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    INDUSTRIAL SAFETY 1 DOC

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    16 views19 pages

    IS12

    Uploaded by

    Vikram Tirpude
    INDUSTRIAL SAFETY 1 DOC

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 19
    Ale Copyright Online (tps:/wa legalservcendlaconvcopyrighttegster hm File mutual DNorce in Del (hetps: vw legalserviceinla convhelpine/mutual consent voce hem) - nine Legal Advice (htps:/www egasericelnda.comy/consultadvie hr) - -awyersin india htps/ nr legalsericelnda.comlawyersfanyers home) The Factories Act,1948 3y Smet Thwart | Views 707081 (author-245-smrit-twar hemi ‘There hasbeen rise of large scale factory! industry in Inia inthe ber haf of nineteenth century. Major Moore, Ispector.n- Chief af the Bombay Cotton Department. in his Report in 1872.73 isto alaised the question fr the provision of legisaton to regulate the working condition in factories: the fist Factories act was enacted in 788) ‘ince then the act has been amended on many occasions. The Factories Act 1924 was assed replacing all the previous lgllation in ragardto factories. This act was crafted inthe light of te recommendations ofthe Royal Commission on Labour. This Acthas aso been amended suitably from timeto time, ‘The experience of working ofthe Factores Act, 1934 had reveled a number of defects and weakness which have hampered effective administration af he ‘Act and the need for wholesale revision of the act o extend its protecve provisions to the lage number of smaller indus estabshments was fe. ‘Therefore, the Factores Act, 1986 consl dating and amending the low relating to labour in factories, was passed by the Constituent Assembly on August 28, 1948, The Act received the assent of Governor General naa on 23 September 1988 and came inc force on Api, 1948, Objective of Factories Act 1946 ‘The main objecives of the Indian Factories Act, 1948are to regulate the working cordtions in factories, to regulate heath safety welfare, and annual leave and enact special provision in respect of young perso, women andchiléren who workin the factories |. Working Hours -Acordng tothe provision of working hours of adults, no adult worker shall be required or allowed to workin 3 facory or more than 48 hours na wee, hare shoul be 2 weekly holly Health For protecting the heath of workers, the Act lays dawn that every factory shall be Kept clean and all necessary precautlonsshallbe taken inthis gard. The factories snouls have proper arainage system, adequate lighting, verlatan, vemperature et ‘Adequate arrangements fr drinking water should be made, Suficen lavine and urinals shouldbe provided at convenient ples These should be easily accesible to workers and must be ke lanes, 3. Safer: Inorder to provide safety tothe workers the Act provides thatthe machinery shoulé be fenced, no young person shall work at any dangerous machine in Confined spaces, here shoul be provision for manholes of adequate sizes that in case of emergency the workers can escape 4.Wettare Forte welfare ofthe workers, the Act provide thatin every factory adequate and sutable faites for washing shouldbe provides and maintained forthe use of workers Facies for storing ard drying clothing, Facts for sting staid applances, shelters, restrooms’ and lunch rooms, créches, shouldbe there 5. Penates- ‘The prowsions of Me Factores Ac, 1948, or any rules made under the Actor any order ven in writing under the Acs wold, tI treated as an fence ‘The following penalties canbe imposed {a} Imprisonment fora term which may extend o one yea {©)Fne which may extend to one lakh rupees or {e) Both ine and imprisonment '¥aworker misuse an appliance related ro welfare, safety ang heakh of workers, or in relation to discharge of his cuties, he can be imposed 2 penalty of Rs sous Anpliablty of Factores Act, 1948 "he Acts applicable to any factory whereon ten or more workers are working oF were working on any day ofthe preceding twelve months, and In any part af wien a manufacturing process is being carried on with the ad of power ors ordrarly So carted on or whereon twenty or more workers are working, or were working an ay day of ere preceding twelve months, and inary part of which 2 manufatutng process's being carved on without the ald of power, is erdinary so carted on Bu this does no include a mine, ora mobile unt belong tothe armed forces of he Union, a ralaay running shed oF 2 hotel restaurant oF eating pace. importance of Factores At, 1948 “The Factories