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Factories Act (RR)

The document provides an overview of the Factories Act of 1948 and Orissa Factories Rules of 1950. Some key points: 1. The Factories Act is a comprehensive labor law that regulates safety, health, welfare and working conditions in factories. It has been amended over time. 2. The Act applies to premises with 10+ power-using or 20+ non-power using workers. It covers all workers, including permanent, temporary and contract workers. 3. The occupier is primarily responsible for compliance with the Act. The manager assists with day-to-day operations. Inspectors have powers to enforce the Act. 4. The Act addresses issues like approvals, health,

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0% found this document useful (0 votes)
385 views76 pages

Factories Act (RR)

The document provides an overview of the Factories Act of 1948 and Orissa Factories Rules of 1950. Some key points: 1. The Factories Act is a comprehensive labor law that regulates safety, health, welfare and working conditions in factories. It has been amended over time. 2. The Act applies to premises with 10+ power-using or 20+ non-power using workers. It covers all workers, including permanent, temporary and contract workers. 3. The occupier is primarily responsible for compliance with the Act. The manager assists with day-to-day operations. Inspectors have powers to enforce the Act. 4. The Act addresses issues like approvals, health,

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© © All Rights Reserved
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SALIENT FEATURES OF

FACTORIES ACT, 1948


&
ORISSA FACTORIES RULES, 1950
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.
Factories

Secures - Safety
Health
Welfare
Regulates - Working Hours
FACTORIES ACT, 1948
Ensures - Annual leaves with wages
Provides - Additional protection
from hazardous processes
Additional protection to
Women workmen
Prohibition of
employment of children

Series of amendments have been made time and again


to increase the scope of the Act.
Road map to the
legislation.
Road Map to the Legislation.
The establishment of first Cotton Mill in Bombay in 1851
followed by the establishment of first Jute Mills in 1855 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


without any hrs of working with unsafe working conditions .

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


Road map to the legislation.
29 Industries have been listed as industries involving
hazardous processes. The iIdustries are listed under - THE
FIRST SCHEDULE. Special provisions have been
incorporated to govern the aspect of SHE (Safety, Health
& Environment) 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.
FACTORIES ACT - 1948
Important indicators to be
understood

1. Applicability
2. Beneficiaries
3. Responsible persons
4. Inspecting staf
APPLICABILITY
Applies to Factories
1. Definite Premises where 10 and more workers are working
on any day of preceding 12 months & in anypart of which a
manufacturing process is being carried on with the aid of ,
Power Section 2m(i) OR
where 20 and more workers are working without aid of
power; Section 2m(ii)
2. 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 een though
the workers strength is less than the above cited conditions.
Section 85(i)
Unless otherwise provided, the Act is applicable to all Factories viz.,
Private, State & Central Government, Local Bodies etc.,
BENEFICIARIES
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 staf 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.
BENEFICIARIES
RESPONSIBLE PERSONS
OCCUPIER AND MANAGER are the responsible persons for
implementation of the provisions of the Act.

OCCUPIER means the person who has got the ultimate control
over the afairs 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.

1996 SUPREME COURT CONFIRMED THIS. (1996 LLR 981


JK Industries LTD., and others V/S CIFB and others etc.,
OCCUPIERS RESPONSIBILITY
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


ENVIRONMENT, HEALTH & SAFETY (EHS) 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.
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 records
Furnishing of returns
Intimation about the reportable accidents, dangerous
occurrences.

Change in Manager to be submitted before CIF


With in a week in Form no. 3 (Rule-12-A)
INSPECTING STAFF
INSPECTORS
THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION
OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.

