It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices
Factories act
1. THE FACTORIES ACT 1948THE FACTORIES ACT 1948
&&
The Kerala Factories Rules 1957The Kerala Factories Rules 1957
2. ACT & RULES
• Factories act, 1948
• Kerala Factories Rules 1957
• Kerala Factories (MAHcontrol)Rules 2005
• Kerala Factories(Welfare officers) Rules
• The Dangerous Machine Regulation Act 1983
• Kerala dangerous Machine Rules 2001
• Indian Boiler act and IBR
• Environment protection act 1986
• Chemical Accident(EPP&R) Rules
• MSIHC rules
• BOCW act & BOCW Kerala Rules
3. INDIAN FACTORIES ACT 1881INDIAN FACTORIES ACT 1881
THE FACTORIES ACT 1948THE FACTORIES ACT 1948
ACT NO 63 OF 1948ACT NO 63 OF 1948
AN ACT TO CONSOLIDATE & AMENDAN ACT TO CONSOLIDATE & AMEND
THE LAW REGULATING LABOUR INTHE LAW REGULATING LABOUR IN
FACTORIESFACTORIES
IT EXTENDS THE WHOLE OF INDIAIT EXTENDS THE WHOLE OF INDIA
It is incorporated in the ConcurrentIt is incorporated in the Concurrent
list of 7list of 7thth
schedule ofschedule of
CONSTITUTION OF INDIACONSTITUTION OF INDIA
4. OBJECT OF FACTORIES ACT
To Promote
Safety
Health
Welfare
Of the workers employed in the factories
& SAFETY of the public also
5. DEFINITIONS
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 cleaning any
part of the machinery or premise used for
a manufacturing process, or in any other
kind of work incidental to or connected
with the manufacturing process, or the
subject of the manufacturing process, but
does not include any member of the
armed forces.
7. Factory
a. Means any premises including the
precincts there of where in 10 or more
workers are working or were working in
any part of which a manufacturing
process is being carried on with the aid
of power.
b. Where in 20 more workers are
working or were working in any part of
which a manufacturing process is
carried on without the aid of power.
8. Manufacturing Process
a. Making, Altering, repairing, ornamenting
finishing, packing, oiling, washing, cleaning
breaking up, demolishing, or otherwise
treating or adapting any article or substance
with a view to its use, sale, transport, delivery
or disposal.
b. Pumping of liquids
c. Generating, transforming or transmitting
power
d. Printing by any means
9. e. Constructing, reconstructing, repairing,
fitting, finishing or breaking up of ships
or vessels.
f. Preserving or storing any articles in cold
storage
Hazardous process
means any process or activity in relation
to any industry in 1st
schedule
10. definitions
• Occupier means a person having ultimate
control over the affairs of the factory.
• Power of govt to amalgamate two factories
and bifurcate two factories
• Power of govt to exempt from emergency
• Section 7A & 7B
11. Powers of Inspector
• Enter with such assistantance
• Make examination of plant, premises,m/c
• Inquire in to any accident take statements
of any person
• Seize or take copies of any register,
record
• Take measurements and photographs
12. • FACTORY RULES
• Kerala Factory Rules are made to
support the act and mention the details
by notification in the official gazette
under the powers mentioned in the act.
13. HEALTH
S-11 Cleanliness
Every factory shall be kept clean.
a. Floor should be washed weakly if
necessary.
b. Effective drainage if the floor
becomes wet during manufacturing
process.
14. c. Inside walls and partitions, all
sealing, all walls, side and top shall be
painted, white washed.
1. Painted once in every
period of 5 years.
2. Once in three years is water
paint used and washed at
least once in every period of
six months.
3. White washed or Colour
washed once in fourteen
15. S-12 Disposal Of Waste And Effluents
Effective arrangements shall be made to remove
waste and effluents.
S-13 Ventilation And Temperature
Provision shall be made in every factory for
a. Adequate ventilation by circulation of fresh
air
b. Maintain temperature for reasonable
conditions of comfort and prevent injury to health.
c. If excessive high temperature is produced
during process adequate and practical measures
shall be taken to protect the workers.
