insight on the factories act, 1948
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INSIGHT ON The FACTORIES ACT, 1948. What the Department of Factories and Boilers is all about?. One amongst the 50+ Government departments. Main Objective. - PowerPoint PPT PresentationTRANSCRIPT
INSIGHT ON INSIGHT ON
The FACTORIES ACT, 1948The FACTORIES ACT, 1948
What the Department of Factories and Boilers is all
about?
One amongst the 50+ Government departments
Main Objective
• Shouldering the responsibility of ensuring
compliance with the applicable legislations
at the place which is under the ambit of
the definition “ Factory”
HOW MANY & WHICH ARE THE LEGISLATIONS
ENFORCED?
10 legislation's are in the Quiver
• THE FACTORIES ACT, 1948 & RULES MADE THEREUNDERTHE FACTORIES ACT, 1948 & RULES MADE THEREUNDER
• THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE
THEREUNDERTHEREUNDER
• THE MATERNITY BENEFIT ACT 1961 AND RULES MADE THE MATERNITY BENEFIT ACT 1961 AND RULES MADE
THEREUNDERTHEREUNDER
• THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT, THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT,
19861986
• THE INDIAN BOILERS ACT, 1923 AND RULES MADE THE INDIAN BOILERS ACT, 1923 AND RULES MADE
THEREUNDER. THEREUNDER.
• THE KARNATAKA WELFARE OFFICERS (DUTIES, THE KARNATAKA WELFARE OFFICERS (DUTIES,
QUALIFICATIONS AND CONDITIONS OF SERVICE) RULE 1963QUALIFICATIONS AND CONDITIONS OF SERVICE) RULE 1963
• THE KARNATAKA FACTORIES (DEFINING THE PERSONS THE KARNATAKA FACTORIES (DEFINING THE PERSONS
HANDLING POSITION OF SUPERVISION OR MANAGEMENT) HANDLING POSITION OF SUPERVISION OR MANAGEMENT)
RULES 1981RULES 1981
ENFORCED ENFORCED LABOUR LEGISLATIONS LEGISLATIONS AREARE
• THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS
AND MAINTAINING REGISTER BY CERTAIN ESTABLISHMENT)
ACT 1988
• MAJOR ACCIDENT HAZARD CONTROL (KARNATAKA) RULES
1994
• THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING,
PREPAREDNESS & RESPONSE) RULES 1996
• THE BUILDING AND OTHER CONSTRUCTION WORKERS
(REGULATION OF EMPLOYMENT AND CONDITIONS OF
SERVICE ) ACT, 1996 AND RULES MADE THEREUNDERTHE ABOVE ACTS ARE CUSTOMARILY CALLED AS
“ LABOUR LEGISLATIONS”.
ENFORCEDENFORCED LABOR LEGISLATIONS ARELEGISLATIONS ARE
COMPLIANCE UNDER THE FACTORIES ACT, 1948
120 Sections120 Sections 11 Chapters 11 Chapters 03 Schedules 03 Schedules
142 Rules,142 Rules, 10 Chapters10 Chapters 41 Forms/Registers41 Forms/Registers
What the Act is all about?Enactment of Stringent provisions!
IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.
FACTORIES ACT, 1948 A Comprehensive law for the persons working at a
specific domain – factories.
Regarded as one of the Benevolent, NobleNoble and a Comprehensive Comprehensive LabourLabour LegislationLegislation which is in force in our country.
Covers significant issues relating to the persons employed in factoriesfactories.
Secures Secures - Safety
Health
Welfare
RegulatesRegulates - Working Hours
EnsuresEnsures - Annual leaves with wages
ProvidesProvides - Additional protection from hazardous
processes
Additional protection to women workmen
Prohibition of employment of
children
FACTORIES ACT, 1948
Series of amendments have been made time and again to increase the scope of the Act.
Road map to the legislation.
Road Map to the LegislationRoad Map to the Legislation..• The establishment of cotton mills in Bombay in 1851 followed
by the establishment of jute mills in 1855 @ Rishra in Bengal
marked the beginning Factory System in India.
• The number of factories grew steadily. During 1872-73, there
were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal.
• Conditions in these factories were very gloomy and awful.
• First Indian Factories Act, came into force during 1881
• Comprehensive Act was enacted immediately after the
independence - under the nomenclature “The Factories Act,
1948”.
• This Act has seen many amendments after the independence.
• Major amendments were caused during 1987 -- Reason is Bhopal
Tragedy – The ghastly chemical accident
Road map to the legislation..
• 29 industries have been listed as industries involving
hazardous processes.
The industries are listed under - THE FIRST The industries are listed under - THE FIRST
SCHEDULE SCHEDULE (See Section 2 (cb)(See Section 2 (cb)
• Special provisions have been incorporated to govern the Special provisions have been incorporated to govern the
aspect of SHE in the said hazardous industries. aspect of SHE in the said hazardous industries.
• A new chapter by name “ Chapter IV A was introduced A new chapter by name “ Chapter IV A was introduced
as as Special provisions relating to Hazardous processes”. ”.
• Penal provisions were revamped.Penal provisions were revamped.
• Amendments are continual in the wake of Amendments are continual in the wake of
industrialization.industrialization.
