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1
Introducing
2
WHY THE LEGISLATION
 The individual workers were economically weak and they were not able to bargain
with their employers for the protection of their rights and even for subsistence
wedges.
 The social and economical upliftment of the labour is important for securing
industrial peace which is most essential to increase the normal productivity.
 In turn it helps to improve the conditions of labour and ultimately the prosperity of
the country.
 To protect labour against long hours of work, unhygienic conditions of work, low
wedges and their exploitation.
 To take care of the workers exposed to certain risks in factories, mines & other
establishments and make provision for their health, safety & welfare.
 To increase the bargaining power of labour & to encourage the formation of trade
unions.
 In order to avoid industrial disputes which leads to strike and lock-outs.
 To restrict children & women to work at odd hours, in hazardous process, on
dangerous operations.
 To provide compensation to the workmen who dies or gets injured during and in the
course of employment.
 To promote and advance the interest of the working people in turn to help the
development of the national economy on a sound & self-reliant basis.
3
BASIC CONCEPT & POLICY
First, the relationship between workers and employers is one of the partnership
in the maintenance of production and building up of national economy.
Secondly, the community as a whole as well as individual employers are under an
obligation to protect the well-being of workers and to secure to them their due
shares in the gains of economic development.
Thus the basic objective came out as its twofold policy:-
(1) to improve the service conditions of industrial labour so as to
provide for them the ordinary amenities of life, and by that process,
(2) to bring about industrial peace which could in its turn accelerate
productive activity of the country resulting in its prosperity.
4
PRINCIPLES
The labour legislation is based on certain fundamental principles :-
(1) Social justice.
Equitable distribution of profits & benefits.
Protecting the workers against harmful effects to their health, safety and morality.
Fixing hours of work,, overtime, leave privileges and welfare facilities.
(2) Social equity.
Provision of power of changing the law by the Govt. for certain specified matters.
Flexibility to modify or amend the rules by the Govt. to suit the changed situation.
(3) International uniformity. (Based on ILO Policy)
Labour is not commodity.
Freedom of expression and of association for continued progress.
Poverty anywhere constitutes a danger to prosperity everywhere.
(4) National economy.
The state of national economy is an important factor in influencing the legislation in
the country.
5
HISTORY
 Large scale industries were established in India after 1850.
 The first textile mill in Bombay came up in 1851.
 Calcutta saw the country’s first Jute Mill in 1854.
 The conditions of work were very poor & perhaps difficult to be imagined by today's
generation.
 In 1858, a distinguished parsi scholar and social reformer being the workers leader Shri
Sorabjee Shapurjee Bengali led a movement for legislative measures in this direction. He
started the first agitation to draw the attention of the Govt. to deplorable conditions of
woman & child labour in Indian industries in 1875.
 In 1877, there was “Labour unrest” in the Nagpur Empress Mills, for this cause - may be
the first one at that time in India.
 Strangely, the movement got support from Britain’s Cotton Industry, who advocated
legislation in India to improve working conditions – more as part of business competition
with the Indian Cotton Textile Industries which had the advantage of cheap labour.
 In 1879, a bill was referred to the Indian Legislature & however the first Factories Act came
into force in 1881, but it proved very inadequate for the employees, being inadequate to
check any abuses & having no provisions to regulate even the working of child & women
workers.
 It was nevertheless only the first recognition of the principle that human rights should be
extended to work situation, which led the agitation of workers to be continued and the
social pressure resulted in the appointment of a “Factories Commission”
6
Contd.
 Ever first labour leader in India N.M.Lokhande organised a labour conference in
1884 & sent a memorandum to the Factories Commission demanding:-
1-Weekly rest.
2-Half an hour’s recess, once, in between work.
3-Reduction in number of working hours to 12.hrs.
(They worked much more !)
4-Payment of wages in time.
 The Govt. did not take any action on these demands, but the agitation continued. In
1890, the Bombay Mill owner’s association ( on their own ) accepted some of the
demands & in 1890 “Bombay Mill Hands Association” was formed & the first labour
journal “Deshbandhu” was also published and yet another Factories Commission was
appointed to give some opportunity for workers representatives. On the basis of the
recommendations of this Factories Commission the Factories Act 1891 was enacted
and a big advancement in the Factories Act of 1881 came in force with effect from
1892 only with the following major amendments:-
1-Number of persons to constitute a factory was reduced from 100 to 50.As well
as it gave powers to local Govt. to include all factories employing 20 or more
persons.
2-Compulsary stoppage of work for the full half an hour in the middle of the
day.
3-Weekly holidays.
7
Contd.
4-Limited hours of work for women of 11 hrs. with one & half hrs. rest if
employed for full 11 hrs.
5-Prohibitted employment of women during night.
6-Limited hours of work for child i.e. 07:00 hrs. to day light.
7-Prohibition of employment of children on dangerous work.
8-Ellaborated provisions of inspection and penalties.
 After the strike of six days organized by workers when Lokmanya Balgangadhar
Tilak was sentenced to imprisonment, many political leaders also supported the
demands by workers as a part of the fight against the British Rule and the Factories
Act was again revised in 1911, which came in force effective with 19th
, July
1912.with the following major amendments :-
1-Restricting maximum working hours of adults to 12 hrs. and that of child to 6
hrs. a day.
2-Employment of child & women were prohibited near cotton openers.
3-Rule making powers of Local Govt. was greatly increased.
4-Certification of child was made on more sound basis.
5-Over time rate of 1.25 times was specified.
6-Induction of 60 hrs. of work per week as maximum.
7-Prohibition of night work of not only women but for persons under 14 Yrs. of
age & employment of child below age of 12 Yrs. in the factories using power.
8
Contd.
 After eleven years, the amendment of 1922 in the Factories Act brought the following
improvements in the Act :
1-Employment limit was reduced from 50 to 20.
2-Local Govt. empowered to declare premises employing 10 or more as factory.
3-Employment of child below the age of 12 was prohibited.
4-Working hours of child between 12 to 15 years not to exceed 6 hrs. a day.
5-Women & child employment was restricted between 5:30 PM to 7:00 AM.
6-No person was permitted to be employed for more than 11 hrs. on any day
and 60 hrs. in a week.
7-Provisions regarding cleanliness, over crowding, ventilation, lighting, toilet,
bathroom, supply of drinking water, emergency escape exits in case of fire,
prohibition of necked flame in the vicinity of inflammable material, dangerous
operation / machine, flame proof electrical fittings at hazardous place /
atmosphere were introduced.
8-Occupair & Manager both will be held liable for penalties and the fine
increased to Rs 500/- from Rs 200/-.
 After the minor amendments of the Factories Act in 1923 and in 1926 the major
amendment came in force with the Factories Act of 1934 amendments with the
changes as highlighted below :
1-Provintial Govt. empowered to decide any premises as factory where in 10 or
more workers are employed irrespective of whether they use power or not.
2-A person who has completed 12 Yrs. but not 15 yrs. of age will be treated as
child.
9
Contd.
3-A person completing 15 Yrs. but not completing 17 Yrs. of age will be treated
as adolescence and if certified fit can work full time during the day.
4-Working hrs. for adults 10 hrs. per day and 54 hrs. per week with interval of ½
hrs. for five hrs. of continuous working or 1 hr. rest for continuous 6 hrs. of
work.
5-Women employment restricted between 7:00 PM to 6:00 AM.
6-Factories having 50 or more women workers to have crèche for children below
six Yrs. of age.
7-Over time rate as per this Act became 1.5 times.
 Amendment of the Factories Act 1945 brought the following two amendments in
force.
1-Annual leaves of 10 days for adult workers and of 14 days for child worker on
completion of 12 months continuous service.
2-Over time rate became double i.e. 2 times from 1.5 times.
 Next amendment of the Factories Act 1948 was brought in force to make the
Factories Act in line with industrially advanced countries and it became the Law from
1st
, April 1949 by coming in line with the British Factories Act having the following
major amendments in the Act :
1-Age of employment for child was increased from 12 Yrs. to 14 Yrs.
2-Working hrs. for child was reduced to 4½ hrs.
3-Quantum of annual leaves was increased by 30 days earned leave in a year
with the grant of 10 days holidays during the year and 48 hrs. per week limit
of working, continued with some minor amendments of the Factories Act 1954.
10
Contd.
 After almost three decades the following significant changes in some of the existing
Sections from chapter I, III, IV, VI and X of the Factories Act 1948, were
incorporated with its amendment in the year 1976 to make the act more effective.
Under chapter I.
Section 2 (l).-Definition of worker re-casted to include workers employed through
or by contractors with or without knowledge of principal employer.
Section 5.- Power to exempt during public emergency.
Under chapter III.
Section 12.- Disposal of water and effluents.
Under chapter IV.
Section 21. & 22.- Fencing of machine in motion, it was amended and made
more stringent.
Section 23. & 24.- Employment of young persons on dangerous machines and
locking of striking gears, mechanical hazards & other
devices or power cutting of such devices.
Section 32 (c).- Working at height exceeding two meters prohibited unless
adequate safety measures are taken.
11
Contd.
Section 36A.- Precautions regarding portable electrical lights of flameproof
construction & tools voltage to be restricted to 24 volts only.
Section 40B.- Appointment of qualified Safety Officer as may be specified
in the notification and prescribed by the State Government.
Under chapter VI.
Section 80.- Wedges during leave period. Provision of payment of
wedges in lue of leave even to the worker quieting employment.
Under chapter X.
Section 92.- Fine. Maximum fine increased from Rs.500 to Rs.2000 and
minimum fine for violation of Safety provision under Section 87 of
Dangerous operations was fixed.
12
Contd.
 After the biggest Industrial disaster of December 1984 in a Union Carbide Plant of Bhopal
ultimately the major changes in the Factories Act of 1948 were brought in force by the
amendment 1987 with in three years in the Act in existence, by supplementing the Section
41 of the Act by inserting a new chapter, IV-A on ‘PROVISION RELATING TO HAZARDOUS
PROCESSES” in it with the following eight Sections in the amended Act, apart from doing
significant changes in some of the prevalent Sections in the chapters I, II, IV, VII, IX & X of
the existing Factories Act 1948.
Section 41A.-Constitution of Site Appraisal committees.
Section 41B.-Compulsary disclosure of information by the occupier.
Section 41C.-Specific responsibility of the occupier in relation to hazardous
processes.
Section 41D.-Power of Central Government to appoint Inquiry Committee.
Section 41E.-Emergency standards.
Section 41F.-Permissible limits of exposure of chemical and toxic substances.
Section 41G.-Workers’ participation in safety management.
Section 41H.-Righ of workers to warn about imminent danger.
Under chapter I.
Section 2 (ca).-Definition of competent person was introduced.
Section 2 (cb).-Schedule of Industries specifying the hazardous process was
introduced.
Section 2 (n).-Definition of occupier was changed.
13
Contd.
Under chapter II.
Section 7A.-General duties of the occupier was defined.
Section 7B.-General duties of the manufacturers etc. as regards articles and substances
for use in factories was introduced.
Under chapter IV.
Section 25.- Protection against self acting machines was introduced.
Section 36.- Precautions against dangerous fumes, gasses, etc. was introduced.
Section 38.- Precautions in case of fire to be ensured were emphasized.
Under chapter VII.
Section 71.-Working hours for children were defined.
Under chapter IX.
Section 87.-In case of any injury under this section the fine of Rs.500/= was
increased to Rs.5000/= and in case of fatal accident minimum fine of Rs.1000/= was
increased to not less than to Rs.25000/=
Section 87A.-Power to prohibit employment on account of serious hazard.
Under chapter X.
Section 92.- General penalty for offences of penalty clause of Rs.2000/= was increased
to Rs.1,00000/= with imprisonment from 3 months to 2 years and fine of
Rs.175/= increased to up to Rs.1000/= for continued contraventions.
Section 104A.- Onus of providing limits of what is practicable, etc.
14
OBJECTIVE
Under the social welfare legislation the Factories Act. 1948 was written by keeping
the following three main objectives to govern the working conditions of
workmen in the factories in the frame :-
(1) Health, welfare and safety of workmen.
The Act aims to protect workers employed in factories against industrial and
occupational hazards and to ensure safe and healthy conditions of life and
work. It makes detailed provisions regarding health, safety and welfare of
workers in order to provide good working conditions and other facilities to
enhance their welfare.
(2) Working hours of adults and annual leave with wages.
The Act imposes certain restrictions as to hours of work and also makes
provisions for leave and rest.
(3) Employment of women and young persons.
The Act makes stringent provisions, particularly with regard to length of
working hours, in regard to women and young persons.
15
EXTENT & APPLICATION
The Factories Act extends to the whole of the India including the State of
Jammu and Kashmir with its object to regulate the conditions of work in
manufacturing establishments which come within the definition of the term
”factory” as used in the Act. Unless otherwise provided, it also applies to
factories belonging to the Central or any State Government (Sec. 116).
“Factory” means any premises including the precincts thereof-
(i) whereon ten or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing
process is being carried out on with the aid of power, or is ordinarily so
carried on, or
(ii) whereon twenty or more workers are working, or were working on any day
of the preceding twelve months, and in any part of which a manufacturing
process is being carried out on without the aid of power, or is ordinarily so
carried on,-
but does not include a mine subject to the operation of or a mobile unit
belonging to the armed forces of the Union, a railway running shed or a hotel,
restaurant or eating place.
