Aa act 48

INSIGHT ON
The FACTORIES ACT, 1948
1
Varun Chandok

What the Department of Factories
is all about?
One amongst the 50+ Government
departments
2

LABOUR LEGISLATIONS
Labour :
• Earning member of either sex
• 3/4th of the population
Various fields :
• Factories
• Shops
• Establishments
• Plantation
• Mines, etc.
4

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

More Than 60 LABOUR
LEGISLATIONS
OBJECTIVE - ENSURE PROTECTION TO LABOURERS
Safety
Health
Working
conditions
Environment Wages
Social
security
Industrial
relations
PROTECTION
6

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

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

Labour legislations on social security
• The Workmen Compensation Act, 1923
• The Maternity Benefit Act, 1961
• The Payment of Gratuity Act, 1972
9

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

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

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

 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

Road map to the legislation.
14

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

• 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

• 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

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

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

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

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

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

 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

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

FACTORIES ACT, 1948
• Provisions envisaged are based on :
- ILO convention and recommendations
- Constitutional Provisions
Fundamental
Rights
Directive
Principles
25

Important indicators to be understood
1. Applicability
2. Beneficiaries
3. Responsible persons
4. Inspecting staff
FACTORIES ACT, 1948
26

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

Unless otherwise provided, the Act is applicable to all
Factories viz., Private, State, Central, Government, Local
Bodies etc.,
APPLICABILITY
28

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

 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

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

• “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

• “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

 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

 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

 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

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

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

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

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

 The occupier shall ensure, as far as possible,
health, safety and welfare of workers while
they are working in factory. [section 7A].
42

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

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

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

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
preemployment medical examinations.
46

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

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

• 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

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

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

 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

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

 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

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

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

APPROVAL/LICENCING
• APPROVAL OF PLANS
• REGISTRATION AND RENEWAL OF FACTORY LICENCE
• AMENDMENT & TRANSFER IN THE LICENCE
59

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

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

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

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

HEALTH FRONT
• HOUSE KEEPING/CLEANLINESS
• OVERCROWDING
• LIGHTING
• DRINKING WATER
• LATRINE AND URINALS
• SPITTONS
65

 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

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

 There should be proper arrangements or
disposal of wastes and effluents.
 Follow state govt. rules…
69

 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

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

 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

• 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

 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

 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

 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

 There should be separate – for male and
female.
 Proper cleaning should be there.
77

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

 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

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

 CHAPTER IV DEALS WITH SAFETY OF
WORKERS…
83

 Every dangerous parts must be securely
fenced.
 The State Government may by rules prescribe
such further precautions.
84

 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

 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

 There should be suitable striking gears etc. to
switch off the power, so that if there is any
emergency, problem can be solved.
87

 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

 All machinery driven by power & installed
should be so sunk, encased or otherwise
effectively guarded as to prevent danger.
89

 No women and children are allowed to work
on cotton openers.
90

 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

 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

 Maximum safe speed must be mentioned for
each machine.
 Speed indicated in notices should not to be
exceeded.
93

 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

 All floors, steps, stairs, passages & gangways
should be of sound construction & properly
mentioned.
95

 Pits, sumps etc. should be securely covered
or fenced.
96

 No person should be employed to hold more
weight than the person can hold.
97

 Provide goggles if workers have to work on
something stretching to the eyes.
98

 Prohibited to employ workers in places
where dangerous gas / fume is present.
 Practicable measures should be taken for
removal of gas, fume, etc.
99

 It should not be above 24 volts
100

 Take all measures for safety and to prevent
explosion on ignition of gas, fume etc.
101

 There should be separate exit for cases of
fire.
 There should be facilities for extinguishing
fire.
102

 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

 If 1000 or more workers are employed,
appoint a separate safety officer.
104

 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

SAFETY
• EQUIPMENT SAFETY,
• PERSONAL SAFETY
• MATERIAL SAFETY
• PROCESS SAFETY
• PERSONAL PROTECTIVE EQUIPMENT
• EXCESSIVE WEIGHTS
GENERAL SAFETY MANAGEMENT
INCLUDES
10
6

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

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

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

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

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

PERSONAL PROTECTIVE
EQUIPMENT
11
2

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

 Chapter V
 There are a number of provisions in the
factories act regarding welfare facilities for
the workers.
115

 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

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

 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

 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

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

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

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

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

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

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

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

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

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

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

 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

STATUTORY
APPOINTMENTS/RECOGNITION
• SAFETY OFFICER
• WELFARE OFFICER
• MEDICAL OFFICER
• COMPETENT & QUALIFIED SUPERVISORS
• COMPETENT PERSON
• ACCREDITION AGENCIES TO CONDUCT SAFETY AUDITS.
14
3

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

SAFETY OFFICER
NO. OF SAFETY OFFICERS TO BE EMPLOYED?
• MORE THAN 1000 AND LESS THAN 2000 - 1
• 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

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

• 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

MEDICAL OFFICER
• IT IS A STATUTORY APPOINTMENT
• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED
• QULIFICATION AND CONDITIONS
14
9

QUALIFIED SUPERVISORS
• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES
• QUALIFICATIONS PRESCRIED
15
0

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

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

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

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

 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

 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

 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

 If shift extends beyond midnight , a holiday
for him will mean a period of 24 hours
beginning when his shift ends.
158

 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

 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

 No worker is allowed to work in any factory
on any day on which he has already been
working in any other factory
161

 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

 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

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

 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

 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

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

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

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

PROVISIONS IN THE ACT, CORRESPONDING TO
WOMEN WORKERS
17
0

WOMEN EMPLOYMENT IN FACTORIES
17
1

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

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

FACTORIES ACT –Chapter VII CHILD
LABOUR
17
4

 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

 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

 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

• 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

 No child who has not completed his 14th year
allowed to work in Factory.
180

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

 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

 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

 Must be displayed in a factory
18
4

 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

 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

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

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

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

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

 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

 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

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

 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

 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

 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

 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

 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

 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

 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

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

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

 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

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

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

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

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

 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

 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

 No charge of facilities and conveniences
supplied by occupier S 114
 Application of act to state & central govt.
factories also S 116
21
1

Oh !!! This is due to over confidence
21
3

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

 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

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

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

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

ACCIDENT SEQUENCE
Ask Fault Cause
Accident
Injury/
Damage
¡ Unsafe Act
¡ Unsafe
Condition
21
9

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

• 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

 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

 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

 (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

 (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

 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

 (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

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

 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

 .(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

 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

 (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

 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

 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

 (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

 (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

 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

 (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

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

PROVISIONS RELATING TO HAZARDOUS
PROCESS
SPECIFIC OBLIGATIONS UPON THE
MANAGEMENT
24
0

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

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

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

• 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

• 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

Specific directions
24
6

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.
24
7

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

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

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

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

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

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

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

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

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

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

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

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

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

VIEWS OF THE APEX COURT OF THE COUNTRY
ABOUT THE LEGISLATION
26
1

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

• 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

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

 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

 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

 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

 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

 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

 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

 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

• 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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