Act, 1948s a benef eistion, The aim and object of the Acts essential to safeguard the interests of workers, stop thelr exploitation and take care of el safety, hygiene and welfare a ther places of work. cats various obligations, dules ang responsibies onthe occupier ofa actory and also on the factory manager. Amendments tate Ac and court deisans have further extended the nature and scape ofthe concept of eccuple, especially s-9s hazardous processes in factories Defhitions 1.Who isan Occupler? cording to section 20) occupier” of» factory means the person, whe has imate contol over the affairs ofthe actor, Provided that ‘inthe case of frm or other association of individuals, any one ofthe individual partners or members thereo shall be deemed tobe the ocupir bin the case ofa company, any ene ofthe directors, shall be deemed ts be the occupier: Lin te case of facory owned or controled bythe Central Government or any State Government, or any local author the petson or persons appointed to manage the afar ofthe factory by the Central Government, the State Government or the local authority, as the ase may be shall be ddesmed 0.08 te occupier Provided further that nthe case of a ship whch Is blng repaired, or on whch malntenance works being carried out, n'a dry dock whichis avallable or a) the owner ofthe dock sha be deemed tobe the occupier forthe purposes of any mater provided or by or unde. {a) section 6, section 7, section 74, section 78, section 1 or section 12; (©) section 17, in so far as itrelatest the providing and mainterance of sutcien: and sukable lighting nor around the dock: {@) section 18 section 19, section 42, section 46, section 47 ar section 49, in relation to the workers employed on such repair or maintenance; {2)the owner ofthe sip or hi agent or master ar ater offceran-charge ofthe ship or any person whe contact wth such owner, agent or master or cther fcerincharge te cary aut the repar or maintenance work shall be deemed tobe the occupier fore purposes of ary matter provided for by or under Section 13, section 14, section 16 or section 17 [save as otherwise provided his prowso} or Chapter IV except secon 27) or section 43, section 44 oF Section 45, Chapter, Chapter Vl Chapter Vl or Chapter Ko Section 108, section 109 or section 110, ln elation to {a)¢he workers employe ect by him or by or through any agency ane {o)the machinery, plant or premisesin us forthe purpose of carrying out such repair or maintenance workby such owner, agent master or other oficer- in-charge or person. TON Exchange incia La. V.Deputy Chie" inspector of factories, Salers (1996). was held shat owner can nominate any person tobe in ukimate contrelover the afar ofa factory. no one else has been nominated tobe inulimate control over the afar ofthe company Director ofa company or any partner of partnership is deemed tobe he occupier. 2.Whatisa factory? ‘Acordngt section 2m) factory’"mears any premises including the precincts thereot- “fwmereon ten or mare workers are working, or were working on any ay af the preceding twelve months, andin any part of which a manufacturing, process beng carried on wth the aid of power, ois rdinarlys0 carried an, oF ‘obwhereon twenty or more workers are working, or were working on any day of the preceding twelve months, andin ay part of which a manufacturing process beng carried on without the aid of power, ois ordinal so carried on, -but doesnot include a mine subject othe operation of the Mines Act 1952 000% of 1952} or a mabile unt belonging t the armes forces ofthe Union, railway runing shed ora hotel, restaurant or eating place: Explanation I~ For computing the number of workers forthe purposes of ths clause all the workers in ferent grouse and elys in a day shall be taken inv account: Explanation Fore purposes oft lass, the mere fact that an Electronic Data Processing Unit ora Computer Uni i istalledin ary oremises or art ‘thereof, sal not be construed ta make Ita factory ne manufacturing process is being carried on in such premises er par thereof: 3. Who isa Worker? ‘According t section 29 "worker" means a person employed ditectly or by or through any agency including a contractor] with or without the knowledge of the principal employer whether for remuneration or notin any manufacturing process, on ceaning ary prt ofthe machinery or premises used fora ‘manufacturing process, ot any other kindof wrk incidental, oF connected wit) the manufacturing process, othe subec ofthe manufacturing process but does net include ary