Act empowers State Government to appoint persons


as Inspectors
Qualification : Degree in Engg./Technology or Medicine
with 2 yrs practical experience .
Scope and limits are defined through Notifications.
Act has prescribed the duties and powers of the
Inspectors
Every Collector & Dist .Magistrate is also an Inspector
for his District.
POWERS OF INSPECTORS
He/she has got the power to enter to any premises
(with assistants or experts) which he/she has got
reason to believe it as a Factory
Can make examinations of the premises, plant and
machinery to secure safety, health & environment
aspects.
Can direct the occupier to left undisturbed any place
till his enquiries are completed.
Can seize any records, take copies which is required
for the purpose of enforcement
Can take measurements, photographs and make
such recordings which are required for enforcement
of Law
GENERAL
DOMAIN
OF THE LAW
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.,
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

PENALTY AND PROCEDURES


APPROVAL/LICENCING

APPROVAL OF PLANS /DRAWINGS


REGISTRATION AND RENEWAL OF FACTORY
LICENCE
AMENDMENT & TRANSFER IN THE LICENCE
APPROVAL / LICENCING
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 SHALL BE MADE BEFORE MAKING ANY CHANGES
THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY
DEFINED.
NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS
PERMISSION

IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO


COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM
THE DATE OF SUBMISSION, PERMISSION APPLIED IN THE
LICENCING
REGISTRATION AND GRANT OF FACTORY LICENCE

BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE


SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER -
BEFORE 15 DAYS.

THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY


DEFINED.

LICENCE WILL BE GRANTED IN FORM- 3.

IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO


COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM
THE DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED
TO BE GRANTED.

LICENCING
WHAT IS AMENDMENT/TRANSFER
THREE LIMITS ARE MENTIONED IN THE LICENCE.
IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE
LICENCE i.e. HORSE POWER, MAN POWER AND CHANGE IN THE
NAME OF THE FACTORY &/or CHANGE IN THE MANUFACTURING
PROCESS, QUESTION OF AMENDMENT ARISES. (Fees Rs.500/-)

THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY


DEFINED.

APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS


SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT
SHALL BE 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.500/- ALONG WITH AN APPLICATION IN THIS
BEHALF.
APPROVAL/LICENCING
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.
HEALTH FRONT

HOUSE KEEPING/CLEANLINESS
OVERCROWDING
LIGHTING
DRINKING WATER
LATRINE AND URINALS
SPITTONS
HEALTH PROVISIONS (Sec 11-20)
CLEANLINESS,

DISPOSAL OF WASTES & EFFLUENTS,

VENTILATION & TEMPERATURE,

DUST & FUME,

ARTIFICIAL HUMIDIFICATION,

OVERCROWDING,

LIGHTING,

DRINKING WATER,

LATRINES & URINALS,

SPITOONS.
CLEANLINESS
Every factory shall be kept clean and free from effluvia
arising from any drain, privy or other nuisance and in
particular accumulations of dirt and refuse:
By sweeping daily.
By washing the floor of every work room with
disinfectants or otherwise every week.
By repainting, re-varnishing of ceilings, walls,
sides top of passages, and staircases atleast once in
every 5 years.
(Where they are painted with washable water paint, be
re-painted with at least one coat of such paint at least
once in every 3 years and washed at least once in
every period of six months.
DISPOSAL OF WASTES AND
EFFLUENTS
Efective arrangements shall be made in every
factory for the treatment of waste and effluents
due to the manufacturing process carried on
therein, so as to render them innocuous and for
their disposal.

[ This should be in accordance with those approved


by the Water and Air Pollution Board appointed
under the Water (Prevention and Control of
Pollution) Act, 1974 and the Air (Prevention and
Control of Pollution) Act, 1981 and other
appropriate authorities. ]
VENTILATION AND
TEMPERATURE
Efective and suitable provisions shall be made in every
Factory with adequate ventilation by the circulation of fresh
air & such a temperature as will secure to workers therein
reasonable conditions of comfort & prevent injury to health.

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 inadequate air circulation.
Provision of Thermometers for measuring the temperature.
In regions, where in summer (15th March-16th July) bulb temperatures
of outside air in the shade during most part of the day exceed 35C,
arrangement to be made to have outside air for ventilation cooled by
passing it through water sprays either by means of desert coolers or
by other mechanical means.
DUST & FUME

Efective measure to be taken to prevent


inhalation and accumulation of dust or
fume or other impurity of such a nature in
any work room.
If necessary, exhaust appliance may be
applied.
ARTIFICIAL HUMIDIFICATION

If humidity of the air in a Factory


artficially increased, the water used
for the purpose shall be taken from a
public supply or other source of
drinking water or shall be efectively
purified before it is so used.
OVERCROWDING
There shall be space of atleast 14.2
cubic meters for every worker.

