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A SYNOPSIS BY PROF. H.A.C. POPPEN DIRECTOR CHRIST COLLEGE INSTITUTE OF MANAGEMENT, BANGALORE-560 029.
I. WHAT IS THE LEGISLATIVE BACKGROUND OF THE ACT?
1. The original Act of 1948 was based on the Royal Commission Recommendations of 1932. 2. The Act was substantially amended in 1976 and 1987. 3. The procedural aspects of the law in Kerala is governed by the Kerala Rules 1957. and in other states by the Rules of the states concerned.
II. TO WHAT KIND OF ESTABLISHMENTS DOES THIS LAW APPLY?
1. It applies to establishments falling under the definition of „Factory‟ as defined in Section 2(m) of the Act.
III. WHAT IS A “FACTORY” AS PER THE ACT?
1. Factory is a premise or precincts where “MANUFACTURING PROCESS” is carried on or were carried on any day of the preceding 12 months with: a. At least 10 “WORKERS” if “power” was used in the manufacturing process. OR b. At least 20 “WORKERS” were deployed when no power was used in the manufacturing process.
2. Government has the power under section 85 to apply the provisions of the Act to smaller establishments after giving 2 months prior notice. [Sn 1, 2(m), & 41]
IV. WHAT IS MEANT BY THE TERM MANUFACTURING PROCESS UNDER THE FAXCTORIES ACT? The term “manufacturing process” has a very wide meaning and as per section 2(k) covers the following processes: 1. Making/ altering/ repairing/ ornamenting/ finishing/ packing/ oiling/ washing/ cleaning/ breaking up/ demolishing/ or otherwise treating or adapting any article with a view to its use, sale, transport, delivery or disposal. OR 2. Pumping oil, water, sewage or any other substance; OR
3. Generating, transmitting, or transforming power. OR 4. Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; OR Constructing, reconstructing, repairing, refilling, finishing or breaking up ships or vessels; OR 6. Preserving or storing any article in cold storage.
V. WHAT IS THE MEANING OF THE TERM “POWER” UNDER THE FACTORIES ACT?
1. The term “power” is not confined to electric power 2. As per the definition in section 2 (g) it includes electrical energy as well as any other form of energy which is mechanically transmitted, but is not generated by human or animal agency.
VI. WHO IS A “WORKER” UNDER THE ACT?
1. It includes all categories of employees (including managerial and supervisory staff) deployed (directly or indirectly) on the manufacturing process (includes regular as well as contract and casual workers deployed inside the factory premises). 2. It includes also persons deployed for cleaning any part of the machinery or premises used for manufacturing process.
3. Unlike in ESI, EPF, ID Act and other labor Acts there is no salary ceiling to exclude any person working inside a factory from the scope of the term “worker” as defined in section 2 (l). 4. However the definition excludes members of the armed forces of the union of India.
VII. WHO ARE THE ESTABLISHMENT OFFICIALS WHO ARE MADE ANSWERABLE FOR FAILING TO COMPLY WITH OBLIGATIONS UNDER THE ACT?
As per section 92 of the Act, the “OCCUPIER” as well as the “MANAGER” notified under the Act are liable for prosecution for noncompliance of the Act.[S-7A]
Section 93 spells out the circumstance when the owner of the premises may be held responsible.
The term “OCCUPIER” is not synonymous with the term “OWNER”. Section 2(n) defines the term “OCCUPIER” as the person who has ultimate control over the affairs of the factory and stipulate the officials that shall be treated as occupier for purposes of prosecution: Section 7B outlines the responsibility of the MANUFACTURERS supplying articles for use in factories
Category of Establishment
(a) A firm or association of individuals.
(b) In the case of nongovernment factory (c) In the case of Government owned or controlled factory
Person treated as Occupier
Any one of the partners or members. Any one of the directors
The person appointed by the Government for managing the factory
V. The term “MANAGER” is not defined in the Act, but rule 2(l) defines the term “MANAGER” as “the person responsible to the occupier for the working of the factory”. VI. Section 100 & 101 provide the circumstances when the “OCCUPIER” or “MANAGER” can seek exemption from liability or prosecution under the Act.[For Limitation of Prosecution see Sec 106]
VIII. WHAT ARE THE FORMALITIES TO BE COMPLIED WITH ( BY OWNER OR OCCUPIER) FOR STARTING OR OPERATING A FACTORY?
As per Section 6 and rule 3, prior approval of the State Government or Chief Inspector of Factories is required not only for setting up a factory but also for extending or modifying the same. It involves submission of site plan and application for registration and issue of license in Form 1 and 2( See Sections 6, 7, 41A and rules 3,4,5). The construction should be as per approved site and plan. ( See rule 3(5) and 6)
IV-If the process involves one of the 27 processes declared as “hazardous” under section 87, additional information will have to be furnished to the Chief Inspector as stipulated.( Sections 41B to 41F and rule 122
V - The license is to be renewed annually by submitting the renewal application in Form No. 2 ( before 31st October) along with the fee prescribed or applicable. ( See Appendix 1 appearing immediately after Form 43 in the rule book). ( See also rules 6, 7 and 11).
