Factories Act 1948 and GFR

GNFC
BHARUCH
One day Training on
“HSE LEGISLATIONS”
2/26/2018
DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE
POLYFIL (CENTURY ENKA LTD.), E-Mail ID :
pannalal.soni@birlacentury.com

LAWS TO BE DISCUSSED
1. Factory Act, 1948.
2. Gujarat Factory Rules, 1963.
3. Indian Explosive Act, 1884.
4. Gas Cylinder Rules, 1981.
5. Static & Mobile pressure
Vessels (unfired) Rules, 1981.
6. Petroleum Act, 1934.
7. Petroleum Rules, 1976.
8. Manufacture, storage and
important of hazardous
chemicals (MSICH) rules, 1989.
2/26/2018
DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE POLYFIL (CENTURY
ENKA LTD.), E-Mail ID : pannalal.soni@birlacentury.com
9. Chemical Accidents (Emergency
planning, preparedness &
response) Rules, 1961.
10. The Environment (Protection)
Act, 1986.
11. The Public Liability Insurance
Act,1991.
12. The Public Liability Insurance
Rules, 1991.
13. Indian Boiler Act, 1923.
14. Indian Electricity Rules, 1986

2/26/2018

Why Safety Legislation?????
• Enforce employers to perform its process or manage its workplace in
such a way that is safe for workers (No accidents, No injuries, No
occupational diseases and No environmental Damage)
• Outlines consequences for breaches of enforcing standards.
• It details responsibilities of employers, supervisors, and employees.
2/26/2018

Why Safety Legislation?????
• Generally, the legislation requires that the employer do everything
they can reasonably do to protect the health and safety of their
employees in the workplace. This includes, but is not limited to:
- providing appropriate training for handling potentially dangerous
equipment and/or material,
- informing employees of potential dangers in the workplace, and
- setting up safe work practices.
Under the legislation, employees have the right to refuse to perform
work that is unsafe.
2/26/2018

CONSTITUTIONAL PROVISIONS:
Article 21 guarantees all the persons a fundamental right to life and personal liberty. This
included a life of dignity, to be lived in a proper environment, free of danger and
diseases.
Article 48 (A) 42nd Amendment–1976 added a new directive principle. States shall
Endeavour to protect and improve the environment and safeguard the forests and wild
life of the country
INDIAN PENAL CODE & CRIMINAL PROCEDURE CODE
Indian Penal Code, 1860 makes various acts affecting environment as offences (Chapter
XIV, section 268 and 294 A)
Public health, safety, convenience, decency and morals.
IPC also cover the negligent handling of poisonous substances, combustive and explosive
materials
Criminal Procedure Code, 1973 (Cr. P.C) can also be invoked to prevent pollution
•Chapter X, Part B sections 133 to 143 provide most effective and speedy
remedy

PRE BHOPAL PHASE:
Explosives Act, 1884
The Petroleum Act, 1934
Factories Act, 1948 and Rules made there under
The Insecticide Act, 1968
Static & Mobile Pressure Vessels Rules, 1981

POST BHOPAL PHASE:
Environment (Protection) Act, 1986
Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (amended in
1994, 2000)
Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
Rules Pertaining to Management of several type of Hazardous Waste
Motor Vehicles Act, 1988& Rule 1989
Public Liability Insurance Act, 1991 & Rule 1992
Environmental Appellate Authority Act 1997
Amendments to pre-Bhopal legislations including Factories Act and Motor Vehicles Act
(and the rules framed their under)

ENFORCING AUTHORITIES
DISH
PCB
CCE/PESO (Petroleum & Explosive Safety Organization)
DGFASLI (Directorate General Factory Advice Service & Labour
Institute)
AERB (Atomic Energy Regulatory Board)
DISTRICT COLLECTORATE

Compliance
2/26/2018

Factory Act 1948 (1987) - A Consolidated Labour Law
• Role & Responsibilities of Occupier are well defined
• Role and Responsibilities of Authorities are well defined
• Role and Rights of workers are well defined
• Safety, welfare and condition of wages & leaves are well defined
• Penal Provisions are clear
• GFR : Form 23 to be displayed at entrance in Local Language and For 24 –
Consolidated Annual Report
2/26/2018

THE FACTORIES ACT,
1948
(63 of 1948)
[23rd September 1948]
2/26/2018

Objectives
2/26/2018
DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE POLYFIL
(CENTURY ENKA LTD.), E-Mail ID : pannalal.soni@birlacentury.com
REGULATIING
LABOUR
IN FACTORIES