Important indicators to be
understood
1. Applicability
2. Beneficiaries
3. Responsible persons
4. Inspecting staff
FACTORIES ACT, 1948
APPLICABILITYApplies to “Factories”
1. Definite Premises where 10 and more workers;
Manufacturing process, Power – Section 2m(i)
2. Definite Premises where 20 and more workers;
Manufacturing process; No power – Section 2m(ii)3. Act empowers State Government to declare all or any of the
provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. – Section 85(i)
1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical
substances as listed under schedule 1 of MAH (K) Rules, 1994.
contd.,
Unless otherwise provided, the Act is applicable to
all Factories viz., Private, State, Central,
Government, Local Bodies etc.,
APPLICABILITY
BENEFICIARIES (Target Group)
• Workers employed in the registered factories
“Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process
Workers under the Act, includes
1. Permanent 2. Temporary 3. Contract 4. Casual , 5.
Clerical staff 6. Managers, 7. Engineers, 8. Supervisors
etc., “Apprentice” under the Apprentice Act, 1961 are not the
workers. However as per Section 14 of the Act – provision of
health, safety & welfare are applicable to the said category.
BENEFICIARIESBENEFICIARIES
RESPONSIBLE PERSONS
RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for
implementation of the provisions envisaged in the
Act.
• OCCUPIER means the person who has got the ultimate control
over the affairs of the factory.
• Proprietorship - Proprietor
• Partnership - One of the partner
• Company - One of the director
• State or Central - Persons so nominated by the
Government owned respective governments.
1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981
JK Industries LTD., and others V/S CIFB and others etc.,
OCCUPIERS RESPONSIBILITY
• PREVIOUS PERMISSION TO LOCATE THE FACTORY,
• SHOULD OBTAIN LICENCE TO THE PREMISES,
• LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY,
• OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF
THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER,
• MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE
MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE,
• SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE
HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY
ARE AT WORK.
RESPONSIBLE PERSON[S]MANAGER?“ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF
THE FACTORY & FOR THE PURPOSES OF THE ACT”
• RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY?
• Maintenance of registers, furnishing OT slips, leave cards
• Furnishing of returns
• Submission of notice to work on Sunday
• Intimation about the reportable accidents, dangerous occurrences.
Change in Manager?
With in a week’s – Form no. 3A
INSPECTING STAFF - INSPECTORS
• Act empowers State Government to appoint persons as Inspectors
• Qualification is defined
• Scope and limits are defined through Notifications.
• Act has prescribed the duties and powers of the Inspectors
• Deputy commissioner of the District – is also an Inspector
• Government can notify persons as Inspectors - Notification
THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.
POWERS OF INSPECTORS• He has got the power to enter to any premises (with
assistants or experts) which he has got reason to believe it as a factory
• He can make examinations of the premises, plant and machinery to secure SHE
• He can direct the occupier to left undisturbed any place till his enquiries are completed.
• He can seize any records, take copies which is required for the purpose of enforcement
• He can take measurements, photographs and make such recordings which are required for enforcement of Law
• He can call for production of any registers or documents pertaining to his duties from the occupier.
GENERAL DOMAIN
OF THE LAW
GENERAL DOMAIN OF LAW • APPROVAL AND LICENCING TO THE PREMISES
• HEALTH INITIATIVES
• WELFARE SCHEMES
• SAFETY MANAGEMENT
• STATUTORY DISPLAYS
• STATUTORY COMMITTEES
• STATUTORY REGISTERS
• STATUTORY RETURNS
• REGULATION OF WORKING HOURS OF ADULTS
• ANNUAL LEAVE WITH WAGES
contd.,
FOCUSSED AREAS
• REPORTING OF ACCIDENTS
• REPORTING OF DANGEROUS OCCURRENCE
• REPORTING OF NOTIFIABLE DISEASES
• PROVISIONS RELATING TO WOMEN WORKERS
• PROVISION RELATING TO CHILD
• PROVISIONS RELATING TO NO. OF EMPLOYEES
• TRAINING & EDUCATION PROGRAMMES
• OBTAINING OF EXEMPTION SCHEMES
• PENALTY AND PROCEDURES
APPROVAL/LICENCING
• APPROVAL OF PLANS
• REGISTRATION AND RENEWAL OF FACTORY LICENCE
• AMENDMENT & TRANSFER IN THE LICENCE
APPROVAL/LICENCING APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:
• PROPOSED CONSTRUCTION
• EXTENTION TO EXISTING FACTORY BUILDING
• FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES
• RESITING OF MACHINES
• APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES
• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.
• NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION
• IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO
COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE
DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION
SHALL BE DEEMED TO BE GRANTED.
LICENCING REGISTRATION AND GRANT OF FACTORY LICENCE
• BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE
SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER -
BEFORE 15 DAYS.
• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY
DEFINED.
• LICENCE WILL BE GRANTED IN FORM 3.
• IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO
COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE
DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE
GRANTED.
• LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION
HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT
EXCEEDING THREE YEARS.
LICENCING WHAT IS AMENDMENT/TRANSFER
• THREE LIMITS ARE MENTIONED IN THE LICENCE.
• IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES.
• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.
• APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS.
• DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF
• IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.
APPROVAL/LICENCING LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD
• TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN
APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY
OF LICENCE.
• FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE
INSPECTOR BEFORE THE FACTORY OR THE SECTION OR
DEAPRTMENT THEREOF AS THE CASE MAY BE , STARTS WORKING
AGAIN.
DURING INTENDED CLOSURE
• IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY SECTION OR
DEPARTMENT THEREOF IMMEDIATELY IT IS DECIDED TO DO, THE
OCCUPIER OR MANAGER SHALL REPORT TO THE INSPECTOR UNDER
RULE 142 OF THE KARNATAKA FACTORIES RULES, 1969.
HEALTH FRONT
• HOUSE KEEPING/CLEANLINESS
• OVERCROWDING
• LIGHTING
• DRINKING WATER
• LATRINE AND URINALS
• SPITTONS
HEALTH ISSUESHOUSE KEEPING/CLEANLINESS
• THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141
• PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29.• OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU
METER OF SPACE• MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM
SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141
Sl.no Type of coatings Periodicity
1 Building is Painted and varnished
Once in five years
2 Inside walls is Painted with washable paint
Once in three years
34
Internal walls is Lime washed or colour washedDoors, frames, wooden or frame works
Once in 14 months.