Vi- The license could be transferred to a new owner or occupier after complying with requirements under rule 8. ViiA duplicate license can be obtained by complying with requirements of rule 10.
VIII. As per rule 12, at least 15 days prior notice of commencement of manufacturing operations must be given in Form No. 2 to the chief Inspector along with the particulars stipulated in Section 7.
IX. The persons appointed as “Manager” should be notified in Form No. 23 and also re-notified whenever there is a change in the manager as stipulated in rule 12A.
VIII. Any building used for “Manufacturing Process” must obtain a “Certificate of Stability” in form No. 3 from a Competent Engineer. (See Rule 3(4)). IX. In addition the “Occupier” as well as the person notified as “Manager” shall be responsible for complying with the prescribed provisions of Health, Welfare, Safety, Working Hours, etc.[S7A,41B,41C]
XII. Both of them can be criminally prosecuted for failure to comply with their obligations and the principle of “mens-rea” applicable in criminal law will not be available for their defense.[S92]
IX.WHAT ARE THE SAFETY PROVISIONS IN THE FACTORIES ACT &RULES?[S21to41]
1. Fencing of Machinery; [R53,54,55,56] For the protection of workers from danger, the moving parts of prime movers including flywheels, parts of transmission machinery and dangerous parts of all machines are required to be securely fenced. The guards used for fencing shall be well constructed and kept in position when the parts they are fencing are in motion or in use.
The following parts of machines are to be provided guards by the makers before sale. [R 71]
• Back gears, change wheels and cog drives of lathes.
• Back gears, and level gearing of drilling machines. • Gear wheels and bevel drives of planing, shaping, slotting and milling machines. • All cog and bevel drives of oil expellers.
2. The Floor Around Machines and Cleaning of
Machines [R 57] The floor around machines shall be level and shall be maintained in good repair and be nonslippery. The machinery in motion shall not be cleaned with cotton waste, rags or similar materials held in hand. 3. Display of Safety Poster [R 68] Suitable pictorial safety posters shall be displayed in every room where machinery is in use in order to create safety awareness among workers.
4. Work ON OR Near Machinery in Motion [R 58,59,60,61,62,63,64,65,69A & S 21,26] 1. When a machinery which is required to be fenced is in motion, the examination of any part of it for:(a) lubrication or adjustment and for (b) mounting or shipping of belt can be carried out only by an adult male worker: (i) Who is specially trained (ii) Who wears a tight fitting clothing.
(iii) Whose name has been entered in the Register in Form No.34, and (iv) Who has been furnished with a certificate of his appointment as a trained worker. At least two sets of tight fitting clothing mentioned above consisting of a tight head dress, a tight fitting shirt or banyan and a tight fitting pair of shorts shall be supplied to the worker free of cost every year by the occupier of the factory.
2. Women and young persons (those who have not
completed eighteenth year of age) are prohibited from the cleaning, lubrication or adjustment of parts of machinery in motion involving risk of injury either from that machine or from any adjacent machine. 5. Employment of Young Persons on Dangerous Machines [R 70, Sec 28,29,30 & 23(1)] young persons above fifteen years and below eighteen years shall not be engaged on the following machines without being :(a) fully instructed on safety aspects
(b) Adequately trained in the work or (c) under the supervision of a person who has thorough knowledge and experience of the machine:1. Hoists and lifts 2. Lifting machines, chains, ropes and lifting tackles 3. Revolving machinery 4. Power presses or other than hydraulic presses 5. Milling machines used in the metal trades 6. Guillotine machines 7. Circular saws 8. Platen printing machines
6. Striking Gear And Devices For Cutting Off Power[R-65,S-24] 1. Suitable striking gear or other effective mechanical appliance shall be provided and maintain for moving driving belts to and from fast and loose pulleys and lax for preventing the belt from creeping back on to the fast pulley. 2. Suitable device for cutting off power in emergency from running machinery shall be provided and maintained in every workroom. Arrangement shall also be made for locking the device in safe position to prevent accidental starting of machine after power is switched off.
7. Self Acting Machines [Sn-25] To prevent the risk of accidents, the traversing part of a self acting machine ( such as spinning mule or a metal planing machine) or the material carried on it shall not be allowed to run on its outward or inward traverse within a distance of forty five centimeters from any fixed structure ( such as a wall or an adjacent machine) if the space over which it runs is one in which a person is liable to pass.
8. Hoists And Lifts [R 72,73 & S 28 &29 (2)] Hoists and lifts shall be of good mechanical construction, sound material, adequate strength and be properly maintained. They should be thoroughly examined by a competent person at least once in every period of six months and a register containing the particulars of such examination shall be maintained in Form No.41. the maximum safe working load shall be marked conspicuously on every hoist or lift and the same shall not he exceeded.
The hoist way or lift way shall be adequately protected by an enclosure fitted with gates having interlocking arrangement to prevent any person or thing from being trapped between any part of the hoist of lift any fixed structure or moving parts. Hoists and lifts used for carrying persons shall satisfy the following requirements: 1. Gate provided for the cage shall be fitted with interlocking or other efficient device to ensure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed.