LIGHTING
Every part of a Factory where workers
are working or passing there shall be
provided and maintained sufficient and
suitable lighting, natural or artificial or
both.
DRINKING WATER
Effective arrangements to be made to provide and maintain at
suitable points conveniently situated for all workers employed
therein a sufficient supply of drinking water.
( No such points shall be situated within six meters of any washing place,
urinal, latrine, spittoon, open drain carrying sullage or effluent or any other
source of contamination.)

Quantity of Drinking water At least as many gallons a day as shall be


readily available at all times during working hours.

Source of supply From Public Water Supply system (or) from any other
source approved in writing by the Health Office.

Means of supply If it is not supplied directly from taps, it should be kept in


suitable vessels or tanks fitted with taps and having dust proof cover.

Cleanliness of well or reservoir Drinking water shall not be supplied


from any open well or reservoir unless it is so constructed, situated,
protected and maintained and to be free from the possibility of pollution by
chemical or bacterial and extraneous impurities.

Cooling of water - If more than 250 workers are employed, cooled drinking
th
LATRINES AND
URINALS
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.

SPITTOONS
Sufficient number of spittoons to be provided in convenient
places and to be provided in clean and hygienic condition.
Type of spittoons - A container filled with dry clean sand and
covered with a layer of bleaching powder.
SAFETY ( Sec- 21-41)
GENERAL SAFETY MANAGEMENT
INCLUDES

EQUIPMENT SAFETY,
PERSONAL SAFETY
MATERIAL SAFETY
PROCESS SAFETY
PERSONAL PROTECTIVE EQUIPMENT
EXCESSIVE WEIGHTS
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
MATERIAL SAFETY
MATERIAL SAFETY INCLUDES

Arrangement to ensure Safety and


absence to risk to health from the
material used, handled and stored.
Information, instruction, training and
supervision
Periodical medical surveillance
Inventory and storage
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
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
SAFETY MANAGEMENT
EXCESSIVE WEIGHTS
No adult male. 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
PERSONAL PROTECTIVE
EQUIPMENT
As per Rule- 62H of OFR 1950, the Inspector can pass an
order to supply to the workers the required to personal
protective equipment exposed to particular hazards as
may be found necessary;

All personal protective equipment provided to the workers


as required under the act shall have certification by India
Standards 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 under t he provisions of this
act Section 114
WELFARE ISSUES (Sec- 42 50)
MAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL
BEING OF THE PERSONS.

Washing facilities
Facilities for storing and drying clothing
Facilities for sitting
First aid appliances
Canteen
Crche
Rest room, shelters, lunch room
Ambulance room
Welfare Officer
Washing facilities Adequate and suitable facilities for
washing shall be provided and maintained for the use of the
workers.

Facilities for storing and drying clothing Some


specific factories like Oil Mills, Chemical Works, Automobile
Workshops, Dying works etc. shall arrange the provisions for
storing and drying of wet clothing.

Facilities for sitting Suitable arrangements for sitting shall


be provided and maintained for all workers obliged to work in a
standing position, in order that they may take advantage of any
opportunities for rest, which may occur in the course of their
work.

