Aa act 48

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Aa act 48

  1. 1. INSIGHT ON The FACTORIES ACT, 1948 1 Varun Chandok
  2. 2. What the Department of Factories is all about? One amongst the 50+ Government departments 2
  3. 3. LABOUR LEGISLATIONS 3
  4. 4. LABOUR LEGISLATIONS Labour : • Earning member of either sex • 3/4th of the population Various fields : • Factories • Shops • Establishments • Plantation • Mines, etc. 4
  5. 5. LABOUR LEGISLATIONS Unfold the history • Labourers have been exploited • They have been made to face lot of problems at their work place. This has paved way for designing Legislation : Labour legislations are the laws or legislations designed to protect the interest and various aspects relating to the persons employed / working in various fields. 5
  6. 6. More Than 60 LABOUR LEGISLATIONS OBJECTIVE - ENSURE PROTECTION TO LABOURERS Safety Health Working conditions Environment Wages Social security Industrial relations PROTECTION 6
  7. 7. CATEGORIES OF LABOUR LEGISLATIONS Legislations on Safety, environment, and working conditions : • The Factories Act, 1948 • The Indian Boilers Act, 1923 • The Fatal Accident Act, 1855 • The Indian Dock Labourers Act, 1934 • Dock Workers (Regulation and Employment) Act, 1948 • The Mines Act, 1952, etc. 7
  8. 8. CATEGORIES OF LABOUR LEGISLATIONS Legislation on Industrial Relations • The Trade Unions Act, 1926 • The Industrial employment (Standing Orders) act, 1946 • Industrial Disputes Act, 1947 Labour legislation on wages • The Payment of Wages Act, 1936 • The Minimum Wages Act, 1948 • The Payment of Bonus Act, 1965 • The Equal Remuneration Act, 1976 8
  9. 9. CATEGORIES OF LABOUR LEGISLATIONS Labour legislations on social security • The Workmen Compensation Act, 1923 • The Maternity Benefit Act, 1961 • The Payment of Gratuity Act, 1972 9
  10. 10. RATE OFACHIEVEMENT • Though many legislation are in force • Not much is accomplished REASONS • Scanty respect for the Law • Misconception - Proposition involves in huge expenditure • Lack of appreciation of the hazards • Lack of concern • Misconception - accident is the act of God - Can not be prevented • Laxity in behavioural change 10
  11. 11. IS IT REQUIRED? To thrive, industry is required to produce • High quality of goods • Goods with less cost Market Protected Competitive • Many parameters influence this; • Safe and healthy environment is also one amongst the parameters. 11
  12. 12. FACTORIES ACT, 1948  A Comprehensive law for the persons working at a specific domain – factories.  Regarded as one of the Benevolent, Noble and a Comprehensive Labour Legislation which is in force in our country.  Covers significant issues relating to the persons employed in factories.  Secures - Safety Health Welfare  Regulates - Working Hours 12
  13. 13.  Ensures - Annual leaves with wages  Provides - Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of children FACTORIES ACT, 1948 Series of amendments have been made time and again to increase the scope of the Act. 13
  14. 14. Road map to the legislation. 14
  15. 15. HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948) > 100 Years Old Legislation : Last two decades of the 18th century, i.e., 1880, 1890, 1900 Conditions : • No control over the conditions of the employment of workmen employed in industries • Employers used to bargain with the employees • Child employment was predominant in factories • Introduction of machines and new processes lead to accidents and deaths • There was no stipulated timing of work 15
  16. 16. HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948) • Exploited labourers • Need for a law / legislation to protect the workers • Result is the Indian Factories Act, 1881 came in to force. • To abolish child employment by fixing the minimum age to 7 years • Applicable for establishment having 100 workers; • No inspecting staff; • Initially, this didn’t serve the purpose 16
  17. 17. HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948) • Amended from time to time i.e.,1891, 1911, 1923, 1926, 1931, 1934 • After the independence, highest concern to design a legislation protecting the workers employed in the factories. • UK Factories Act, 1937 was taken as base. • This was also amended regularly, 1954, 1976, 1986 17
  18. 18. MAJOR AMENDMENTS WERE CAUSED DURING 1987 Reasons : • Bhopal Gas tragedy occurred in 1984 (Early hours of 3.12.1984) • Revealed the weakness in the existing law • Demanded the need to amend the law by incorporating special provisions to deal with chemical industries & accidents. Act was overhauled – 1987 (1.12.1987) • Many new provisions were introduced; • Penal provisions were revamped 18
  19. 19. MAJOR AMENDMENTS WERE CAUSED DURING 1987 • Hazardous process – defined Hazardous Process means any process or activity in relation to an industry categorized wherein unless special care is taken, raw materials used therein or the intermediate products, bye-products, wastes or effluents would ; - Causes of material impairment to the health of the persons engaged in - Result in general pollution 29 industries were listed as industries involving hazardous processes. 19
  20. 20. Brief Road Map to the Legislation. • The establishment of cotton mills in Bombay in 1851 followed by the establishment of jute mills in 1855 at Rishra in Bengal marked the beginning Factory System in India. • The number of factories grew steadily. During 1872-73, there were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal. • Conditions in these factories were very gloomy and awful. • First Indian Factories Act, came into force during 1881 • Comprehensive Act was enacted immediately after the independence - under the nomenclature “The Factories Act, 1948”. • This Act has seen many amendments after the independence. • Major amendments were caused during 1987 -- Reason is Bhopal Tragedy – The ghastly chemical accident 20
  21. 21. Brief Road map to the legislation. • 29 industries have been listed as industries involving hazardous processes. The industries are listed under - THE FIRST SCHEDULE (See Section 2 (cb) • Special provisions have been incorporated to govern the aspect of SHE in the said hazardous industries. • A new chapter by name “ Chapter IV A was introduced as Special provisions relating to Hazardous processes”. • Penal provisions were revamped. • Amendments are continual in the wake of industrialization. 21
  22. 22. FACTORIES ACT, 1948 • Central legislation enforced by the state government; • In force since 1.4.1949 • Social legislation • 120 provisions spread-over under 11 chapters • Act empowers state to make rules to enlarge the scope & objectives of the Act. • Rules are also amended from time to time • Extends to the whole of India • Applicable to the premises, which comes under the definition “Factory” 22
  23. 23.  120 Sections  11 Chapters  03 Schedules  142 Rules,  10 Chapters  41 Forms/Registers What the Act is all about? Enactment of Stringent provisions! IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION. 23
  24. 24. OBJECTIVES • TO SECURE SAFETY OF THE PERSONS; •TO SECURE HEALTH OF THE PERSONS FROM HAZARDOUS OCCUPATION/PROCESSES; • TO ENSURE PROTECTION FROM HAZARDOUS EQUIPMENT; • TO ENSURE SOUND WORKING ENVIRONMENT; • TO ENSURE WELFARE OF THE PERSONS; • TO PROTECT THE ENVIORNMENT; 24
  25. 25. FACTORIES ACT, 1948 • Provisions envisaged are based on : - ILO convention and recommendations - Constitutional Provisions Fundamental Rights Directive Principles 25
  26. 26. Important indicators to be understood 1. Applicability 2. Beneficiaries 3. Responsible persons 4. Inspecting staff FACTORIES ACT, 1948 26
  27. 27. APPLICABILITY Applies to “Factories” 1. Definite Premises where 10 and more workers; Manufacturing process, Power – Section 2m(i) 2. Definite Premises where 20 and more workers; Manufacturing process; No power – Section 2m(ii) 3. Act empowers State Government to declare all or any of the provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. – Section 85(i) 1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical substances as listed under schedule 1 of MAH (K) Rules, 1994. contd., 27
  28. 28. Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central, Government, Local Bodies etc., APPLICABILITY 28
  29. 29. BENEFICIARIES (Target Group) • Workers employed in the registered factories “Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process Workers under the Act, includes 1. Permanent 2. Temporary 3. Contract 4. Casual , 5. Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc., “Apprentice” under the Apprentice Act, 1961 are not the workers. However as per Section 14 of the Act – provision of health, safety & welfare are applicable to the said category. 29
  30. 30. 30
  31. 31.  A person employed in any manufacturing process or cleaning or any work incidental to manufacturing process.  A person employed, directly or by or through any agency with or without knowledge of the principal employer.  Whether for remuneration or not.  Relationship of master & servant  [section 2(l)]. 31
  32. 32. Manufacturing process means any process for- • (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or • (ii) pumping oil, water, sewage or any other substance; or • (iii) generating, transforming or transmitting power; or • (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding • (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; • (vi) preserving or storing any article in cold storage. • [section 2(k)]. 32
  33. 33. • “Adult” means a person who has completed his eighteenth year of age • “Adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year • “Child” means a person who has not completed his fifteenth year of age • “Young person” means a person who is either a child or an adolescent 33
  34. 34. • “Day” means a period of twenty-four hours beginning at midnight; • "week" means a period of seven days beginning at midnight on Saturday night • “Calendar year” means the period of twelve months beginning with the first day of January in any year • “Power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; • “Prime mover” means any engine, motor or other appliance which generates or otherwise provides power 34
  35. 35.  State on its own or on application by occupier Different departments of a factory be treated as separate factories or two or more factories shall be treated as single factory 35