2.Where the cage is supported by rope or chain, there shall be at least two ropes or chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load. 3. Efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of ropes, chains or attachments. 4. An efficient automatic device shall be provided and maintained to prevent the cage from over running.
9.Lifting Machines, Chains Ropes and Lifting Tackles [R 58, 59 S – 29] The Factories Act defines “Lifting Machine” as a crane, crab, winch teagle, pulley block, gin wheel. Transporter or runway and “lifting tackle” as any chain sling, rope sling hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.
The lifting machines chains, ropes and lifting tackles used in factories shall be of good construction, sound material, adequate strength and be properly maintained. They shall be thoroughly examined by a competent person at least once in every period of twelve months and certificate of such examination be obtained. The safe working load and an identification mark shall be conspicuously marked on them and a register containing the prescribed particulars including the above details is to e maintained.
A certificate of examination is required to be obtained from a competent person before taking them into use in a factory for the first time and also before being taken into use after any repairs. Only a competent and reliable person who has completed 18 years of age can be employed as driver of a lifting machine or to give signals to a driver.
10.Revolving Machinery [R53,54,55,56,81,Sn30]
In factories where grinding process is carried out, a notice containing the following particulars shall be displayed near the grinding machines in order to ensure that the safe working peripheral speed is not exceeded: i) maximum safe working peripheral speed of every grindstone or abrasive wheel. ii) the speed of the shaft or spindle upon which the wheel is mounted.
iii) the diameter of the pulley upon such shaft or spindle the necessary to secure such safe working peripheral speed. Effective measure shall also be taken to ensure that the safe working peripheral speed of every revolving machine driven by power is not exceeded. 11. Pressure Vessel or Plant [R74,74A,81D,Sn 31(2)] pressure vessel means any vessel subjected to or operated at pressure greater than the atmospheric pressure (i.e., exceeding 15 psi 1kg/cm2 absolute) and includes its piping and other fittings operated at a pressure greater than the atmospheric pressure.
The pressure vessel or plant shall be properly designed on sound engineering practice, be of sound construction and material and of adequate strength. It shall be free from any defect and properly maintained in a safe condition. The vessel has to conform to I.S.I. or any other Regulation, standard or law in force in this country or in its country of manufacture. the safety devices which are required to be fitted with the pressure vessel are: (1) a suitable safety valve (2) a suitable pressure gauge (3) a suitable stop valve (4) a suitable nipple and globe valve to facilitate attaching a test gauge and (5) a suitable drain valve or a cock.
If the working pressure of the vessel is less than the pressure at the source of supply, or less than the pressure which can be obtained in the pipe connecting the pressure vessel with any other source of supply, a suitable pressure reducing valve or any other suitable automatic device to prevent the safe working pressure off the vessel being exceeded is required to be provided.
A proper reducing valve would mean in addition a suitable safety valve and a pressure gauge on its low-pressure side. In order to protect the pressure vessel in the event of failure of the reducing valve or the pressure control devices, and additional safety valve having a capacity to release all steam, vapor or gas, without undue pressure rise, is to be provided.
with regard to in service examination and testing of pressure vessels, these have to be examined by a competent person externally once in every period of 6 months, internally once in every period of 12 months and also in addition, hydraulically tested once in every 4 years. In case internal examination is not possible, it may be replaced by a hydraulic test at least once in every 2 years.
When it is impracticable to carry out either external or internal examinations and also an hydraulic test, the last owing to its construction and issue, it would be and further to carry out a thorough, systematic non-destructive test, such as ultrasonic, at least once in every period of 4 years, for determining metal thickness or other defects of all parts.
the report of examination or test carried out by a competent person is to be obtained in Form No.8. in the event of reducing the maximum permissible working pressure or suggesting any repairs or safety measures, the competent person is required to send a copy of the report in Form No.8 to the Inspector of Factories within seven days of completion of examination.
Reaction vessels or kettles shall be operated only as per guidelines in Rule 81-E [Vessels which operate at a pressure below atmospheric pressure but in which there is likelyhood of pressure being created above atmospheric pressure due to reaction getting out of control]
12. Floors, Stairs and Means of Access; and Opening in Floors [R-77, R 81A & S 32, 33] The floors, steps, stairs, passages and gangways provided in factories shall be of sound construction and properly maintained. They are to be kept non-slippery and free from obstructions Substantial hand-rails are also required to be provided wherever necessary. The safety of a person who is required to work at a height from where he is likely to fall to be ensured by fencing the area or otherwise. All opening in the ground or in floors which are sources of danger must be securely covered or fenced.
13. Excessive Weights [R 75, S – 34(2)] The maximum weight that can be lifted, carried or moved by hand or on head by a person without being aided by another person are fixed as follows Persons Maximum Weights (kg) Adult Male 55 Adult Female 30 Adolescent male 30 Adolescent female 20 Male child 16 Female child 13
The maximum weight that can be lifted, carried removed by hand or on head by a woman or a young person, in conjunction with others, is limited to the lowest weight fixed for any of the persons in the group, multiplied by the number of persons in the group.