First-aid appliance The first-aid boxes or cupboards shall


be distinctively marked with Red Cross on while background and
shall contain the specific equipments as specified in Rule. The
number of boxes shall be not less than one for every one
hundred fifty workers.
CANTEEN
It is statutory Welfare Scheme and is applicable to Factories
employing more than 250 workers.
Canteen building shall be situated not less than Fifty feet from
any latrine, urinal, boiler house, coal stocks, ash dumps and any
other source of dust, smoke or obnoxious fumes.
It shall accommodate at least a dining hall, kitchen, store room,
pantry and washing places separately for workers and for
utensils.
Doors and windows of a canteen building shall be of fly proof
construction and shall allow adequate ventilation.
Canteen shall be sufficiently lighter at all times.
Dining hall shall accommodate 30% of the workmen working.
Sufficient Tables, Chairs or Benches shall be provided.
Food and other items prepared shall be served on no profit and
no loss basis and shall be approved by the Canteen Managing
Committee.
CANTEEN (Contd.)
Sufficient utensils, crockery, cutlery, furniture and any other
equipment necessary for the efficient running of the canteen shall
be provided.
CANTEEN MANAGING COMMITTEE shall be appointed by the
Manager.
The members consist of an equal number of persons nominated
by the occupier and elected by the workers. The number of
nominated/elected workers shall be proportion of for every 1000
workmen, but it should be in any case not more than 5 and not
less than 2.
It shall be dissolved once in 2 years and new CMC shall be
constituted.
Annual Medical Examination for fitness of each member of the
canteen staf who, handles food-stufs shall be carried out by the
Factory Medical Officer or the Certifying Surgeon, which should
include the following:
> Routine blood examinations.
> Routine and bacteriological testing of faces and urine for germs
SHELTER, REST ROOM & LUNCH
ROOM
THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE
THAN 150

THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO


THE STANDARDS

HEIGHT 12 FEET FROM FLOOR LEVEL, AREA SHOULD BE 12


SQUARE FEET PER PERSON

ADEQUAE LIGHTING AND VENTILATION

CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE


PROVIDED

KEPT NEAT AND TIDY AT ALL TIMES


CRECHE
Crche shall be provided, where more than 30 women
workers are ordinarily employed.
WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND
SANITARY CONDITIONS.
CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED
PROVISION OF PURE 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
AMBULANCE ROOM
THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN
500 WORKERS ARE EMPLOYED (Sec-45 & Rule-65)
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.
AMBULANCAE ROOM SHALL BE INCHARGE OF A QUALIFIED
MEDICAL PRACTITIONER ASSISTED BY ATLEAST ONE QUALIFIED
NURSE & SUCH SIBORDINATE STAFF AS THE CIF MAY DIRECT.
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 MEDICAL PRACTITIONER IN CHARGE,
AMBULANCE ROOM
AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE
SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A
GOOD CONDITIONS.

EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS


SUBJECT TO WRITTEN ORDER FROM THE CIF .
STATUTORY APPOINTMENTS/RECOGNITION

SAFETY OFFICER

WELFARE OFFICER
SAFETY OFFICER
IT IS A STATUTORY APPOINTMENT

WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED

STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED


SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL.

QULIFICATIONS

1) DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL


EXPERIENCE OF WORKING IN A FACTORY FOR A PERIOD OF NOT LESS THAN TWO
YEARS OR

DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL EXPERIENCE OF


WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR A PERIOD NOT LESS
THAN FIVE YEARS OR;

2) DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY THE STATE


GOVERNMENT IN THIS BEHALF AND

3) HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY OF THE


WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED
Welfare Officer
Statutory appointment (Sec- 49)

Mandatory incase of workers strength is more


than 500.

Separate rules governing duties, qualification


and conditions of service is in force.
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 10 hours
Restriction of double employment
Notice of periods of work
Restriction on employment of women
ANNUAL LEAVE WITH WAGES Sec- 79
Eligibility :
Any worker who has performed minimum 240 days in
a calendar year shall be allowed one day leave with
wages for every twenty days of work performed by
him / her during the subsequent calendar year.
Unavailed leaves shall be carried forward in the
succeeding calendar year subject to accumulation
limit of 30 days .
PROVISIONS IN THE ACT, CORRESPONDING
TO STRENGTH OF THE WORKERS
Crche - > 30 women workers
Restroom / shelters and lunch room - > 150
workmen
Cooled drinking water - > 250 workers
Canteen - > 250 workers
Ambulance room Doctor, Nurse and staf- > 500
workers
Welfare officer - > 500 workers
Safety officer - > 1000 workers
WOMEN WORKERS
SALIENT FEATURES

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
MAINTENANCE OF REGISTERS
Register of adult workers Form No. 12
Register of leave with wages Form no. 15
Register of accident or dangerous occurrence Form
no.26
DISPLAY OF NOTICES (Sec-108,Rule-
100)
Notice of periods of work