  36. 36.  The establishment of hotel would not fall for classification as a factory under section 2(m) of the Act; Lal Bovta Hotel Aur Bakery Mazdoor Union v. Ritz Private Ltd., 2007 (113) FLR 568.  In the case of a company, which owns a factory, it is only one of the directors of the company who can be notified as the occupier of the factory for the purposes of the Act and the company cannot nominate any other employee to be the occupier of the factory under section 2(n); Container Corporation of India Ltd. v. Lt. Governor Delhi, 2002 LLR 1068 : 2003 (98) FLR 653.  Commercial establishment receiving the products in bulk and after unpacking such bulk products pack them according to the customers‟ requirements and despatch such products to customers. Such an act is manufacturing process within the meaning of section 2(k); Parry & Co. Ltd. v. Presiding Officer, II Additional Labour Court, Madras, (1998) I LLJ 406 36
  37. 37.  Under section 2(m) "Factory" means any premises including the precincts thereof in which a manufacturing process is being carried on Explanation II of section 2(m) sets out that the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof would not render a unit into a factory if no manufacturing process is carried on in such premises or part thereof. Seelan Raj v. Presiding officer 1st Additional Labour Court, Chennai, 2001 LLR 418  All the workers employed by the construction company would squarely attract the definition of the term „workman‟ as found in section 2(l) of the Act as they are working for remuneration in a manufacturing process carried out by the project; Lal Mohammad v. Indian Railway Construction Co. Ltd., AIR 1999 SC 355.  For the purpose of section 2(n) what is to be seen is who has the „ultimate‟ control over the affairs of the factory. Relevant provisions regarding establishment of the Indian Oil Corporation Ltd., and its working, leave no doubt that the ultimate control over all the affairs of the Corporation, including opening and running of factories, is with the Central Government. Acting through the corporation is only a method employed by the Central Government for running its petroleum industry. In the context of section 2(n) it will have to be held that all the activities of the Corporation are really carried on by the Central Government with a corporate mask; Indian Oil Corporation v. Labour Commissioner, AIR 1998 SC 2456. 37
  38. 38. RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act. • OCCUPIER means the person who has got the ultimate control over the affairs of the factory. • Proprietorship - Proprietor • Partnership - One of the partner • Company - One of the director • State or Central - Persons so nominated by the Government owned respective governments. 38
  39. 39. RESPONSIBLE PERSONS ••MANAGER means a person responsible to the occupier for the working of the factory. He has to be nominated by the occupier. 1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981 JK Industries LTD., and others V/S CIFB and others etc., 39
  40. 40. OCCUPIERS RESPONSIBILITY (GENERAL)• PREVIOUS PERMISSION TO LOCATE THE FACTORY, • SHOULD OBTAIN LICENCE TO THE PREMISES, • LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY, • OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER, • MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE, • SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY ARE AT WORK. 40
  41. 41. RESPONSIBLE PERSON[S] MANAGER? “ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF THE FACTORY & FOR THE PURPOSES OF THE ACT” • RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY? • Maintenance of registers, furnishing OT slips, leave cards • Furnishing of returns • Submission of notice to work on Sunday • Intimation about the reportable accidents, dangerous occurrences. Change in Manager? With in a week’s – Form no. 3A 41
  42. 42.  The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A]. 42
  43. 43. The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory, send a notice to the Chief Inspector containing- • (a) The name and situation of the factory; • (b) The name and address of the occupier; • (c) The name and address of the owner of the premises • (d) The address to which communications relating to the factory may be sent; • (e) The nature of the manufacturing process; • (f) The total rated horse power installed or to be installed in the factory; • (g) The name of the manager of the factory for the purposes of this Act; • (h) The number of workers likely to be employed in the factory; • (i) Such other particulars as may be prescribed 43
  44. 44. OCCUPIERS RESPONSIBILITY • Approval of building plan and the machinery layout • Application of registration and grant of license • Renewal of factory license • At a time renewal for 3 years • Obliged to comply with the applicable provisions of the Act • Most importantly he is required to ensure SHE management at the site without any compromise. 44
  45. 45. SPECIFIC RESPONSIBILITIES OF THE OCCUPIER •Occupational health centre shall be equipped with all requirements as envisaged under the rules and shall be kept in charge of qualified doctor with assistants such as nurse,compounder and sweeper. • Ambulance van for transportation of serious cases of accidents or sickness. • Decontamination facilities for emergency. The facilities includes drenching showers, eye wash bottles filled with distilled water to remove contamination with hazardous and corrosive substances. 45
  46. 46. SPECIFIC RESPONSIBILITIES OF THE OCCUPIER • Maintain accurate and upto date health records who are exposed to hazardous process & hazardous chemicals • Appointment of personnel who possess qualifications and competency in supervising the works of handling, storing, of chemicals etc., at the work place. • Integrating pre-employment and periodical medical examinations upon the workers who exposed to hazardous jobs and who are required to handle hazardous chemicals. • Occupational health centres shall be provided and maintained to cater to the compliance of periodical and pre- employment medical examinations. 46
  47. 47. RESPONSIBILITIES OF THE MANAGER Manager is a person appointed by the occupier for the purpose of the Act. He is a person responsible to the occupier for working of the factory for the purpose of the Act. Specific duties : • Responsible to maintain all the statute registers • Responsible for submission of returns, accident reports, returns, etc. • Responsible to submit notice regarding working on Sunday, over time works, etc. • He is jointly responsible with the occupier in implementing the applicable provisions of the Act. 47
  48. 48. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER S 41 B • Occupier should disclose Information of chemical substances, quantity Information regarding dangers • Information regarding health hazards • Measures to over come dangers and health hazard to the workers, to the CIF&B and the local Inspector. HOW TO ACCOMPLISH • By obtaining or developing MSDS(Material saftey Data sheet) which contains identity of the materials, physical and chemical properties, fire and explosion data, reactive hazards, health hazard data, hazard identification, safe usage data, emergency response data, 48
  49. 49. • Act also provides certain rights and highlights the obligations of the workers in ensuring safety at the work place. • The occupier and manager carry vicarious responsibilities. • Two types of responsibilities • Vicarious (though he is not directly connected, ultimately they will be held) • Absolute 49
  50. 50. RIGHT OF THE WORKERS TO WARN ABOUT IMMINENT DANGERS S 41 H •workers have reasonable apprehension of imminent danger to their lives or health due to any accident, bring to the knowledge of the occupier and manager directly or through their representative of the safety committee. • It is the duty of occupier and manager to initiate immediate necessary action. • If it is disputed, the matter is required to be referred to the Inspector, whose decision is final in this matter. Punishment for Non Compliance 50
  51. 51. INSPECTING STAFF - INSPECTORS • Act empowers State Government to appoint persons as Inspectors • Qualification is defined • Scope and limits are defined through Notifications. • Act has prescribed the duties and powers of the Inspectors • Deputy commissioner of the District – is also an Inspector • Government can notify persons as Inspectors - Notification THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES. 51
  52. 52. 52
  53. 53.  Enter factory premises for investigation  Examine the premises to secure SHE  Inquire into any accident or dangerous occurrence  Require the production of any prescribed register or document  Seize, or take copies of, any register, record or other document  Take measurements and photographs and make such recordings  Exercise such other powers as may be prescribed  No person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself . 53
  54. 54. DUTIES OF THE INSPECTOR • He is required to visit the factories which is under the ambit of the law to check that the applicable provisions are implemented. • He is required send a status report in respect of major accident hazard units • He is required to investigate the accidents 54
  55. 55.  State Government may appoint qualified medical practitioners to be certifying surgeons  Duties of surgeons  (a) the examination and certification of young persons under this Act;  (b) the examination of persons engaged in factories in such dangerous occupations or processes  (c) supervising the factories where  (i) cases of illness have occurred which are due to the nature of the manufacturing process or  (ii) due to manufacturing process there is a likelihood of injury to the health of workers or  (iii) young persons are employed in any work which is likely to cause injury to their health. 55
  56. 56. GENERAL DOMAIN OF THE LAW 56
  57. 57. GENERAL DOMAIN OF LAW • APPROVAL AND LICENCING TO THE PREMISES • HEALTH INITIATIVES • WELFARE SCHEMES • SAFETY MANAGEMENT • STATUTORY DISPLAYS • STATUTORY COMMITTEES • STATUTORY REGISTERS • STATUTORY RETURNS • REGULATION OF WORKING HOURS OF ADULTS • ANNUAL LEAVE WITH WAGES contd., 57
  58. 58. FOCUSSED AREAS • REPORTING OF ACCIDENTS • REPORTING OF DANGEROUS OCCURRENCE • REPORTING OF NOTIFIABLE DISEASES • PROVISIONS RELATING TO WOMEN WORKERS • PROVISION RELATING TO CHILD • PROVISIONS RELATING TO NO. OF EMPLOYEES • TRAINING & EDUCATION PROGRAMMES • OBTAINING OF EXEMPTION SCHEMES • PENALTY AND PROCEDURES 58