14. Protection of Eyes [R 76, S 35] Effective screens or suitable goggles are required to be provided for the protection of persons employed in or in the immediate vicinity of processes which involve risk of injury to the eyes from particles/fragments thrown off; or by reason or exposure to excessive light of infrared or ultraviolet radiations. The process which involve risk to the eyes have been specified in Schedule I and Schedule II of Rule 76.
15. Precautions Against Dangerous Fumes, Gases Etc. in a confined space: [ R-77,78 S 36(6) ]
Every chamber, tank, vat, pit, pipe, flue or other confined space which is likely to contain dangerous fumes and which persons may have to enter shall be provided with a man hole of following specifications, unless there is other effective means of entrance:a) Rectangular or oval shape 16*12 inches b) Circular shape – minimum dia 16 inches
Entry in any confined space referred above is prohibited unless the following requirements are also satisfied: I. All practical measures have been taken to remove any gas, fume, vapor or dust that may be present so as to bring its level within the permissible limits. Any ingress of gas etc. has been prevented. The person entering is wearing suitable breathing apparatus and a safety belt securely attached to a rope the free end of which is held by a person outside the confined space.
16. Precautions Regarding the Use of Portable Electric Light: [S-36-A]
The use of a portable electric light of voltage exceeding 24 volts is prohibited inside a confined space unless adequate safety devices are provided. Only a lamp or light of flame-proof construction is permitted inside a confined space, which is likely to contain any inflammable gas, fumes, or dust.
17. Explosive or Inflammable Dust, Gas etc.: [R-78, 81 D, S 37]
If any manufacturing process produces explosive or inflammable dust, gas etc., the following measures are to be adopted to prevent any explosion:I. Effective enclosure of the plant or machinery used in the process. II. Removal or prevention of the accumulation of such dust, gas etc. III. Exclusion of effective enclosure of all possible sources of ignition.
18. Precautions in Case of Fire: [R 79, S38]
As a precautionary measure to meet an emergency arising out of an outbreak of fire, adequate safe means of escape and equipments and facilities necessary for extinguishing fire shall be provided and maintained in a factory. Distinctively marked emergency exits, which are free of any obstruction, shall be provided in every room to permit safe escape of the occupants.
Adequate numbers of suitable type of Fire Extinguishers, Fire Buckets and provision for sufficient supply of water shall be available for fire fighting. The fire fighting equipments shall be subjected to routine maintenance, inspection and testing; and the following details are to be painted with white paint on the body of each equipment. I. Serial number II. Date of last refilling, and III. Date of last inspection.
Sufficient number of persons shall be trained in the proper handling of fire fighting equipments and fire fighting drills are to be held at least once in every 3 months.
In the absence of an automatic fire alarm, a manual fire alarm system is required to be provided, if the total capacity of the building is over 500 persons, or if more than 25 persons are employed above or below the ground floor. However, manual fire alarm is not required in any one – storey buildings where the entire area is clearly visible to all occupants.
19. Examination of Eye Sight of Certain Workers:[R-81 G]
A person can be employed to operate a crane, locomotive or forklift truck, or to give signals to a crane or locomotive operator only if his eye sight and color vision have been examined and declared fit by a qualified ophthalmologist to work with or without the use of corrective glasses. The eye sight and color vision are to be examined at least once in every 12 months up to the age of 45 years and once in every 6 months beyond that age. The fee for such examinations are to be borne by the occupier of the factory. A register of examinations and re-examinations is to be maintained in form N0. 43.
20. Safety of Buildings and Machinery: [R 81A, 81 B, 81C] and S-40, S-40A]
If the conditions of any building, ways, machinery or plant is apparently dangerous to human life or safety, the Inspector of Factories is empowered to:I. Call for a stability certificate II. Require the occupier and the manager of the factory to furnish drawings, specifications, other details etc. to ascertain the safety of building, ways, machinery of plant
Require the occupier and the manager to carry out the measures specified before a stipulated date
Issue prohibition order, if the danger is imminent.
21. Safety Officers: [S-40-B] and R-81 F
In factories wherein one thousand or more workers are ordinarily employed or wherein a hazardous operation is carried on, Safety Officers shall be appointed if so required by the State Government by notification in the official gazette. The number of Safety Officers to be employed in factories as per the Notification issued by the Government indicating the factories category wise is as follows:
Number of workers ordinarily employed in factories
Not exceeding 1500 Above 1500 but not exceeding 2500 Above 2500 but not exceeding 4000
Number of Safety officers to be employed
1 2 3
Above 4000 but not exceeding 5000
22. Safety Committee: [R 81-I, S-41-G]
A Safety Committee is required to be set up in every factorya. Where 250 or more workers are ordinarily employed; or b. Which carries on any process or operation declared to be dangerous under sec. 87 of the Act.
c. Which carries on any one of the 29„hazardous process‟ specified in the First Scheduled of the Act.[see the schedule appearing after section 120] The tenure of the committee is two years. The Committee shall meet as often as necessary but at least in every quarter. The composition of the Committee, its right, functions and duties have specified under the Rules.
