Question & answers of the Legislation chapter 1

Que- 1 Elaborate any three important sections pertaining to

safety as described in the FACORY ACT
Chapter 4 SAFETY s21 – s41

 Fencing of Machinery

 Devices for cutting off power

 Hoists & Lifts

 Lifting machines / tackles

 Pressure Plants

 Floors, stairs and means of access

 Pits, sumps, opening in floors, etc

 Excessive weights

 Protection of eyes

 Precautions against dangerous fumes, gases etc

 Precautions against portable electric lights

 Precautions in case of fires

 Safety officers

Lifting m/c, chains, ropes S-28;R-64

 All lifting tools/tackles must be tested & certifies prior to use.

 Certificate in Form 11 from competent person in every period of twelve

month

 Safe working load to be displayed

 All the parts of the lifting tackles, chains, slings shall be of good
construction, sound material, and adequate strength & free from defects.

 Lifting machine means cranes, crab, pulley block, etc

  Lifting tackles means any chain slings, hook, shackles, swivel, coupling,
etc. used while lowering or raising of person or loads by the use of lifting
machines.

 No person under 18 yrs of age or no person who is not trained in the

working of the lifting machines shall be employed as driver of the lifting
machines.

If any repair/modification is done it should be recertified`

Pressure plant & vessel S-31;R-65

(any pipe/fitting/vessel operated > 1 atom)

 Pressure means the pressure vessels along with its piping & other fitting
operated at pressure greater than atmospheric pressure.
 Hydraulic test means the pressure test carried out as per the desired
pressure with the use of water or a compactible liquid as per the
manufacturer.

 Every pressure plant shall have suitable safety valve to ensure safe
working pressure is never exceeded.

 Pressure gauge with range 1.5 to 2 times SWP

 If pressure vessel is not designed to withstand working pressure at source

suitable pressure reducer to be provided.

 Examination

 Externally once in 6 months,

 Internally once in 12 months

 Hydraulic test once in 4 years

 If by any reason of construction, internal examination is not

possible then it may be replaced by hydraulic test once in a two
years

 If chief inspector certifies that it is impracticable to carry of

thorough internal & external examination & also that of the
hydraulic test , then thorough external examination should be
carry out at least once in a two years or thorough non destructive
 test as ultrasonic test for metal thickness measurement should be
carry out at least once in a four years.

Fire Protection S-38;R-70

 Design/layout of flammable/explosive hydraulic tehye process equipment

 Access for fire fighting

 Protection against lightning

 Precautions against ignition

 Spontaneous ignition

 Compressed gas cylinders

 Storage of flammable liquids

 Accumulation of fumes, vapor, dust

 Fire Exits

 Minimum 2 exits as remote as possible from each other

 Marked, un-obstructed and visible

 Exit within travel distance of 30 mtr

 Door to open outside, min 100 mm wide

Que- 2 What is the duties of certifying surgeon as per the

Factories Act – 1948
Certifying surgeon Chapter 2 Inspecting staff S-10, R-18

Duties of the certifying surgeon

1. Certifying surgeon shall arrange a suitable time & place for the
attendance for examination of a person who wishes to obtain the fitness
certificate & shall give the prior notice in writing of such arrangements to
the managers of the factories.
2. Certifying surgeon should arrange his certificate in form 6.The foil &
counterfoil shall be filled in & take the left thumb mark of the person
whose name is on the certificate .All there after counterfoil shall be kept
 by certifying surgeon for a period of at least two years after the issue of
the certificate.
3. In case of lost of certificate of fitness by a young person, he may grant a
duplicate certificate on receipt of application for the grant of duplicates &
after making inquiries as he deems fit.
4. A fee of Rs 10 shall be payable for the issue of every certificates of
fitness by the occupier
5. A fee of rs 2 shall be payable for the issue of duplicate certificate of
fitness by the occupier
6. For the purpose of the examination of persons employed in process of
dangerous operation, the certifying surgeon shall visit the factories with
his local limits at such intervals prescribed by the rule of dangerous
operation.
7. At such visits the certifying surgeon shall examine the person employed
in such process &the result shall record in the register known as health
register in form 7 which shall be kept by factory manager & produced to
the certifying surgeon at each visit
8. If certifying surgeon finds any person is not fit to work under such
process as per the result of examination , he shall suspend him from that
process until the time he may think fit & no person shall be employed in
that process without written sanction of the certifying surgeon in the
health register.
9. The manager of the factory shall afford to the certifying surgeon facilities
to inspect any process in which the person is employed or likely to be
employed.

Que- 3 List out any 10 rules prescribed under section 41 of Factories Act,
1948 and Maharashtra Factories Rules, 1963. Emphasis the important of
each rule.