  59. 59. APPROVAL/LICENCING • APPROVAL OF PLANS • REGISTRATION AND RENEWAL OF FACTORY LICENCE • AMENDMENT & TRANSFER IN THE LICENCE 59
  60. 60. APPROVAL/LICENCING S.6 APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING: • PROPOSED CONSTRUCTION • EXTENTION TO EXISTING FACTORY BUILDING • FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES • RESITING OF MACHINES • APPLICATION TO GOVT.OR CI BEFORE MAKING ANY CHANGES ALONG WITH REQUISITE DOCUMENTS • NO COMMUNICATION RECEIVED WITHIN 3 MONTHS FROM DATE OF SUBMISSION, PERMISSION DEEMED GRANTED. • APPEAL WITHIN 30 DAYS OF REJECTION 60
  61. 61. LICENCING REGISTRATION AND GRANT OF FACTORY LICENCE • BEFORE STARTING THE FACTORY, THE APPLICATION TO THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE 15 DAYS. • LICENCE WILL BE GRANTED IN FORM 3. • NO COMMUNICATION IS RECEIVED WITHIN 3 MONTHS FROM THE DATE OF SUBMISSION, REGISTRATION DEEMED TO BE GRANTED. • LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. • OPTION HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT EXCEEDING THREE YEARS. 61
  62. 62. 62
  63. 63. LICENCING WHAT IS AMENDMENT/TRANSFER. • APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS. • DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF • IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON. 63
  64. 64. LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD • TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY OF LICENCE. • FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE INSPECTOR BEFORE THE FACTORY OR THE SECTION OR DEAPRTMENT THEREOF AS THE CASE MAY BE , STARTS WORKING AGAIN. DURING INTENDED CLOSURE • IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY SECTION OR DEPARTMENT THEREOF IMMEDIATELY IT IS DECIDED TO DO, THE OCCUPIER OR MANAGER SHALL REPORT TO THE INSPECTOR 64
  65. 65. HEALTH FRONT • HOUSE KEEPING/CLEANLINESS • OVERCROWDING • LIGHTING • DRINKING WATER • LATRINE AND URINALS • SPITTONS 65
  66. 66.  The working conditions should be clean and safe.  Clean the floor at least once a week by washing, or by some effective method.  Effective means of drainage shall be provided.  White wash every 14 months  Paint / varnish every 5 years  Daily sweeping  Register of coloring must be maintained (as per factories act 66
  67. 67. HEALTH ISSUES HOUSE KEEPING/CLEANLINESS • THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED • PARTICULARS OF THE ROOM SIZE • OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER OF SPACE • MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141 Sl.no Type of coatings Periodicity 1 Building is Painted and varnished Once in five years 2 Inside walls is Painted with washable paint Once in three years 3 4 Internal walls is Lime washed or colour washed Doors, frames, wooden or frame works Once in 14 months. Once in 5 years. 67
  68. 68. Clean work environment 68
  69. 69.  There should be proper arrangements or disposal of wastes and effluents.  Follow state govt. rules… 69
  70. 70.  Proper level of ventilation temperature and humidity must be maintained.  Make provisions for reducing excess heat and comfortable working conditions to prevent injury to health 70
  71. 71. LIGHTING AND VENTILATION • Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross ventilation • Adequate openings, 15% of floor area shall be kept open for natural ventilation • Mechanical system of ventilation incase of shortage of windows • Overcrowding – 14.2 cu.meter of space per person 71
  72. 72.  Effective measures should be taken to prevent inhalation or accumulation of dust & fume.  If any exhaust appliance is necessary for, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity. 72
  73. 73. • Factories in which the humidity of the air is artificially increased(like in textile units), keep it in limits. • The water used for artificial humidification to be clean. 73
  74. 74.  14.2 cubic metres space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into account.  Notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises. 74
  75. 75.  Sufficient & suitable lighting in every part of factory. There should natural lighting as far as possible.  All glazed windows and skylights used for the lighting of the workroom shall be kept clean.  Formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented. 75
  76. 76.  There should be drinking water (wholesome water)  Drinking points to be marked as drinking water. They should be at least 6 meters away from wash room/urinal/ latrine/spittoons.  If >250 workers are working, then have cool water facility also. 76
  77. 77.  There should be separate – for male and female.  Proper cleaning should be there. 77
  78. 78. Sufficient toilet and urinal accommodations - One for every twenty five workmen. • Toilet accommodations shall be maintained in clean and hygienic conditions. • Separate facilities for the women workmen. • Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured. • Sweepers shall be employed to keep the facility neat and tidy. TOILET FACILITIES Sec.19 78
  79. 79. 79
  80. 80.  There should be sufficient number of spittoons.  No person shall spit within the premises of a factory except in the Spittoons provided for the purpose  Whoever spits in contravention shall be punishable with fine not exceeding five rupees 80
  81. 81. Drinking water Adequate drinking water in clean and hygienic conditions shall be provided and maintained. • Minimum of 5 liters of water per person. • Drinking water shall be kept at convenient places. • If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer. • If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May. 81
  82. 82. 82
  83. 83.  CHAPTER IV DEALS WITH SAFETY OF WORKERS… 83
  84. 84.  Every dangerous parts must be securely fenced.  The State Government may by rules prescribe such further precautions. 84
  85. 85.  Examination of machinery in motion only by a specially trained adult male worker wearing tight fitting clothing.  No women or child should be allowed to work. 85
  86. 86.  No young person should be allowed to work on dangerous machines (unless he has been trained, and is under supervision).  Young person = 14 to 18. 86
  87. 87.  There should be suitable striking gears etc. to switch off the power, so that if there is any emergency, problem can be solved. 87
  88. 88.  Make sure that no person should walk in a space within 45 cm from any fixed structure which is not a part of machine. 88
  89. 89.  All machinery driven by power & installed should be so sunk, encased or otherwise effectively guarded as to prevent danger. 89
  90. 90.  No women and children are allowed to work on cotton openers. 90
  91. 91.  Every hoist and lift should be in good condition, and properly checked.  The maximum load it can carry – must be clearly mentioned.  The gates should be locked by interlocking / safe method (it should not open in between).  To be properly examined in every 6 months. 91
  92. 92.  Cranes & lifting machines, etc. to be of good construction & to be examined once in every 12 month.  Cranes and lifting machines not to be loaded beyond safe working load.  Cranes not to be approach within 6 metres of a place where any person is employed or working. 92
  93. 93.  Maximum safe speed must be mentioned for each machine.  Speed indicated in notices should not to be exceeded. 93
  94. 94.  There should be safe working pressure on pressure plants.  Effective measures should be taken to ensure that the safe working pressure is not exceeded. 94
  95. 95.  All floors, steps, stairs, passages & gangways should be of sound construction & properly mentioned. 95
  96. 96.  Pits, sumps etc. should be securely covered or fenced. 96
  97. 97.  No person should be employed to hold more weight than the person can hold. 97
  98. 98.  Provide goggles if workers have to work on something stretching to the eyes. 98
  99. 99.  Prohibited to employ workers in places where dangerous gas / fume is present.  Practicable measures should be taken for removal of gas, fume, etc. 99
  100. 100.  It should not be above 24 volts 100
  101. 101.  Take all measures for safety and to prevent explosion on ignition of gas, fume etc. 101
  102. 102.  There should be separate exit for cases of fire.  There should be facilities for extinguishing fire. 102
  103. 103.  Section 39, 40 and 40A talk about various roles that have been assigned to the inspector.  He may call for details regarding building, machines etc. 103
  104. 104.  If 1000 or more workers are employed, appoint a separate safety officer. 104
  105. 105.  The State Government may make rules requiring the provision in any factory of such further devices & measures for securing the safety of persons employed therein as it may deem necessary. 105
  106. 106. SAFETY • EQUIPMENT SAFETY, • PERSONAL SAFETY • MATERIAL SAFETY • PROCESS SAFETY • PERSONAL PROTECTIVE EQUIPMENT • EXCESSIVE WEIGHTS GENERAL SAFETY MANAGEMENT INCLUDES 10 6
  107. 107. EQUIPMENT SAFETY BASICALLY EQUIPMENT SAFETY INCLUDES • Good construction with all safety features • Sound material and adequate strength • Free from defects, properly maintained • Periodical Inspections to ensure integrity • Equipment should be safe, periodical inspection • Information, instruction and training and supervision 10 7
  108. 108. MATERIAL SAFETY MATERIAL SAFETY INCLUDES • Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored. • MSDS shall be readily available • Information, instruction, training and supervision • Periodical medical surveillance • Inventory and storage 10 8
  109. 109. PROCESS SAFETY BASICALLY PROCESS SAFETY INCLUDES • Type of process, chemistry involved • Hazards, risk and vulnerability Analysis • Equipment integrity against the hazards • Protection against the hazards • Measures required during the process 10 9
  110. 110. PERSONAL SAFETY BASICALLY PERSONAL SAFETY INCLUDES • Issue of personal protective equipment according to the circumstances and conditions. • Decontamination facilities, washing facilities • Periodical medical surveillance • Maintenance of health records. • First aid, OHC, ambulance room, ambulance van • Training, Education, Supervision 11 0
  111. 111. SAFETY MANAGEMENT EXCESSIVE WEIGHTS No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below Adult male 50kgs Adult female 30kgs Adolescent male 30kgs Adolescent female 20kgs Male child 16kgs Female child 14kgs 11 1
  112. 112. PERSONAL PROTECTIVE EQUIPMENT 11 2
