • REGISTRATION AND RENEWAL OF FACTORY LICENCE • AMENDMENT & TRANSFER IN THE LICENCE
APPROVAL/LICENCINGAPPROVAL 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 SHALL BE MADE BEFORE MAKING ANY CHANGES• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.• NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION• IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION
LICENCINGREGISTRATION AND GRANT OF FACTORY LICENCE• BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE 15 DAYS.• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.• LICENCE WILL BE GRANTED IN FORM 3.• IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE GRANTED.
LICENCINGWHAT IS AMENDMENT/TRANSFER• THREE LIMITS ARE MENTIONED IN THE LICENCE.• IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES.• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.• 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
APPROVAL/LICENCINGLICENCE 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 UNDER RULE 142 OF THE KARNATAKA FACTORIES RULES, 1969.
HEALTH FRONT • HOUSE KEEPING/CLEANLINESS • OVERCROWDING • LIGHTING • DRINKING WATER • LATRINE AND URINALS • SPITTONS
HEALTH ISSUES HOUSE KEEPING/CLEANLINESS Sl.no Type of coatings Periodicity 1 Building is Painted and varnished Once in five years 2 Inside walls is Painted with Once in three years washable paint 3 Internal walls is Lime washed or Once in 14 months. 4 colour washed Doors, frames, wooden or frame Once in 5 years. works • THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM 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
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
TOILET FACILITIES 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.
Drinking waterAdequate 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.
SAFETY GENERAL SAFETY MANAGEMENT INCLUDES • EQUIPMENT SAFETY, • PERSONAL SAFETY • MATERIAL SAFETY • PROCESS SAFETY • PERSONAL PROTECTIVE EQUIPMENT • EXCESSIVE WEIGHTS
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
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
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 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
SAFETY MANAGEMENTEXCESSIVE WEIGHTSNo adult, woman unaided by another person shall lift, carry ormove by hand or on head any material article, tool or applianceexceeding the maximum specified belowAdult male 50kgsAdult female 30kgsAdolescent male 30kgsAdolescent female 20kgsMale child 16kgsFemale child 14kgs
PERSONAL PROTECTIVE EQUIPMENT 1969, the Inspector can pass an order to• As per Rule 65D of KFR 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
WELFARE ISSUESMAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL BEING OF THEPERSONS. • Washing facilities • Facilities for sitting • First aid appliances • Crèche • Canteen • Rest room, shelters, lunch room • First aid trained personnel • Ambulance room
CANTEEN• 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.
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
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:
SHELTER, RESTROOM AND LUNCHROOM• 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• 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
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
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.
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
FIRST AID APPLIANCES• 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.
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
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.
STATUTORY APPOINTMENTS/RECOGNITION • SAFETY OFFICER • WELFARE OFFICER • MEDICAL OFFICER • COMPETENT & QUALIFIED SUPERVISORS • COMPETENT PERSON • ACCREDITION AGENCIES TO CONDUCT SAFETY AUDITS.
SAFETY OFFICER• IT IS A STATUTORY APPOINTMENT• WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED• STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL• QULIFICATIONS • DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACIATY FOR A PERIOD OF NOT LESS THAN TWO YEARS OR • DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR A PERIOD NOT LESS THAN FIVE YEARS OR • DEIPLOMA IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR APERIOD OF NOT LESS THAN FIVE
SAFETY OFFICER• POSSESS DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY THE STATE GOVERNMENT• HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY OF THE WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED• ANY PERSON • POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD EXPERIENCE OF NOT LESS THAN 5 YEARS IN THE DEPARTMENT OF THE CENTRAL OR STATE GOVERNMENT WHICH DEALS WITH ADMINISTRATION OF “ THE FACTORIES ACT, 1948 OR “THE INDIAN DOCK LABOURERS ACT, 1934 OR • POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD EXPERIENCE OF NOT LESS THAN 5 YEARS OF FULL TIME ON TRAINING, EDUCATION, CONSULTANCY, OR RESEARCH IN THE FIELD OF ACCIDENT PREVENTIONIN INDUSTRY OR IN ANY INSTITUTION SHALL ALSO ELIGIBLE FOR SAFETY OFFICER.
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 GOVERNMENT NOTIFICATION NO. SWL 52 LFB 82 DATED 27.6.1983
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.
THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE) RULES, 1963Salient features of the legislation • THESE RULES ARE PRESCRIBED UNDER SECTION 49 AND 50 OF THE FACTORIES ACT, 1948. IN FORCE FROM 1963 AND BEING AMENDED FROM TIME TO TIME. THERE ARE 9 RULES • 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.
MEDICAL OFFICER• IT IS A STATUTORY APPOINTMENT• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED• QULIFICATION AND CONDITIONS • PERSON HOLDING A QUALIFICATION GRANTED BY THE AUTHORITY SPECIFIED IN THE SCHEDULE TO THE INDIAN MEDICAL DEGREE ACT, 1916 • ONE QUALIFIED MEDICAL PRACTITIONER IN EACH SHIFT • EXEMPTION CAN BE OBTAINED IN EMPLOYING MEDICAL PRACTITIONER IN EACH SHIFT BY MAKING AN APPLICATION TO THE CHIEF INSPECTOR WITH THE PERMISSION OF THE GOVERNMENT.