23. Declaration of Safety Policy[S-41B]
The occupier of the factory is required to prepare and bring to the notice of workers a written statement of his general policy relating to the health and safety of his workers and the arrangements for carrying out the policy.
24.Special Safety Rules
Special Rules have been framed under the Kerala Factories Rules 1957, for ensuring the safety of workers employed in the following factories. 1. Match Factories [R 80] 2. Jute Mills [R 82] 3. Tea factories [R 83] 4. Brick and Tile Works [R 84] 5. Ship Building and Ship Repairing [R 84A] 6. Decorticating Factories [R 85] 7. Printing Presses [R 86]
8. Electric Fittings [R 87] 9. Welding Operations [R 87A] 10. Work on Fragile Roofs [R 87B] 11.All chemical works[R135-206] Special Rules have also been framed in respect of factories where machines noted below are in use. i. Textile Machinery except machinery used in Jute Mills[ SCH – I – After R 81] ii. Cotton Ginning [ SCH II After R 81] iii. Wood Working Machinery [SCH III After R 81] iv. Rubber Mills [SCH IV After R 81]
25. Dangerous Manufacturing Processes or Operations [See R 122 & Schedules 1 to 27 &S41C & 87.] The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations. Rules have been framed in respect of each dangerous process or operation in order to ensure the health and safety of workers employed therein. Employment of women, adolescents and children is prohibited or restricted in certain operations declared to be dangerous.
1. Manufacture of aerated waters and processes incidental thereto.[SCH-1]
2. Electrolytic plating or oxidation of metal articles by use of an electrolytic containing acid and/or other chromium components[SCH-2]
3. Manufacture and Repair of Electric Accumulations.[SCH-3] 4. Glass Manufacture[SCH-4]
5. Grinding or Glazing of Metals.[SCH-5]
6. Manufacturing and Treatment of Lead and certain components of lead.[SCH-6] 7. Generation of Gas from dangerous petroleum.[SCH-7] 8. Cleaning or Smoothing, roughening etc of articles, by a jet of sand, metal short, or grit, or other abrasive propelled by a blast of compressed air or steam.[SCH-8]
9. Liming and Standing of raw hides and skin and
processes incidental thereto. [SCH-9] 10. Extraction of cashew oil, roasting of cashew nuts, and shelling and treating of roasted cashew nuts.[SCH-10] 11. Dyeing, stenciling and painting of mats, matting and carpets and coir and fibre factories.[SCH-11] 12. Cellulose spraying[SCH-12] 13. Graphite powdering and incidental processes[SCH-13]. 14. Certain lead processes carried on in printing processes and type foundries.[SCH-14] 15. Manufacture of pottery.[SCH-15]
16. Manufacture of articles from refractory materials including manufacture of refractory bricks.[SCH-16] 17. Handling and processing of Asbestos, manufacture of any articles of Asbestos and any other process of manufacture or otherwise in which Asbestos is used in any form.[SCH-17] 18. Handling and manipulation of corrosive substances.[SCH-18] 19. Curing, canning or other processing of fish.[SCH-19] 20. Compression of oxygen and hydrogen produced by electrolysis of water.[SCH20] 21 Manufacture or manipulation of carcinogenic Dye Intermediate.[SCH-21]
22. Manufacture or manipulation of manganese and its compounds.[sch-22] 23. Manufacture and manipulation of dangerous pesticides.[sch-23] 24. Carbon Disulphide Plants.[sch-24] 25. Manufacture, handling and use of Benzene.[sch-25] 26. Process of Extracting oils and Fats from vegetables and animals sources in solvent extraction plants.[sch-26] 27. Operations involving High Noise Levels.[sch-
26.PROHIBITION OF EMPLOYMENT ON ACCOUNT OF SERIOUS HAZARD
If the Inspector of Factories is convinced that conditions in a factory or part of it may cause serious hazard by way of injury or death to the workers or to the general public in the vicinity, he can pass orders prohibiting the occupier of the factory from employing any persons in it other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. [see section 87-A]
• The orders passed will be effective for the three days which can be extended by the Chief Inspector by a subsequent order. • The order passed by the Inspector or the Chief Inspector is appealable before the High Court. • A person whose employment is affected by the said order is entitled to wages and other benefits or alternative employment wherever possible.
27.RIGHTS AND DUTIES OF WORKERS RELATING TO SAFETY AT WORK [Sn 41-H 111,111A, ,114,& R198]
The Act confers the following rights on workers to:1) obtain from the occupier, information relating to workers‟ health and safety at work. 2) get trained within the factory or to get themselves sponsored for training on health and safety at work at a training institute approved by the Chief Inspector.
3.) to bring to notice of employer any thing that may pose imminent danger. 4.) represent to the Inspector regarding inadequate provisions for health and safety at work. 5.) the duties of the workers is outlined in R-198, R-206 & S 111.