  113. 113. PERSONAL PROTECTIVE EQUIPMENT • shall have certification by ISI or any equivalent standard approved by the state government. • Except under Section 46 no fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided or any equipments on appliances to be supplied by the occupier – Section 114 11 3
  114. 114. 11 4
  115. 115.  Chapter V  There are a number of provisions in the factories act regarding welfare facilities for the workers. 115
  116. 116.  Washing facilities(Sec 42)  Facilities for, storing & drying clothes(Sec43)  Facilities for sitting(Sec 44)  First aid appliances(Sec 45)  Canteen( Sec46)  Rest room, shelters, lunch room( Sec 47)  Creches (Sec 48)  Welfare Officers(Sec 49)  Power to make rule(Sec 50) 116
  117. 117. WASHING FACILITIES s.42 • ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND MAINTAINED FOR THE USE OF THE WORKERS. • IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD BEAR CONSPICUOUS NOTICE “ FOR WOMEN ONLY” • WATER SUPPLY TO THE WASHING FACILITIES SHOULD YIELD AT LEAST 27 LITERS OF WATER FOR EACH PERSON. • IF ADEQUATE WATER FACILITY IS NOT AVAILABLE, EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5 LITRES OF WATER PER PERSON EMPLOYED. 11 7
  118. 118. 11 8
  119. 119. 11 9
  120. 120.  There should be facility so that worker can place their cloth not worn during the manufacturing process.  There should be facility so that worker can dry their wet cloth. 120
  121. 121.  Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position  If the worker can do the work by sitting, - there should be sitting arrangement for the worker. 121
  122. 122. FIRST AID APPLIANCES s.45 • FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THE EQUIPMENT PRESCRIBED. • EQUIPPED FIRST AID BOXES SHALL BE KEPT IN CHARGE OF PERSONS TRAINED IN THE FIRST AID TREATMENT. • FIRST AIDER SHOULD HOLD CERTIFICTAE IN FIRST AID TREATMENT RECOGNISED BY THE STATE GOVERNMENT. • NO. OF FIRST AID BOXES AND CUP BOARDS SHALL BE ONE FOR EVERY 150 WORKERS. • A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS. 12 2
  123. 123. 12 3
  124. 124. AMBULANCE ROOM • THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN 500 WORKERS ARE EMPLOYED • ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH STANDARDS AND SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL BE SEPARATE FROM THE REST OF THE FACTORY. • THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY • DRINKING WATER FACILITY SHALL BE PROVIDED • THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED • NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM. • AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER, NURSING ATTENDANT IN EACH SHIFT. 12 4
  125. 125. AMBULANCE ROOM • AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD CONDITIONS. • EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A DOCTOR IN ALL THE THREE SHIFTS. • EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS. 12 5
  126. 126. 12 6
  127. 127. 12 7
  128. 128. 12 8
  129. 129. 12 9
  130. 130. 13 0
  131. 131. CANTEEN s 46 • IT IS STATUTORY WELFARE SCHEME • APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250 • BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS • SUFFICIENTLY VENTILATED AND LIGHTED • LIME WASHED ONCE IN A YEAR • IF IT IS PAINTED, REPAINTED ONCE IN THREE YEARS • PRECINTS SHALL BE NEAT AND TIDY AT ALL TIMES • DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING • .93 SQUARE METER OF AREA SHALL BE THERE PER PERSON • A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN PROPORTION OF THEIR STRENGTH • WASHING PLACE SHALL BE PROVIDED. • SUFFICIENT TABLES, CHAIRS OR BENCHES SHALL BE PROVIDED. 13 1
  132. 132. CANTEEN • FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO PROFIT AND NO LOSS BASIS • SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT SHALL BE PROVIDED BY THE MANAGEMENT. • PRICED CHARGED SHALL BE APPROVED BY THE CMC • ITEMS SERVED AND PRICES LEVIED SHALL BE DISPLAYED • CANTEEN ACCOUNT SHALL BE AUDITED EVERY YEAR FROM CHARTERED ACCOUNTANT AND BALANCE SHEET SHALL BE MADE AVAILABLE TO THE CANTEEN MANAGING COMMITTEE WITH IN 12 MONTHS. • CANTEEN MANAGING COMMITTEE SHALL BE APPOINTED BY THE MANAGER • COMPOSITION IS DEFINED. MANAGEMENT PERSONNEL ARE NOMINATED. WORKERS REPRESENTATIES SHALL BE ELECTED. • THE MEMBERS CONSISTS OF MINIMUM ONE FOR EVERY 100O WORKMEN, BUT IT SHOULD BE IN ANY CASE NOT MORE THAN 5 AND NOT LESS THAN 2 • DISSOLVED ONCE IN 2 YEARS AND NEW CMC SHALL BE CONSTITUED 13 2
  133. 133. CANTEEN • CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY CONDITIONS AT ALL TIMES • THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF 12 MONTHS • THE EXAMINATIONS INCLUDE • ROUTINE BLOOD EXAMINATION • BACTERIOLOGICAL TESTING OF FAECES AND URINE • ANY OTHER SPECIFIC EXAMINATIONS TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS DISEASES. • CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE PERSONS EMPLOYED IN THE FACTORY – SPECIFIC DELIBERATION WITH REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS. • HISTORICAL CITATONS “ GOVERNMENT OF ANDHRA PRADESH V/S BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1 LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP 13 3
  134. 134. 13 4
  135. 135. SHELTER, REST & LUNCH ROOM s.47 • THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE THAN 150 • THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS • HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.12 SQUARE METER PER PERSON • ADEQUAE LIGHTING AND VENTILATION • CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE PROVIDED • KEPT NEAT AND TIDY AT ALL TIMES • WASHING FACILITIES AND DRINKING WATER FACILITIES SHALL BE PROVIDED. 13 5
  136. 136. CRECHE S. 48 • THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN IS MORE THAN 30 • THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS • HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE METER PER CHILD • ADEQUAE LIGHTING AND VENTILATION • KEPT NEAT AND TIDY AT ALL TIMES • EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER CHILDREN. • CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN • ADEQUATE TOYS FOR OLDER CHILDREN • SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN13 6
  137. 137. CRECHE • WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND SANITARY CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE AVAILABLE FOR WASHING AND BATHING. • CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED • PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED • MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD • CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH WHOLE SOME REFRESHMENT • IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION • CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR EVERY 20 CHILDREN 13 7
  138. 138. CRECHE • WOMEN IN CHARGE SHOULD POSSESS NURSES QUALIFICAITON OR 18 MONTHS CERTIFICATE IN CHILD CARE EITHER FROM HOSPITAL OR MATERNITY HOME • ONE SWEEPER SHALL BE EMPLOYED. 13 8
  139. 139. 13 9
  140. 140. 14 0
  141. 141. 14 1
  142. 142.  Crèche - > 30 women workers  Restroom / shelters and lunch room - > 150 workmen  Cooled drinking water - > 250 workers  Canteen - > 250 workers  Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers  Welfare officer - > 500 workers  Lady welfare officer - > more nos. of women workers 142
  143. 143. STATUTORY APPOINTMENTS/RECOGNITION • SAFETY OFFICER • WELFARE OFFICER • MEDICAL OFFICER • COMPETENT & QUALIFIED SUPERVISORS • COMPETENT PERSON • ACCREDITION AGENCIES TO CONDUCT SAFETY AUDITS. 14 3
  144. 144. SAFETY OFFICER 14 4
  145. 145. SAFETY OFFICER • IT IS A STATUTORY APPOINTMENT • WHEREIN 1000 OR MORE WORKERS ARE EMPLOYED • STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL 14 5
  146. 146. SAFETY OFFICER NO. OF SAFETY OFFICERS TO BE EMPLOYED? • MORE THAN 1000 AND LESS THAN 2000 - 1 • MORE THAN 2000 AND LESS THAN 4000 - 2 • MORE THAN 4000 AND LESS THAN 6000 - 3 • ABOVE 6000 AND NOT EXCEEDING 8000 - 4 • ABOVE 8000 AND NOT EXCEEDING 10000 - 5 • FOR EVERY INCREASE OF 3000 OR PART THEREOFF - 1 14 6
  147. 147. Welfare Officer • Statutory appointment • Mandatory incase of workers strength is more than 500 • Separate rules governing duties, qualification and conditions of service is in force. 14 7
  148. 148. • Number of welfare officers required is one for 500 or more to 2000 workers. • Additional welfare officer for every additional 2000 • Qualification is prescribed - degree from the university recognized by the Government and obtained a degree or diploma in social science with PM and IR and labour welfare as their papers. • He should have adequate knowledge of the language spoken by the majority of the workers. • Duties have been clearly prescribed. • He is not supposed to deal with disciplinary cases or appear on behalf of occupier against workers. 14 8
  149. 149. MEDICAL OFFICER • IT IS A STATUTORY APPOINTMENT • WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED • QULIFICATION AND CONDITIONS 14 9
  150. 150. QUALIFIED SUPERVISORS • THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES • QUALIFICATIONS PRESCRIED 15 0
  151. 151. COMPETENT PERSON • PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE TO CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER THE ACT. THE VARIOUS AREAS INCLUDES: • LIFTING MACHINES, HOISTS, LIFTING TACKLES • EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER PRESSURE. • CENTRIFUGAL MACHINES • POWER PRESSES • RACTION VESSELS, • GAS HOLDERS • BLASTING ENCLOSURES • EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST • SOLVENT EXTRACTION PLANTS 15 1
  152. 152. AUDITS AND ACCREDITONS • THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES • AUDITS SHALL BE INTERNALLY ONCE IN A YEAR & EXTERNALLY ONCE IN TWO YEARS BY A COMPETENT AGENCY ACCREDITED . • AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF INSPECTOR ALONG WITH COMPLIANCE. • ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY REPORTS IS REQUIRED TO BE UPDATED. 15 2
  153. 153. EXEMPTION PROVISIONS TO WORK ON SUNDAY TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK TO MAINTAIN CRECHE TO EMPLOY WOMEN WORKERS UP TO 10PM TO INCREASE THE SPREADOVER TIME IN A SHIFT LEAVE RULES EXEMPTION IN CASE OF OVER CROWDING EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO INSTITUTION MAINTIANED FOR THE PURPOSE OF TRAINING, EDUCATION OR REFORMATION MOTOR VEHICLE SPEED INSIDE THE PREMISES TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS. 15 3