16. S-14 Dust and Fumes
Effective arrangements shall be
made to control the dust and
fumes in the point of origin.
S-15 Artificial Humidification
Standard has to be prescribed by
the state government
DBT &WBT—humidification chart
17. S-16 Over Crowding
No factories shall over crowded to
an extend injurious to health.
Minimum working space is 3.5
square meter per worker.
S-17 Lighting
Sufficient light to be provided inside
the factory where workers are
working and shall be free from glare.
18. S-18 Drinking Water
Arrangement shall be made at suitable and
convenient place.
a. It should be marked drinking water
b. It should be 20 feet away from urinals,
latrine and washing place.
c. Provision for cooling drinking water
during hot weather if 250 or more
workers are employed.
d. It should be from public water supply
system otherwise approved by health
department.
19. S-19 Provision for Latrine and Urinals
a. Sufficient latrine and urinal
accommodation.
b. Separate enclosed accommodation for
male and female.
c. Sufficient lighting shall be provided.
d. Maintain clean and Hygienic
e. One number for 25 workers up to 100
and one for 50 for above 100
f.One urinal for 50 male workers up to
500 and one for every 100 there after
20. SAFETY
S-21 Fencing Of Machinery
a. Every moving part
b. Head race and tale race of water
turbines
c. Any part of stock bar which project
beyond the headstock of lathe.
d. Every part of electric generator,
motor or rotary converter
e. Every part of transmission
machinery
21. f. Every dangerous part of any
other machinery
Shall securely fenced of
substantial construction which
shall be constantly maintained
and kept in position while the parts
of the machinery are in motion or
in use.
Grinding wheels—gear wheels, belt
and pulleys
31. S-22 Work On Or Near Machinery In
Motion
In any factory it becomes necessary to
examine any part of machinery while
the machinery is in motion, it shall be
carried out only by a trained worker.
No women or young person shall be
allowed to do the above work.
32. S-23 Employment Of Young Persons
On Dangerous Machine
No young person can be required
or allowed to work at any
machine until and unless he has
got sufficient training and fully
instructed about the danger.
33. a. Power press other than hydraulic press
b. Milling machine
c. Guillotine machine
d. Circular saw
e. Platen printing machine
Sec-24:Striking gear to move
driving belts to and from fast and
loose pulleys—creeping and
devices for cutting of power in
emergency
37. S-25 Self Acting Machine
A minimum distance of 45 Cm has to be
provided with the fixed structure and
traversing part of the machinery.
S-26 Casing Of New Machinery
Who ever sells or lets on hire or as agent
of a seller or hirer are liable for
punishment for not providing effective
guard.---back gears, change wheels,
gear wheels, all cog and bevel drives of
oil expeller.
39. S-27 Prohibition Of Employment Of
Women And Children
No women or children shall be
employed in any part of a factory
for pressing cotton in which a
cotton opener is at work.
40. S-28 Hoist And Lifts
a. In every factory hoist and lift shall be
of sound construction, sound material and
adequate strength.
b. Properly maintained and examined by
competent person once in every six
months.
c. Sufficiently protected by an enclosure
and gates with an inter locking
arrangement.
d. Maximum working load shall be
marked.
41. e. There shall at least two ropes or chain
separately connected with the cage
and balancing weight. Each rope or
chain shall capable of carrying the
whole weight.
f. An efficient device shall be provided
and maintained capable of supporting the
cage together with the maximum load in
the event of breakage of rope or chain.
g. Efficient automatic device to be
provided to prevent over running.
42. S-29 Lifting Machines, Chains, Ropes
And Lifting Tackles
a. Good construction, sound
materials, adequate strength and free
from defects.
b. Properly maintained.
c. Thoroughly examined by a
competent person once in 12
months.
d. No to load beyond the safe working
load, which may be marked.
53. Lifting difficult loadsLifting difficult loads
• Only
carry out
the lift if
YOU are
satisfied
that the
lift can
take
place
SAFELY
54.