16
FACTORIES ACT, 1948
 The sixty-third act constituted soon after the independence in the year in
nineteen forty eight as piece of social welfare legislation written to govern the
working conditions of workmen working in factories with an adequate
machinery of instructions and strict observance of the directions provided in
the act to aim the welfare of the workers and their protection from exploitation
and unhygienic working conditions in the factory premises for their safety,
health and environment is used to denote that body of law as Factories Act.
1948.
 The act is comprised of 106 Sections distributed and defined in ten
chapters according to its assert, and further supplemented with chapter XI by
adding Section 107 to Section 120 in the act latter & having schedules I, II &
III describing List of industries involving hazardous processes, Permissible
levels of certain chemical substances in work environment and the List of
notifiable diseases respectively.
 In addition to these Sections and the Schedules prescribed there in the act,
extends the power to the individual State Governments and Union Territories
of India to enable them to make their owned rules to govern these Sections
under the act, and specifically under Section 41 to supplement the chapter IV
requiring the provision in any factory or in any class or description of factories
of such further [devices and measures] for securing the safety of persons
employed therein as it may deem necessary.
17
CONTENTS
Ch-I
PRELIMINAR
Y
Sec. 1
to
Sec. 7
Ch-I
PRELIMINAR
Y
Sec. 1
to
Sec. 7
Ch-II
THE
INSPECTING
STAFF
Sec. 7A
to
Sec. 10
Ch-II
THE
INSPECTING
STAFF
Sec. 7A
to
Sec. 10
Ch-III
HEALT
H
Sec. 11
to
Sec. 20
Ch-III
HEALT
H
Sec. 11
to
Sec. 20
Ch-IV
SAFET
Y
Sec.
2
1
to
Sec.
4
1
Ch-IV
SAFET
Y
Sec.
2
1
to
Sec.
4
1
Ch-IV-A
PROVISION
RELATING
TO
HAZARDOUS
PROCESSES
Sec. 41A
to
Sec. 41H
Ch-IV-A
PROVISION
RELATING
TO
HAZARDOUS
PROCESSES
Sec. 41A
to
Sec. 41H
Ch-V
WELFAR
E
Sec. 42
to
Sec. 50
Ch-V
WELFAR
E
Sec. 42
to
Sec. 50
Ch-VI
WORKING
HOURS OF
ADULTS
Sec.51
to
Sec. 66
Ch-VI
WORKING
HOURS OF
ADULTS
Sec.51
to
Sec. 66
Ch-VII
EMPLOYMEN
T
OF YOUNG
PERSONS
Sec. 67
to
Sec. 77
Ch-VII
EMPLOYMEN
T
OF YOUNG
PERSONS
Sec. 67
to
Sec. 77
Ch-VIII
ANNUAL
LEAVE
WITH
WAGES
Sec.78
to
Sec. 84
Ch-VIII
ANNUAL
LEAVE
WITH
WAGES
Sec.78
to
Sec. 84
Ch-IX
SPECIAL
PROVISION
S
Sec. 85
to
Sec. 91A
Ch-IX
SPECIAL
PROVISION
S
Sec. 85
to
Sec. 91A
Ch-X
PENALTIES
AND
PROCEDUR
E
Sec. 92
to
Sec. 106A
Ch-X
PENALTIES
AND
PROCEDUR
E
Sec. 92
to
Sec. 106A
Ch-XI
SUPPLEMENTA
L
Sec. 107
to
Sec. 120
Ch-XI
SUPPLEMENTA
L
Sec. 107
to
Sec. 120
18
Chapter – I
(Sec. 1 to Sec. 7)
 This chapter deals with defining the dates of commencement and the
extent of this Act in the Sec. 1 and in Sec. 2, the definitions of the
terms used in this Act. like adult, adolescent, calendar year, child,
competent person, hazardous process, young person, day, week,
power, prime mover, transmission machinery, machinery,
manufacturing process, worker, factory, occupier, prescribed and
Reference to the time of day in its Sec. 3.
 Sec. 4 & 5 specify the powers of Government to declare different
departments as separate factories, and to grant exemption from some
sections in case of emergency.
 Sec. 6 deals with the provisions regarding approval, licensing and
registration.
 And the Sec. 7 specifies the notices and information which the occupier
should send to the State Government.
a) 15 days before occupying.
b) When a running factory comes within the Act for the
first time.
c) When the work is resumed after a stoppage.
d) When a new manager is appointed.
PRELIMINARY
19
Chapter – II
(Sec. 7A to Sec. 10)
 Sec. 7A & 7B in this chapter describes the General duties of the
occupier & the General duties of the manufacturers, etc. as regards
articles and substances for use in factories respectively.
 Sec. 8, 9 and 10 defines the definitions, powers and authorities
respectively of the :-
a) Inspectors & Chief Inspectors of Factories.
b) Powers of Inspectors.
c) Certifying surgeons.
THE
INSPECTING STAFF
20
Chapter – III
(Sec. 11 to Sec. 20)
This chapter contains provisions to protect the health of the Industrial
worker.
 Sec. 11 - specifies cleanliness, drainages, periodic painting &
whitewashing of the premises.
 Sec. 12 - says that effective measures should be taken for treatment
of wastes & effluents so as to render them innocuous & their disposal.
 Sec. 13 - specifies that effective & suitable provisions shall be made in
every factory for securing & maintaining :-
a) Adequate ventilation by circulation of fresh air.
b) Such temperature as will ensure to workers therein
reasonable conditions of comfort & prevent injuries to
health.
 Sec. 14 - covers removal of dust & fumes from the work environment.
 Sec. 15 - covers artificial humidification & the quality of water used for
this purpose.
HEALTH
21
Contd.
 Sec. 16 - provides that no room in the factory shall be over crowded to
an extant injurious to the health of the employees. It specifies 500 cft. of
space per person employed.
 Sec. 17 - covers Industrial lighting & specifies provision of sufficient &
suitable lighting, free from glair & shadows.
 Sec. 18 - relates to provision of drinking water for workers.
 Sec. 19 - covers the provision of providing toilets & wash areas for the
workers employed.
 Sec. 20 – relates to maintain the clean & hygienic conditions by providing
the sufficient numbers of spittoons in convenient places in the work place
in any factory.
22
Chapter – IV
(Sec. 21 to Sec. 41)
This chapter is the most important chapter from the point of view of
Safety & covers the Safety Engineering aspects.
 Sec. 21 - specifies that all dangerous parts of machinery should be
guarded & fenced.
 Sec. 22 - specifies that safe guards to be taken in case the worker has
to approach dangerous or moving parts of machine & if so, should be
carried out by only adult & skilled worker.
 Sec. 23 - prevents young persons / children from being employed for
operations on dangerous machines.
 Sec. 24 – specifies precautions to be observed in the use of striking
gear & devices of cutting-off power.
 Sec. 25 – covers to provide the protection against the automatic or
self-acting machines .
SAFETY
23
Contd.
 Sec. 26 – specifies guarding requirements for new machines & prevents
persons from hiring, selling any machinery driven by power which is not
adequately guarded.
 Sec. 27 – prevents women & children from being employed in cotton
openers.
 Sec. 28 – highlights safety precautions to be observed in hoists & lifts
as regards construction & maintenance & Safety precautions.
 Sec. 29 – covers specifications for use of lifting machines, chains, ropes
& lifting tackles.
 Sec. 30 – covers safety precautions in the use of grinding wheels. It
specifies a notice indicating maximum safe working, periferal speed of
grinding stones, the speed of shaft or spindle etc. The section also says
that the safe periferal speed of any revolving cages, vessel, basket, fly
wheel, pulley, disc or similar appliances.
24
Contd.
 Sec. 31 – covers plant or machinery operated at pressure & specifies
that effective measures should be taken to ensure that safe working
pressure is not exceeded & it also empowers the state government to
make rules for examinations & testing of any plant or machinery.
 Sec. 32 – specifies :-
a)Floors, steps, stairs, passages & gangways should be of
sound construction maintained free from obstacles.
b)Handrails should be provided where necessary.
c) Provision of safe means of access to every work place.
d)Ensuring safety of persons working at height of 2 meters &
above by providing secure foot hold & secure hand hold or
by fencing.
 Sec. 33 – specifies fencing of fixed vessels, tanks, sumps & pits etc.
which opens at ground level, as to prevent persons from falling.
 Sec. 34 – covers lifting & carrying of load, & says that no person shall
be employed carry or lift & move a weight which can cause him injury.
25
Contd.
 Sec. 35 – specifies provision of suitable goggles or effective screens
where risk to eye from flying particles or exposure to dangerous light
exist.
 Sec. 36 - prohibits persons from entering any confined space without
taking any precautions. This section covers presence of dangerous
fumes, confined spaces, provision of breathing apparatus, cooling of hot
chambers before persons are allowed to enter etc.
 Sec. 36A – allows only electric lights & appliances not exceeding 24
volts to be used in confined spaces. Where flammable gases, fumes or
dust are present, only flame-proof electrical equipments are allowed.
 Sec. 37 – specifies & covers precautions against explosion hazards:-
a)Effective enclosure of plant or m/c’s used in process.
b)Removal or prevention of accumulation of explosive
substance.
c) Control over the source of ignition.
d)Restricting the spread & effect of explosion.
e)Precautions to be taken before permitting such plants.
26
Contd.
 Sec. 38 – specifies precautions against fire & includes provisions of fire
escapes, passages connecting fire escapes, special features to be
incorporated in the design of doors, warning systems in case of fire &
fire fighting appliances.
 Sec. 39 – empowers the Inspector of Factories to call for the drawings &
specifications of the factory buildings, plants & parts & to get tests of
stability carried out on them if it appears to him that they can be
dangerous to human life or safety.
 Sec. 40 – empowers the Inspector of Factories, if it appears to him that
any building, or any part of the ways, machinery or plant is in such a
condition that involves imminent danger to human life or safety may
serve an order in writing specifying the measures to be taken fixing the
time limit.
 Sec. 40A –empowers the Inspector of Factories, if it appears to him that
any building in a factory is in such a state of disrepair as is likely to lead
to conditions detrimental to the health & welfare of the workers, he may
serve an order in writing specifying the measures in his opinion should
be taken & requiring the same to be carried out before such date as is
specified in the order.
27
Contd.
 Sec. 40B – specifies the appointment of a Safety
Officer in every factory employing one thousand or
more workers. In case of process that involve any
risk of bodily injury, poisoning or disease or any
other hazards to health, the State Government can,
by special notification call for the appointment of
one or more Safety Officers in any factory.
 Sec. 41 – empowers the State Government to make
supplementary rules for any factory or any class of
factories in order to ensure the safety of persons
employed, therein.
28
Chapter – IVA
(Sec. 41A to Sec. 41H)
Soon after the Bhopal gas disaster the necessity to incorporate the chapter IVA
in the Factories Act 1948 by supplementing the Section 41 with Sections (41A
to 41H) was realized & with in three years that is in 1987 this important
chapter from the point of view of SHE was introduced in the Act to covers the
safety, health & environmental aspects relating to hazardous processes.
 Sec. 41A - specifies the Constitution of Site Appraisal Committees to be
formed by the State Government for the purpose of advising it to consider
application for grant of permission for the initial location of a factory involving
a hazardous process or for the expansion of any such factory in the state.
 Sec. 41B - specifies to ensure the Compulsory discloser of information by the
occupier regarding dangers, including health hazards & the measures to
overcome such hazards arising from the exposure to or handling of the
materials or substances in the manufacture, transportation, storage & other
processes, to the workers employed in the factory & should draw up an on-site
emergency plan & detailed disaster control measures for his factory & make
known to the workers employed therein & to the general public living in the
vicinity. The occupier should lay down measures for handling, transportation &
storage of hazardous substances in side the factory premises & the disposal of
such substances outside the factory premises & publicise them in the
prescribed manner among the workers & the general public living in the
vicinity.
PROVISION RELATING
TO HAZARDOUS
PROCESSES
29
Contd.
 Sec. 41C – specifies the specific responsibility of the occupier in relation
to hazardous processes to maintain accurate and up-to-date health
records, or as the case may be, medical records of the workers in the
factory who are exposed to any chemical, toxic or any other harmful
substances which are manufactured, stored, handled or transported &
such record shall be accessible to the workers & to appoint persons who
possess qualifications & experience in handling & competency to
supervise such hazardous substances, provided with the facilities
available to them for protecting the workers from the hazards at the
work place.
 Sec. 41D – empowers the Central Government to appoint Inquiry
Committee in the event of occurrence of an extraordinary situation
involving a factory engaged in a hazardous process.
 Sec. 41E – empowers the Central Government to direct the DGFASLI or
any other Institution specialised in the matter relating to standards of
safety in hazardous processes, to lay down emergency standards for
enforcement of suitable standards in respect of such hazardous
processes where the standards are inadequate till they are incorporated
in the rules made under the Act.
30
Contd.
 Sec. 41F – specifies the enforcement of the Second Schedule of the Act
for the Permissible limits of exposure of chemical & toxic substances & to
empower the Central Government to make changes in the said schedule
at any time, for the purpose of giving effect to any scientific proof
obtained from specialised institutions or experts in the field, by
notification in the Official Gazette.