member ofthe armed forces ef the Union; 4. Whats Manufacturing Process! ‘According ta section 2) "manufacturing process" mean ny proces fr oy making, akering. repairing. omamenting ishing packing ling, washing, dearng breaking up, demolishing or otherwise treating or adopting ay article or substance with a view tts ure, sale transport, delvery or aeposal: or 4) Pumping ol, ater, sewage or any otrer substance; or i) Generating, ransforming or transmitting power, or {composing ypes for printing, printing by leer ress, legraphy,photograwure or other sma processorbookbinging: 0° ‘constructing reconstructing repaing etn finishing or breaking up ships or vessels or ‘Preserving or storing arya in cold storage: 5. Whatis hazardous process? ‘According to section 2cb) "hazardous process" means any processor activin relaon to an industry specified in the rst Schedule where, unless special Care's taken aw materials used therein orth intermeciateorRirished products, bye-products, wastes or effuents thereof would. (0/cause macerial impairment tothe health of the persons engaged in or connected therevit, oF (i) resultn the pollution ofthe general environment Provided tat te State Government may, by netfeation inte ofl Gazette, amend te Fst Schedule by way of adeton, omission or varaton of any Instr specified in the said Schedule Duties of Occupier ‘The Duties of Occupier have been leary mentioned inthe following sections a Factories At, 1848: 1. Notice by Occupier (Section 7) ‘The occupier shal sendto tne Chel Inspector a written notice in respect of al establishments which come within the scope ofthe Act forte st time, before a facrory engaged in a manufacturing pracess which s ordinary carried on for less tan ane hundred and eighty working days inthe yor resumes working, whenever anew managers appointed. During any pevied for which ne person has been designated as manager of a factory or during which the person designated does rot manage the factory, ary person found acting 35 manager, or fre such person i found, the cecuper himself, shal be deemed tobe the manager ofthe factory forthe purposes ofthis Act. 2. General Duties ofthe OccupieSection7A) {To ensure the heath safety and welfare of all workers while hey are at workin the factory 19 7o provide and malntaln the plant and systems of workin the factory that are safe and wihoutriskto health of te workers 1 Te provide arangements inthe factory for ensuring safety and absence of risk a health in connection withthe use, handing, storage and transport of artes and substances 1*7o provide such informatio, insttction, traning and supervision as ae necessary to ensure the heath and safety of ll workers at Work, {Te maintain al places of work nthe factory in a canton that is safe and without risks te health and te provide and maintain such means of accesso and egress from, such places as are safe and without such sks. 1 Te provide, maintain or meriter such working vironment in the factor forthe workers tha is safe, without rskto health and adequate as regards ‘cities and arrangements fr their welfare at work 17 o prepare awrite statement of his general policy wih respect tothe heath and safety ofthe workers at work and the organization and arrangements In force for carrying out tat poly 3. Appointment of Safety offers. (Section 40-8) Ic shall be the aut othe ofthe Occupier co Appoint a Saety acer in factory | Wherein one thousand or more workers are ordinarily employed, of a) Wherein, inthe opinion ofthe State Government, any manufacturing processor operation i carried on, which processor operation volves ay rik of bedi injury, poisoning or aisase, or anyother hazard to heath, to the persons employed in he factory itso requir bythe State Government by notfication in the offical Gazette. 4, Compulsory Disclosure of Information by the Occupier (Section 41-8) Campulzory dlslosure of information by the accuper 17 The occupier of every factory Involving a hazardous process shall dsclosen the manner prescribed tothe Chief Inspector and te local author {The occupier shal, a he cme of reistering he factory ivoling a hazardous proces, lay down 3 detailed policy wth respec tothe heath and safety of the workers employed therein and intimates such polit the Chet Inspector and hela authority, |# Every occupier shall with the approval ofthe Cre Inspector, draw up an onsite emergency plan ané deed disaster control measures for his factory ‘and make known tothe worers employed therein and tothe general publicIving inthe vty ofthe factory the safety messuresrequted tobe taken in the event of an scidnt taking ple {The occupier of factory involving a hazardous process shall withthe prewous approval the Chet ispectr, ly down measures forthe handling usage transportation and storage of hazardous substances inside the factory premises anc the disposal of such substances outside the factory premises and publese them in the manner prescribed among the werkers and tne general public Ivngin the vient. 