  154. 154. WORKING HOURS FOR ADULTS Act regulates the working hours for adult workers employed in the factories • Weekly hours / Daily hours; • Weekly holidays • Interval for rest • Extra wages for overtime • Spread over – 10½ hours – 12 hours • Restriction of double employment • Notice of periods of work – contrary is not allowed • Power to make exempting orders • Restriction on employment of women 15 4
  155. 155.  Sec.51-Weekly hours not more than 48 hours a week  Sec.52-First day of the week i.e. Sunday shall be a weekly holiday  Sec.53-Compensatory holidays  Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month. 155
  156. 156.  Sec.54-Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day  Sec.55-Intervals for rest-no worker shall work for more than 5 hours before he has had an interval for rest of at least 1/2 an hour.  Inspector may increase it upto six hours. 156
  157. 157.  Inclusive of rest intervals they shall not spread over more than 10-1/2 hours in any day  Inspector may increase the spread over up to 12 hours. 157
  158. 158.  If shift extends beyond midnight , a holiday for him will mean a period of 24 hours beginning when his shift ends. 158
  159. 159.  Work shall not be carried in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in the work of same kind at the same time. 159
  160. 160.  If workers work for more than 9 hours a day or more than 48 hour a week, extra wages should be given.  Wages at twice the ordinary Rate. 160
  161. 161.  No worker is allowed to work in any factory on any day on which he has already been working in any other factory 161
  162. 162.  Notice to be displayed at some Conspicuous place.  Periods to be fixed beforehand  Classification of workers-Groups.  Copy of Notice in Duplicate & any change to be sent to Inspector. 162
  163. 163.  The manager should maintain Register of Adult workers showing- - Name - Nature of work - The Group etc. Of each & every Adult Worker in the factory.  The Register shall be available to the Inspector at all time during working hours. 163
  164. 164. ANNUAL LEAVE WITH WAGES One day for every twenty days Eligibility : • 240 days in a calendar year – his/her service is from beginning of the calendar year; • 2/3rd of the calendar year – his/her service begins in the middle of calendar year • Issue of leave books in Form no. 15 • Leave with wages register in Form no. 14 • Any discharge / dismissal – benefit shall be settled immediately. 16 4
  165. 165.  Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year. 165
  166. 166.  A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days.  Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, 166
  167. 167. PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS Occupational health centre – Industries grouped under Section 2(cb) – compliance is mandatory. • Employing up to 50 workers • Factory Medical officer on retainer ship basis • He will carry out pre employment and periodical medical examinations. • Minimum of five persons trained in first aid, one shall always during the working period. 16 7
  168. 168. PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries involving hazardous process – provision is mandatory. • Employing up to 51 - 200 workers • OHC having a room with minimum floor area 15 sq.meter. • Factory Medical officer on part time basis - visit the factory twice in a week. • He will carry out preemployment and periodical medical examinations. • One qualified and trained dresser cum compounder on duty throughout the working period. 16 8
  169. 169. PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS Occupational health centre – Industries – 2(cb) – provision is mandatory. • Employing more than 200 workers • OHC having two rooms with minimum floor area 15 sq.meter. • One full time Factory Medical officer up to 500 and one more for every additional 1000 workers. • He will carry out preemployment and periodical medical examinations. • One nurse, One qualified and trained dresser cum compounder on duty throughout the working period. 16 9
  170. 170. PROVISIONS IN THE ACT, CORRESPONDING TO WOMEN WORKERS 17 0
  171. 171. WOMEN EMPLOYMENT IN FACTORIES 17 1
  172. 172. FACTORIES ACT – WOMEN WORKERS • Prohibits the employment of women from 7 pm to 6 am. • Prohibits overtime work • Act permits the Government to notify the factories to employ women workers up to 10pm with conditions •Prohibit work on or near machinery in motion Act bars employment of women to clean, lubricate any part of the equipment S.22 •Creches S48 •Working hours not more than 48 hrs /week,9 hrs /day 17 2
  173. 173. FACTORIES ACT – WOMEN WORKERS S.66 • The conditions under which the exemptions is granted are • Written consent from the employee • Free transport up to their residence • 9 hours of rest after completion of work to the fresh period of work in the following day • No overtime work Act bars employment of women workers from 10 pm to 5 am totally. • Act bars employment of women workers in dangerous/hazardous processes S 87 •Prohibition on working in night shifts except in fish ins.,with approval of inspector S66 •Prohibit employment near cotton openers S.27 17 3
  174. 174. FACTORIES ACT –Chapter VII CHILD LABOUR 17 4
  175. 175.  No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. :  Provided that where the occupier of the factory makes adequate safeguards in the factory as regards occupational safety and health, equal opportunity for woman workers, adequate protection of their dignity, honour and safety  17 5
  176. 176.  their transportationfrom the factory premises to the nearest point of their residence,  the State Government or any person authorised by it in this behalf may, by notification in the Official Gazette, after consulting the concerned employer or representative organisation of such employer and workers or representative organisations of such workers, 17 6
  177. 177.  allow employment of woman workers between the hours of 7 P.M. and 6 A.M. in such factory or group or class or description of factories subject to such conditions as may be specified therein. 17 7
  178. 178. • Bars the employment of persons below the age of 14 Article 24 • Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon. Child – more than 14 and less 15; Adolescent – more than 15 and less than 18 • Working hour for child is four and half hour per day • Double employment of child is prohibited • Working hours for adolescent is as that of adult. • Act bears employment of child and young persons on dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine • Act bars employment of child and adolescent on dangerous manufacturing processes 17 8
  179. 179. 179
  180. 180.  No child who has not completed his 14th year allowed to work in Factory. 180
  181. 181. A child who has completed his 14th year may be allowed to work in factory if:-  a) a certificate of fitness for such work is in custody of manager of factory.  b) Such child or adolescent carries , a token giving a reference to such Certificate. 181
  182. 182.  Is a certificate issued by a certifying surgeon after examining him & ascertaining his fitness for work in factory.  Valid for 12 Months.  Revocation of Certificate by surgeon , if child is no longer fit.  Fee payable by Employer:-Fee & Renewable Fee  Effect of Certificate of Fitness:-deemed to be an adult for the purpose of hours of work. S70 182
  183. 183.  Working Hours limited to 4-1/2  Not during Nights.  Period of work limited to 2 shifts not more than 5 hrs  Entitled to weekly Holidays.  Female to work only between 6am to 7 pm.  Prohibition of children working b/w 10 pm to 6 am  Fixation of periods of work beforehand.  Prohibition on female child working b/w 8am – 7 pm 183
  184. 184.  Must be displayed in a factory 18 4
  185. 185.  The manager should maintain Register of Adult workers showing-  -Name  -Nature of work  -The Group,relays etc.  No. of Certificate of fitness.  The Register shall be available to the Inspector at all time during working hours. 185
  186. 186.  Hours of work to correspond with notice u/s 72 and register u/s 73  State govt. Power to make rules u/s 76  Prohibit work on or near machinery in motion Act bars employment of women to clean, lubricate any part of the equipment S.22  Act bars employment of women workers in dangerous/hazardous processes S23  Prohibit employment near cotton openers S.27 18 6
  187. 187. Inspector has the power to direct manager to have medical examination of young persons working in case-  Young Persons working without License.  They no longer seem to be Fit.  No further work before examination 187
  188. 188. ANNUAL LEAVE WITH WAGES One day for every twenty days Eligibility : • 240 days in a calendar year – his/her service is from beginning of the calendar year; • 2/3rd of the calendar year – his/her service begins in the middle of calendar year • Issue of leave books in Form no. 15 • Leave with wages register in Form no. 14 • Any discharge / dismissal – benefit shall be settled immediately. 18 8
  189. 189. 1) Leave Entitlement- One day for every 20/15 days of work performed in case of adult/Child who has worked for period of 240 days. 2) Computation of Period of 240 days- The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in previous year should be included. 3)Discharge, Dismissal , Superannuation ,death , quitting of employment- He , his heir , nominee as the case may be entitled to wages. 189
  190. 190. 4) Treatment of Fraction of Leave:- Half day or more is treated as full while less than half is omitted. 5) Treatment of Un-availed leave: Should be carried – forward to next calendar year but shall not exceed 30 in case of an adult & 40 in case of child. If leave unavailed due to employer carry forward without limit. 6)Application for leave to be made in writing within 15 days of commencement,30 incase of public utility. 7)Cannot avail more than 3 times a year, Scheme for grant of leave operational for 12 months. 8)Display of Scheme for grant of leave. 9) No Refusal of leave to be in accordance with Scheme 10)Payment of wages to worker for leave period if he is discharged before expiry of second working day or if he quits service on or before next pay day. 190
  191. 191.  Days of wrongful suspension to be included in 240 days  Payment of Leave in advance S81provided leave not less than 4/5 days incase of adult/child  Recoverable as delayed/unpaid wages section 82(under payment of wages act 1936 )  State govt can exempt factories u/s 84 if prevailing leave rules are more favorable 19 1