 Sec. 41G – specifies to constitute the Safety Committee in support of
Workers’ participation in safety management by the occupier to promote
cooperation between workers & the management in maintaining proper
safety & health at work & to review periodically the measures taken in
that behalf.
 Sec. 41H – specifies the right of workers to warn about imminent danger
to their life or health due to any accident, they may bring the same to
the notice of the occupier, agent, manager or any other person who is
incharge of the factory or the process concerned directly or through their
representative in the safety committee & simultaneously to the notice of
the Inspector.
31
Chapter – V
(Sec. 42 to Sec. 50)
This chapter contains provisions aimed at welfare of workers.
 Sec. 42 - specifies washing facilities.
 Sec. 43 - specifies facilities for storing & washing of clothes.
 Sec. 44 - specifies facilities for sitting.
a) For Workmen who are obliged to stand while working – take
rest.
b) Where efficiency demands working in sitting position.
 Sec. 45 – specifies :-
a) Provision for First Aid boxes, their contents & trained persons
to take charge of them.
b) Provision of an ambulance room with specified medical
facilities in factories employing more than 500 workers.
 Sec. 46 – Provision & maintaining a canteen in factories employing more
than 250 workers.
 Sec. 47 – Provision for rest room, lunch rooms in respect of factories
employing more than 150 workers.
WELFARE
32
Contd.
 Sec. 48 – provision of crèches in factories employing more
than 30 women for use of their children aged under six, & its
maintenance in a specified manner.
 Sec. 49 – provides for appointment of welfare officer in the
factories employing 500 workers or more & the duties,
qualifications & conditions of services of the welfare officer to
be specified by the State Governments.
 Sec. 50 – empowers the State Government to :-
a) Grant exemption from the provision of Chapter V,
and
b) Require the factories to associate workers in the
welfare arrangements.
33
Chapter – VI
(Sec. 51 to Sec. 66)
This chapter covers working hours.
 Sec. 51 - specifies maximum 48 hours work in a week days respectively.
 Sec. 52 & 53 – specify weekly holidays & compensatory holidays
respectively.
 Sec. 54 - specifies a maximum of 9 hours work, in a day.
 Sec. 55 – specifies that no worker shall work more than 5 hours before
he has had an interval for rest for at least half an hour.
 Sec. 56 – limits the spread over of work, including recess, 10½ hours a
day.
 Sec. 57 – defines ‘holidays’ for night shift workers in respect of sections
52 & 53.
 Sec. 58 – prohibits overlapping of shifts.
 Sec. 59 – covers norms for extra wages for over time work.
 Sec. 60 – prohibits double employment of workers.
 Sec. 61 – specifies norms for regulating the periods of work of adults.
WORKING
HOURS OF ADULTS
34
Contd.
 Sec. 62 – specifies maintenance of a register of adult workers
employed.
 Sec. 63 – says that no worker shall be employed until his name is
entered in the register & without adhering to the norms regarding
display of notice.
 Sec. 64 – empowers the State Government to grant exemption from
the provision of certain sections of power to make rules.
 Sec. 65 – empowers the State Government to grant exemption from
the provision of certain sections of power to make orders.
 Sec. 66 – restricts the powers of the State Government to grant
exemption in its application to women workers in respect of certain
clauses like section 54.
35
Chapter – VII
(Sec. 67 to Sec. 77)
This chapter has made special provisions in regard to the
employment of children.
 Sec. 67 – prohibits employment of children aged below 14
years.
 Sec. 68 – specify that the non-adult workers can be employed
only after he has been granted a certificate of fitness, & he
should carry a token giving reference to the said certificate.
 Sec. 69 & 70 – specify norms for the issue of certificate.
 Sec. 71 – regulates the working hours of children as follows :-
a) No working at night at all.
b) Not more than 4½ hours in one stretch.
c) Not more than 2 shifts which should not also overlap or
spread over each other.
d) No double employment.
e) No exemption from provisions of section 52.
EMPLOYMENT
OF YOUNG PERSONS
36
Contd.
 Sec. 72, 73 & 74 – specify the registers to be
maintained & the notices to be issued regarding the
employment of children.
 Sec. 75 – empowers the Inspector of Factories to
require child workers to be medically examined by the
certifying surgeon.
 Sec. 76 – empowers the State Government to make
rules regarding medical examination & certification..
 Sec. 77 – says that provision in this Chapter are in
addition to (and not to derogation of) the provisions of
the employment of children Act, 1938.
37
Chapter – VIII
(Sec. 78 to Sec. 84)
 Sec. 78 –In the application of Chapter implies the provision of this
chapter shall not operate to the prejudice of any right to which a worker
may be entitled under any law or under the terms of any award, or
contract of service.
 Sec. 79 – specifies the provision of annual leave with wages to the
employees.
 Sec. 80 – specifies the provision of wages during the leave period of the
worker.
 Sec. 81 – specifies the provision of payment of advance in certain cases.
 Sec. 82 – specifies the provision of mode of recovery of unpaid wages.
 Sec. 83 - empowers the State Government to make rules to keep
register & to be made available for examination by inspector.
 Sec. 84 - empowers the State Government to exempt factories from all
or any of the provision of this Chapter subject to such conditions as may
be specified in the order.
ANNUAL LEAVE
WITH WAGES
38
Chapter – IX
(Sec. 85 to Sec. 91A)
This Chapter contains some special provisions.
 Sec. 85 – empowers the State Government to exempt from the scope of
this Act, factories which normally do not fall within the jurisdiction of the
Act.
 Sec. 86 – empowers the State Government to exempt public institutions
from all or any provisions of the Act.
 Sec. 87 – empowers the State Government to make special provisions or
rules applicable to any factory (or a class of factories) where serious risk
of bodily injury to the employees exist (dangerous operations).
 Sec. 87A –empowers the Inspector to prohibit the employment in the
factory or part thereof are such that they may cause serious hazard by
way of injury or death to the persons employed therein or to the general
public in the vicinity, he may, by order in writing to the occupier of the
factory, state the particulars in respect of which he considers the factory
or the part thereof to be the cause of such serious hazards & prohibit
such occupier from employing any person in the factory or any part
thereof other than the minimum number of persons necessary to attend
to the minimum tasks till the hazard is removed.
SPECIAL
PROVISIONS
39
Contd.
 Sec. 88 & 88A – covers respectively, reporting of accidents which
causes death or injury which involves absence for 48 hours or above
from work is to be notified to the Inspector of Factories & notice of
certain dangerous occurrence (accidents which do not involve injury to
employee) are also to be sent.
 Sec. 89 – covers occupational diseases & provides for :-
a) Compulsory notification of occurrence of certain diseases.
(mentioned in the separate schedule in the Act.)
b) Medical practitioner’s obligation to report diseases in the
schedule which he comes across to Chief Inspector of
Factories.
c) Recovery of fee paid to medical practitioners from the
occupier.
d) Punishment of the medical practitioners who faild to report.
40
Contd.
 Sec. 90 – empowers the State Government to conduct enquiries in to
the causes of any accident or any case of occupational disease, enforce
attendance of workers, compel production of documents & material
objects etc. & also to publish the report on the enquiry.
 Sec. 91 - empowers the Inspector to take samples & specify norms for
collection of samples.
 Sec. 91A - empowers the Chief Inspector of Factories, the DGFASLI &
Labour Institutes, Director General of Health Services & Officers
authorised by them to undertake safety & health surveys. The occupier
& the Manager are to afford all facilities for such surveys. It also
makes it obligatory for workers to present themselves for medical
examination, & for the occupiers to deem time spent by workers in
such surveys as duty time.
41
Chapter – X
(Sec. 92 to Sec. 106)
This Chapter covers the penalties & procedures.
 Sec. 92 – specifies general penalties for contravention of provisions of
this Act. :-
i. Occupier & / or Manager are punishable.
ii. Maximum penalty :- 2 years imprisonment & / or fine up to
Rs.100,000/- or both, plus Rs. 1000/- a day for each day, the
contravention is continued after conviction.
iii. In case of contravention of any of the provision of Chapter IV or
any rule made there under or under section 87 has resulted in an
accident causing death or serious bodily injury, the fine shall not
be less than Rs. 25,000/- in case of an accident causing death, &
Rs. 5,000/- in case of accident causing serious bodily injury.
 Sec. 93 – explains the liability of owner of premises in certain
circumstances.
 Sec. 94 – provides for enhanced penalty in case of repeated
contravention of the provisions of this Act. up to the term of THREE
years or fine of not less than TEN THOUSAND rupees maximum up to
TWO LAKH or with both.
PENALTIES
AND PROCEDURE
42
Contd.
 Sec. 95 – specifies penalty for willfully obstructing the Inspector, failure to
produce register / other documents, concealing / preventing worker from
being examined by the Inspector, shall be punishable with imprisonment for
a term which may extend to six months or with fine which may extend to
Rs. 10,000/- or with both.
 Sec. 96 – specifies penalty wrongly disclosing the analysis of surveys &
studies or failing to comply with or contravenes any of the provisions of
sections 41B, 41C or 41H or the rules made there under, shall, in respect of
such failure or contravention, be punishable with minimum imprisonment
for a term which may extend to SEVEN years & with fine which may extend
to TWO LAAKH rupees, and in case of failure or contravention continues,
with additional fine which may extend to FIVE THOUSAND rupees for EVERY
DAY during which such failure or contravention continues after the
conviction for the first such failure or contravention & if the failure or
contravention referred continues beyond a period of one year after the date
of conviction, the offender shall be punishable with imprisonment for a term
which may extend to TEN years.
 Sec. 97 – specifies penalty for offence of section 111 by workers & shall be
punishable with fine which may extend to FIVE HUNDRED rupees
maximum.
43
Contd.
 Sec. 98 – specifies penalty for using the false certificate or knowingly
allowing to use the false certificate of fitness granted under section 70
can be punishable with imprisonment for the term which may be
extended to TWO months or with fine which may be extended to ONE
THOUSAND rupees or with both.
 Sec. 99 – specifies penalty for the parents, guardians of the child who
permits his double employment can be punished with fine which may
extend to ONE THOUSAND rupees.
 Sec. 100 – specifies norms for determining occupier in certain cases.
(HAS BEEN OMITTED FROM THE ACT w.e.f. 1-12-1987).
 Sec. 101 – provides for exempting the occupier & manager from the
liability under this Act. In case they can conclusively prove that they
had used due diligence to enforce, the provisions of the Act. & that
the offence was committed by some other person without their
knowledge.
44
Contd.
 Sec. 102 – empowers the court to order the occupier / manager to take
specific measures, failing to take such measures will be deemed to be a
further offence under the Act. Which can be punished with SIX months
imprisonment or a fine of ONE HUNDRED rupees a day for each day after
the expiry of order or both.
 Sec. 103 – says that the presence of a person in a factory during working
hours is sufficient proof to deem him as employed therein at that time.
 Sec. 104 – provides that in case that the court is of the opinion that a
person is under age, it is for the accused to prove otherwise.
 Sec. 104A – says that onus of providing limits of what is practicable, etc. lies
with the accused to prove that it was not reasonably practicable or, as the
case may be, all practicable measures were taken to satisfy the duty or
requirement.
 Sec. 105 – says that only the first class Magistrate or a Presidency
Magistrate can try the offence under this Act. & that too only on a complain
by an Inspector of Factories with his written permission.
 Sec. 106 – specifies a time limit of THREE months for complaint after the
offence is committed & SIX months in case of disobeying the order of
Inspector.
45
Chapter – XI
(Sec. 107 to Sec. 120)
This Chapter contains supplementary provisions.
 Sec. 107 – provides for appeals by Occupier / Manager.
 Sec. 108 – covers display of notices.
 Sec. 109 – covers services of notices & empowers the State
Government, to make rules.
 Sec. 110 – empowers the State Government to make rules regarding
returns to be submitted by the owners / occupiers /managers.
 Sec. 111 – spells out the obligation of workers as follows :-
a) He shall not interfere with or misuse any appliance, convenience
provided in a factory for the purpose of securing the safety,
health or welfare of the workers.
b) Shall not do any thing likely to endanger himself or others.
c) Shall not neglect to make use of any appliance provided to
secure safety & health of workers.
Contrivances of this provision is 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.
SUPPLIMENTAL
46
Contd.
 Sec. 111A – provides for the right of workers, etc. specifies that every
worker shall have right to :-
i. Obtain from the occupier, information relating to workers’
health & safety et work,
ii. 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 by the Chief
Inspector, where training is imparted for workers’ health &
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.
 Sec. 112 – empowers the State Government to make rules providing
for any matter which is considered expedient in order to give effect to
the purpose of the Act.
47
Contd.
 Sec. 113 – empowers the Central Government to give directions to the
State government as to carrying into execution of the provisions of
this Act.
 Sec. 114 –Subject to the provisions of section 46, no fee or charges
shall be realised from any worker in respect of any arrangements or
facilities to be provided, or any equipments or appliances to be
supplied by the occupier under the provisions of this Act.
 Sec. 115 – covers publication of rules in the official gazette.
 Sec. 116 – makes the provisions applicable to factories under State /
Central Governments.
 Sec. 117 – says :-
No suit, prosecution or other legal proceedings shall lie
against any person for any thing which is in good faith done
or intended to be done under this Act.