Safety Measures S-41; R-73-C

where pipeline/equipment contained inflammable material

 Isolation

 Blanking operation

 Flushing operation

 Work Permit System

  Joint responsibility of Supervisor of process dept and supervisor of
Engineering dept

 Screening of nearby hot lines.

 Gas test

 No worker to have cloths contaminated with flammable material

 Safety officer shall have random checking

Standby requirements before opening equipment

Safety Committees S-41/41G; R-73J

 Safety committee shall have management representative as well as

workers representative

 Shall meet as often as necessary minimum once in quarter

 Function to include:

 assisting in achieving aim and objective of health & safety policy

 Arriving at practicable solutions of HSE matters

 Creating safety awareness among workers

 Deliberating of audit/inspection reports

Owing to size of factory to effectively carryout functions, sub-committees may

be established

Safety policy S-7A,41B;R-73L

 Written statement from occupier.

 To contain Intention and commitment to SHE

 Organizational set-up to carryout declared policy

 Wide circulation

Dissemination of Info S-41B;R-73M

 MSDS for All chemicals handled

  Accessible to all workers

 Format for MSDS

 Requirements of Labeling

 Contents of container

 Name & address of Mfg./importer

 Physical & health hazards

 Recommended PPE’s

Disclosure of Information S41B; R-73N

to workers

 Following information to be supplied to workers involved in hazardous

processes

 Measures taken to ensure safety

 Measures to be taken by workers

 PPE required

 Meaning of various labels

 Symptoms likely to be manifested on exposure

 Measures to be taken by worker in case of spillage

 Role in emergency plan

 This information to be made known though booklet / cautionary notices

in language understood by majority of workers

Disclosure of Info S41B;R-73O,P,Q

to general public, local authority & district emergency authority

 Following information to be given to general public in consultation with

district emergency officer

 Confirmation that factory has approval of DISH & SPCB

 Explanation in simple terms about process

  Common names of hazardous chemicals handled

 Brief measures in case of accident

 Factories emergency warning system

 Details where further information can be obtained

Information should be in regional language and Hindi or English

Medical Examination S-41B,C;R-73V

 Workers in Hazardous processes should undergo medical exam

 Once before employment

 Once in period of 6 months

 Occupational health center R-73V

 Requirements of OHC

 Requirements of medical staff

Que-4 Explain the requirements given under MFR, 1963 in

relation with fire protection

As per the rule 70 of MFR 1963, The requirement for fire protection is as
under:

1. All the industrial process involving serious fire hazard should be

located in the building separated from one another by walls of fire
resistant construction.
2. Ventilation duct, pneumatic conveyors should be provided with
flame arresting or automatic fire extinguishing appliances, smoke
detectors, fire alarm system
3. Access for fire fighting –Building & plants should be so laid out
& roads & passages ways so maintained as to permit unobstructed
access for fire fighting. Doors & windows opening should be
located in suitable positions on all external wall of the building to
provide easy access for fire fighting
4. Precaution against lightening – shall be provided for Building on
which explosive substances are manufactured , handled or stored.,
Storage tank containing oil, paints & other flammable liquids.,
Substations, buildings & outdoor transformers or switch yards,
5. Precaution against ignition- Smoking, Lighting & carrying out
the matches, lighters shall be prohibited.
6. Spontaneous ignition- Ensure adequate ventilation.
7. Cylinders Containing compressed gases – may only be stored in
open if they are protected against variation of temp. , direct rays of
sun.
8. Storage of flammable liquid –The qty of these liquid should be
minimum required for the process provided that not more than 20
metres of flammable liquids having flash point of 23 deg or less
shall be kept or stored in nay work room
9. Flammable liquid shall be stored in closed container & in limited
quantities in well ventilated room of fire resisting construction.
10.Fire exit –
1. Lift, escalators & revolving doors shall not be consider as fire
exist
2. The exit shall be marked in a language understood by majority
of the worker.
4. Exit shall be located that travel distance to reach one of them
shall not exceed 30 metres
5. No exit door way shall be less than 100 cm in width. & 200 cm
in height

Que 5 Define Hazardous process as per Factories Act,-1948.

Explain Schedule-1,2 & 3.