Section – 01
Short title, extent and commencement
• Came into force on the 1st day of
April 1949.
• Called the Factories Act, 1948
• It extends to the whole of India
2/26/2018
Chapter-I

Section – 02
Interpretation
and Definitions
2/26/2018DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE POLYFIL (CENTURY ENKA LTD.), E-Mail ID : pannalal.soni@birlacentury.com

Section 03 to 07
Section-3. References to time of day.
Section-4. Power to declare different departments to be separate factories or two
or more factories to be a single factory.
Section-5. Power to exempt during public emergency.
Section-6. Approval, licensing and registration of factories.
Section-7. Notice by occupier.
2/26/2018

CHAPTER II
THE INSPECTING STAFF
Section-7A: General duties of the occupier.
Section-7B: General duties of manufacturers
Section-8: Inspectors.
Section-9: Powers of Inspectors.
Section-10: Certifying surgeons.
2/26/2018
DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE POLYFIL

CHAPTER III
HEALTH
Section-11 : Cleanliness.
Section-12 : Disposal of wastes and effluents.
Section-13 : Ventilation and temperature.
Section-14 : Dust and fume.
Section-15 : Artificial humidification.
Section-16 : Overcrowding.
Section-17 : Lighting.
Section-18 : Drinking water.
Section-19 : Latrines and urinals.
Section-20 : Spittoons.

CHAPTER IV
SAFETY
Section-21. Fencing of machinery.
Section-22. Work on or near machinery in motion.
Section-23. Employment of young persons on dangerous machines.
Section-24. Striking gear and devices for cutting off power.
Section-25. Self-acting machines.
Section-26. Casing of new machinery.
Section-27. Prohibition of employment of women and children near cotton-openers.
Section-28. Hoists and lifts.

CHAPTER IV
SAFETY
Section-29. Lifting machines, chains, ropes and lifting tackles.
Section-30. Revolving machinery.
Section-31. Pressure plant.
Section-32. Floors, stairs and means of access.
Section-33. Pits, sumps openings in floors, etc.
Section-34. Excessive weights.
Section-35. Protection of eyes.
Section-36. Precautions against dangerous fumes, gases, etc.
Section-36A. Precautions regarding the use of portable electric light.
Section-37. Explosive or inflammable dust, gas, etc.
2/26/2018 DELIVERED BY : PANNALAL SONI (DGM - HSE&F), RAJASHREE POLYFIL

CHAPTER IV
SAFETY
Section-38
Precautions in case of
fire.
Section-39
Power to require
specifications of
defective parts or tests of
stability.
Section-40
Safety of buildings and
machinery.
Section-40A
Maintenance of
buildings.
Section-40B
Safety officers.
Section-41
Power to make rules to
supplement this Chapter.

CHAPTER IVA
PROVISIONS
RELATING TO
HAZARDOUS
PROCESSES
Section-41A. Constitution of Site Appraisal Committee.
Section-41B. Compulsory disclosure of information by the occupier.
Section-41C. Specific responsibility of the occupier
Section-41D. Power of Central Govt to appoint Inquiry Committee.
Section-41E. Emergency standards.
Section-41F. Permissible limits of exposure of chemical
Section-41G. Workers’ participation in safety management.
Section-41H. Right of workers to warn about imminent danger.

CHAPTER V
WELFARE
Section-42 : Washing facilities. Section-
Section-43 : Facilities for storing and drying clothing.
Section-44 : Facilities for sitting.
Section-45 : First-aid appliances.
Section-46 : Canteens.
Section-47 : Shelters, rest rooms and lunch rooms.
Section-48 : Creches.
Section-49 : Welfare officers.
Section-50 : Power to make rules to supplement this Chapter.
2/26/2018

OTHER CHAPTERS
• CHAPTER VI : WORKING HOURS OF ADULTS
• CHAPTER VII : EMPLOYMENT OF YOUNG PERSONS
• CHAPTER VIII : ANNUAL LEAVE WITH WAGES
• CHAPTER IX : SPECIAL PROVISIONS
• CHAPTER X : PENALTIES AND PROCEDURE
• CHAPTER XI : SUPPLEMENTAL
2/26/2018
THE FIRST SCHEDULE – LIST OF HAZARDOUS PROCESS
THE SECOND SCHEDULE – THRESHOLD LIMIT OF EXPOSURE
THE THIRD SCHEDULE – NOTIFIABLE DISEASES

Factories Act 1948 and GFR

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