Once in 5 years.
Clean work environment
LIGHTING AND
VENTILATION
• Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross
ventilation• Adequate openings, 15% of floor area shall
be kept open for natural ventilation• Mechanical system of ventilation incase of
shortage of windows• Overcrowding – 14.2 cu.meter of space per
person
Sufficient toilet and urinal accommodations - One for every twenty five workmen.
• Toilet accommodations shall be maintained in clean
and hygienic conditions.
• Separate facilities for the women workmen.
• Sufficient water facilities shall be available. Pictorial
display shall be made. Proper doors and fastening shall
be ensured.
• Sweepers shall be employed to keep the facility neat
and tidy.
TOILET FACILITIES
Drinking water
Adequate drinking water in clean and hygienic conditions
shall be provided and maintained.
• Minimum of 5 liters of water per person.
• Drinking water shall be kept at convenient places.
• If the source of supply is not from the public supply,
the water shall be tested for its pot ability from the
District Health Officer.
• If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.
SAFETY SAFETY
• EQUIPMENT SAFETY,
• PERSONAL SAFETY
• MATERIAL SAFETY
• PROCESS SAFETY
• PERSONAL PROTECTIVE EQUIPMENT
• EXCESSIVE WEIGHTS
GENERAL SAFETY MANAGEMENT INCLUDES
EQUIPMENT SAFETY
BASICALLY EQUIPMENT SAFETY INCLUDES
• Good construction with all safety features
• Sound material and adequate strength
• Free from defects, properly maintained
• Periodical Inspections to ensure integrity
• Equipment should be safe, periodical inspection
• Information, instruction and training and supervision
MATERIAL SAFETY
MATERIAL SAFETY INCLUDES
• Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored.
• MSDS shall be readily available
• Information, instruction, training and supervision
• Periodical medical surveillance
• Inventory and storage
PROCESS SAFETY BASICALLY PROCESS SAFETY
INCLUDES
• Type of process, chemistry involved
• Hazards, risk and vulnerability Analysis
• Equipment integrity against the hazards
• Protection against the hazards
• Measures required during the process
PERSONAL SAFETYPERSONAL SAFETY
BASICALLY PERSONAL SAFETY INCLUDES
• Issue of personal protective equipment according to the circumstances and conditions.
• Decontamination facilities, washing facilities
• Periodical medical surveillance
• Maintenance of health records.
• First aid, OHC, ambulance room, ambulance van
• Training, Education, Supervision
SAFETY MANAGEMENT EXCESSIVE WEIGHTS
No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below
Adult male 50kgs
Adult female 30kgs
Adolescent male 30kgs
Adolescent female 20kgs
Male child 16kgs
Female child 14kgs
PERSONAL PROTECTIVE EQUIPMENT
PERSONAL PROTECTIVE EQUIPMENT
• As per Rule 65D of KFR 1969, the Inspector can pass an
order to supply to the workers the required to personal
protective equipment exposed to particular hazards as
may be found necessary;
• All personal protective equipment provided to the workers
as required under the act shall have certification by ISI or
any equivalent standard approved by the state
government.
• Except under Section 46 no fee or charge shall be realized
from any worker in respect of any arrangements or
facilities to be provided or any equipments on appliances
to be supplied by the occupier under t he provisions of this
act – Section 114
WELFARE ISSUES
• Washing facilities
• Facilities for sitting
• First aid appliances
• Crèche
• Canteen
• Rest room, shelters, lunch room
• First aid trained personnel
• Ambulance room
MAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL BEING OF THE PERSONS.
CANTEEN• IT IS STATUTORY WELFARE SCHEME
• APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250
• BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS
• SUFFICIENTLY VENTILATED AND LIGHTED
• LIME WASHED ONCE IN A YEAR
• IF IT IS PAINTED, REPAINTED ONCE IN THREE YEARS
• PRECINTS SHALL BE NEAT AND TIDY AT ALL TIMES
• DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING
• .93 SQUARE METER OF AREA SHALL BE THERE PER PERSON
• A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN PROPORTION OF THEIR STRENGTH
• WASHING PLACE SHALL BE PROVIDED.
• SUFFICIENT TABLES, CHAIRS OR BENCHES SHALL BE PROVIDED.
CANTEEN• FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO
PROFIT AND NO LOSS BASIS
• SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT SHALL BE PROVIDED BY THE MANAGEMENT.
• PRICED CHARGED SHALL BE APPROVED BY THE CMC
• ITEMS SERVED AND PRICES LEVIED SHALL BE DISPLAYED
• CANTEEN ACCOUNT SHALL BE AUDITED EVERY YEAR FROM CHARTERED ACCOUNTANT AND BALANCE SHEET SHALL BE MADE AVAILABLE TO THE CANTEEN MANAGING COMMITTEE WITH IN 12 MONTHS.
• CANTEEN MANAGING COMMITTEE SHALL BE APPOINTED BY THE MANAGER
• COMPOSITION IS DEFINED. MANAGEMENT PERSONNEL ARE NOMINATED. WORKERS REPRESENTATIES SHALL BE ELECTED.
• THE MEMBERS CONSISTS OF MINIMUM ONE FOR EVERY 100O WORKMEN, BUT IT SHOULD BE IN ANY CASE NOT MORE THAN 5 AND NOT LESS THAN 2
• DISSOLVED ONCE IN 2 YEARS AND NEW CMC SHALL BE CONSTITUED
CANTEEN• CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY
CONDITIONS AT ALL TIMES
• THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF 12 MONTHS
• THE EXAMINATIONS INCLUDE
• ROUTINE BLOOD EXAMINATION
• BACTERIOLOGICAL TESTING OF FAECES AND URINE
• ANY OTHER SPECIFIC EXAMINATIONS
TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS DISEASES.
• CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE PERSONS EMPLOYED IN THE FACTORY – SPECIFIC DELIBERATION WITH REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS.
• HISTORICAL CITATONS “ GOVERNMENT OF ANDHRA PRADESH V/S BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1 LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP
SHELTER, RESTROOM AND LUNCH ROOM• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE
THAN 150
• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS
• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.12 SQUARE METER PER PERSON
• ADEQUAE LIGHTING AND VENTILATION
• CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE PROVIDED
• KEPT NEAT AND TIDY AT ALL TIMES
• WASHING FACILITIES AND DRINKING WATER FACILITIES SHALL BE PROVIDED.
CRECHE• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN
IS MORE THAN 30
• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS
• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE METER PER CHILD
• ADEQUAE LIGHTING AND VENTILATION
• KEPT NEAT AND TIDY AT ALL TIMES
• EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER CHILDREN.
• CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN
• ADEQUATE TOYS FOR OLDER CHILDREN
• SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN
CRECHE• WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND
SANITARY CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE AVAILABLE FOR WASHING AND BATHING.
• CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED
• PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED
• MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD
• CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH WHOLE SOME REFRESHMENT
• IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION
• CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR EVERY 20 CHILDREN
CRECHE
• WOMEN IN CHARGE SHOULD POSSESS NURSES
QUALIFICAITON OR 18 MONTHS CERTIFICATE IN CHILD CARE
EITHER FROM HOSPITAL OR MATERNITY HOME
• ONE SWEEPER SHALL BE EMPLOYED.
WASHING FACILITIES
• ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND MAINTAINED FOR THE USE OF THE WORKERS.
• IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD BEAR CONSPICUOUS NOTICE “ FOR WOMEN ONLY”
• WATER SUPPLY TO THE WASHING FACILITIES SHOULD
YIELD AT LEAST 27 LITERS OF WATER FOR EACH
PERSON.
• IF ADEQUATE WATER FACILITY IS NOT AVAILABLE,
EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5
LITRES OF WATER PER PERSON EMPLOYED.
FIRST AID APPLIANCES
• FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THE EQUIPMENT PRESCRIBED.
• EQUIPPED FIRST AID BOXES SHALL BE KEPT IN CHARGE OF PERSONS TRAINED IN THE FIRST AID TREATMENT.
• FIRST AIDER SHOULD HOLD CERTIFICTAE IN FIRST AID TREATMENT RECOGNISED BY THE STATE GOVERNMENT.
• NO. OF FIRST AID BOXES AND CUP BOARDS SHALL BE ONE FOR EVERY 150 WORKERS.
• A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS.
AMBULANCE ROOM• THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN
500 WORKERS ARE EMPLOYED
• ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH
STANDARDS AND SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL BE SEPARATE FROM THE REST OF THE FACTORY.
• THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY
• DRINKING WATER FACILITY SHALL BE PROVIDED
• THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED
• NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM.
• AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER, NURSING ATTENDANT IN EACH SHIFT.
AMBULANCE ROOM
• AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD CONDITIONS.
• EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A DOCTOR IN ALL THE THREE SHIFTS.
• EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS.
STATUTORY APPOINTMENTS/RECOGNITION
• SAFETY OFFICER
• WELFARE OFFICER
• MEDICAL OFFICER
• COMPETENT & QUALIFIED SUPERVISORS
• COMPETENT PERSON
• ACCREDITION AGENCIES TO CONDUCT SAFETY
AUDITS.
SAFETY OFFICER
SAFETY OFFICER
• IT IS A STATUTORY APPOINTMENT
• WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED
• STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED
SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL
• QULIFICATIONS
• DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL
EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY
CAPACIATY FOR A PERIOD OF NOT LESS THAN TWO YEARS OR
• DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL
EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY
CAPACITY FOR A PERIOD NOT LESS THAN FIVE YEARS OR
• DEIPLOMA IN ANY BRANCH OF ENGINEERING AND HAS HAD
PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A
SUPERVISORY CAPACITY FOR APERIOD OF NOT LESS THAN FIVE
YEARS
SAFETY OFFICER• POSSESS DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY
THE STATE GOVERNMENT
• HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY
OF THE WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED
• ANY PERSON
• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD
EXPERIENCE OF NOT LESS THAN 5 YEARS IN THE DEPARTMENT OF
THE CENTRAL OR STATE GOVERNMENT WHICH DEALS WITH
ADMINISTRATION OF “ THE FACTORIES ACT, 1948 OR “THE INDIAN
DOCK LABOURERS ACT, 1934 OR
• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD
EXPERIENCE OF NOT LESS THAN 5 YEARS OF FULL TIME ON
TRAINING, EDUCATION, CONSULTANCY, OR RESEARCH IN THE FIELD
OF ACCIDENT PREVENTIONIN INDUSTRY OR IN ANY INSTITUTION
SHALL ALSO ELIGIBLE FOR SAFETY OFFICER.
SAFETY OFFICER
NO. OF SAFETY OFFICERS TO BE EMPLOYED?