  192. 192.  Worker is entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave. 192
  193. 193. OFFENCE PENALTIES For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day S.92 On contravention of Chapter IV pertaining to safety or dangerous operations. Not less than Rs.25000 in case of death. Not less than Rs.5000 in case of serious injuries. Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. S 94 Obstructing Inspectors Imprisonment upto 6 months or fine upto Rs.10, 000 or both. S 95 Wrongful disclosing result pertaining to results of analysis. Imprisonment upto 6 months or fine upto Rs.10, 000 or both. For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger. Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year. Sec.92 to 106 19 3
  194. 194.  If there is any contravention of any of the provisions of the act, the Occupier & Manager each shall be Guilty & punishable with  Imprisonment for a term upto 2 years.  with a fine upto Rs.100000  or with Both. 194
  195. 195.  Sec.93 contravention under section 92 continued after conviction ,they(Manager& Occupier) shall be punishable with further fine which may extend to Rs. 1000 for each day on which contravention is so continued. 195
  196. 196.  If a person convicted of any offence punishable under Sec 92, is again guilty involving contravention of same provision ,he shall be punishable with  Imprisonment for a term which may extend to 3 years.  Or fine which shall not be less than 10000  Or both.  If any contravention of provision relating to safety, has resulted in an accident causing death /serious bodily injury,Fine shall not be less than Rs.35000/Rs.10000 196
  197. 197.  Offence by workers S 97 Rs 500/  Penalty using false fitness certificate S 98 Two months imprisonment or 1,000 Rs or both Permitting double child employment S 99 upto 1000 Rs Presumption as to employment if person found during working time exceptintervals for meals or rest S103 19 7
  198. 198.  No court shall take cognizance of any offence under this act except on a complaint by or with the previous section in writing of an Inspector.  The complaint shall be filed within 3 months of the date on which offence comes to the knowledge of an Inspector. But it can be six months , if offence consists of disobeying a written order made by an Inspector. 198
  199. 199.  The manager of the Factory or the Occupier on whom an order in writing by an inspector has been served, within 30 days of the notice, can appeal against it to the prescribed Authority. 199
  200. 200.  Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this act.  Further he shall not disclose to manager or occupier that the inspection is made in pursuance of the receipt of complaint. 200
  201. 201. MAINTENANCE OF REGISTERS • Muster roll cum Register of wages/salary /Subsistence allowance – Form No.22 • Register of adult workers – Form No. 11 • Register of leave with wages – Form no. 14 • Inspection book – Form no. 6, 28 & 29 • Register of accident or dangerous occurrence – Form no.23 • Register of overtime muster roll for exempted workers – Form no. 9; • Health register – Form no. 16 & 38 • Register of absenteeism or Sickness – Form no. 40 Item no. 1 & 3 are prescribed under four important legislations 20 1
  202. 202. MAINTENANCE OF REGISTERS • THE REGISTERS SHALL BE WRITTEN AFRESH EACH MONTH. • THE REGISTERS SHALL BE PRESERVED FOR A PERIOD OF 3 years • NO EXEMPTION CAN BE OBTAINED IN MAINTAINING THE REGISTERS. 20 2
  203. 203.  Muster Roll  Wage Register  Accident Register  Leave With Wage Register  Compensatory Holidays register  Register of Rooms in Factory  White Wash Registers  Inspection Register 20 3
  204. 204. DISPLAY OF NOTICES S 108 • Notice of periods of work • An abstract of the act and rules • Cautionary notices • Safety posters, catchy safety slogans • Name and address of the Inspector • Name of the Medical Officer •In English & majority language 20 4
  205. 205. DISPLAY OF NOTICES • ALL THE NOTICES TO BE DISPLAYED IN FACTORIES SHALL BE IN ENGLISH AND IN A LANGUAGE UNDERSTOOD BY THE MAJORITY OF THE WORKERS. - S.108 • NOTICES SHALL BE DISPLAYED AT CONSPICUOUS PLACE AND SHALL BE MAINTAINED IN CLEAN AND LEGIBLE CONDITIONS. - 108 20 5
  206. 206. 20 6
  207. 207. RETURNS/NOTICES TO BE SUBMITTED • Combined Annual return - Form no. 20 ( on or before 1st Feb) • Annual return under PWA – Form no. IV ( on or before 15th Feb) • Half yearly return - Form no. 21 ( on or before 15th July) • Accident return - Form no. 17 ( for reporting of fatal and reportable accident) • Form no. 23 ( on or before 5th of subsequent month) • Intention to work on Sunday 20 7
  208. 208. STATUTORY INFORMATIONS TO BE SHARED 1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT. 2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT 3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME 4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED AND STORED. 5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX PROCESSES 6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES. 7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION PROGRAMMES. 8. CONTINUOUS TRAINING CURRICULUM 20 8
  209. 209.  Prohibition on willful misuse of any appliance or convenience provided for health ,welfare & saftey  Wilfully and without reasonable cause endanger himself or others  Willful neglect to make use of provided appliance in factory to secure health, saftey  Imprisonment of 3 months or Rs 100 fine or both 20 9
  210. 210.  Obtain from occupier information reg. health ,safety at work  Get trained at factory or at training institutes /centres approved by Chief inspector through sponsership by occupier ,reg. health ,safety at work  Represent directly or through representative for protection of health ,safety at work 21 0
  211. 211.  No charge of facilities and conveniences supplied by occupier S 114  Application of act to state & central govt. factories also S 116 21 1
  212. 212. 21 2
  213. 213. Oh !!! This is due to over confidence 21 3
  214. 214. DANGEROUS OCCURRENCES S.87 (which does not result in death or bodily injury) • Bursting of plant or vessel working under pressure • Collapse of lifting equipment • Explosion or fire causing damage • Collapse of floor, gallery, roof, etc. The Said incidents also shall be reported in Form no. 17A WITH IN 12 HOURS FROM THE INCIDENT. These incidents also requires to be investigated to unearth the causes 21 4
  215. 215.  Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker contacting occupational disease should be informed to Factories Inspector. [section 88]. Notice of dangerous occurrences and specified 215
  216. 216. ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES S. 88A,89 Accidents • Reportable accidents shall be reported in Form no. 17, within 72 hours from the from the time of occurrence of accidents. • Fatal accident shall be reported within in 12 hours • Fatal Accidents are Required to be reported to: • Inspector, • District Magistrate or Sub Divisional Magistrate, • Officer in charge of the nearest police station • Relatives of the injured or deceased person Fatal Non fatal 21 6
  217. 217. ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES • ACCIDENT IS REQUIRED TO BE INVESTIGATED TO FIND OUT THE CAUSES • IF ANY VIOLATIONS ARE NOTICED, IT WILL END UP WITH PROSECUTIONS • CAN POLICE AUTHORITY FILE LEGAL CASE IN CASE OF A FATAL ACCIDENT IN SIDE THE PREMISES OF THE FACTORY? • PROSECUTION LAUNCHED, UNDER SECTION 92 AND 95 OF THE FACTORIES ACT , BY THE FACTORY INSPECTOR PERTAINING TO AN OCCURRENCE A FATAL ACCIDENT WITHIN THE FACTORY REMISES WILL DEBAR THE PROCEEDINGS UNDER SECTION 342 OF THE CRIMINAL PROCEDURE CODE. RULING - 2007 LLR 866 - JHARKHAND HIGH COURT - IN CRIMINAL M.P NO. 386 OF 2006 DATED 2ND DECEMBER 2006 21 7
  218. 218. ACCIDENT • Unplanned, unexpected event • Never happens but they are caused • Unsafe Act and unsafe conditions • 98% of the accident can be prevented WHY ACCIDENT SHOULD BE PREVENTED? • Accidents are proving very costly • Influence very predominantly on the quality and the cost of materials manufactured. 21 8
  219. 219. ACCIDENT SEQUENCE Ask Fault Cause Accident Injury/ Damage ¡ Unsafe Act ¡ Unsafe Condition 21 9
  220. 220. HOW TO ACCOMPLISH? Definitely much can be accomplished • Top management should have very strong commitment to ensure safety and health at the workplace. • Implementation of safety is not only a few persons’ job • Everybody should think that individually and collectively they are responsible to promote safety in the industry • It is not one time affair, it is continuous and constant • Middle management should carry the mission and vision of the top management to the grass root level without any laxity and compromise. • Continuous effort of providing information, training and education on safety and health to the persons who are in the field is required. • There should be strong behavioural attitude towards safety • Everybody should think that they are the occupier and manager and they are required to observe and follow safety without any22 0
  221. 221. • 29 industries have been listed as industries involving hazardous processes •THE FIRST SCHEDULE ( Section 2 (cb) inserted under Factories act 1987 New Chapter IV A INDUSTRIES INVOLVNG HAZARDOUS PROCESSES 22 1
  222. 222.  Process or activity in industries specified in First schedule  Unless special care is taken  Raw material, intermediate or finished product  Cause material impairment to health of persons engaged in or connected with  Result in pollution of general environment  State govt has power to add,ommit, vary industries in schedule 22 2
  223. 223.  State govt. May appoint a Site Appraisal Committee to consider to grant permission for initial set up of or expansion of factory involving Hazardous processes  Chief Inspector of state shall be Chairman  Recommendations to state govt within 90 daysof the receipt of application  Power to call for information from applicant  If approval granted no approval required from Central ,state board under water and air prevention & control of pollution Act. 22 3
  224. 224.  (a) the CI of the State who shall be its Chairman;  (b,c) a representative of the Central Board for the Prevention and Control of Water/Air Pollution appointed by the Central Government under section 3 of the Water /Air(Prevention and Control of Pollution) Act, 1974/1981 (6 of 1974) ;  (d,e) a representative State Board appointed under section 4/5 of the same act 22 4