28. PROVISIONS RELATING TO HAZARDOUS PROCESSES 1.) SITE APPRAISAL COMMITTEE [S 41-A]
The approval of the State Government is required for the establishment or expansion of a factory involving a hazardous process specified in the First Schedule of the Act.[S 2(cb)]
• A Site Appraisal Committee constituted by the State Government with Chief Inspector of Factories as Chairman has to examine an application received for the purpose and make its recommendation to the Government within a period of ninety days of the receipt of application in the prescribed form.
2.COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER R129 to134 [S-41B]
The occupier of a factory carrying on a hazardous process is required to disclose to : a) The workers employed in the factory. b) The Chief Inspector. c) The local authority.
d.) The District Emergency Authority designated
by the Government and e.) The General Public in the vicinity all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes.
The occupier is also required to prepare and submit: 1) A draft on-site emergency plan to the Chief Inspector for his approval and 2) A draft Disaster Control and Management plan to the District Emergency Authority who will finalise it in consultation with the representative of the Chief Inspector and other agencies.
• The contents of both the plans shall be intimated to the workers and rehearsals of the same shall be arranged periodically.
3. SPECIFIC RESPONSIBILITY OF THE OCCUPIER [S 41-c]
The occupier of a factory involving any hazardous process has to : 1) maintain health records or medical records of the workers which are accessible to them. 2) appoint qualified and experienced persons for handling hazardous substances and supervising such handling and
3.) arrange medical examination of every worker before employment and once in a period of 6 months thereafter.
4.PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT R 129-A [S-41-F] The maximum permissible threshold limits of exposure of Chemical and toxic substances in a factory (whether hazardous or otherwise) have been specified in the Second Schedule of the Factories Act.&R-129A
5.WORKERS PARTICIPATION IN SAFETY MANAGEMENT [S-41-G]
A Safety Committee consisting of equal number of representatives of workers and management is to be set up in every factory which carries on a hazardous process. The Committee has to meet as often as necessary but at least once in every quarter.
6.RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER [S-41-H]
• If the workers employed in factory carrying on a hazardous process have apprehension of any imminent danger, they can bring it to the notice of the management and the Inspector of Factories. • The Management has to take immediate remedial action and send a report to the Inspector.
• In case of a dispute, the matter shall be referred forthwith to the Inspector whose decision on the question of the existence of imminent danger shall be final.
7.SPECIFIC RESPONSIBILITY OF THE MANAGER.
• To maintain Muster Roll of all workers [R-132]. • To maintain Register of accidents and dangerous occurrences [R-131]. • To maintain an Inspection Book [R-132]. • To display particulars of rooms and notice boards [R–133 & R-134].
• To notify accidents to all authorities listed under R-123 . • To notify all poisoning diseases as per rule 124 & S 89 (1). [see Sch-III under the act for list of Diseases]
X) WHAT ARE THE WELFARE MEASURES
PRESCRIBED UNDER THE ACT?[S42 – 49 & R88 – 102A] a) Every factory has to provide facilities for washing, storing, and drying clothing and sitting arrangements for employees working in a standing position; maintain at least one first-aid box for every 150 workers equipped with the prescribed contents in the charge of a person holding a certificate in first-aid treatment recognised by the State Govt. and who should be available during working hours in the factory. Maintain canteen where 250 or more workers are employed; creches if there are 30 or more/women and sufficiently lighted and ventilated shelters, rest and lunch rooms if there are 150 or more workmen.[R-88to89A]
b) All factories employing ordinarily 500 or more workers have to maintain ambulance room of the prescribed size, equipment and medical and nursing staff and these facilities are to be available during working hours. Such factories are also to appoint welfare officers in such number and with such duties and service conditions as may be specified by the Government.[R-90]
XI. WHAT ARE THE REGULATIONS REGARDING WORKING HOURS UNDER THE ACT? [S-51-65 & R 103-113] a) No adult worker is to be allowed to work in a factory for more than 48 hours in a week. Daily hours of work should not exceed nine hours a day. The total hours of work in a factory are not to be spread over more than 10 1/2 hours in a day inclusive of the interval for rest. Chief Inspector can increase the spread over up to 12 hours. (Sec.51,54 & 56). b.) Rest Intervals: Periods of work for adult worker in factory each day shall not exceed five hours at a stretch and no worker is to work for more than five hours before he has an interval for rest for at least half an hour (Sec. 55).
c.) Weekly Holidays: Sunday is considered to be weekly rest day , but employers can substitute for Sunday any of the three days preceding or following it, subject to the condition that there must not be more than 10 days continuous work. If a factory is exempted from granting regular weekly holidays, compensatory holidays should be allowed during a month in which holidays were due or within two months immediately following the month (Sec.52,53).