 Sec. 118 – restricts discloser of information acquired by the Inspectors
relating to any manufacturing or commercial business or any working
process which may come to his knowledge in the course of his official
duties.
48
Contd.
 Sec. 118A –every shall treat as confidential the source of any
complaint brought to his notice on the breech of any provision of this
Act, & no Inspector shall, while making an inspection under this Act,
disclose to the occupier, manager or his representative that the
inspection is made in pursuance of the receipt of a complaint.
 Sec. 119 – declares that the Act, as to have effect notwithstanding
any thing contained in section 37 in the Contract Labour (Regulation &
Abolition) Act 1970 or any other law for the time being in force.
 Sec. 120 – deals with repeal & saving.
49
THE FIRST SCHEDULE
[See section 2 (cb)]
LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES
1 Ferrous Metallurgical Industries :-
---Integrated Iron and Steel
---Ferrow-alloysl
--Special Steel
2 Non-Ferrous Metallurgical Industries
---Primary Metallurgical Industries, namely, size, lead, copper, manganese and
aluminium.
3 Foundries (ferrous and non-ferrous)
---Casting and forgings including cleaning or smoothing/roughening by sand and
shot blasting.
50
Contd.
4 Coal (Including coke) industries
---Coal, Lignite, Coke etc.
---Fuel gases (including Coal Gas, Producer Gas, Water Gas)
5 Power Generating Industries
6 Pulp and paper (including paper products) industries.
7 Fertiliser industries
---Nitrogenous
---Phosphatic
---Mixed
51
Contd.
8 Cement Industries
--Portland Cement (including slag cement, puzzolona cement and their products)
9 Petroleum Industries
---Oil Refining
---Lubricating oils and Greases
10 Petro-Chemical Industries
11 Drugs and Pharmaceuticals industries
---Narcotics, Drugs and Pharmaceuticals
12 Fermentation Industries (distilleries and breweries)
52
Contd.
13 Rubber (synthetic Industries)
14 Paints and Pigment Industries
15 Leather Tanning Industries
16 Electroplating Industries
17 Chemical Industries
--- Coke Oven by products and Coaltar Distillation products
---Industrial Gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen,
sulphur dioxide, nitrous oxide halogenated hydrocarbon, ozone etc.
---Industrial carbon
53
Contd.
---Alkalies and Acids
---Chromates and dichromates
---Leads and its compounds
---Electrochemical (metallic sodium, Potassium and magnesium, chlorates,
perchlorates and peroxides)
---Electrothermal products (artificial abrasive, calcium carbide)
---Nitrogenous compounds (cyanides, cyanamides and other nitrogenous
compounds)
---Phosphorous and its compounds
---Halogens and halogenated compounds (Chlorine, Fluorine, Bromine and
Iodine) --Explosives (including industrial explosives and detonators and fuses)
54
Contd.
18 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 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 sources
55
Contd.
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.
56
THE SECOND SCHEDULE
[ See sections 41 F ]
PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN
WORK ENVIRONMENT
Serial
No. Substance
Permissible Limits of exposure
Time-weighted
average
contraction (8
hrs.)
Short-term
exposure limit
(15 min)*
ppm Mg./m3** ppm Mg./m3**
(1) Acetaldehyde 100 180 150 270
(2) Acetic acid 10 25 15 37
(3) Acetone 750 1780 1000 2375
57
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(4) Acrolein 0.1 0.25 0.3 0.8
(5) Acrylonitrile-Skin 2 4.5 - -
(6) Aldrin-Skin - 0.25 - -
(7) Allylchloride 1 3 2 6
(8) Ammonia 25 18 35 27
(9) Aniline-Skin 2 10 - -
(10) Anisidine (o-p-isomers) 0.1 0.5 - -
(11) Arsenic and soluble compounds (as As) - 0.2 - -
(12) Benzene (HC) o.5 1.5 25 7.5
(13) Beryllium & compound (as Be) ( S. C. ) - o.002 - -
(14) Borontrifluoride-C 1 3 - -
(15) Bromine 0.1 0.7 0.3 2
(16) Butane 800 1900 - -
58
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(17) 2-Butane (methylethyl Ketone-MEK) 200 590 300 835
(18) n-Butyl acetate 150 710 200 950
(19) n-Butyl alcohol-Skin-C 50 150 - -
(20) Sec./tert. Butyl acetate 200 950 - -
(21) Butyl mercaptan 0.5 1.5 - -
(22) Cadmium dusts and salts (as Cd) - 0.05 - -
(23) Calcium oxide - 2 - -
(24) Carbaryl (Sevin) - 5 - -
(25) Carbofuran (Furadan) - 0.1 - -
(26) Carbon disulphide-Skin 10 30 - -
(27) Carbon monoxide 50 55 400 440
(28) Carbon tetrachloride-Skin (S. C) 5 30 - -
(29) Chlordene-Skin - 0.5 - 2
59
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(30) Chlorine 1 3 3 9
(31) Chlorobenzene (Monochlorobenzene) 75 350 - -
(32) Chloroform (S.C.) 10 50 - -
(33) Bis (Chloromethyl) eather (H.C) 0.001 0.005 - -
(34) Chromic acid and chromates (as Cr.) - 0.05 - -
(35) Chromous salts (as Cr) - 0.5 - -
(36) Copper Fume - 0.2 -
(37) Cotton dust, raw* - 0.2* - -
(38) Creosol, all isomers-Skin 5 22 - -
(39) Cyanides (as CN)-Skin - 5 - -
(40) Cyanogen - 10 20 -
(41) DDT (Dichloro diphenyl trichloro ethane) - 1 - -
(42) Demeton-Skin 0.01 0.1 - -
60
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(43) Diazinon-Skin - 0.1 - -
(44) Dibutyl phthalate - 5 - -
(45) Dicholorvos (DDVP)-Skin 0.1 1 - -
(46) Dieldrin-Skin - 0.25 - -
(47) Dinitrobenzene (all isomers)-Skin 0.15 1 - -
(48) Dinitro-luene-Skin - 1.5 - -
(49) Diphenyl-(Biphenyl) 0.2 1.5 - -
(50) Endosulfan (Thiodan)-Skin - 0.1 - -
(51) Endrin-Skin - 0.1 - -
(52) Ethylacetate 400 1400 - -
(53) Ethyle alcohol 1000 1900 - -
(54) Ethylamine 10 18 - -
(55) Fluorides (as F) - 2.5 - -
61
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(56) Fuorine 1 2 2 4
(57) Formaldehyde (S.C) 1.0 1.5 2 3
(58) Formic acid 5 9 - -
(59) Gasoline 300 900 500 1500
(60) Hydrazine-Skin (S.C) 0.1 0.1 - -
(61) Hydrogen Chloride-C 5 7 - -
(62) Hydrogen Cyanide-Skin-C 10 10 - -
(63) Hydrogen Flouride (as F)-C 3 2.5 - -
(64) Hydrogen peroxide 1 1.5 - -
(65) Hydrogen sulphide 10 14 15 21
(66) Iodine-C 0.1 1 - -
(67) Iron oxide fume (Fe2O3)(as Fe) - 5 - -
(68) Isoamyl alcohol 100 525 - -
62
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(69) Isomyl alcohol 100 360 125 4500
(70) Isobutyl alcohol 50 150 - -
(71) Lead,inorg. dust, dust and fumes (as Pb) - 0.15 - -
(72) Lindane-Skin - 0.5 - -
(73) Malathion-Skin - 10 - -
(74) Manganese (as Mn) dust & compounds-C - 5 - -
(75) Manganese fume (as Mn) - 1 - 3
(76) Mercury (as Hg)-Skin-(i) Alkly compounds
(ii) All forms except alkly vapour
-
-
0.01
0.05
-
-
0.03
-
(77) Aryl and inorganic compounds - 0.1 - -
(78) Methyle alcohol (Methanol)-Skin 200 260 250 310
(79)
Methyl Cellosolve(2-Methoxyethanol)-
Skin
5 16 - -
(80) Methylisobutyl ketone 50 205 75 300
63
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(81) Methylisocyanate-Skin 0.02 0.05 - -
(82) Naphthalene 10 50 15 75
(83) Nickel carbonyl (as Ni) 0.05 0.35 - -
(84) Nitric acid 2 5 4 10
(85) Nitric oxide 25 30 - -
(86) Nitrobenzene-Skin 1 5 - -
(87) Nitrogen dioxide 3 6 5 10
(88) Oil mist-mineral - 5 - 10
(89) Ozone 0.1 0.2 0.3 0.6
(90) Parathion-Skin - 0.1 - -
(91) Phenol-Skin 5 19 - -
(92) Phorate (Thimet)-Skin - 0.05 - 0.2
(93) Phosgene (Carbonyl chloride) 0.1 0.4 - -
64
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(94) Phosphine 0.3 0.4 1 1
(95) Phosphoric acid - 1 - 3
(96) Phosphorus (yellow) - 0.1 - -
(97) Phosphorus pentachloride 0.1 1 - -
(98) Phosphorus trichloride 0.2 1.5 0.5 3
(99) Picric acid-Skin - 0.1 - 0.3
(100) Pyradine 5 15 - -
(101) Silane (Silicon tetrahydride) 5 7 - -
(102) Sodium Hydroxide-C - 2 - -
(103) Styrene, monomer (Phenyl-ethylene) 50 215 100 425
(104) Sulphur dioxide 2 5 5 10
(105) Sulphur hexaflouride 1000 6000 - -
(106) Sulphuric acid - 1 - -
65
Contd.
S.No Substance ppm Mg./m3** ppm Mg./m3**
(107) Tetraethyl lead (as Pb)-Skin - 0.1 - -
(108) Toluene (Toloul) 100 375 150 560
(109) o-Toluidine-Skin (S.C) 2 9 - -
(110) Tributyl phosphate 0.2 2.5 - -
(111) Trichloro-ethylene 50 270 200 1080
(112) Uranium, natural (as U) - 0.2 - 0.6
(113) Vinyl chloride (H.C.) 5 10 - -
(114) Welding fumes - 5 - -
(115) Xylene (o, m, p-isomers) 100 435 150 655
(116) Zinc oxide
(i) Fume
(ii) Dust
-
-
5
10
-
-
10
-
(117) Zirconium compounds (as Zr) - 5 - 10
66
Contd.
Ppm3 Parts of vapour or gas per million parts of contaminated air by
volume at 25o
C at 760 torr. (mm of murcury)
Mg/m2 milligrams of substance per cubic metre of air.
* Not more than 4 times a day with at least 60 min. interval
between successive exposures.
** Mg/m3
= ppm X Molecular weight / 24.45
C denotes ceiling limit.
Skin
denotes potential contribution to the overall by the cutaneous
route including mucous membranes and eye.
S.C. denotes suspected human carcinogens.
H.C. denotes confirmed human carcinogens.
67
Contd.
Substance Permissible time-weighted average concentration (TWA) (8 hours)
Silica, SiO2
(a) Crystaline
(i) Quqrtz
10600
(1) In terms of dusts count mppcm
% Quartz + 10
10
(2) In terms of respirable dust mg/m2
respirable Quartz + 2
30
(3) In terms of total dust mg/m2
% Quartz + 3
68
Contd.
Substance Permissible time-weighted average concentration (TWA) (8 hours)
(ii) Cristoblite Half the limits given against quartz
(iii) Tridymite Half the limits given against quartz
(iv) Silica, fused Same limits as for quartz
(v) Tripoli Same limit as in formula in item (2) given
against quartz
(b) Amorphous silicate 10 mg/m3
, total dust
Asbestos (H.C.) 2 fibres/ml [ As determined by the membrane filter method at
400-450x magnification (4mm objective) phase contrast
illumination.]
(i) Amosite 0.5 fibre/cc ***
(ii) Chrystolite 1.0 fibre/cc ***
(iii) Crocidolite 0.2 fibre/cc ***
*** For fibres greater than 5 µm in length and less than 5 µm in breadth with length to breadth ratio
equal to for greater than 3 : 1
69
Contd.
Substance Permissible time-weighted average concentration (TWA) (8 hours)
Portland cement 10 mg/m3
, total dust containing less than 1% quartz.
Coal dust 2 mg/m3
, respirable dust fraction containing less than 5% quartz
mppcm = Million particles per cubic metre of air, based on impinjer samples counted by light-
field techniques. *As determined by the membrane filter method at 400-450x magnification (4
mm objective) phase contrast illumination.
Respirable Dust :
Fraction passing a size-selector with the following characteristics :
Areodynamic Diameter (µm) % passing selector
(Unit density sphere)
< 2 90
2.5 75
3.5 50
5.0 25
10 0
70
THE THIRD SCHEDULE
[See sections 89 & 90]
LIST OF NOTIFIABLE DISEASES
1
Lead poisoning, including poisoning by any preparation or
compound of lead or their sequelae.
2 Lead tetra-ethyl poisoning.
3 Phosphorus poisoning or its sequelae.
4 Mercury poisoning or its sequelae.
5 Manganese poisoning or its sequelae.
6 Arsenic poisoning or its sequelae.
7 Poisoning by nitrous fumes.
8 Carbon bisulphide poisoning.
71
Contd.
9
Benzene poisoning, including poisoning amide derivatives or its
sequelae.