• MORE THAN 1000 AND LESS THAN 2000 - 1
• MORE THAN 2000 AND LESS THAN 4000 - 2
• MORE THAN 4000 AND LESS THAN 6000 - 3
• ABOVE 6000 AND NOT EXCEEDING 8000 - 4
• ABOVE 8000 AND NOT EXCEEDING 10000 - 5
• FOR EVERY INCREASE OF 3000 OR PART THEREOFF - 1
GOVERNMENT NOTIFICATION NO. SWL 52 LFB 82 DATED 27.6.1983
Welfare Officer
• Statutory appointment
• Mandatory incase of workers
strength is more than 500
• Separate rules governing duties,
qualification and conditions of service
is in force.
THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE)
RULES, 1963
Salient features of the legislation
• THESE RULES ARE PRESCRIBED UNDER SECTION 49 AND 50 OF THE FACTORIES ACT, 1948. IN FORCE FROM 1963 AND BEING AMENDED FROM TIME TO TIME. THERE ARE 9 RULES
• Number of welfare officers required is one for 500 or more to 2000 workers.
• Additional welfare officer for every additional 2000
• Qualification is prescribed - degree from the university recognized by the Government and obtained a degree or diploma in social science with PM and IR and labour welfare as their papers.
• He should have adequate knowledge of the language spoken by the majority of the workers.
• Duties have been clearly prescribed.
• He is not supposed to deal with disciplinary cases or appear on behalf of occupier against workers.
MEDICAL OFFICER
• IT IS A STATUTORY APPOINTMENT
• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED
• QULIFICATION AND CONDITIONS
• PERSON HOLDING A QUALIFICATION GRANTED BY THE
AUTHORITY SPECIFIED IN THE SCHEDULE TO THE INDIAN
MEDICAL DEGREE ACT, 1916
• ONE QUALIFIED MEDICAL PRACTITIONER IN EACH SHIFT
• EXEMPTION CAN BE OBTAINED IN EMPLOYING MEDICAL
PRACTITIONER IN EACH SHIFT BY MAKING AN
APPLICATION TO THE CHIEF INSPECTOR WITH THE
PERMISSION OF THE GOVERNMENT.
QUALIFIED SUPERVISORS• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES
• QUALIFICATIONS PRESCRIED IS
• A DEGREE IN CHEMISTRY OR DIPLOMA IN CHEMICAL
ENGINEERING OR TECHNOLOGY WITH 5 YEARS OF
EXPERIENCE
OR
• A MASTER DEGREE IN CHEMISTRY OR A DEGREE IN
CHEMICAL ENGINEERING OR TECHNOLOGY WITH 2 YEARS
EXPERIENCE.
• THE EXPERIENCE STIPULATED ABOVE SHALL BE IN
PROCESS OPERATION AND MAINTENANCE IN THE
CHEMICAL INDUSTRY.
• THE CHIEF INSPECTOR MAY REQUIRE THE SUPERVISOR TO
UNDERGO TRAINING IN HEALTH AND SAFETY
COMPETENT PERSON• PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE
TO CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER THE ACT. THE VARIOUS AREAS INCLUDES:
• LIFTING MACHINES, HOISTS, LIFTING TACKLES
• EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER PRESSURE.
• CENTRIFUGAL MACHINES
• POWER PRESSES
• RACTION VESSELS,
• GAS HOLDERS
• BLASTING ENCLOSURES
• EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST
• SOLVENT EXTRACTION PLANTS
AUDITS AND ACCREDITONS
• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES
• AUDITS SHALL BE INTERNALLY ONCE IN A YEAR & EXTERNALLY
ONCE IN TWO YEARS BY A COMPETENT AGENCY ACCREDITED .
• AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF
INSPECTOR ALONG WITH COMPLIANCE.
• ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY
REPORTS IS REQUIRED TO BE UPDATED.
EXEMPTION PROVISIONS TO WORK ON SUNDAY
TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK
TO MAINTAIN CRECHE
TO EMPLOY WOMEN WORKERS UP TO 10PM
TO INCREASE THE SPREADOVER TIME IN A SHIFT
LEAVE RULES
EXEMPTION IN CASE OF OVER CROWDING
EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO INSTITUTION MAINTIANED FOR THE
PURPOSE OF TRAINING, EDUCATION OR REFORMATION
MOTOR VEHICLE SPEED INSIDE THE PREMISES
TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS.
FORMATION AND PARTICIPATION IN COMMITTEES
FORMATION AND PARTICIPATION IN COMMITTEES
SAFETY COMMITTEE
CANTEEN MANAGEMENT COMMITTEE
WORKS COMMITTEE
SEXURAL HARASSEMENT PREVENTION COMMITTEE
WORKING HOURS FOR ADULTS
Act regulates the working hours for adult workers employed in the factories
• Weekly hours / Daily hours;
• Weekly holidays
• Interval for rest
• Extra wages for overtime
• Spread over – 10½ hours – 12 hours
• Restriction of double employment
• Notice of periods of work – contrary is not allowed
• Power to make exempting orders
• Restriction on employment of women
ANNUAL LEAVE WITH WAGES
One day for every twenty days
Eligibility :
• 240 days in a calendar year – his/her service is from beginning of the calendar year;
• 2/3rd of the calendar year – his/her service begins in the middle of calendar year
• Issue of leave books in Form no. 15
• Leave with wages register in Form no. 14
• Any discharge / dismissal – benefit shall be settled immediately.
PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS
• Crèche - > 30 women workers
• Restroom / shelters and lunch room - > 150 workmen
• Cooled drinking water - > 250 workers
• Canteen - > 250 workers
• Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers
• Welfare officer - > 500 workers
• Lady welfare officer - > more nos. of women workers
• Safety officer - > 1000 workers
• Occupational health centre – Industries involving in hazardous
process
PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS
Occupational health centre – Industries grouped under Section 2(cb) – compliance is mandatory.
• Employing up to 50 workers
• Factory Medical officer on retainer ship basis
• He will carry out pre employment and periodical medical examinations.