An abstract of the Act and Rule

Name and address of the Inspector

Name of the Medical Officer


RETURNS TO BE SUBMITTED (Sec-
110)

Combined Annual return - Form no. 21 ( on or


before 31st January every year) in duplicate.
( Rule- 101)
ACCIDENTS
Oh !!! This is due to over
confidence
NOTICE OF ACCIDENT DANGEROUS
OCCURRENCES (Sec- 88 , 88-A)
Fatal
Accidents
Non fatal
Reportable accidents shall be reported in Form no. 18, within
24 hours after the expiry of 48 hours from the time of the
accident or the dangerous occurrence.
Incase of any accident caused death & which is likely to cause his
death, or any dangerous occurrence takes place in the Factory, the
Manager shall forthwith report by telephone, special Messenger or
telegram to the IF & CIF followed by submission of report in Form-
18 within in 12 hours .
Fatal Accidents are also required to be reported to:
District Magistrate or Sub-Divisional Officer,
Officer in charge of the nearest Police Station
Relatives of the injured or deceased person
List of Industries involving Hazardous Processes

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
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
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 dyestuf including their intermediates
29. Highly flammable liquids and gases
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


HAZARDOUS PROCESSES AND
DANGEROUS OPERATIONS ( Sec-87 &
Rule- 96)

26 operations or processes have been identified as


dangerous
COMPREHENSIVE RULES IN RESPECT OF EACH
OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND
PUBLISHED
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
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
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
NOTICE OF POISONING OR DISEASE
(Sec-89 & Rule-98)

A NOTICE OF POISONING OR DISEASE SHALL BE SENT FORTH


WITH IN FORM NO. 19 BY THE MANAGER TO THE

CHIEF INSPECTOR

CERTIFYING SURGEON
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
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
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.
OBLIGATION OF WORKERS (Sec.111)
No worker in a Factory
Shall willfully interfere with or misuse any appliance,
convenience or other thing provided in a Factory for the
purposes of securing the health, safety or welfare of the workers.
Shall willfully and without reasonable cause do any thing likely
to endanger himself or others and
Shall willfully neglect to make use of any appliance or other
thing provided in the factory for the purposes of securing the
health or safety of the workers.

If any of the workers employed contravened any of the said


provision, he shall be punishable with imprisonment for a term,
which may extend to one hundred rupees or both.
RIGHT OF WORKERS (Sec- 111- A)
Every workers shall have the right to

Obtain from the occupier, information relating to workers health


and safety at work

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 the Chief Inspector of
Factories, where training is imparted on safety, health and
welfare.

Represent to the Inspector directly or through his representative


in the matter of inadequate provisions for protection of his health
or safety in the Factory.
PENAL PROVISIONS UNDER THE ACT

Offences Penalties
A) Contravention any of the Imprisonment upto 2 yrs OR fine
provisions of Act or Rules Rs.1,00,000/- OR both .
On continuation of any Rs.1000/-per day
contravention of (A)
B) On contravention of Chapter- IV- not less than Rs.25,000/- in case of death,
pertaining to Safety or dangerous not less than Rs.5,000/- incase of serious
operation injuries
On continuous contravention of (B) Imprisonment upto 3 yrs or fine not less
than Rs.10,000/- which may extend to
Rs.2,00,000/-.
C) For obstructing Inspectors Imprisonment upto 6 months or fine upto
Rs.10,000/- or both.
D) For wrongful disclosing result Imprisonment upto 6 months or fine upto
pertaining to result of analysis Rs.10,000/- or both

Contd..
Contd..

Offences Penalties
E) For contravention of provisions of Imprisonment up to 7 yrs with fine up to
Sec-41B (compulsory disclosure of Rs.2,00,000/-.
information by the Occupier),
41C( specific responsibility of the
Occupier in relation to hazardous
process) &
41H(right of workers to work
imminent danger

On continuation of contravention of (E) Fine @ Rs.5,000.-per day.


On continuation of contravention of (E) Imprisonment of 10 yrs.
for one year

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