55. S-30 Revolving Machinery
Maximum safe working speed has to be
exhibited
S-31 Pressure Plant—safety devices
a. Effective measures to ensure safe
working pressure.
b. To be tested once in 12 months
internally and once in 6 months
externally by a competent person.
c. Hydraulically tested -2years or N.D.T test
as and when required.
58. S-32 Floors, Stairs And Means Of Access
It shall be free from obstruction
S-33 Pits, Sumps, Openings In
Floors etc.
It shall be securely covered or
securely fenced.
59. S-34 Excessive Weights
Adult male – 55 Kg
Adult female – 30 Kg
Adolescent male – 30 Kg
Adolescent female - 20 Kg
S-35 Protection Of Eyes
Eye shall be protected if risk of
injury of eyes is there. –goggles,
screens etc
60. S-36 Precautions Against Dangerous
Fumes, Gases, Etc.
a. Enter only with the written permission by
a competent person, test carried out by him.
b. Wearing suitable breathing apparatus
and a belt securely attached to a rope the free
end of which is held by a person out side.
Man hole min dimension—16” X12” or 16”dia
S-36 A Portable Electric Light
Not to exceed 24 volt. It shall be
flame proof if inflammable gas and
fumes are present.
61. Sec-37: Explosive or inflammable
dust likely to explode on ignition
A. Effective enclosure of the plant and
machinery
B. Removal or prevention of accumulation of
dust, gas, fume or vapour
C. Exclusion of effective enclosure of all
possible sources of ignition
D. Prohibition of welding,cutting, brazing,
soldering in any plant, tank or vessel
containing explosive or flammable
substance
62. S-38 Precautions in case of fire
A Safe means of escape may be provided
a. Equipments and facilities for
extinguishing fire may be provided
b. Ensure the workers are familiar with
means of escape
Classes of fire
S-40-B Safety Officer
a) Safety officer to be appointed if 1000 or
more workers are employed
b) All M.A.H. Factories notified by govt
63. HAZARDOUS PROCESS
S-41A-Constitution of site appraisal
committee
S-41-B Compulsory disclosure of
information by the occupier
a. Occupier shall disclose information regarding
danger including health, hazard and the measures
to overcome such hazard.
i. Chief Inspector.
ii. Local authority.
iii. General public in the
vicinity.
64. b. Prepare an on site emergency
plan and make known to
i. Workers.
ii. General public in the
vicinity.
iii. Chief Inspector.
65. S-41-C Specific Responsibility Of
Occupier In Relation to Hazardous
Process
a) Maintain accurate & up to date Health
records.
b) Appoint persons who process qualification
and experience in handling / exposed to
hazardous substances for supervision
c) Provide medical examination.
1) Pre employment.
2) Twelve months interval.
d) Provide O.H.C.
66. S-41-F Permissible limits of exposure of
chemicals & toxic substances.
The maximum permissible threshold
limits of exposure of chemicals & toxic
substances are notified in second schedule.
Chlorine ----1 ppm---3mg/m3
---benzene 3
ppm---9 mg/m3
S-41-G Workers Participation In
Safety Management
Safety committee has to constitute with
equal participation of workers & management.
67. S-41-H Right of workers to warn about
imminent danger
a) Reasonable apprehension of the
worker that there is likelihood of
imminent danger to the lives or health
due to any accident, they may bring to
the notice of the occupier directly or
through their representative in the
safety committee
68. b) It is the duty and responsibility of
the occupier to take immediate
remedial action if he is satisfied and
report to inspector
c) If occupier is not satisfied about
the existence of danger the matter
may be referred to the Inspector.
69. WELFARE
S-42 Washing Facility
Adequate and suitable facility for washing to
be provided.
S-43 Facility For Storing And Drying
Clothes
Suitable place for keeping clothes not worn
during work.
S-44 Facility For Sitting
Suitable arrangement for sitting shall be
provided.
70. S-45 First Aid Appliances
a. Provide and maintain first aid
box readily accessible during all
working hours equipped with
prescribed contents.
b. Kept in the charge of a person
who hold certificate in first aid.