d) Overtime: The total number of hours of overtime which a workman can work is not to exceed sixty for any quarter. “Quarter means a period of 3 consecutive months beginning on the 1st of January, the 1st of April, the 1st of July and the 1st of October. With special exemption under Section 65(3), the OT hours per quarter could go up to 75 hours. e) For extent of exemptions see sec 64 & R 108 to 110 and the schedule,and R-111
A worker working for more than nine hours on any day, and for more than 48 hours in any week shall be entitled to extra payment for overtime work at twice his ordinary rate of wages. For the purpose of overtime “ordinary rate of wages” means the basic wages plus such allowances other than bonus as the worker is entitled to including cash equivalent of the concessional sale to a worker of food grains and other articles.
e.) Overlapping Shifts and double employment : Shifts to be worked should be so arranged that they do not overlap each other. No worker is to be employed doubly on any day on which he has already worked in any other factory (Sec.58,60).
f.) Notice of periods of work for adults: In every factory there is to be displayed a notice of periods of work for adults showing clearly for every day the periods during which adult workers may be required to work. Prior approval of the Inspector must be obtained for making any change in the work periods. No adult is to work in a factory otherwise than in accordance with the notice of period of work displayed in the factory (Sec.61).
g.) Register of Adults Workers: No adult worker is to be allowed to work in a factory unless his name and other particulars are entered in the register of adult worker (Sec.61). The provisions regarding working hours, spread over, weekly holidays, rest intervals and overtime are not applicable to persons holding position of supervission and management[see sec64(1)&R-108&109]
or who are engaged in confidential positions.or In case of any work which for technical reasons must be carried on continuously, or which is intermittent or which can be carried on in 2 fixed seasons, or which is held up due to machinery breakdown, or which requires urgent repairs, or which is a work of national importance, the Government can grant exemption from any or all of those provisions, but such exemption is not to exceed following limits of work inclusive of overtime except in the case of workers engaged in urgent repairs.:-
1) The total number of hours work must not exceed 12 in any day and 60 in any week including overtime. 2) The spread over inclusive of rest interval is not to exceed 13 hours in any one day. 3) The total number of hours of overtime shall not exceed 75 in a quarter or a period of three months, and no one is to be allowed to work for more than seven days at a stretch. 4)Women must not be required to work for more than nine hours and between hours of 7p.m to 6a.m or between 10p.m and 5a.m if this change is permitted by the Government.
5.) There is to be no change of shift except after a weekly or any other holiday. The restrictions imposed under (a) and (b) are not to apply to enable a shift worker engaged in a continuous type of work to work whole or part of subsequent shift in the absence of a worker who has failed to report for duty (Sec.64, 65 and 66).
6) Employment of Women and Young Persons
a) Women workers are not to be employed during night or between the hours of 7pm and 6am. The Govt. is empowered to change the time limit to 10pm and 5am. This limit is also relaxable in case of women workers engaged in fish curing or canning factories for preventing any deterioration or damage to any raw materials. [S-66] & R-111, 62. b) No child below the age of 15 years is to be employed in any factory. Sec 67 & R-112 &113.
c) A child who has completed his 14th year or an
adolescent is not to be employed unless he is Certified to be fit for work in a factory by a Certifying Surgeon. The Certificate is to be kept in the custody of the Manager of the Factory, and the Child or adolescent has to carry with him while at work a token giving reference to such certificate. (Sec.68, 69) d) No child is to be employed, for more than four and a half hours on any day and or during the night, or between 10pm and 6am. Their period of work is also not to be spread over more than 2 shifts of five hours each. (Sc 71)
e) Like an adult every child worker is to be allowed a weekly holiday and no exemption is permissible in this respect (Sec 73) f) A register of child workers is to be maintained showing the name, name of work, number of fitness certificate and particulars of shift of each worker (Sec 73). g) No child workers is to be allowed to work in a factory unless his name and other particulars are entered in the register (Sec 73&74).
Explanation: “Child” means a person who has not completed his 15th year of age. „Adolescent‟ means a person who has completed his 15th year of age but has not completed his 18th year. “Young Person” means a person who is either a child or an adolescent.
XII. WHAT ARE THE PROVISIONS REGULATING ANNUAL LEAVE WITH WAGES FOR WORKERS UNDER THE ACT? S-78 to 82 & R-114 to 121]
Annual leave with wages: a) Every workmen who works for 240 days in a calendar year is allowed an leave with wages at the rate of one day for every annual 20 days ( twenty days) of work performed if he/she is an adult, and one day for every 15 days of work performed if he/she is child (Sec. 79). b) Annual leave can be carried forward upto 30 days in the case of an adult and upto 40 days in the case of a child. Refused leave can be carried forward to any limit. ( Sec. 79).
c) If a worker is discharged or dismissed from service or quits employment, or is superannuated or dies while in service during the calendar year he or his nominee are entitled to wages in lieu of the quantum of the leave to which he was entitled immediately before his discharge, dismissal, quitting of service, superannuation or death even if he had not worked for the qualified period and had become eligible to avail such leave. Payment to leave in such cases is to be made before the expiry of the second working day from the date of such discharge, dismissal or quitting and before the expiry of two months from the date of such superannuation or death.
d) The annual leave is to be paid at a rate equal to the daily average of the full time earnings for the days on which the workman has actually worked during the month immediately preceding his leave, exclusive of any bonus or overtime but inclusive of dearness allowance. ( Sec. 80).
e) A worker who has been allowed leave for not less than four days in the case of an adult and five days in the case of a child is to be paid the wages due for the period of leave allowed before his leave begins. ( Sec. 81).
f) A worker will be entitled to longer period of leave with wages than what is provided under this Act, if the same is provided by an award, agreement or settlement, or contract of service. Totality of the benefit is to be considered to decide as to which leave facilities are more favourable. Note: Some State Govts have provided for the grant of national/festival holidays and also sick and casual leave either in their Shop and Commercial Establishments Acts or in separate legislations on this subject. The supervisors should, therefore, acquaint themselves with such provisions also.
