Indian Factories Act in PSM

1. Indian Factories Act, 1948
Ensuring Worker Safety and Welfare
By: Sachin Masan, BAMS (IIIrd Year)

2. Introduction
The Indian Factories Act, 1948, is a crucial law for protecting workers' rights
and ensuring their well-being in factories.
- It has undergone several amendments, with the latest one in 1987.
- Act has 9 chapters

3. Chapter I: Preliminary: Scope and definition
Section 1:
The Act extends to the whole of India, except Jammu and Kashmir.

4. Section 2: Definitions
-Child: An individual who has not completed 15th year.
- Adolescent: An individual who has completed 15th year but not 18th year.
- Young person: An individual who is either a child or an adolescent.
- Adult: An individual who has completed 18th year.
- Power: Means energy transmitted mechanically and is not generated by human agency.
- Factory: An establishment employing 10 or more workers where power is used and 20 or
more persons where power is not used.
- Worker: A person employed, whether for wages or not, in any manufacturing process.

5. Chapter II: The Inspecting Staff
Section 8: Inspectors
- State Government appoints:
- Chief Inspectors
- Additional Inspectors
- DM is automatically an Inspector for their district.

6. Section 9: Powers of Inspectors
- Inspectors can:
- Enter any factory in their area.
- Examine premises, machinery, and records as needed.
Section 10: Certifying Surgeons
- State Government appoints qualified doctors as certifying surgeons.
- Certify the fitness of workers, especially young ones.
In short, Chapter II deals with Inspectors who ensure factories follow the rules. They have the power to enter and inspect factories.
Certifying Surgeons check if workers are healthy.

7. Chapter III: Health
Section 11: Cleanliness: Factories must be kept clean to ensure workers' health.
Section 12: Disposal of Refuse: Proper waste disposal to prevent health hazards.
Section 13: Ventilation and Temperature: Maintain good air quality and comfortable temperatures.
Section 14: Dust and Fumes: Control dust and harmful fumes to protect workers' lungs.
Section 15: Artificial Humidification: Safely add moisture to the air when needed.
Section 16: Over-crowding: Ensure workers have enough space to work comfortably.
Section 17: Lighting: Provide proper lighting for safety and visibility.
Section 18: Drinking Water: Supply clean drinking water to keep workers hydrated.
Section 19: Latrines and Urinals: Maintain clean and accessible toilets.
Section 20: Spittoons: Use containers for spitting to keep the factory clean and hygienic.

8. Chapter IV: Safety
This chapter is all about keeping workers safe from accidents and injuries in factories.
Precautions Include:
1. Machinery Safety: Machines must have protective casings (fencing) to prevent accidents.
2. Power Cutoff Devices: Devices should be in place to quickly turn off power in emergencies.
3. Hoists, Lifts, and Cranes: Ensuring these devices are safe for use.
4. Eye Protection: Workers need safeguards for their eyes.
5. Protection from Dangerous Substances: Measures to prevent harm from dangerous fumes and materials.
6. Non-Employment on Dangerous Machines: Workers should not work on machines that are extremely dangerous.
7. No Heavy Lifting: Workers should not be required to lift loads that could cause injury.
8. Safety Officer: Appoint a "Safety Officer" in factories with 1000 or more workers to oversee safety measures.
In short, Chapter IV is all about taking precautions to prevent accidents and injuries in factories, covering machinery safety, protection from dangerous
substances, and the appointment of Safety Officers for large factories.

9. Chapter V: Welfare measures
This chapter ensures the well-being of factory workers through:
- Facilities for clothes (washing, drying, storing).
- Rest and recreation areas.
- Canteen for 250+ workers.
- Crèches for children if many women work.
- First aid supplies (1 box per 150 workers).
- Welfare Officer for factories with over 500 workers.
It's all about improving workers' lives at the workplace.

10. Chapter VI: Working hours
- Workers can work up to 48 hours a week, including overtime, max 60 hours
- They get one day off per week, usually on Sunday.
- In one day, work should not exceed 9 hours, with a 30-minute break after 5
continuous hours.
- Women can't work between 7 pm and 6 am for safety.

11. Chapter VIII: Employment of young persons
- No child below 14 years can work in any factory.
- Adolescents, aged 15 to 18, need a fitness certificate from a 'Certifying Surgeon' to work.
- The certificate is valid for 12 months and must be renewed.
- Adolescent employees can only work between 6 am and 7 pm.
In essence, this chapter protects the rights and well-being of young workers in factories.

12. Chapter VIII: Annual leave with wages
Act lays down that besides weekly holidays and general holidays, every
worker is entitled to leave with wages, after 12 months of continuous service at
the rate of 1 day for every 20 days of work and the leave can be accumulated
up to 30 days.

13. Chapter IX: Special provisions
Section 88:
- Manager reports serious accidents (including deaths) to District Magistrate and Police.
- Inquiry done for fatal accidents.
Section 89:
- Manager reports specific diseases to Chief Factory Inspector and Certifying Surgeon.
- 1976 amendment added more diseases like byssinosis, asbestosis, occupational dermatitis, and noise-
induced hearing loss to the list.
In summary, this chapter focuses on reporting accidents and specific diseases to authorities for safety and health
reasons.

14. Thank you