10 Chrome ulceration or its sequelae.
11 Anthrax.
12 Silicosis.
13
Poi soiling by halogens or halogen derivatives of the hydrocarbons
series.
14 Pathological manifestations due to :-
(a) Radium or other radioactive substances;
(b) X-ray.
15 Primary epitheliomatous cancer of the skin.
72
Contd.
16 Toxic anaemia.
17 Toxic jaundice due to poisonous substances.
18
Oil acne or dermatitis due to mineral oils and compounds
containing mineral oil base.
19 Byssionosis.
20 Asbestosis.
21
Occupational or contact dermatitis caused by direct contract with
chemicals and paints. These are of two types, that is, primary
irritants and allergic sanitizers.
22 Noise induced hearing loss (exposure to high noise levels).
23 Beriyllium poisoning
73
Contd.
24 Carbon monoxide.
25 Coal miners pneumoconiosis.
26 Phosgene poisoning.
27 Occupational cancer.
28 Isocyanates poisoning,
29 Toxic nephritis.
74
Rules.
FOR COMPLIANCE OF THE PROVISIONS OF THE
SECTIONS OF THE FACTORIES ACT, THE
INDIVIDUAL STATE GOVERNMENTS HAS BEEN
EMPOWERED TO FRAME THEIR OWN RULES FOR THE
SUCCESSFUL ENFORCEMENT OF THE ACT, IN THEIR
PROVINCES AND UNION TERROTERIES, HENCE
SIMILARLY BASED ON THESE LINES GOVERNMENT
OF MADHYA PRADESH HAS ALSO IMPLIMENTED THE
M. P. FACTORIES RULES 1962, PRESCRIBING
TOTAL NUMBER OF 131 RULES AND 37 FORMATS
DISTRIBUTED IN TEN CHAPTERS, COVERING THE
ENTIRE RANGE OF THE SECTIONS PROVIDED IN THE
FACTORIES ACT, 1948. FOR THE PURPOSE THERE IN.
75
ENSURE
SAFETY

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Mis 002-fa-3

  • 2. 2 WHY THE LEGISLATION  The individual workers were economically weak and they were not able to bargain with their employers for the protection of their rights and even for subsistence wedges.  The social and economical upliftment of the labour is important for securing industrial peace which is most essential to increase the normal productivity.  In turn it helps to improve the conditions of labour and ultimately the prosperity of the country.  To protect labour against long hours of work, unhygienic conditions of work, low wedges and their exploitation.  To take care of the workers exposed to certain risks in factories, mines & other establishments and make provision for their health, safety & welfare.  To increase the bargaining power of labour & to encourage the formation of trade unions.  In order to avoid industrial disputes which leads to strike and lock-outs.  To restrict children & women to work at odd hours, in hazardous process, on dangerous operations.  To provide compensation to the workmen who dies or gets injured during and in the course of employment.  To promote and advance the interest of the working people in turn to help the development of the national economy on a sound & self-reliant basis.
  • 3. 3 BASIC CONCEPT & POLICY First, the relationship between workers and employers is one of the partnership in the maintenance of production and building up of national economy. Secondly, the community as a whole as well as individual employers are under an obligation to protect the well-being of workers and to secure to them their due shares in the gains of economic development. Thus the basic objective came out as its twofold policy:- (1) to improve the service conditions of industrial labour so as to provide for them the ordinary amenities of life, and by that process, (2) to bring about industrial peace which could in its turn accelerate productive activity of the country resulting in its prosperity.
  • 4. 4 PRINCIPLES The labour legislation is based on certain fundamental principles :- (1) Social justice. Equitable distribution of profits & benefits. Protecting the workers against harmful effects to their health, safety and morality. Fixing hours of work,, overtime, leave privileges and welfare facilities. (2) Social equity. Provision of power of changing the law by the Govt. for certain specified matters. Flexibility to modify or amend the rules by the Govt. to suit the changed situation. (3) International uniformity. (Based on ILO Policy) Labour is not commodity. Freedom of expression and of association for continued progress. Poverty anywhere constitutes a danger to prosperity everywhere. (4) National economy. The state of national economy is an important factor in influencing the legislation in the country.
  • 5. 5 HISTORY  Large scale industries were established in India after 1850.  The first textile mill in Bombay came up in 1851.  Calcutta saw the country’s first Jute Mill in 1854.  The conditions of work were very poor & perhaps difficult to be imagined by today's generation.  In 1858, a distinguished parsi scholar and social reformer being the workers leader Shri Sorabjee Shapurjee Bengali led a movement for legislative measures in this direction. He started the first agitation to draw the attention of the Govt. to deplorable conditions of woman & child labour in Indian industries in 1875.  In 1877, there was “Labour unrest” in the Nagpur Empress Mills, for this cause - may be the first one at that time in India.  Strangely, the movement got support from Britain’s Cotton Industry, who advocated legislation in India to improve working conditions – more as part of business competition with the Indian Cotton Textile Industries which had the advantage of cheap labour.  In 1879, a bill was referred to the Indian Legislature & however the first Factories Act came into force in 1881, but it proved very inadequate for the employees, being inadequate to check any abuses & having no provisions to regulate even the working of child & women workers.  It was nevertheless only the first recognition of the principle that human rights should be extended to work situation, which led the agitation of workers to be continued and the social pressure resulted in the appointment of a “Factories Commission”
  • 6. 6 Contd.  Ever first labour leader in India N.M.Lokhande organised a labour conference in 1884 & sent a memorandum to the Factories Commission demanding:- 1-Weekly rest. 2-Half an hour’s recess, once, in between work. 3-Reduction in number of working hours to 12.hrs. (They worked much more !) 4-Payment of wages in time.  The Govt. did not take any action on these demands, but the agitation continued. In 1890, the Bombay Mill owner’s association ( on their own ) accepted some of the demands & in 1890 “Bombay Mill Hands Association” was formed & the first labour journal “Deshbandhu” was also published and yet another Factories Commission was appointed to give some opportunity for workers representatives. On the basis of the recommendations of this Factories Commission the Factories Act 1891 was enacted and a big advancement in the Factories Act of 1881 came in force with effect from 1892 only with the following major amendments:- 1-Number of persons to constitute a factory was reduced from 100 to 50.As well as it gave powers to local Govt. to include all factories employing 20 or more persons. 2-Compulsary stoppage of work for the full half an hour in the middle of the day. 3-Weekly holidays.
  • 7. 7 Contd. 4-Limited hours of work for women of 11 hrs. with one & half hrs. rest if employed for full 11 hrs. 5-Prohibitted employment of women during night. 6-Limited hours of work for child i.e. 07:00 hrs. to day light. 7-Prohibition of employment of children on dangerous work. 8-Ellaborated provisions of inspection and penalties.  After the strike of six days organized by workers when Lokmanya Balgangadhar Tilak was sentenced to imprisonment, many political leaders also supported the demands by workers as a part of the fight against the British Rule and the Factories Act was again revised in 1911, which came in force effective with 19th , July 1912.with the following major amendments :- 1-Restricting maximum working hours of adults to 12 hrs. and that of child to 6 hrs. a day. 2-Employment of child & women were prohibited near cotton openers. 3-Rule making powers of Local Govt. was greatly increased. 4-Certification of child was made on more sound basis. 5-Over time rate of 1.25 times was specified. 6-Induction of 60 hrs. of work per week as maximum. 7-Prohibition of night work of not only women but for persons under 14 Yrs. of age & employment of child below age of 12 Yrs. in the factories using power.
  • 8. 8 Contd.  After eleven years, the amendment of 1922 in the Factories Act brought the following improvements in the Act : 1-Employment limit was reduced from 50 to 20. 2-Local Govt. empowered to declare premises employing 10 or more as factory. 3-Employment of child below the age of 12 was prohibited. 4-Working hours of child between 12 to 15 years not to exceed 6 hrs. a day. 5-Women & child employment was restricted between 5:30 PM to 7:00 AM. 6-No person was permitted to be employed for more than 11 hrs. on any day and 60 hrs. in a week. 7-Provisions regarding cleanliness, over crowding, ventilation, lighting, toilet, bathroom, supply of drinking water, emergency escape exits in case of fire, prohibition of necked flame in the vicinity of inflammable material, dangerous operation / machine, flame proof electrical fittings at hazardous place / atmosphere were introduced. 8-Occupair & Manager both will be held liable for penalties and the fine increased to Rs 500/- from Rs 200/-.  After the minor amendments of the Factories Act in 1923 and in 1926 the major amendment came in force with the Factories Act of 1934 amendments with the changes as highlighted below : 1-Provintial Govt. empowered to decide any premises as factory where in 10 or more workers are employed irrespective of whether they use power or not. 2-A person who has completed 12 Yrs. but not 15 yrs. of age will be treated as child.
  • 9. 9 Contd. 3-A person completing 15 Yrs. but not completing 17 Yrs. of age will be treated as adolescence and if certified fit can work full time during the day. 4-Working hrs. for adults 10 hrs. per day and 54 hrs. per week with interval of ½ hrs. for five hrs. of continuous working or 1 hr. rest for continuous 6 hrs. of work. 5-Women employment restricted between 7:00 PM to 6:00 AM. 6-Factories having 50 or more women workers to have crèche for children below six Yrs. of age. 7-Over time rate as per this Act became 1.5 times.  Amendment of the Factories Act 1945 brought the following two amendments in force. 1-Annual leaves of 10 days for adult workers and of 14 days for child worker on completion of 12 months continuous service. 2-Over time rate became double i.e. 2 times from 1.5 times.  Next amendment of the Factories Act 1948 was brought in force to make the Factories Act in line with industrially advanced countries and it became the Law from 1st , April 1949 by coming in line with the British Factories Act having the following major amendments in the Act : 1-Age of employment for child was increased from 12 Yrs. to 14 Yrs. 2-Working hrs. for child was reduced to 4½ hrs. 3-Quantum of annual leaves was increased by 30 days earned leave in a year with the grant of 10 days holidays during the year and 48 hrs. per week limit of working, continued with some minor amendments of the Factories Act 1954.
  • 10. 10 Contd.  After almost three decades the following significant changes in some of the existing Sections from chapter I, III, IV, VI and X of the Factories Act 1948, were incorporated with its amendment in the year 1976 to make the act more effective. Under chapter I. Section 2 (l).-Definition of worker re-casted to include workers employed through or by contractors with or without knowledge of principal employer. Section 5.- Power to exempt during public emergency. Under chapter III. Section 12.- Disposal of water and effluents. Under chapter IV. Section 21. & 22.- Fencing of machine in motion, it was amended and made more stringent. Section 23. & 24.- Employment of young persons on dangerous machines and locking of striking gears, mechanical hazards & other devices or power cutting of such devices. Section 32 (c).- Working at height exceeding two meters prohibited unless adequate safety measures are taken.
  • 11. 11 Contd. Section 36A.- Precautions regarding portable electrical lights of flameproof construction & tools voltage to be restricted to 24 volts only. Section 40B.- Appointment of qualified Safety Officer as may be specified in the notification and prescribed by the State Government. Under chapter VI. Section 80.- Wedges during leave period. Provision of payment of wedges in lue of leave even to the worker quieting employment. Under chapter X. Section 92.- Fine. Maximum fine increased from Rs.500 to Rs.2000 and minimum fine for violation of Safety provision under Section 87 of Dangerous operations was fixed.
  • 12. 12 Contd.  After the biggest Industrial disaster of December 1984 in a Union Carbide Plant of Bhopal ultimately the major changes in the Factories Act of 1948 were brought in force by the amendment 1987 with in three years in the Act in existence, by supplementing the Section 41 of the Act by inserting a new chapter, IV-A on ‘PROVISION RELATING TO HAZARDOUS PROCESSES” in it with the following eight Sections in the amended Act, apart from doing significant changes in some of the prevalent Sections in the chapters I, II, IV, VII, IX & X of the existing Factories Act 1948. Section 41A.-Constitution of Site Appraisal committees. Section 41B.-Compulsary disclosure of information by the occupier. Section 41C.-Specific responsibility of the occupier in relation to hazardous processes. Section 41D.-Power of Central Government to appoint Inquiry Committee. Section 41E.-Emergency standards. Section 41F.-Permissible limits of exposure of chemical and toxic substances. Section 41G.-Workers’ participation in safety management. Section 41H.-Righ of workers to warn about imminent danger. Under chapter I. Section 2 (ca).-Definition of competent person was introduced. Section 2 (cb).-Schedule of Industries specifying the hazardous process was introduced. Section 2 (n).-Definition of occupier was changed.
  • 13. 13 Contd. Under chapter II. Section 7A.-General duties of the occupier was defined. Section 7B.-General duties of the manufacturers etc. as regards articles and substances for use in factories was introduced. Under chapter IV. Section 25.- Protection against self acting machines was introduced. Section 36.- Precautions against dangerous fumes, gasses, etc. was introduced. Section 38.- Precautions in case of fire to be ensured were emphasized. Under chapter VII. Section 71.-Working hours for children were defined. Under chapter IX. Section 87.-In case of any injury under this section the fine of Rs.500/= was increased to Rs.5000/= and in case of fatal accident minimum fine of Rs.1000/= was increased to not less than to Rs.25000/= Section 87A.-Power to prohibit employment on account of serious hazard. Under chapter X. Section 92.- General penalty for offences of penalty clause of Rs.2000/= was increased to Rs.1,00000/= with imprisonment from 3 months to 2 years and fine of Rs.175/= increased to up to Rs.1000/= for continued contraventions. Section 104A.- Onus of providing limits of what is practicable, etc.