Hazardous process :
As per the sec 2 cab hazardous process means any process or
activity in relation to an industry specified in first schedule where
unless special care is taken, raw material used , finished product ,
by product, wastes or effluents would
A) Because material impairment to the health of the person
engaged in or connected therewith or
B ) result in the population in the general environment.
 SCHEDULE 1 SEC 2 List of Industries involving hazardous
processes.
Total 29 numbers of industries are considered as hazardous
industries under schedule 1
1. Ferrous metallurgical industry
2. Non ferrous metallurgical industry
3. Coal Industries
4. Power generating industries
5. Fertiliser industries
6. Cement industries
7. Petroleum industries
8. Petro chemical industries
9. Rubber ( Synthetic) industries
10.Chemical industries
11.Drugs & pharmaceutical industries, etc

Schedule 2 Sec 41F Permissible level of certain

chemical substance in work environment

In this schedule, permissible limit of exposer of chemical

substances are defined based on the below criteria

1. Time weighted average concentration ( TWA ) 8 Hrs

2. Short term espouser limit ( STEL ) 15 Mins

In this schedule around 116 chemical substances are covered e.g Acetone,
Butane, Bromine, Ammonia, chlorine, carbon monoxide, etc.

SCHEDULE 3 Sec 89 & 90 List of notifiable diseases

In this schedule 29 notifiable diseases are mentioned. Some of the examples are

1. Asbestosis

2. Poisoning by nitrous fumes

3. Anthrax

4. Silicosis
5. Byssionosis

6. Occupational Cancer

7. Noised induced hearing loss. etc.

Que 6 Write in brief

Safety Policy, Safety comity& Safety appraisal committee

1. Safety Policy Rule 73-L made under Sec 7A,41B and 112
 Occupier of every factory shall prepare a written statement of his policy
in respect of safety & health of the workers at work.
 The health & safety policy should contain with –
o Declared intention &commitment of the top management toward
health, safety & environment & compliance with the entire relevant
statutory requirement.
o Organisational set up to carry out declared policy assigning the
responsibility at different level.
o Arrangement of making the policy effective.
 In particular the policy should specify the following-
o Arrangements for involving the workers
o Fixing the responsibility of the contractor, subcontractor,
transporters & other agencies entering in the premises.
o Safety audits & risk assessment for the periodical assessment of the
status on health, safety & environment.
o Arrangement of informing, educating, training & retaining its own
employees at different levels & the public.
 A copy of the declared health & safety policy signed by the occupier shall
be made available to inspector
 Policy shall be made available to the workers, contractors apprentice
&transports. Also should be displayed at all places
 Policy should be made in any language easily understood by the majority
of the workers.
 The occupier shall revise the policy but it should revised only under the
following substances
o Whenever there is a expansion or modification having implication
on safety &health of the person at work
 o Whenever new substance is added in the mfg process having
implication on health & safety of person
2. Safety committee Rule 73-J under section 41 & 41G
 In every factory there shall be a safety committee as per below criteria :
o Where 250 or more workers are employed
o Which carriers’ on any process coming under dangerous operation
under sec 87 & employees more than 50 workers or
o Which carries on Hazardous process as defined under sec 2cb of
the act & employees more than 50 workers
 The representative of the management of the safety committee shall
include –
o A senior official shall be the chairman
o A safety office or factory medical officer shall be the secretary of
the committee
o A representative each from production, maintenance & purchase
department.
 The workers representative on this committee shall be elected by the
workers.
 The tenure of the committee shall be the two years
 Safety committee shall meet as often as necessary but at least once in
every quarter. The minutes of the meeting shall be recorded & produce to
the inspector on demand.
 Safety committee shall have the rights to –
o Ask for the necessary information concerning the health & safety
of the workers
o Seek any relevant information concerning health & safety of the
worker
 Functions & duties of the safety committee shall be-
o Assisting &co operating with the management in achieving the aim
& objective of the health & safety policy made by the occupier
o Dealing with all matters concerning to the health, safety &
environment & to arrive at practicable solution to the problems
encountered.
o Creating the safety awareness among all the workers
o Undertaking the educational, training & promotional activities
o Carrying out health & safety surveys & identify causes of the
accident
 o Looking in to any complaint on an imminent danger to the safety,
health of the workers & suggest corrective measures
o Reviewing the implementation & recommendation made by it
3. Safety Appraisal committee Sec 41A, rule 73 LK

The purpose of the safety committee

 The state government appoints the site appraisal committee for the
purpose of grant of the permission for the initial location of the factory
involving a hazardous process or the expansion of any such factory.
 The site appraisal committee shall examine an application for the
establishment of the factory involving hazardous process & make the
recommendation to the state govt. within a period of the ninety days of
the receipt of the application in the prescribed form.
 The site appraisal committee shall have the power to call for any
information from the person making an application for the establishment
or expansion of a factory involving the hazardous process

Members of the site appraisal committee

 A chief inspector of the state shall be the chairman

 A representative of the central board for the prevention & control of
water pollution by central govt under section 3 of the water prevention &
control act ,1974
 A representative of the central board for the prevention & control of air
pollution by central govt under section 3 of the air prevention & control
act ,1981
 A representative of the state board appointed under section 4 of the water
act 1974
 A representative of the state board under section 5 of the air act 1981
 A representative of the department of the environment in the state
 A representative of the metrological department of the govt of India.
 An expert in the field of the occupational health
 A representative of the town planning department of the state govt.