5. Specfc Responsblty of the occupier in relation to Hazardous Process. (Section 41-0) Every occupier of 2 factory valving any hazardous process shall 1 maiotan accurate and upasdate health records or, a5 the case may be, medical records, ofthe workers inthe factory 1 appoint persons whe possess qualifications and experience in handling hazardous substances 1 Provide fr mesica examination of every worker 6. Worker’ Participation in safety management (Section 41-6) ‘The occupier shal n every factory where a hazardous process takes place, or where hazardous substances are used or handle, set up 2 Safty Committee ‘Conssting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety andhesth at werk and to review periodically the measures taken in that behalf, 7.Right of Workers to be warned about imminent dangers. (Section 41-H) Ir shall ae the cuty of such occupier, agent, manager or the person Ia charge ofthe factory or process 0 take Immediate remedial action fhe s satsfed abou the exstenceof such imminent danger and send a reprt forth ofthe action taken tothe nearest speccor. 8 Facts for sting and Canteens. (Section 42 to 48) Iris the duty of occupier to provide welfare faites ke Lunes rooms, Canteen Créhe, Washing facies, stad applances et, tall orkers and to appoint a wetfareofcer. 9. Annual Leave wth Wage (Section 78) Forthe purpose of ensuring che continuity of work, the occupier or manager ofthe factory, n agreement with the Werks Commitee ef the factory Consttuted uncer section 3 ofthe Industral Disputes Act, 1947 (14 of 1947), oa similar Commitee constituted under any eter Actor there is no such \Wlerks Committe or a simlar Commitee i the factory, n agreement with the representatives ofthe warkers therein chosen inte prescribed manne, ‘may lodge withthe Chie inspector 2 scheme in wring whereby the grant of lave allowable under this section may be repulsed 10. Safety and Occupational Health Survey. Section 91-4) "he accuper ar manager athe factory or any ether person who forthe time being purpors tobe In charge ofthe facory, undertake safety and ‘accupational heath surveys, and such accuplr er manager or ether person shal afford al failces fr such every, including facies forthe examination and testing a plant and machinery and collection of samples ana exer data relevant othe survey, Duties of Factory Manager ‘The Duties of Factory Manager are mentioned inthe folowing Sections of Factory Ac 1948 - 1. Right of Workers to be warned about imminent danger. (Section 41H), Ieshalloe the uty of such occupier, agent, manager or the person in charge ofthe factory or process to take Immediate remedial action he is satsfed bout the existence of such imminent danger in the factory where the worker i engaged in any hazardous process anc send 2 report forthwith of te action ‘taken tothe nearest Inspector. 2. Notice of periods of work for adults (Seton 61), The manager of ne factory nal dsplay correctly and maintained in every factory in accordance with the provisions of sub-section (2) of section 108, 2 notice of periods of werk for acts, showing leary fr every day the periods during which adult workers may e required to work, fh the periods during which each ey ofthe group may be required to work, classty them inte groups according to the nature of ther work indicating the numberof workersin ‘each group, shall draw up a scheme of shits where under the periods during which ary relay of he group may be required 0 work 23.Registerof Adult Workers. Section 62) ‘The manager of every factory shall maintain a register of adult workers, o be availabe othe Inspector a alltimes during working hours, or when any work is being carried on nthe factory In State of Maharashtra v. Sampat Lal Mensukh Both (htps://mlealsericeinda.com/ssues/topict604-state-of maharashtrasampatlabmensukh- bothrajtm) (1992), as held shat the abigaton to maincain registers is imposed onthe manager and 4. Annual Leave with Wage (Seton 78) For the purpose of ensuring the contnuty of work, te occupier or manager of he factory, n