  • 14. 14 OBJECTIVE Under the social welfare legislation the Factories Act. 1948 was written by keeping the following three main objectives to govern the working conditions of workmen in the factories in the frame :- (1) Health, welfare and safety of workmen. The Act aims to protect workers employed in factories against industrial and occupational hazards and to ensure safe and healthy conditions of life and work. It makes detailed provisions regarding health, safety and welfare of workers in order to provide good working conditions and other facilities to enhance their welfare. (2) Working hours of adults and annual leave with wages. The Act imposes certain restrictions as to hours of work and also makes provisions for leave and rest. (3) Employment of women and young persons. The Act makes stringent provisions, particularly with regard to length of working hours, in regard to women and young persons.
  • 15. 15 EXTENT & APPLICATION The Factories Act extends to the whole of the India including the State of Jammu and Kashmir with its object to regulate the conditions of work in manufacturing establishments which come within the definition of the term ”factory” as used in the Act. Unless otherwise provided, it also applies to factories belonging to the Central or any State Government (Sec. 116). “Factory” means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried out on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried out on without the aid of power, or is ordinarily so carried on,- but does not include a mine subject to the operation of or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
  • 16. 16 FACTORIES ACT, 1948  The sixty-third act constituted soon after the independence in the year in nineteen forty eight as piece of social welfare legislation written to govern the working conditions of workmen working in factories with an adequate machinery of instructions and strict observance of the directions provided in the act to aim the welfare of the workers and their protection from exploitation and unhygienic working conditions in the factory premises for their safety, health and environment is used to denote that body of law as Factories Act. 1948.  The act is comprised of 106 Sections distributed and defined in ten chapters according to its assert, and further supplemented with chapter XI by adding Section 107 to Section 120 in the act latter & having schedules I, II & III describing List of industries involving hazardous processes, Permissible levels of certain chemical substances in work environment and the List of notifiable diseases respectively.  In addition to these Sections and the Schedules prescribed there in the act, extends the power to the individual State Governments and Union Territories of India to enable them to make their owned rules to govern these Sections under the act, and specifically under Section 41 to supplement the chapter IV requiring the provision in any factory or in any class or description of factories of such further [devices and measures] for securing the safety of persons employed therein as it may deem necessary.
  • 17. 17 CONTENTS Ch-I PRELIMINAR Y Sec. 1 to Sec. 7 Ch-I PRELIMINAR Y Sec. 1 to Sec. 7 Ch-II THE INSPECTING STAFF Sec. 7A to Sec. 10 Ch-II THE INSPECTING STAFF Sec. 7A to Sec. 10 Ch-III HEALT H Sec. 11 to Sec. 20 Ch-III HEALT H Sec. 11 to Sec. 20 Ch-IV SAFET Y Sec. 2 1 to Sec. 4 1 Ch-IV SAFET Y Sec. 2 1 to Sec. 4 1 Ch-IV-A PROVISION RELATING TO HAZARDOUS PROCESSES Sec. 41A to Sec. 41H Ch-IV-A PROVISION RELATING TO HAZARDOUS PROCESSES Sec. 41A to Sec. 41H Ch-V WELFAR E Sec. 42 to Sec. 50 Ch-V WELFAR E Sec. 42 to Sec. 50 Ch-VI WORKING HOURS OF ADULTS Sec.51 to Sec. 66 Ch-VI WORKING HOURS OF ADULTS Sec.51 to Sec. 66 Ch-VII EMPLOYMEN T OF YOUNG PERSONS Sec. 67 to Sec. 77 Ch-VII EMPLOYMEN T OF YOUNG PERSONS Sec. 67 to Sec. 77 Ch-VIII ANNUAL LEAVE WITH WAGES Sec.78 to Sec. 84 Ch-VIII ANNUAL LEAVE WITH WAGES Sec.78 to Sec. 84 Ch-IX SPECIAL PROVISION S Sec. 85 to Sec. 91A Ch-IX SPECIAL PROVISION S Sec. 85 to Sec. 91A Ch-X PENALTIES AND PROCEDUR E Sec. 92 to Sec. 106A Ch-X PENALTIES AND PROCEDUR E Sec. 92 to Sec. 106A Ch-XI SUPPLEMENTA L Sec. 107 to Sec. 120 Ch-XI SUPPLEMENTA L Sec. 107 to Sec. 120
  • 18. 18 Chapter – I (Sec. 1 to Sec. 7)  This chapter deals with defining the dates of commencement and the extent of this Act in the Sec. 1 and in Sec. 2, the definitions of the terms used in this Act. like adult, adolescent, calendar year, child, competent person, hazardous process, young person, day, week, power, prime mover, transmission machinery, machinery, manufacturing process, worker, factory, occupier, prescribed and Reference to the time of day in its Sec. 3.  Sec. 4 & 5 specify the powers of Government to declare different departments as separate factories, and to grant exemption from some sections in case of emergency.  Sec. 6 deals with the provisions regarding approval, licensing and registration.  And the Sec. 7 specifies the notices and information which the occupier should send to the State Government. a) 15 days before occupying. b) When a running factory comes within the Act for the first time. c) When the work is resumed after a stoppage. d) When a new manager is appointed. PRELIMINARY
  • 19. 19 Chapter – II (Sec. 7A to Sec. 10)  Sec. 7A & 7B in this chapter describes the General duties of the occupier & the General duties of the manufacturers, etc. as regards articles and substances for use in factories respectively.  Sec. 8, 9 and 10 defines the definitions, powers and authorities respectively of the :- a) Inspectors & Chief Inspectors of Factories. b) Powers of Inspectors. c) Certifying surgeons. THE INSPECTING STAFF
  • 20. 20 Chapter – III (Sec. 11 to Sec. 20) This chapter contains provisions to protect the health of the Industrial worker.  Sec. 11 - specifies cleanliness, drainages, periodic painting & whitewashing of the premises.  Sec. 12 - says that effective measures should be taken for treatment of wastes & effluents so as to render them innocuous & their disposal.  Sec. 13 - specifies that effective & suitable provisions shall be made in every factory for securing & maintaining :- a) Adequate ventilation by circulation of fresh air. b) Such temperature as will ensure to workers therein reasonable conditions of comfort & prevent injuries to health.  Sec. 14 - covers removal of dust & fumes from the work environment.  Sec. 15 - covers artificial humidification & the quality of water used for this purpose. HEALTH
  • 21. 21 Contd.  Sec. 16 - provides that no room in the factory shall be over crowded to an extant injurious to the health of the employees. It specifies 500 cft. of space per person employed.  Sec. 17 - covers Industrial lighting & specifies provision of sufficient & suitable lighting, free from glair & shadows.  Sec. 18 - relates to provision of drinking water for workers.  Sec. 19 - covers the provision of providing toilets & wash areas for the workers employed.  Sec. 20 – relates to maintain the clean & hygienic conditions by providing the sufficient numbers of spittoons in convenient places in the work place in any factory.
  • 22. 22 Chapter – IV (Sec. 21 to Sec. 41) This chapter is the most important chapter from the point of view of Safety & covers the Safety Engineering aspects.  Sec. 21 - specifies that all dangerous parts of machinery should be guarded & fenced.  Sec. 22 - specifies that safe guards to be taken in case the worker has to approach dangerous or moving parts of machine & if so, should be carried out by only adult & skilled worker.  Sec. 23 - prevents young persons / children from being employed for operations on dangerous machines.  Sec. 24 – specifies precautions to be observed in the use of striking gear & devices of cutting-off power.  Sec. 25 – covers to provide the protection against the automatic or self-acting machines . SAFETY
  • 23. 23 Contd.  Sec. 26 – specifies guarding requirements for new machines & prevents persons from hiring, selling any machinery driven by power which is not adequately guarded.  Sec. 27 – prevents women & children from being employed in cotton openers.  Sec. 28 – highlights safety precautions to be observed in hoists & lifts as regards construction & maintenance & Safety precautions.  Sec. 29 – covers specifications for use of lifting machines, chains, ropes & lifting tackles.  Sec. 30 – covers safety precautions in the use of grinding wheels. It specifies a notice indicating maximum safe working, periferal speed of grinding stones, the speed of shaft or spindle etc. The section also says that the safe periferal speed of any revolving cages, vessel, basket, fly wheel, pulley, disc or similar appliances.
  • 24. 24 Contd.  Sec. 31 – covers plant or machinery operated at pressure & specifies that effective measures should be taken to ensure that safe working pressure is not exceeded & it also empowers the state government to make rules for examinations & testing of any plant or machinery.  Sec. 32 – specifies :- a)Floors, steps, stairs, passages & gangways should be of sound construction maintained free from obstacles. b)Handrails should be provided where necessary. c) Provision of safe means of access to every work place. d)Ensuring safety of persons working at height of 2 meters & above by providing secure foot hold & secure hand hold or by fencing.  Sec. 33 – specifies fencing of fixed vessels, tanks, sumps & pits etc. which opens at ground level, as to prevent persons from falling.  Sec. 34 – covers lifting & carrying of load, & says that no person shall be employed carry or lift & move a weight which can cause him injury.
  • 25. 25 Contd.  Sec. 35 – specifies provision of suitable goggles or effective screens where risk to eye from flying particles or exposure to dangerous light exist.  Sec. 36 - prohibits persons from entering any confined space without taking any precautions. This section covers presence of dangerous fumes, confined spaces, provision of breathing apparatus, cooling of hot chambers before persons are allowed to enter etc.  Sec. 36A – allows only electric lights & appliances not exceeding 24 volts to be used in confined spaces. Where flammable gases, fumes or dust are present, only flame-proof electrical equipments are allowed.  Sec. 37 – specifies & covers precautions against explosion hazards:- a)Effective enclosure of plant or m/c’s used in process. b)Removal or prevention of accumulation of explosive substance. c) Control over the source of ignition. d)Restricting the spread & effect of explosion. e)Precautions to be taken before permitting such plants.
  • 26. 26 Contd.  Sec. 38 – specifies precautions against fire & includes provisions of fire escapes, passages connecting fire escapes, special features to be incorporated in the design of doors, warning systems in case of fire & fire fighting appliances.  Sec. 39 – empowers the Inspector of Factories to call for the drawings & specifications of the factory buildings, plants & parts & to get tests of stability carried out on them if it appears to him that they can be dangerous to human life or safety.  Sec. 40 – empowers the Inspector of Factories, if it appears to him that any building, or any part of the ways, machinery or plant is in such a condition that involves imminent danger to human life or safety may serve an order in writing specifying the measures to be taken fixing the time limit.  Sec. 40A –empowers the Inspector of Factories, if it appears to him that any building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health & welfare of the workers, he may serve an order in writing specifying the measures in his opinion should be taken & requiring the same to be carried out before such date as is specified in the order.
  • 27. 27 Contd.  Sec. 40B – specifies the appointment of a Safety Officer in every factory employing one thousand or more workers. In case of process that involve any risk of bodily injury, poisoning or disease or any other hazards to health, the State Government can, by special notification call for the appointment of one or more Safety Officers in any factory.  Sec. 41 – empowers the State Government to make supplementary rules for any factory or any class of factories in order to ensure the safety of persons employed, therein.
  • 28. 28 Chapter – IVA (Sec. 41A to Sec. 41H) Soon after the Bhopal gas disaster the necessity to incorporate the chapter IVA in the Factories Act 1948 by supplementing the Section 41 with Sections (41A to 41H) was realized & with in three years that is in 1987 this important chapter from the point of view of SHE was introduced in the Act to covers the safety, health & environmental aspects relating to hazardous processes.  Sec. 41A - specifies the Constitution of Site Appraisal Committees to be formed by the State Government for the purpose of advising it to consider application for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory in the state.  Sec. 41B - specifies to ensure the Compulsory discloser of information by the occupier regarding dangers, including health hazards & the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage & other processes, to the workers employed in the factory & should draw up an on-site emergency plan & detailed disaster control measures for his factory & make known to the workers employed therein & to the general public living in the vicinity. The occupier should lay down measures for handling, transportation & storage of hazardous substances in side the factory premises & the disposal of such substances outside the factory premises & publicise them in the prescribed manner among the workers & the general public living in the vicinity. PROVISION RELATING TO HAZARDOUS PROCESSES
  • 29. 29 Contd.  Sec. 41C – specifies the specific responsibility of the occupier in relation to hazardous processes to maintain accurate and up-to-date health records, or as the case may be, medical records of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported & such record shall be accessible to the workers & to appoint persons who possess qualifications & experience in handling & competency to supervise such hazardous substances, provided with the facilities available to them for protecting the workers from the hazards at the work place.  Sec. 41D – empowers the Central Government to appoint Inquiry Committee in the event of occurrence of an extraordinary situation involving a factory engaged in a hazardous process.  Sec. 41E – empowers the Central Government to direct the DGFASLI or any other Institution specialised in the matter relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes where the standards are inadequate till they are incorporated in the rules made under the Act.