QUALIFIED SUPERVISORS• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES• QUALIFICATIONS PRESCRIED IS • A DEGREE IN CHEMISTRY OR DIPLOMA IN CHEMICAL ENGINEERING OR TECHNOLOGY WITH 5 YEARS OF EXPERIENCE OR • A MASTER DEGREE IN CHEMISTRY OR A DEGREE IN CHEMICAL ENGINEERING OR TECHNOLOGY WITH 2 YEARS EXPERIENCE. • THE EXPERIENCE STIPULATED ABOVE SHALL BE IN PROCESS OPERATION AND MAINTENANCE IN THE CHEMICAL INDUSTRY.
COMPETENTPERSON INSTITUTIONS RECOGNISED BY THE DIRECTORATE• PERSON OR 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
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.
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
FORMATION AND PARTICIPATION IN COMMITTEES ♠ SAFETY COMMITTEE ♠ CANTEEN MANAGEMENT COMMITTEE ♠ WORKS COMMITTEE ♠ SEXURAL HARASSEMENT PREVENTION COMMITTEE
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 women
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.
PROVISIONS IN THE ACT, CORRESPONDINGTO STRENGTH OF THE WORKERS• 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• Safety officer - > 1000 workers• Occupational health centre – Industries involving in hazardous process
PROVISIONS IN THE ACT, CORRESPONDINGTO 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.
PROVISIONS IN THE ACT, CORRESPONDINGTO 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.
PROVISIONS IN THE ACT, CORRESPONDINGTO 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.
PROVISIONS IN THE ACT, CORRESPONDING TO WOMEN WORKERS
FACTORIES ACT – WOMEN WORKERS SALIENT FEATURES • 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.
FACTORIES ACT – WOMEN WORKERS • 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 to clean, lubricate any part of the equipment • Act bars employment of women workers in hazardous processes
FACTORIES ACT – CHILD LABOUR • Bars the employment of persons below the age of 14 • 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
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. 40Item no. 1 & 3 are prescribed under four important legislations
MAINTENANCE OF REGISTERS• THE REGISTERS SHALL BE WRITTEN AFRESH EACH MONTH.• THE REGISTERS SHALL BE PRESERVED FOR A PERIOD OF 3YERAS• NO EXEMPTION CAN BE OBTAINED IN MAINTAINING THE REGISTERS.
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
DISPLAY 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
RETURNS/NOTICES TO BESUBMITTED• Combined Annual return - Form no. 20 ( on or before 1st Feb)• Annual return under PWA – Form no. IV ( on or before 15 th 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
STATUTORY INFORMATIONS TO BESHARED1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT.2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED AND STORED.5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX PROCESSES6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES.7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION PROGRAMMES.8. CONTINUOUS TRAINING CURRICULUM
ACCIDENT, DANGEROUS OCCURRENCESAND DISEASES Fatal Accidents Non fatal • 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
ACCIDENT, DANGEROUS OCCURRENCESAND 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.
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. 17A WITH IN 12 HOURS FROM THE INCIDENT. These incidents also requires to be investigated to unearth the causes
INDUSTRIES INVOLVNG HAZARDOUSPROCESSES • 29 industries have been listed as industries involving hazardous processes have been listed at the THE FIRST SCHEDULE (See Section 2 (cb)
List of Industries involving Hazardous Processes 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 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 HAZARDOUSPROCESS SPECIFIC OBLIGATIONS UPON THE MANAGEMENT
PROVISIONS RELATING TO HAZARDOUSPROCESSES 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
HAZARDOUS PROCESSES ANDDANGEROUS OPERATIONS • 26 operations or processes have been identified as dangerous •COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND PUBLISHED
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
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
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 foundries
DANGEROUS MANUFACTURING PROCESSES Specific directions
DANGEROUS MANUFACTURING PROCESSES 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 clothings • Prescribes additional welfare facilities.
NOTICE OF POISONING OR DISEASEA 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 WHEN ? FORTHWITH!
LIST OF NOTIFIABLE DISEASES1 Lead poisoning2 Lead tetra ethyl poisoning3 Phosphorous poisoning4 Mercury poisoning5 Manganese poisoning6 Arsenic poisoning7 Poisoning by nitrous fumes8 Carbon disulfide poisoning9 Benzene poisoning10 Chrome ulceration11 Anthrax
LIST OF NOTIFIABLE DISEASES13 Poisoning by halogen or halogen derivatives14 Pathological manifestation due to • Radium or other radio active substances • X-rays15 Primary epitheliomatous cancer16 Toxic anemia17 Toxic jaundice due to poisonous substances18 Oil acne or dermatitis due to mineral oil19 Byssionosis20 Asbestosis21 Occupational or contact dermatitis due to chemical or paints
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.
3 SCHEDULES TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING 1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES; 2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES AT THE WORK ENVIRONMENT 3. LIST OF NOTIFIABLE DISEASES.
OBLIGATION OF WORKERS - Sec.111 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.
RIGHT OF WORKERS Every workers shall have the right to • Obtain from the occupier, information relating to workers health and safety at work • Get trained within the factory wherever possible, or to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved the Chief Inspector of Factories, where training is imparted on safety, health and welfare. • Represent to the Inspector directly or through his representative in the matter of inadequate provisions for protection of his health or safety in the factory.
GENERAL 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
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
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
PENALTY FOR ANY VIOLATIONS • 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.
VIEWS OF THE APEX COURT OF THE COUNTRY ABOUT THE LEGISLATION
FACTORIES ACT, 1948 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.
PROACTIVE APPROACH OF THE DEPARMENT ROACTIVE • 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,
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 year
• UNDERSTANDING OF THE LAW,• COMPLYING WITH LEGAL REQUIREMENTS, • REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE • POSITIVE ATTITUDE ARE THE NEED OF THE HOUR
DC JAGADEESH B.E (Mech)DEPUTY DIRECTOR OFFACTORIES98450 72113