71. S-46 Canteen
Canteen shall be provided if more than
250 workers are ordinarily employed for the
use of the workers on no loss no profit base.
a. Canteen committee with equal number of
person from workers and management.
b. One for 1000 workers, minimum 2
persons, maximum 5.
c. Chairman nominated from the managing
committee by occupier
d. Price of food to be approved by
managing committee
e. Annual medical examination of canteen
staffs
72. S-47 Shelter, Rest Room and Lunch
Room
Rest room shall be provided if 150 or
more workers are employed.
S-48 Crèche
Crèche may be provided if 30 or more
female workers are employed.
S-49 Welfare Officer
Welfare officer may be appointed if 500
or more workers are employed
73. WORKING HOURS
S-51 Weekly Hours
Not required or allowed to work for
more than 48 hours.
S-52—weekily holiday
First day of the week.
Can be changed after giving
notice to the inspector
S-53-compensatory holiday
75. S-56 Spread Over
The period of work in a day
including interval is 10 hours.
S-58-prohibition of overlapping
of shifts
S-59 Extra Wages for Overtime
Double the wages as to be
paid for overtime worked.
77. WAGES
S-79 to S- 84
Leave with wage as to be
paid to all the workers who has
240 days attendance in the
previous year.
78. For calculating 240 days, leave taken,
maternity leave and lay off will be
counted.
Annual leave with wages 1 for every 20
days of work performed.
79. S-84-power to exempt
factories
S-85—power to apply act to
certain premises
S-87 Dangerous Operation
27 processes are dangerous
operation in Part A.
4 processes are dangerous
operation in Part B.
82. S-111 Obligations of Workers
(1) No Worker in a factory.
a. Shall willfully interface with or
misuse any appliance, convenience or
other thing provided for the purpose of
securing the health, safety or welfare of
the workers therein;
83. b. Shall willfully and without reasonable
cause do anything likely to endanger
himself or others; and
c. Shall willfully neglect to make use of
any appliance or other thing provided in
the factory for the purposes of securing
the health of safety of the workers
therein.
84. (2) If any worker employed in a factory
contravenes any of the provisions of this
section or of any rule or order made
there under, he shall be punishable with
imprisonment for a term which may
extend to three months, or with fine
which may extend to one hundred
rupees, or with both.
85. S-111 A. Right of Workers, etc.
Every worker shall have the right
to –
i. Obtain from the occupier,
information relating to workers’
health and safety at work,
86. ii. Get trained within the factory
wherever possible or, to get himself
sponsored by the occupier for getting
trained at a training center or institute,
duly approved by the Chief Inspector,
where training imparted for workers’
health and safety at work.
iii. Represent to the Inspector directly or
through his representative in the matter of
inadequate provision for protection of his
health or safety in the factory.
87. Appeal provisions under section 107 A
(Orders) of the FACTORIES ACT, 1948
• Section 15(3)---purification of water used for increasing
humidity
• Section 38(1)—practical measures to prevent the
outbreak of fire
• Section 39---power of the inspector to require
specifications of defective parts or test of stability
• Prohibition orders
• Section 40(2)----Power to prohibit the building and
machinery
• Section 87 A(2)—power to prohibit employment on
account of serious hazard
• suspends dangerous manufacturing processes
88. Cancellation of licence
• Section 41 B(5) and Section 41 B(6)----
failure to provide disclosure of details of
hazardous process with in 30 days before
the commencement to the chief inspector
as per section 41B(5)----licence liable for
cancellation
• Subject to conditions i n
• Rule 8I AC, Rule 8I AD, Rule 8I
AF
90. Training Provisions
• Section 45(3)---First Aid Training certificate.
• Rule 79(I3)- Training in handling fire fighting
equipments.
• Rule 8I AN--Hazardous process supervisor
training
• Rule 8I AJ---F.M.O training in industrial Health
• Rule 4 of the KF (MAH) Rule 2005----provide
persons working in the site with information,
training including antidotes necessary to ensure
their safety and health.