  • 30. 30 Contd.  Sec. 41F – specifies the enforcement of the Second Schedule of the Act for the Permissible limits of exposure of chemical & toxic substances & to empower the Central Government to make changes in the said schedule at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field, by notification in the Official Gazette.  Sec. 41G – specifies to constitute the Safety Committee in support of Workers’ participation in safety management by the occupier to promote cooperation between workers & the management in maintaining proper safety & health at work & to review periodically the measures taken in that behalf.  Sec. 41H – specifies the right of workers to warn about imminent danger to their life or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is incharge of the factory or the process concerned directly or through their representative in the safety committee & simultaneously to the notice of the Inspector.
  • 31. 31 Chapter – V (Sec. 42 to Sec. 50) This chapter contains provisions aimed at welfare of workers.  Sec. 42 - specifies washing facilities.  Sec. 43 - specifies facilities for storing & washing of clothes.  Sec. 44 - specifies facilities for sitting. a) For Workmen who are obliged to stand while working – take rest. b) Where efficiency demands working in sitting position.  Sec. 45 – specifies :- a) Provision for First Aid boxes, their contents & trained persons to take charge of them. b) Provision of an ambulance room with specified medical facilities in factories employing more than 500 workers.  Sec. 46 – Provision & maintaining a canteen in factories employing more than 250 workers.  Sec. 47 – Provision for rest room, lunch rooms in respect of factories employing more than 150 workers. WELFARE
  • 32. 32 Contd.  Sec. 48 – provision of crèches in factories employing more than 30 women for use of their children aged under six, & its maintenance in a specified manner.  Sec. 49 – provides for appointment of welfare officer in the factories employing 500 workers or more & the duties, qualifications & conditions of services of the welfare officer to be specified by the State Governments.  Sec. 50 – empowers the State Government to :- a) Grant exemption from the provision of Chapter V, and b) Require the factories to associate workers in the welfare arrangements.
  • 33. 33 Chapter – VI (Sec. 51 to Sec. 66) This chapter covers working hours.  Sec. 51 - specifies maximum 48 hours work in a week days respectively.  Sec. 52 & 53 – specify weekly holidays & compensatory holidays respectively.  Sec. 54 - specifies a maximum of 9 hours work, in a day.  Sec. 55 – specifies that no worker shall work more than 5 hours before he has had an interval for rest for at least half an hour.  Sec. 56 – limits the spread over of work, including recess, 10½ hours a day.  Sec. 57 – defines ‘holidays’ for night shift workers in respect of sections 52 & 53.  Sec. 58 – prohibits overlapping of shifts.  Sec. 59 – covers norms for extra wages for over time work.  Sec. 60 – prohibits double employment of workers.  Sec. 61 – specifies norms for regulating the periods of work of adults. WORKING HOURS OF ADULTS
  • 34. 34 Contd.  Sec. 62 – specifies maintenance of a register of adult workers employed.  Sec. 63 – says that no worker shall be employed until his name is entered in the register & without adhering to the norms regarding display of notice.  Sec. 64 – empowers the State Government to grant exemption from the provision of certain sections of power to make rules.  Sec. 65 – empowers the State Government to grant exemption from the provision of certain sections of power to make orders.  Sec. 66 – restricts the powers of the State Government to grant exemption in its application to women workers in respect of certain clauses like section 54.
  • 35. 35 Chapter – VII (Sec. 67 to Sec. 77) This chapter has made special provisions in regard to the employment of children.  Sec. 67 – prohibits employment of children aged below 14 years.  Sec. 68 – specify that the non-adult workers can be employed only after he has been granted a certificate of fitness, & he should carry a token giving reference to the said certificate.  Sec. 69 & 70 – specify norms for the issue of certificate.  Sec. 71 – regulates the working hours of children as follows :- a) No working at night at all. b) Not more than 4½ hours in one stretch. c) Not more than 2 shifts which should not also overlap or spread over each other. d) No double employment. e) No exemption from provisions of section 52. EMPLOYMENT OF YOUNG PERSONS
  • 36. 36 Contd.  Sec. 72, 73 & 74 – specify the registers to be maintained & the notices to be issued regarding the employment of children.  Sec. 75 – empowers the Inspector of Factories to require child workers to be medically examined by the certifying surgeon.  Sec. 76 – empowers the State Government to make rules regarding medical examination & certification..  Sec. 77 – says that provision in this Chapter are in addition to (and not to derogation of) the provisions of the employment of children Act, 1938.
  • 37. 37 Chapter – VIII (Sec. 78 to Sec. 84)  Sec. 78 –In the application of Chapter implies the provision of this chapter shall not operate to the prejudice of any right to which a worker may be entitled under any law or under the terms of any award, or contract of service.  Sec. 79 – specifies the provision of annual leave with wages to the employees.  Sec. 80 – specifies the provision of wages during the leave period of the worker.  Sec. 81 – specifies the provision of payment of advance in certain cases.  Sec. 82 – specifies the provision of mode of recovery of unpaid wages.  Sec. 83 - empowers the State Government to make rules to keep register & to be made available for examination by inspector.  Sec. 84 - empowers the State Government to exempt factories from all or any of the provision of this Chapter subject to such conditions as may be specified in the order. ANNUAL LEAVE WITH WAGES
  • 38. 38 Chapter – IX (Sec. 85 to Sec. 91A) This Chapter contains some special provisions.  Sec. 85 – empowers the State Government to exempt from the scope of this Act, factories which normally do not fall within the jurisdiction of the Act.  Sec. 86 – empowers the State Government to exempt public institutions from all or any provisions of the Act.  Sec. 87 – empowers the State Government to make special provisions or rules applicable to any factory (or a class of factories) where serious risk of bodily injury to the employees exist (dangerous operations).  Sec. 87A –empowers the Inspector to prohibit the employment in the factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or the part thereof to be the cause of such serious hazards & prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. SPECIAL PROVISIONS
  • 39. 39 Contd.  Sec. 88 & 88A – covers respectively, reporting of accidents which causes death or injury which involves absence for 48 hours or above from work is to be notified to the Inspector of Factories & notice of certain dangerous occurrence (accidents which do not involve injury to employee) are also to be sent.  Sec. 89 – covers occupational diseases & provides for :- a) Compulsory notification of occurrence of certain diseases. (mentioned in the separate schedule in the Act.) b) Medical practitioner’s obligation to report diseases in the schedule which he comes across to Chief Inspector of Factories. c) Recovery of fee paid to medical practitioners from the occupier. d) Punishment of the medical practitioners who faild to report.
  • 40. 40 Contd.  Sec. 90 – empowers the State Government to conduct enquiries in to the causes of any accident or any case of occupational disease, enforce attendance of workers, compel production of documents & material objects etc. & also to publish the report on the enquiry.  Sec. 91 - empowers the Inspector to take samples & specify norms for collection of samples.  Sec. 91A - empowers the Chief Inspector of Factories, the DGFASLI & Labour Institutes, Director General of Health Services & Officers authorised by them to undertake safety & health surveys. The occupier & the Manager are to afford all facilities for such surveys. It also makes it obligatory for workers to present themselves for medical examination, & for the occupiers to deem time spent by workers in such surveys as duty time.
  • 41. 41 Chapter – X (Sec. 92 to Sec. 106) This Chapter covers the penalties & procedures.  Sec. 92 – specifies general penalties for contravention of provisions of this Act. :- i. Occupier & / or Manager are punishable. ii. Maximum penalty :- 2 years imprisonment & / or fine up to Rs.100,000/- or both, plus Rs. 1000/- a day for each day, the contravention is continued after conviction. iii. In case of contravention of any of the provision of Chapter IV or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than Rs. 25,000/- in case of an accident causing death, & Rs. 5,000/- in case of accident causing serious bodily injury.  Sec. 93 – explains the liability of owner of premises in certain circumstances.  Sec. 94 – provides for enhanced penalty in case of repeated contravention of the provisions of this Act. up to the term of THREE years or fine of not less than TEN THOUSAND rupees maximum up to TWO LAKH or with both. PENALTIES AND PROCEDURE
  • 42. 42 Contd.  Sec. 95 – specifies penalty for willfully obstructing the Inspector, failure to produce register / other documents, concealing / preventing worker from being examined by the Inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 10,000/- or with both.  Sec. 96 – specifies penalty wrongly disclosing the analysis of surveys & studies or failing to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made there under, shall, in respect of such failure or contravention, be punishable with minimum imprisonment for a term which may extend to SEVEN years & with fine which may extend to TWO LAAKH rupees, and in case of failure or contravention continues, with additional fine which may extend to FIVE THOUSAND rupees for EVERY DAY during which such failure or contravention continues after the conviction for the first such failure or contravention & if the failure or contravention referred continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to TEN years.  Sec. 97 – specifies penalty for offence of section 111 by workers & shall be punishable with fine which may extend to FIVE HUNDRED rupees maximum.
  • 43. 43 Contd.  Sec. 98 – specifies penalty for using the false certificate or knowingly allowing to use the false certificate of fitness granted under section 70 can be punishable with imprisonment for the term which may be extended to TWO months or with fine which may be extended to ONE THOUSAND rupees or with both.  Sec. 99 – specifies penalty for the parents, guardians of the child who permits his double employment can be punished with fine which may extend to ONE THOUSAND rupees.  Sec. 100 – specifies norms for determining occupier in certain cases. (HAS BEEN OMITTED FROM THE ACT w.e.f. 1-12-1987).  Sec. 101 – provides for exempting the occupier & manager from the liability under this Act. In case they can conclusively prove that they had used due diligence to enforce, the provisions of the Act. & that the offence was committed by some other person without their knowledge.
  • 44. 44 Contd.  Sec. 102 – empowers the court to order the occupier / manager to take specific measures, failing to take such measures will be deemed to be a further offence under the Act. Which can be punished with SIX months imprisonment or a fine of ONE HUNDRED rupees a day for each day after the expiry of order or both.  Sec. 103 – says that the presence of a person in a factory during working hours is sufficient proof to deem him as employed therein at that time.  Sec. 104 – provides that in case that the court is of the opinion that a person is under age, it is for the accused to prove otherwise.  Sec. 104A – says that onus of providing limits of what is practicable, etc. lies with the accused to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.  Sec. 105 – says that only the first class Magistrate or a Presidency Magistrate can try the offence under this Act. & that too only on a complain by an Inspector of Factories with his written permission.  Sec. 106 – specifies a time limit of THREE months for complaint after the offence is committed & SIX months in case of disobeying the order of Inspector.
  • 45. 45 Chapter – XI (Sec. 107 to Sec. 120) This Chapter contains supplementary provisions.  Sec. 107 – provides for appeals by Occupier / Manager.  Sec. 108 – covers display of notices.  Sec. 109 – covers services of notices & empowers the State Government, to make rules.  Sec. 110 – empowers the State Government to make rules regarding returns to be submitted by the owners / occupiers /managers.  Sec. 111 – spells out the obligation of workers as follows :- a) He shall not interfere with or misuse any appliance, convenience provided in a factory for the purpose of securing the safety, health or welfare of the workers. b) Shall not do any thing likely to endanger himself or others. c) Shall not neglect to make use of any appliance provided to secure safety & health of workers. Contrivances of this provision is 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. SUPPLIMENTAL
  • 46. 46 Contd.  Sec. 111A – provides for the right of workers, etc. specifies that every worker shall have right to :- i. Obtain from the occupier, information relating to workers’ health & safety et work, ii. 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 by the Chief Inspector, where training is imparted for workers’ health & 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.  Sec. 112 – empowers the State Government to make rules providing for any matter which is considered expedient in order to give effect to the purpose of the Act.
  • 47. 47 Contd.  Sec. 113 – empowers the Central Government to give directions to the State government as to carrying into execution of the provisions of this Act.  Sec. 114 –Subject to the provisions of section 46, no fee or charges shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.  Sec. 115 – covers publication of rules in the official gazette.  Sec. 116 – makes the provisions applicable to factories under State / Central Governments.  Sec. 117 – says :- No suit, prosecution or other legal proceedings shall lie against any person for any thing which is in good faith done or intended to be done under this Act.  Sec. 118 – restricts discloser of information acquired by the Inspectors relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties.
  • 48. 48 Contd.  Sec. 118A –every shall treat as confidential the source of any complaint brought to his notice on the breech of any provision of this Act, & no Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint.  Sec. 119 – declares that the Act, as to have effect notwithstanding any thing contained in section 37 in the Contract Labour (Regulation & Abolition) Act 1970 or any other law for the time being in force.  Sec. 120 – deals with repeal & saving.
  • 49. 49 THE FIRST SCHEDULE [See section 2 (cb)] LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES 1 Ferrous Metallurgical Industries :- ---Integrated Iron and Steel ---Ferrow-alloysl --Special Steel 2 Non-Ferrous Metallurgical Industries ---Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium. 3 Foundries (ferrous and non-ferrous) ---Casting and forgings including cleaning or smoothing/roughening by sand and shot blasting.