  225. 225.  (f) a representative of the Department of Environment in the State;  (g) a representative of the Meteorological Department of the Government of India;  (h) an expert in the field of occupational health; and  (i) a representative of the Town Planning Department of the State Government 22 5
  226. 226.  Max. five other members who may be co- opted by the State Government who shall be- ,  (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory,  (ii) a representative local authority within whose jurisdiction the factory is to be established,  (iii) not more than three other persons as deemed fit by the State Government 22 6
  227. 227.  (1) informations regarding dangers & measures to overcome health hazards from the exposure ,handling ,manufacture, transportation, storage etc, to the workers , the Chief Inspector, the local authority & general public in vicinity.  (2) at registering the factory involving a hazardous process lay down a detailed policy reg. health & safety of the workers , intimate to Chief Inspector , local authority & also inform both the changes made later on 22 7
  228. 228. 1. Ferrous Metallurgical Industries 2. Non-ferrous Metallurgical Industries 3. Foundries (ferrous and non-ferrous) 4. Coal (including coke) industries 5. Power generating industries 6. Pulp and paper (including paper products) industries List of Industries involving Hazardous Processes 7. Fertilizer industry 8. Cement industries 9. Petroleum industries 10. Petrochemical industries 11. Drugs and pharmaceutical industries 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic) industries 14. Paints and pigment industries 15. Leather tanning industries 22 8
  229. 229.  The information be accurate as to quantity, specifications and other characteristics of wastes and their disposal.  (4) with the approval of the Chief Inspector, draw on-site emergency plan and detailed disaster control measures & make known to the workers .general public living in the vicinity , the safety measures required to betaken in the event of an accident taking place 22 9
  230. 230.  .(5) Every occupier of a factory shall,-  (a) engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 within a period of thirty days of such commencement; and  (b) if such factory proposes to engage in a hazardous process after the act, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process 23 0
  231. 231.  6) contravention of sub-section(5), the license issued under section 6 to such factory shall, be liable for cancellation in addition to the penalty under act.  (7)with the previous approval of the Chief Inspector, lay down measures for the handling usage, transportation and storage of hazardous substances inside the factory premises and their disposal outside & publicise them for workers and the general public living in the vicinity. 23 1
  232. 232.  (a) maintain accurate and up-to-date health records of workers exposed to any chemical, toxic , harmful substances which are manufactured, stored, handled or transported ,records shall be accessible to the workers  (b) appoint qualified & experienced persons for handling & supervising hazardous substances & provide at the working place necessary facilities for protecting the workers  Decision of C I reg. qualifications and experience of a person shall be final. 23 2
  233. 233.  c) provide for medical examination of every worker-  (i,ii) before worker assigned ,while continuing, after cessation of a job at intervals not exceeding twelve months 23 3
  234. 234.  The Central Government may on occurrence of extraordinary situation appoint an Inquiry Committee to inquire standards of health and safety observed in the factory ,causes of any failure or neglect in adoption of standards for workers,general public affected, or likely to be affected,& for prevention and recurrence of such extraordinary situations in factory or elsewhere.  The Committee composition –a Chairman and two other memberstenure etc. determined by the Central Government  (3) The recommendations of the Committee shall be advisory in nature. 23 4
  235. 235.  (1) Where the Central Government is satisfied that no standards prescribed or inadequate, may direct the Director-General of Factory Advice Service and Labour Institutes or any Institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards.  (2) The emergency standards, until incorporated in the rules have same effect as if they had been incorporated in the rules made under this Act. 23 5
  236. 236.  (1) be of the value indicated in the schedule  (2) The Central Government may, by notification in the Official Gazette, make suitable changes in the said Schedule. 23 6
  237. 237.  The occupier shall, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.  State Government may, by order in writing and for reasons to be recorded, exempt the occupier from setting up such Committee. 23 7
  238. 238.  (1)workers have reasonable apprehension of imminent danger to their lives or health due to any accident, may, bring the same to the notice of the occupier, agent, manager or any other person who is in-charge , directly or through their representatives in the Safety Committee and to the notice of the Inspector.  (2) It shall be the duty of such occupier etc on satisfaction to take immediate remedial action & send a report forthwith of the action taken to the nearest Inspector.  (3) If the occupier etc not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, refer the matter to the nearest Inspector whose decision on existence of 23 8
  239. 239. List of Industries involving Hazardous Processes 16. Electro – plating industries 17. Chemical industries 18. Insecticides, fungicides, herbicides and other pesticides industries 19. Synthetic resin and plastics 20. Man-made fiber (cellulosic and non-cellulosic) industry 21. Manufacture and repair of electrical accumulators 22. Glass and ceramics 23. Grinding or glazing of metals 24. Manufacture, handling and processing of asbestos and its products 25. Extraction of oils and fats from vegetable and animal source 26. Manufacture, handling and use of benzene and substances containing benzene 27. Manufacturing processes and operations involving carbon disulphide 28. Dyes and dyestuff including their intermediates 29. Highly flammable liquids and gases 23 9
  240. 240. PROVISIONS RELATING TO HAZARDOUS PROCESS SPECIFIC OBLIGATIONS UPON THE MANAGEMENT 24 0
  241. 241. PROVISIONS RELATING TO HAZARDOUS PROCESSES 1. CLEARANCE FOR SITING INDUSTRIES 2. DISSEMINATION OF INFORMATIONS ON HAZARDS, MEASURES 3. PREPARATION OF ON SITE EMERGENCY PLAN 4. SAFETY COMMITTEE 5. HEALTH AND SAFETY POLICY 6. MEDICAL EXAMINATIONS – AVAILABILITY OF HEALTH RECORDS 7. DECONTAMINATION FACILITIES 8. OCCUPATIONAL HEALTH CENTRES/AMBULANCE VAN 9. EMPLOYMENT OF QUALIFIED AND COMPETENT SUPERVISORS 10. CONDUCTING PERIODICAL SAFETY AUDITS 11. CLEARANCE FROM POLLUTION CONTROL BOARD 24 1
  242. 242. HAZARDOUS PROCESSES AND DANGEROUS OPERATIONS • 26 operations or processes have been identified as dangerous • COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND PUBLISHED 24 2
  243. 243. DANGEROUS MANUFACTURING PROCESSES • Manufacture of aerated waters and processes incidental thereto • Electrolytic plating or oxidation of metal articles by use of electrolyte • Manufacture and repair of electric accumulators • Glass manufacture • Grinding or glazing of metals • Manufacture and treatment of lead and certain compounds of lead • Generating petrol gas from petrol • Cleaning of smoothening, roughening of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam 24 3
  244. 244. DANGEROUS MANUFACTURING PROCESSES • Liming and tanning of rawhides, skins, and processes incidental thereto • Certain lead processes carried on in printing processes and type foundries • Manufacture of pottery • Chemical works • Manipulation of stone or any other materials containing free silica • Handling and processing of asbestos • Handling of manipulation of corrosive substances • Compression of oxygen and hydrogen produced by electrolysis of water 24 4
  245. 245. DANGEROUS MANUFACTURING PROCESSES • Process of extracting oil and fats from vegetable and animal sources using solvent • Manufacture or manipulation of manganese • Manufacture and manipulation of dangerous pesticides • Manufacture, handling and use of benzene • Manufacturing process or operations in carbon disulfide plants • Manufacture or manipulation of carcinogenic dye-intermediate • Operations involving high noise level • Manufacture of rayon by viscose process • Highly inflammable liquids and flammable compressed gases • Operation in foundries 24 5
  246. 246. Specific directions DANGEROUS MANUFACTURING PROCESSES 24 6
  247. 247. Specific directions in these type of hazardous processes • These processes have been defined as dangerous; • Prohibits the employment of women, adolescents or children • Mandates for periodical medical examinations of persons employed or seeking to be employed • Prohibits the employment of persons not certified as fit for such employment. • Emphasizes on specific personal protective equipment and clothing's • Prescribes additional welfare facilities. • Clearance from Boards for disposal of trade waste is a must. DANGEROUS MANUFACTURING PROCESSES 24 7
  248. 248. NOTICE OF POISONING OR DISEASE A NOTICE OF POISONING OR DISEASE SHALL BE FURNISHED IN FORM NO. 18 BY THE MANAGER, AUTHORITIEES TO WHOM THE FORM IS REQUIRED TO BE FURNISHED • CHIEF INSPECTOR • CERTIFYING SURGEON • ADMINISTRATIVE MEDICAL OFFICER OF ESI 24 8
  249. 249. LIST OF NOTIFIABLE DISEASES 1 Lead poisoning 2 Lead tetra ethyl poisoning 3 Phosphorous poisoning 4 Mercury poisoning 5 Manganese poisoning 6 Arsenic poisoning 7 Poisoning by nitrous fumes 8 Carbon disulfide poisoning 9 Benzene poisoning 10 Chrome ulceration 11 Anthrax 12 Silicosis 24 9
  250. 250. LIST OF NOTIFIABLE DISEASES 13 Poisoning by halogen or halogen derivatives 14 Pathological manifestation due to • Radium or other radio active substances • X-rays 15 Primary epitheliomatous cancer 16 Toxic anemia 17 Toxic jaundice due to poisonous substances 18 Oil acne or dermatitis due to mineral oil 19 Byssionosis 20 Asbestosis 21 Occupational or contact dermatitis due to chemical or paints 25 0