• Minimum of five persons trained in first aid, one shall always during the working period.
PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries involving
hazardous process – provision is mandatory.
• Employing up to 51 - 200 workers
• OHC having a room with minimum floor area 15 sq.meter.
• Factory Medical officer on part time basis - visit the factory twice in a week.
• He will carry out preemployment and periodical medical examinations.
• One qualified and trained dresser cum compounder on duty throughout the working period.
PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries – 2(cb) – provision
is mandatory.
• Employing more than 200 workers
• OHC having two rooms with minimum floor area 15 sq.meter.
• One full time Factory Medical officer up to 500 and one more for every additional 1000 workers.
• He will carry out preemployment and periodical medical examinations.
• One nurse, One qualified and trained dresser cum compounder on duty throughout the
working period.
PROVISIONS IN THE ACT, CORRESPONDING TO
WOMEN WORKERS
WOMEN EMPLOYMENT IN FACTORIES
FACTORIES ACT – WOMEN WORKERS
• Prohibits the employment of women from 7 pm
to 6 am.
• Prohibits overtime work
• Act permits the Government to notify the
factories to employ women workers up to
10pm with conditions
• Government has notified 15 categories of
factories under 2 notifications;
• One in one notification
• Fourteen in another notification.
SALIENT FEATURES
FACTORIES ACT – WOMEN WORKERS• The conditions under which the exemptions is granted are
• Written consent from the employee
• Free transport up to their residence
• 9 hours of rest after completion of work to the fresh period of work in the following day
• No overtime work
Act bars employment of women workers from 10 pm to 5 am totally.
• Act bars employment of women to clean, lubricate any part of the equipment
• Act bars employment of women workers in hazardous processes
FACTORIES ACT – CHILD LABOURFACTORIES ACT – CHILD LABOUR
FACTORIES ACT – CHILD LABOUR• Bars the employment of persons below the age of 14
• Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon.
Child – more than 14 and less 15;
Adolescent – more than 15 and less than 18
• Working hour for child is four and half hour per day
• Double employment of child is prohibited
• Working hours for adolescent is as that of adult.• Act bears employment of child and young persons on
dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine
• Act bars employment of child and adolescent on dangerous manufacturing processes
MAINTENANCE OF REGISTERS
• Muster roll cum Register of wages/salary /Subsistence allowance – Form No.22
• Register of adult workers – Form No. 11
• Register of leave with wages – Form no. 14
• Inspection book – Form no. 6, 28 & 29
• Register of accident or dangerous occurrence – Form no.23
• Register of overtime muster roll for exempted workers – Form no. 9;
• Health register – Form no. 16 & 38
• Register of absenteeism or Sickness – Form no. 40
Item no. 1 & 3 are prescribed under four important legislations
MAINTENANCE OF REGISTERS
• THE REGISTERS SHALL BE WRITTEN AFRESH EACH
MONTH.
• THE REGISTERS SHALL BE PRESERVED FOR A
PERIOD OF 3YERAS
• NO EXEMPTION CAN BE OBTAINED IN MAINTAINING
THE REGISTERS.
DISPLAY OF NOTICESDISPLAY OF NOTICES
• Notice of periods of work
• An abstract of the act and rules
• Cautionary notices
• Safety posters, catchy safety slogans
• Name and address of the Inspector
• Name of the Medical Officer
DISPLAY OF NOTICESDISPLAY OF NOTICES
• ALL THE NOTICES TO BE DISPLAYED IN FACTORIES
SHALL BE IN ENGLISH AND IN A LANGUAGE
UNDERSTOOD BY THE MAJORITY OF THE
WORKERS. - S.108
• NOTICES SHALL BE DISPLAYED AT CONSPICUOUS
PLACE AND SHALL BE MAINTAINED IN CLEAN AND
LEGIBLE CONDITIONS. - 108
RETURNS/NOTICES TO BE SUBMITTED• Combined Annual return - Form no. 20 ( on or before
1st Feb)
• Annual return under PWA – Form no. IV ( on or
before 15th Feb)
• Half yearly return - Form no. 21 ( on or before 15th
July)
• Accident return - Form no. 17 ( for reporting of fatal
and reportable accident)
• Form no. 23 ( on or before 5th of subsequent month)
• Intention to work on Sunday
STATUTORY INFORMATIONS TO BE SHARED 1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT.
2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT
3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME
4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED
AND STORED.
5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX
PROCESSES
6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES.
7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION
PROGRAMMES.
8. CONTINUOUS TRAINING CURRICULUM
ACCIDENTS
Oh !!! This is due to over confidence
ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES
Accidents
• Reportable accidents shall be reported in Form no. 17, within 72 hours from the from the time of occurrence of accidents.
• Fatal accident shall be reported within in 12 hours
• Fatal Accidents are Required to be reported to:
• Inspector,
• District Magistrate or Sub Divisional Magistrate,
• Officer in charge of the nearest police station
• Relatives of the injured or deceased person
Fatal
Non fatal
ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES
• ACCIDENT IS REQUIRED TO BE INVESTIGATED TO FIND OUT THE CAUSES
• IF ANY VIOLATIONS ARE NOTICED, IT WILL END UP WITH PROSECUTIONS
• CAN POLICE AUTHORITY FILE LEGAL CASE IN CASE OF A FATAL ACCIDENT IN SIDE THE PREMISES OF THE FACTORY?
• PROSECUTION LAUNCHED UNDER SECTION 92 AND 95 OF THE FACTORIES ACT BY THE FACTORY INSPECTOR PERTAINING TO AN OCCURRENCE A FATAL ACCIDENT WITHIN THE FACTORY REMISES WILL DEBAR THE PROCEEDINGS UNDER SECTION 342 OF THE CRIMINAL PROCEDURE CODE.