  • 50. 50 Contd. 4 Coal (Including coke) industries ---Coal, Lignite, Coke etc. ---Fuel gases (including Coal Gas, Producer Gas, Water Gas) 5 Power Generating Industries 6 Pulp and paper (including paper products) industries. 7 Fertiliser industries ---Nitrogenous ---Phosphatic ---Mixed
  • 51. 51 Contd. 8 Cement Industries --Portland Cement (including slag cement, puzzolona cement and their products) 9 Petroleum Industries ---Oil Refining ---Lubricating oils and Greases 10 Petro-Chemical Industries 11 Drugs and Pharmaceuticals industries ---Narcotics, Drugs and Pharmaceuticals 12 Fermentation Industries (distilleries and breweries)
  • 52. 52 Contd. 13 Rubber (synthetic Industries) 14 Paints and Pigment Industries 15 Leather Tanning Industries 16 Electroplating Industries 17 Chemical Industries --- Coke Oven by products and Coaltar Distillation products ---Industrial Gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen, sulphur dioxide, nitrous oxide halogenated hydrocarbon, ozone etc. ---Industrial carbon
  • 53. 53 Contd. ---Alkalies and Acids ---Chromates and dichromates ---Leads and its compounds ---Electrochemical (metallic sodium, Potassium and magnesium, chlorates, perchlorates and peroxides) ---Electrothermal products (artificial abrasive, calcium carbide) ---Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds) ---Phosphorous and its compounds ---Halogens and halogenated compounds (Chlorine, Fluorine, Bromine and Iodine) --Explosives (including industrial explosives and detonators and fuses)
  • 54. 54 Contd. 18 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 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 sources
  • 55. 55 Contd. 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.
  • 56. 56 THE SECOND SCHEDULE [ See sections 41 F ] PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT Serial No. Substance Permissible Limits of exposure Time-weighted average contraction (8 hrs.) Short-term exposure limit (15 min)* ppm Mg./m3** ppm Mg./m3** (1) Acetaldehyde 100 180 150 270 (2) Acetic acid 10 25 15 37 (3) Acetone 750 1780 1000 2375
  • 57. 57 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (4) Acrolein 0.1 0.25 0.3 0.8 (5) Acrylonitrile-Skin 2 4.5 - - (6) Aldrin-Skin - 0.25 - - (7) Allylchloride 1 3 2 6 (8) Ammonia 25 18 35 27 (9) Aniline-Skin 2 10 - - (10) Anisidine (o-p-isomers) 0.1 0.5 - - (11) Arsenic and soluble compounds (as As) - 0.2 - - (12) Benzene (HC) o.5 1.5 25 7.5 (13) Beryllium & compound (as Be) ( S. C. ) - o.002 - - (14) Borontrifluoride-C 1 3 - - (15) Bromine 0.1 0.7 0.3 2 (16) Butane 800 1900 - -
  • 58. 58 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (17) 2-Butane (methylethyl Ketone-MEK) 200 590 300 835 (18) n-Butyl acetate 150 710 200 950 (19) n-Butyl alcohol-Skin-C 50 150 - - (20) Sec./tert. Butyl acetate 200 950 - - (21) Butyl mercaptan 0.5 1.5 - - (22) Cadmium dusts and salts (as Cd) - 0.05 - - (23) Calcium oxide - 2 - - (24) Carbaryl (Sevin) - 5 - - (25) Carbofuran (Furadan) - 0.1 - - (26) Carbon disulphide-Skin 10 30 - - (27) Carbon monoxide 50 55 400 440 (28) Carbon tetrachloride-Skin (S. C) 5 30 - - (29) Chlordene-Skin - 0.5 - 2
  • 59. 59 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (30) Chlorine 1 3 3 9 (31) Chlorobenzene (Monochlorobenzene) 75 350 - - (32) Chloroform (S.C.) 10 50 - - (33) Bis (Chloromethyl) eather (H.C) 0.001 0.005 - - (34) Chromic acid and chromates (as Cr.) - 0.05 - - (35) Chromous salts (as Cr) - 0.5 - - (36) Copper Fume - 0.2 - (37) Cotton dust, raw* - 0.2* - - (38) Creosol, all isomers-Skin 5 22 - - (39) Cyanides (as CN)-Skin - 5 - - (40) Cyanogen - 10 20 - (41) DDT (Dichloro diphenyl trichloro ethane) - 1 - - (42) Demeton-Skin 0.01 0.1 - -
  • 60. 60 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (43) Diazinon-Skin - 0.1 - - (44) Dibutyl phthalate - 5 - - (45) Dicholorvos (DDVP)-Skin 0.1 1 - - (46) Dieldrin-Skin - 0.25 - - (47) Dinitrobenzene (all isomers)-Skin 0.15 1 - - (48) Dinitro-luene-Skin - 1.5 - - (49) Diphenyl-(Biphenyl) 0.2 1.5 - - (50) Endosulfan (Thiodan)-Skin - 0.1 - - (51) Endrin-Skin - 0.1 - - (52) Ethylacetate 400 1400 - - (53) Ethyle alcohol 1000 1900 - - (54) Ethylamine 10 18 - - (55) Fluorides (as F) - 2.5 - -
  • 61. 61 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (56) Fuorine 1 2 2 4 (57) Formaldehyde (S.C) 1.0 1.5 2 3 (58) Formic acid 5 9 - - (59) Gasoline 300 900 500 1500 (60) Hydrazine-Skin (S.C) 0.1 0.1 - - (61) Hydrogen Chloride-C 5 7 - - (62) Hydrogen Cyanide-Skin-C 10 10 - - (63) Hydrogen Flouride (as F)-C 3 2.5 - - (64) Hydrogen peroxide 1 1.5 - - (65) Hydrogen sulphide 10 14 15 21 (66) Iodine-C 0.1 1 - - (67) Iron oxide fume (Fe2O3)(as Fe) - 5 - - (68) Isoamyl alcohol 100 525 - -
  • 62. 62 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (69) Isomyl alcohol 100 360 125 4500 (70) Isobutyl alcohol 50 150 - - (71) Lead,inorg. dust, dust and fumes (as Pb) - 0.15 - - (72) Lindane-Skin - 0.5 - - (73) Malathion-Skin - 10 - - (74) Manganese (as Mn) dust & compounds-C - 5 - - (75) Manganese fume (as Mn) - 1 - 3 (76) Mercury (as Hg)-Skin-(i) Alkly compounds (ii) All forms except alkly vapour - - 0.01 0.05 - - 0.03 - (77) Aryl and inorganic compounds - 0.1 - - (78) Methyle alcohol (Methanol)-Skin 200 260 250 310 (79) Methyl Cellosolve(2-Methoxyethanol)- Skin 5 16 - - (80) Methylisobutyl ketone 50 205 75 300
  • 63. 63 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (81) Methylisocyanate-Skin 0.02 0.05 - - (82) Naphthalene 10 50 15 75 (83) Nickel carbonyl (as Ni) 0.05 0.35 - - (84) Nitric acid 2 5 4 10 (85) Nitric oxide 25 30 - - (86) Nitrobenzene-Skin 1 5 - - (87) Nitrogen dioxide 3 6 5 10 (88) Oil mist-mineral - 5 - 10 (89) Ozone 0.1 0.2 0.3 0.6 (90) Parathion-Skin - 0.1 - - (91) Phenol-Skin 5 19 - - (92) Phorate (Thimet)-Skin - 0.05 - 0.2 (93) Phosgene (Carbonyl chloride) 0.1 0.4 - -
  • 64. 64 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (94) Phosphine 0.3 0.4 1 1 (95) Phosphoric acid - 1 - 3 (96) Phosphorus (yellow) - 0.1 - - (97) Phosphorus pentachloride 0.1 1 - - (98) Phosphorus trichloride 0.2 1.5 0.5 3 (99) Picric acid-Skin - 0.1 - 0.3 (100) Pyradine 5 15 - - (101) Silane (Silicon tetrahydride) 5 7 - - (102) Sodium Hydroxide-C - 2 - - (103) Styrene, monomer (Phenyl-ethylene) 50 215 100 425 (104) Sulphur dioxide 2 5 5 10 (105) Sulphur hexaflouride 1000 6000 - - (106) Sulphuric acid - 1 - -
  • 65. 65 Contd. S.No Substance ppm Mg./m3** ppm Mg./m3** (107) Tetraethyl lead (as Pb)-Skin - 0.1 - - (108) Toluene (Toloul) 100 375 150 560 (109) o-Toluidine-Skin (S.C) 2 9 - - (110) Tributyl phosphate 0.2 2.5 - - (111) Trichloro-ethylene 50 270 200 1080 (112) Uranium, natural (as U) - 0.2 - 0.6 (113) Vinyl chloride (H.C.) 5 10 - - (114) Welding fumes - 5 - - (115) Xylene (o, m, p-isomers) 100 435 150 655 (116) Zinc oxide (i) Fume (ii) Dust - - 5 10 - - 10 - (117) Zirconium compounds (as Zr) - 5 - 10
  • 66. 66 Contd. Ppm3 Parts of vapour or gas per million parts of contaminated air by volume at 25o C at 760 torr. (mm of murcury) Mg/m2 milligrams of substance per cubic metre of air. * Not more than 4 times a day with at least 60 min. interval between successive exposures. ** Mg/m3 = ppm X Molecular weight / 24.45 C denotes ceiling limit. Skin denotes potential contribution to the overall by the cutaneous route including mucous membranes and eye. S.C. denotes suspected human carcinogens. H.C. denotes confirmed human carcinogens.
  • 67. 67 Contd. Substance Permissible time-weighted average concentration (TWA) (8 hours) Silica, SiO2 (a) Crystaline (i) Quqrtz 10600 (1) In terms of dusts count mppcm % Quartz + 10 10 (2) In terms of respirable dust mg/m2 respirable Quartz + 2 30 (3) In terms of total dust mg/m2 % Quartz + 3
  • 68. 68 Contd. Substance Permissible time-weighted average concentration (TWA) (8 hours) (ii) Cristoblite Half the limits given against quartz (iii) Tridymite Half the limits given against quartz (iv) Silica, fused Same limits as for quartz (v) Tripoli Same limit as in formula in item (2) given against quartz (b) Amorphous silicate 10 mg/m3 , total dust Asbestos (H.C.) 2 fibres/ml [ As determined by the membrane filter method at 400-450x magnification (4mm objective) phase contrast illumination.] (i) Amosite 0.5 fibre/cc *** (ii) Chrystolite 1.0 fibre/cc *** (iii) Crocidolite 0.2 fibre/cc *** *** For fibres greater than 5 µm in length and less than 5 µm in breadth with length to breadth ratio equal to for greater than 3 : 1
  • 69. 69 Contd. Substance Permissible time-weighted average concentration (TWA) (8 hours) Portland cement 10 mg/m3 , total dust containing less than 1% quartz. Coal dust 2 mg/m3 , respirable dust fraction containing less than 5% quartz mppcm = Million particles per cubic metre of air, based on impinjer samples counted by light- field techniques. *As determined by the membrane filter method at 400-450x magnification (4 mm objective) phase contrast illumination. Respirable Dust : Fraction passing a size-selector with the following characteristics : Areodynamic Diameter (µm) % passing selector (Unit density sphere) < 2 90 2.5 75 3.5 50 5.0 25 10 0
  • 70. 70 THE THIRD SCHEDULE [See sections 89 & 90] LIST OF NOTIFIABLE DISEASES 1 Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2 Lead tetra-ethyl poisoning. 3 Phosphorus poisoning or its sequelae. 4 Mercury poisoning or its sequelae. 5 Manganese poisoning or its sequelae. 6 Arsenic poisoning or its sequelae. 7 Poisoning by nitrous fumes. 8 Carbon bisulphide poisoning.
  • 71. 71 Contd. 9 Benzene poisoning, including poisoning amide derivatives or its sequelae. 10 Chrome ulceration or its sequelae. 11 Anthrax. 12 Silicosis. 13 Poi soiling by halogens or halogen derivatives of the hydrocarbons series. 14 Pathological manifestations due to :- (a) Radium or other radioactive substances; (b) X-ray. 15 Primary epitheliomatous cancer of the skin.
  • 72. 72 Contd. 16 Toxic anaemia. 17 Toxic jaundice due to poisonous substances. 18 Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19 Byssionosis. 20 Asbestosis. 21 Occupational or contact dermatitis caused by direct contract with chemicals and paints. These are of two types, that is, primary irritants and allergic sanitizers. 22 Noise induced hearing loss (exposure to high noise levels). 23 Beriyllium poisoning
  • 73. 73 Contd. 24 Carbon monoxide. 25 Coal miners pneumoconiosis. 26 Phosgene poisoning. 27 Occupational cancer. 28 Isocyanates poisoning, 29 Toxic nephritis.
  • 74. 74 Rules. FOR COMPLIANCE OF THE PROVISIONS OF THE SECTIONS OF THE FACTORIES ACT, THE INDIVIDUAL STATE GOVERNMENTS HAS BEEN EMPOWERED TO FRAME THEIR OWN RULES FOR THE SUCCESSFUL ENFORCEMENT OF THE ACT, IN THEIR PROVINCES AND UNION TERROTERIES, HENCE SIMILARLY BASED ON THESE LINES GOVERNMENT OF MADHYA PRADESH HAS ALSO IMPLIMENTED THE M. P. FACTORIES RULES 1962, PRESCRIBING TOTAL NUMBER OF 131 RULES AND 37 FORMATS DISTRIBUTED IN TEN CHAPTERS, COVERING THE ENTIRE RANGE OF THE SECTIONS PROVIDED IN THE FACTORIES ACT, 1948. FOR THE PURPOSE THERE IN.