  251. 251. LIST OF NOTIFIABLE DISEASE 22 Noise induced hearing loss 23 Beryllium poisoning 24 Carbon monoxide poisoning 25 Coal miners pneumoconiosis 26 Phosgene poisoning 27 Occupational cancer 28 Isocyanides poisoning 29 Toxic nephritis • Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager. • The said contractment of disease may be enquired by appointing competent person by the state government. 25 1
  252. 252. 3 SCHEDULES 1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES; 2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES AT THE WORK ENVIRONMENT 3. LIST OF NOTIFIABLE DISEASES. TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING 25 2
  253. 253. CONSTITUTION OF SITE APPRAISAL COMMITTEE • This has been set down to guide the Government to consider for initial location of industries involving hazardous process at a site. • Composition is defined • Modalities of dealing the issue is defined • This committee consists of various authorities having expertise, the said committee is required to visualize pros and cons from establishing industries and is required give its opinion within 90 days from the date of receipt of the application 25 3
  254. 254. HEALTH AND SAFETY POLICY Occupier should lay down a detailed policy with respect to the health and safety of the workers employed. The Health and Safety Policy should show • The intentions and commitment of the management to provide SHE • Organisational set up to bring out the policy effective • Arrangement for involving the workers • Intention of taking account of SHE performance in considering their career advancement • Fixing responsibility on contractors • Providing resume of SHE performance in their annual report • State intention of integration of SHE in selection of machineries, selection of personnel, etc., and the 25 4
  255. 255. PREPARATION OF ON SITE EMERGENCY PLAN An on site emergency plan detailing how possible emergencies are combated by dove tailing all the available infrastructures at the site. This shall be made known to the workers and the public living in the vicinity. Mock rehearsals shall be conducted periodically to assess the strength and weaknesses in the envisaged plan. 25 5
  256. 256. WORKERS PARTICIPATION IN SAFETY MANAGEMENT • Management has to set up a safety committee comprising of representatives of both management and workers to bridge cooperation in maintaining proper safety and health at work. • Composition of the committee is prescribed and the tenure is also fixed. • Functions are also defined: • Committee should deal with all matter of safety, health and environment and arrive at practicable solution to the problems encountered • Undertake educational training and promotional activities • Discuss on reports of safety, environmental and occupational surveys, safety audits, risk assessments, 25 6
  257. 257. WORKERS PARTICIPATION IN SAFETY MANAGEMENT • Functions are defined • Investigation in to the accidents and suggests corrective measures to avoid reoccurrence of the same • Creating safety awareness amongst the workers • Helping the management in achieving the aims and objectives outlined in the safety policy. 25 7
  258. 258. GENERAL INFORMATION • OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY. • THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR MANAGER FROM LIABILITY IN CERTAIN CASES. • THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL HEALTH SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY – OCCUPIER AND MANAGER SHALL AFFORD ALL FACILTIES FOR SUCH SURVEY. • THE GOVERNMENT MAY APPOINT A COMPETETN PESON TOINQUIRE INTO THE CAUES OF ANY ACCIENT OCCURING INA FACTORY OR INTO ANY CASE WHERE DISEASE SPCFIED THE SCHEDULE HAVE BEEN CONTRCTED. • INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES • THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON ACCOUNT OF SERIOUS HAZARD. 25 8
  259. 259. GENERAL INFORMATION • THERE IS A PROVISION FOR AMALGAMATION OF TWO DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORY OR TWO OR MORE FACTORIES TO BE A SINGLE - SECTION 4 • THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE OR ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE OCCUPIER & MANAGER – RULE 135 OF KFR 1969 • THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY ORDER SERVED BY THE INSPECTOR BEFORE THE CHIEF INSPECTOR WITHIN 30 DAYS – SECTION 107 • INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE PURPOSE OF SATISFYING HIMSELF WITH THE COMPLIANCE TO THE PROVISIONS – RULE 136. • THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE SAME WITHIN SEVEN DAYS 25 9
  260. 260. GENERAL INFORMATION • IN CASE OF DEATH OF ANY PERSON ON SERVICE THE BALANCE OF PAY DUE FOR THE PERIOD OF LEAVE WAGES NOT AVAILED OF SHALL BE PAID TO HIS NOMINEE WITHIN A WEEK OF THE INTIMATION OF DEATH – RULE 126 • TO DO THIS NOMINATION SHALL BE OBTAINED IN FORM NO.25 APPENDED TO THE RULES. • AS FAR AS THE CIRCUMSTANCES PERMIT, MEMBERS OF THE SAME FAMILY, HUSBAND AND WIFE SHALL BE ALLOWED ANNUAL LEAVE WITH WAGES ON THE SAME DATE – RULE125 • NO CHARGE FOR FACILITIES OR CONVENIENCES PROVIDED EXCEPT UNDER SECTION 46 – SECTION 114 26 0
  261. 261. VIEWS OF THE APEX COURT OF THE COUNTRY ABOUT THE LEGISLATION 26 1
  262. 262. VIEWS OF THE APEX COURT OF THE COUNTRY • Primary object of the Act is to protect the workers employed in the factories against industrial and occupational hazards ( Bhikusa Vamsa Kshatria V/s Union India, AIR 1963 SC 779) • Object of the Act is to secure health, safety, welfare, proper working hours, leave and other benefits for the workers employed in factories (AIR 1967 SC 1364) • Factories Act is a social enactment to achieve social reform and it must receive liberal construction to achieve legislative purpose without doing violence to the language (Central Railway Workshop, Jhansi V/s Vishwanath AIR 1970 SC 488) • Provision of the Act must be given liberal construction (Alembic Chemical Works Co. Ltd V/s AIR 1961 SC 647. FACTORIES ACT, 1948 26 2
  263. 263. • MEANINGFUL INSPECTIONS ARE CONDUCTED TO EDUCATE AND SENSITIZE THE CONCERNED ON THE ISSUES OF SHE MANAGEMENT • TRAINING PROGRAMMES ARE BEING CONDUCTED TO VARIOUS CATEGORIES OF PERSONNEL TO CREATE AWARENESS AMONGST THE CONCERNED • INFORMATION SHARING SYSTEM IS IN VOGUE • DIRECTORATE OFFICE IS WORKING AS HELP DESK TO PROVIDE ALL NECESSARY INFORMATION IN PREPARATION OF APPLICATIONS, DOCUMENTS ETC., TO THE NEEDY • AVAILABLE FOR DISCUSSIONS AT ALL TIMES WHO IS COMPLIANT AND HAVE RESPECT FOR THE LAW • SEVERAL NOTIFICATIONS REGARDING AMENDMENTS ARE BEING CIRCULATED FOR KNOWLEDGE AND INFORMATION • THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED. PROACTIVE APPROACH OF THE DEPARMENT 26 3
  264. 264. Statistics at a glance - State • Total number of registered factories: 13200 • Total number of employees: 13,12,235 • Total number of women employees: 2,96,586 • Total number of MAH factories: 77 in 16 districts • Total number of industries involving hazardous process: 800 • Head quarter: Bangalore • Offices are Located : 12 Districts in the State • No. of enforcement officers: 45 with 200 staff. • No. of Fatal accidents - 75 per year • No. of reportable accidents – 1500 per year 26 4
  265. 265.  The Principal Act (i.e., the Factories Act, 1948) defines the term Hazardous Process in terms industries specified in the First Schedule of the Act.  The Expert Committee recommends that the term Hazardous Process may be re-defined as a process in which a Hazardous Substance is used thereby affecting health of the workers or polluting the general environment.  This amendment would facilitate identification of Hazardous Process by use of Hazardous Substance 26 5
  266. 266.  This amendment renders the First Schedule of the Act which provides a List of Industries Involving Hazardous Processes„ to be unnecessary and as such, may be deleted.  The Expert Committee also recommends that the term ‗Hazardous Substance„ be defined as per the Environment (Protection) Act, 1986 by introducing a new provision, i.e., Sub-Section 2(cc). 26 6
  267. 267.  any substance which is liable to cause physical or health hazards to human being  or may cause harm to other living creatures, plants, micro-organisms, property  or the environment  on account of its chemical or physio- chemical properties or handling. 26 7
  268. 268.  Disability[New Sub- Section 2(ee)] as given in Clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995  Week [Section 2(f)] be broadened so as to provide flexibility to factories to observe different weekly holidays. At present, the Chief Inspector of Factories can allow all factories located in one area to observe a day other than Sunday as weekly holiday. The proposed amendment would enable individual factories in one area to observe different days as their weekly holidays. 26 8
  269. 269.  Manufacturing Process„ be broadened in respect of printing so as to also include processes for printing, offset printing, screen printing, flexography etc due to changes in the printing technology.  In the Principal Act, a person who has ultimate control over the affairs of the factory is considered to be the Occupier of the factory,the Expert Committee recommends that it should be deleted. In respect of factories owned by the Government, definition of the Occupier may be prescribed through the Rules to be notified. 26 9
  270. 270.  Under the Principal Act, the Occupier of a factory is not required to take permission from the Government for extension of a factory within a certain prescribed limit. However, such an extension may involve hazards to the safety of workers as well as to the people in the vicinity.  The Expert Committee recommends, therefore, amending the Explanation Clause making it obligatory for an Occupier to obtain permission of the State Government for extension beforehandthe concept of self certification prevalent in the States may be 27 0
  271. 271.  Presently, the term Prescribed in Section 2 means prescribed by Rules made only by the State Governments. However, Rule making power is also proposed to be given to the Central Government, in addition to the State Governments. Be changed to include the Central Government or the State Government„ under the Act. 27 1
  272. 272. • UNDERSTANDING OF THE LAW, • COMPLYING WITH LEGAL REQUIREMENTS, • REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE • POSITIVE ATTITUDE ARE THE NEED OF THE HOUR 27 2

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