• RULING - 2007 LLR 866 - JHARKHAND HIGH COURT - IN CRIMINAL M.P NO. 386 OF 2006 DATED 2ND DECEMBER 2006
DANGEROUS OCCURRENCES
(which does not result in death or bodily injury)(which does not result in death or bodily injury)
• Bursting of plant or vessel working under pressure
• Collapse of lifting equipment
• Explosion or fire causing damage
• Collapse of floor, gallery, roof, etc.
The Said incidents also shall be reported in Form no. 17A WITH IN 12 HOURS FROM THE INCIDENT.
These incidents also requires to be investigated to unearth the causes
• 29 industries have been listed as industries involving hazardous processes have been listed at the
THE FIRST SCHEDULE THE FIRST SCHEDULE (See Section 2 (cb) (See Section 2 (cb)
INDUSTRIES INVOLVNG HAZARDOUS PROCESSES
1. Ferrous Metallurgical Industries
2. Non-ferrous Metallurgical Industries
3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power generating industries
6. Pulp and paper (including paper products) industries
List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes
7. Fertilizer industry
8. Cement industries
9. Petroleum industries
10. Petrochemical industries
11. Drugs and pharmaceutical industries
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) industries
14. Paints and pigment industries
15. Leather tanning industries
List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes
16. Electro – plating industries
17. Chemical industries
18. Insecticides, fungicides, herbicides and other pesticides industries
19. Synthetic resin and plastics
20. Man-made fiber (cellulosic and non-cellulosic) industry
21. Manufacture and repair of electrical accumulators
22. Glass and ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and fats from vegetable and animal source
26. Manufacture, handling and use of benzene and substances containing benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Dyes and dyestuff including their intermediates
29. Highly flammable liquids and gases
PROVISIONS RELATING TO HAZARDOUS PROCESS
SPECIFIC OBLIGATIONS UPON THE MANAGEMENT
PROVISIONS RELATING TO HAZARDOUS PROCESSES
1. CLEARANCE FOR SITING INDUSTRIES
2. DISSEMINATION OF INFORMATIONS ON HAZARDS, MEASURES
3. PREPARATION OF ON SITE EMERGENCY PLAN
4. SAFETY COMMITTEE
5. HEALTH AND SAFETY POLICY
6. MEDICAL EXAMINATIONS – AVAILABILITY OF HEALTH RECORDS
7. DECONTAMINATION FACILITIES
8. OCCUPATIONAL HEALTH CENTRES/AMBULANCE VAN
9. EMPLOYMENT OF QUALIFIED AND COMPETENT SUPERVISORS
10. CONDUCTING PERIODICAL SAFETY AUDITS
11. CLEARANCE FROM POLLUTION CONTROL BOARD
HAZARDOUS PROCESSES AND DANGEROUS OPERATIONS
• 26 operations or processes have been identified as dangerous
•COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND PUBLISHED
DANGEROUS MANUFACTURING PROCESSES
• Manufacture of aerated waters and processes incidental thereto
• Electrolytic plating or oxidation of metal articles by use of electrolyte
• Manufacture and repair of electric accumulators
• Glass manufacture
• Grinding or glazing of metals
• Manufacture and treatment of lead and certain compounds of lead
• Generating petrol gas from petrol
• Cleaning of smoothening, roughening of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam
DANGEROUS MANUFACTURING PROCESSES
• Liming and tanning of rawhides, skins, and processes incidental thereto
• Certain lead processes carried on in printing processes and type foundries
• Manufacture of pottery
• Chemical works
• Manipulation of stone or any other materials containing free silica
• Handling and processing of asbestos
• Handling of manipulation of corrosive substances
• Compression of oxygen and hydrogen produced by electrolysis of water
DANGEROUS MANUFACTURING PROCESSES
• Process of extracting oil and fats from vegetable and animal sources using solvent
• Manufacture or manipulation of manganese
• Manufacture and manipulation of dangerous pesticides
• Manufacture, handling and use of benzene
• Manufacturing process or operations in carbon disulfide plants
• Manufacture or manipulation of carcinogenic dye-intermediate
• Operations involving high noise level
• Manufacture of rayon by viscose process
• Highly inflammable liquids and flammable compressed gases
• Operation in foundries
Specific directions
DANGEROUS MANUFACTURING PROCESSES
Specific directions in these type of hazardous processes
• These processes have been defined as dangerous;
• Prohibits the employment of women, adolescents or
children
• Mandates for periodical medical examinations of persons
employed or seeking to be employed
• Prohibits the employment of persons not certified as fit for
such employment.
• Emphasizes on specific personal protective equipment and
clothing's
• Prescribes additional welfare facilities.
• Clearance from KSPCB for disposal of trade waste is a must.
DANGEROUS MANUFACTURING PROCESSES
NOTICE OF POISONING OR DISEASE
A NOTICE OF POISONING OR DISEASE SHALL BE FURNISHED IN FORM NO. 18 BY THE MANAGER,
AUTHORITIEES TO WHOM THE FORM IS REQUIRED TO BE FURNISHED
• CHIEF INSPECTOR
• CERTIFYING SURGEON
• ADMINISTRATIVE MEDICAL OFFICER OF ESI
WHEN ?
FORTHWITH!