agreement wth the Works Committee ofthe factory onsttuted under section 3 ofthe Industral Disputes Aa, 1987 (14 of 1987), ora simlar Commitee constituted under any ote A oF there sno Such ‘Works Committee ora similar Committee in he factory, n agreement wich he representaves of she workers thereln chosen nthe prescribed manner, ‘may lodge withthe Chie inspector scheme in wring whereby the grant of lave allowable under tis section may be repulted 5. Notice of Certain Dangerous Occurrences. (Section 88A) Notice of certain dangerous occurrences, —Where ina factory any dangerous occurrence of such nature as may be prescribed occurs whether causing any body inary or disability or na, the manager of te factory shall send notice thereof to such authorities, and in such form and thin such te, 38 may be prescribed 6. Notice of Certain Disease (Section 85) Where any worker in a factary contract ary disease specifed in the Third Schedule) che manager of the factory shall sencnatice thereof to such authors, angi auch frm and within such time, as may be prescribed 7.Safety and Occupational Health Survey. (Section 91-4) The occupier ar manager athe factory or ay ather person who forthe time being purpors tobe in charge ofthe factory, undertake safety and ‘occupational heath surveys, and such occupier o* manager or ether person shal afford alates fr such every including faites fr the examination and testing o plant and machinery an collection of samples ang ocher data relevant othe survey. 8. Notice of Certain Accidents (Section 8) ‘herein any factory an accident occurs which causes death, or Which causes any badly injury by reason of which the person injured s prevented from working for 2 period of forycght hours or more immediatly following the accident, oF which sof such nature as may be prescribed inthis behal the manager ofthe factory shall send notice thereo! to such authorities, and in such frm and within sun Une, as maybe prescribed to the Chie! Inspector Genera Procedure As To Fling of Cases in Case of Factory Accidents ‘Whenever an accident takes place in a factory the Occupier or Factory Manager shal nform the Chet Inspector within a period of fry eight hours or so (Section) and shal send Form No. 22 containing alle information regarding the sald accident to Labour Department, Industral Heatn And Safety, ‘which shallinguie into the matter by factor inspector who shall inspect tne accident spo, take the witness of the victims, hen he shallisue a show cause notice tothe Occupier and Factory Manager to reason out the causes ofthe mis happening. f the Factory Inspector ist satisfied wit the reply given by the factory management he shallinetute a case agains the Occupiar and Factory Manager befor Judicial Mapstrate Firs Clas, Labour Court (Section 108).Then incase the party tothe dsputes are not sated with he judgement hey sal refer the ase tothe High Court or and tothe Supreme Court respectively Penalties under factory act, 1948 Section 62. General penalty for offences. - Sawe asis otherwise express provided in this Ret and subject othe prowsians of section 93 fin, oF n respec of any factory there any contravention of the prousons ofthis At oF of any rules mace there under or of any order in writing given thereunder, he ocupier of manager ofthe factory shal each be {uly ofan offence and punishable with impr'sorment fra term which may extend 0 two years or with fine which may extend to one lakh rupees or with both, anf the contravention continued after conviction, with as further fine which may extend te one thousand rupees for each day on which the contravention ssa continued Provided that where contravention of any ofthe provisions of Chapter IV or any rule made thereunder or under secon 87 has resulted in an accident ‘causing death or serious body injury, che fine shal not be less than twentyfve thousand rupeesin he case ofan accident causing death and fe ‘thousand rupees inte case ofan acedent causing serious bol injury Explanation. «In this secon and n section 94 “serous badly injury" mens an injury whch lvlves, or in all probably wil Inve the permanent loss of ‘the use of, or permanent injury, ary lmb or the permanent los of, oF injury sigh or hearing, ar the fracture af any bone, bur Shall nt Include the fracture of bone a joint not being fracture of more than one bone or jolt) of and phalanges ofthe hand or foot ‘General Manager, Wheel & A. P, Bangalore v. State of Karnataka (19961 was hele in his

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