Que 7. Write a full note on chapter health of factory act 1948

Health Sec 10 to sec 20

 Cleanliness –
o Every factory should be clean and free from eluent arising from
any drain or other nuisance.
o Accumulation of dirt shall be removed daily by sweeping.
o The floor of the every workroom shall be cleaned at least once in
every week by washing.
o Effective means of drainage shall be provided & maintained.
o All the inside walls, ceilings or top of the rooms shall be repainted
or varnished at least once in every period of five years .
 Disposal of waste & effluents –
o Effective arrangement shall be made by the company for the
treatment or disposal of the waste due to the mfg processes.
 Ventilation & temperature –
o Adequate ventilation by the circulation of the fresh air
o Maintain such a temperature for the workers for more comfort &
prevent injury to the health.
 Dust & Fumes –
o If by means of the mfg processes, any dust & fumes occurs in
premises which is likely to be injurious or offensive to the workers,
effective measures shall be taken for fume extraction at the point of
the origin of dust & fumes.
o In any factory no stationary internal combustion engine shall be
operated unless the exhaust is conducted in to the open air.
 Lighting –
o In every factory where the workers are working, there should be
provided & maintained the sufficient & suitable lighting, natural &
artificial lighting or both.
o In every factory, glazed windows or skylight used for the lighting
should be cleaned both inside & outside surface.
 Drinking water –
o In every factory, effective arrangement shall be made to provide &
maintain the suitable points, conveniently situated & sufficiently
supply of the water for all the workers.
o All such a points should be marked “Drinking Water in a language
easily understood by a majority of the workers in factory.
o For more than 250 workers capacity, effective arrangement for
cooling drinking water shall be made during hot weather condition.
  Latrine & urinals –
o Sufficient latrine & urinals shall be provided conveniently situated
& accessible to the workers at all times while they are at work.
o Seperate enclosed accommodation shall be provide for the male &
female workers
o These should be adequately lighted & ventilated.
o Sweeper shall be employed whose primary responsibility is to
clean the latrine & urinals.
 Spittoons –
o In every factory there should be sufficient number of spittoons
which should be clean & hygienic condition.
o No person shall spit in factory premises except the spittoons &
there should be penalty for its violation shall be displayed at
suitable premised in the factory.
o The state govt may make the rules for the type & number of the
spittoons to be providing in the factory premise & also provide the
matters of maintenance of it to ensure clean & hygienic condition.

Que 8 – Explain the duties of the occupier as per the factory act 1948

Sec 7A Duties of the occupier

 Every occupier shall ensure health, safety & welfare of all the workers.
 Provision of the matters to which such duty extends, shall include –
o The provision & maintenance of the plant & system of work in
factory are safe & without risk to health.
o Arrangement for safety & absence of the risk to health while
handling, storage & transport of the articles or substance.
o Provision of information, instruction, training & supervision as are
necessary, withy to ensure safety & health of workers at work.
o Provision, maintenance & monitoring of such working
environment that is safe, without risk to health for the workers.
 Occupier shall prepare a written general policy which relates to the
health, safety & welfare of the workers & environment.

Que 9 – What do you understand by the manufacturing process & the

factory.

Manufacturing process ; Sec 2 ( K )

  Manufacturing process means any process for
o Making, altering, repairing, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing or adopting any article &
substance with a view to its use, sale, transport, delivery or
disposal.
o Pumping oil, water, sewage or any other substance.
o Generating & transmitting the power.
o Composing types of printing, printing by press, book binding, etc.
o Preserving or storing any article in cold storage.
o Constructing, reconstructing, repairing, refitting or breaking up the
ships or vessels.

Factory - - Sec 2 (m)

 Factory means any premise including the precincts thereof-

o Where ten or more than ten workers are working in any part of the
mfg process with the aid of the power.
o Where twenty or more workers are working in any part of the mfg
process without the aid of the power.

Que 10 – What compulsory information occupier shall give & to whom?

 The occupier shall at least 15 days before he begins to occupy of use the
premise as a factory send a written notice to chief inspector containing-
o The name & situation of the factory
o The name & address of the occupier, owner of the premises or
building
o The address of communication of the factory
o The nature of the manufacturing process carried out in the factory
during last 12 months in case of existence of the factory or the mfg
process to be carried out during next 12 months.
o Total rated of HP installed or to be installed in the factory.
o The name of the manager of the factory.
o The numbers of the workers likely to be employed in the factory.
 Whenever a new manager is appointed, the occupier shall send written
notice to the chief inspector within seven days from the date on which
such person takes over charge.