XIII. ACCIDENT AND OCCUPATIONAL DISEASES
Fatal and other accident which prevents an injured person from returning for work for a period of 48 hrs.or more,or ,occupational diseases listed under section89&Sch-III and certain dangerous occurrences whether they cause any bodily injury or not are to be reported to such authority and within such time as may be notified by the Govt. The Govt. may direct enquiry into the case of such accidents and diseases. If the notice relates to an accident causing death, the authority receiving the notice will make enquiry into the occurrence within one month of the receipt of the notice, and the State Govt. may make rules for reporting the procedure for making such enquiries. ( Sec. 88, 88A, 89A, 89, 90).
XIV. SAFETY & OCCUPATIONAL HEALTH SURVEYS: Such surveys may be conducted by the Director General of Factory Advice Service and Labour Institutes of the Director General of Health Services to the Government of India, and every occupier and manager of factories has to afford all facilities for such surveys, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. ( Sec 91 A).
XV. WHAT ARE THE REGISTERS AND RETURNS
REQUIRED TO BE MAINTAINED OR SUBMITTED UNDER THE FACTORIES ACT?
List of Registers & Forms to be maintained under the Factories Act 1. Register of adult workers in Form No. 12 2. Muster Roll (Attendance Register) in Form No. 25 3. Leave with wages register in Form No. 15 4. Register of accidents in Form No. 26 5. Register of dangerous occurrences in Form No. 26A
6. Bound Inspection Book ( Containing Forms 28, 29 and 7) 7. Report of examination of pressure vessels or plants in Form No. 8 8. Report of the testing of lifting machines, chain, rope as in the form prescribed under Rule 35A. 9. Register to record the names of specially trained adult workers in Form No. 35 10. Certificate of stability prescribed under Rule 12-B.
Special Registers and Forms
2. 3. 4. 5. 6. 7. 8.
Certificate of fitness in Form No. 5 (only when non-adult are employed). Humidity Register in Form No. 6 (only in the case of factories where artificial humidification is done) Report of examination of water sealed gas holders in Form No. 8A (Only in the case of factories where water sealed gas holder is used). Register of compensatory holidays in Form No. 9 (Only in the case of factories which have obtained exemption from section52). Overtime muster roll in Form No. 14 (Only in the case of factories which have obtained exemptions from sections 51 and 54). Register of child workers in Form No. 14 (Only in the case of factories which employ child workers). Health register in Form No. 17 (Only in the case of factories where dangerous operations listed in Rule 95 are carried out). Special certificates of fitness in Form No. 27 (Only in the case of factories where dangerous operations listed in Rule 95 are carried out). Running record of overtime in Form No. 25A (Only in the case of factories which are exempted from Section 51, 54, 55, etc.)
List of Notices to be displayed in the Factory
Notice of periods of work in Form No. 11 (English and Local Language). A notice giving the names and addresses of the Inspector of Factories and the Certifying Surgeon of the area. An abstract of the Factories Act and Rules (in English and Local Language). A Notice in each work room giving the maximum number of workers who may be employed in each work room. A notice containing the location of the first-aid boxes, name and designation of the persons who are trained in first-aid, the work room or place where such persons shall be available and the name of the nearest hospital and its telephone number.
Applications or Notices to be sent to the Inspector of Factories
1. Application for renewal of licenses should be sent in Form No. 2 before 31st October of the preceding year (along with the challan for the license fee). Intimation regarding work on Sundays or weekly holidays. (Notice should reach the office of the Inspector of Factories before the weekly holiday or the substituted holiday, whichever is earlier). Half yearly returns in Form No. 21 should be sent so as to reach the office of the Inspector of Factories before 31st July of the year. Annual return in Form No. 22 should be sent so as to reach the office of the Inspector of Factories before 31st January of the succeeding year. Report of accident in Form No. 18 (to be sent whenever there is an accident in which the worker is disabled for more than 48 hours.) Report of dangerous occurrences in Form No. 184 Report of further details of accidents in Form No. 18B. Notice of change of MANAGER in form3A
6. 7. 8.
XVI. ARE THERE PROVISIONS FOR OBTAINING EXEMPTION UNDER THE ACT?
1. The sections dealing with exemption are 5, 37(5), 64, 65, 84 & 86. 2. Rules dealing with exemptions are 78, 101, 102 A, 108,109, 110 & Schedule, 111.
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