LIST OF NOTIFIABLE DISEASES 1 Lead poisoning
2 Lead tetra ethyl poisoning
3 Phosphorous poisoning
4 Mercury poisoning
5 Manganese poisoning
6 Arsenic poisoning
7 Poisoning by nitrous fumes
8 Carbon disulfide poisoning
9 Benzene poisoning
10 Chrome ulceration
11 Anthrax
12 Silicosis
LIST OF NOTIFIABLE DISEASES
13 Poisoning by halogen or halogen derivatives
14 Pathological manifestation due to
• Radium or other radio active substances
• X-rays
15 Primary epitheliomatous cancer
16 Toxic anemia
17 Toxic jaundice due to poisonous substances
18 Oil acne or dermatitis due to mineral oil
19 Byssionosis
20 Asbestosis
21 Occupational or contact dermatitis due to chemical or paints
LIST OF NOTIFIABLE DISEASE
22 Noise induced hearing loss
23 Beryllium poisoning
24 Carbon monoxide poisoning
25 Coal miners pneumoconiosis
26 Phosgene poisoning
27 Occupational cancer
28 Isocyanides poisoning
29 Toxic nephritis
• Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager.
• The said contractment of disease may be enquired by appointing competent person by the state government.
3 SCHEDULES
1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES;
2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES AT THE WORK ENVIRONMENT
3. LIST OF NOTIFIABLE DISEASES.
TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING
OBLIGATION OF WORKERS - Sec.111
No worker in a factory
• Shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers.
• Shall willfully and without reasonable cause do any thing likely to endanger himself or others and
• Shall willfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers.
If any of the workers employed contravened any of the said provision, he shall be punishable with imprisonment for a term, which may extend to one hundred rupees or both.
RIGHT OF WORKERS
Every workers shall have the right to
• Obtain from the occupier, information relating to workers health
and safety at work
• Get trained within the factory wherever possible, or to get
himself sponsored by the occupier for getting trained at a
training centre or institute, duly approved the Chief Inspector of
Factories, where training is imparted on safety, health and
welfare.
• Represent to the Inspector directly or through his representative
in the matter of inadequate provisions for protection of his health
or safety in the factory.
GENERAL INFORMATIONGENERAL INFORMATION
• OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY.
• THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR
MANAGER FROM LIABILITY IN CERTAIN CASES.
• THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL
HEALTH SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY –
OCCUPIER AND MANAGER SHALL AFFORD ALL FACILTIES FOR
SUCH SURVEY.
• THE GOVERNMENT MAY APPOINT A COMPETETN PESON
TOINQUIRE INTO THE CAUES OF ANY ACCIENT OCCURING INA
FACTORY OR INTO ANY CASE WHERE DISEASE SPCFIED THE
SCHEDULE HAVE BEEN CONTRCTED.
• INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES
• THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON
ACCOUNT OF SERIOUS HAZARD.
GENERAL INFORMATION
• THERE IS A PROVISION FOR AMALGAMATION OF TWO
DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORY OR
TWO OR MORE FACTORIES TO BE A SINGLE - SECTION 4
• THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE
OR ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE
OCCUPIER & MANAGER – RULE 135 OF KFR 1969
• THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY
ORDER SERVED BY THE INSPECTOR BEFORE THE CHIEF
INSPECTOR WITHIN 30 DAYS – SECTION 107
• INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE
PURPOSE OF SATISFYING HIMSELF WITH THE COMPLIANCE TO
THE PROVISIONS – RULE 136.
• THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE
SAME WITHIN SEVEN DAYS
GENERAL INFORMATION
• IN CASE OF DEATH OF ANY PERSON ON SERVICE THE
BALANCE OF PAY DUE FOR THE PERIOD OF LEAVE WAGES
NOT AVAILED OF SHALL BE PAID TO HIS NOMINEE WITHIN A
WEEK OF THE INTIMATION OF DEATH – RULE 126
• TO DO THIS NOMINATION SHALL BE OBTAINED IN FORM
NO.25 APPENDED TO THE RULES.
• AS FAR AS THE CIRCUMSTANCES PERMIT, MEMBERS OF THE
SAME FAMILY, HUSBAND AND WIFE SHALL BE ALLOWED
ANNUAL LEAVE WITH WAGES ON THE SAME DATE – RULE125
• NO CHARGE FOR FACILITIES OR CONVENIENCES PROVIDED
EXCEPT UNDER SECTION 46 – SECTION 114
PENALTY FOR ANY VIOLATIONS
• No minimum fine is fixed
• Maximum fine fixed is Rs.1,00,000/- or two years
imprisonment or both.
• In case of fatal accident if the contravention is
noticed from Chapter IV - Rs. 25,000/-
minimum
• In case of serious accident Rs. 5,000/-
• Enhanced penalty after previous conviction is very
severe.
• Any contravention under chapter IVA – penal
provisions are very stringent.
VIEWS OF THE APEX COURT OF THE
COUNTRY ABOUT THE LEGISLATION
VIEWS OF THE APEX COURT OF THE COUNTRY
• Primary object of the Act is to protect the workers employed in the factories against industrial and occupational hazards ( Bhikusa Vamsa Kshatria V/s Union India, AIR 1963 SC 779)
• Object of the Act is to secure health, safety, welfare, proper working hours, leave and other benefits for the workers employed in factories (AIR 1967 SC 1364)
• Factories Act is a social enactment to achieve social reform and it must receive liberal construction to achieve legislative purpose without doing violence to the language (Central Railway Workshop, Jhansi V/s Vishwanath AIR 1970 SC 488)
• Provision of the Act must be given liberal construction (Alembic Chemical Works Co. Ltd V/s AIR 1961 SC 647.
FACTORIES ACT, 1948FACTORIES ACT, 1948
• MEANINGFUL INSPECTIONS ARE CONDUCTED TO EDUCATE AND SENSITIZE THE CONCERNED ON THE ISSUES OF SHE MANAGEMENT
• TRAINING PROGRAMMES ARE BEING CONDUCTED TO VARIOUS CATEGORIES OF PERSONNEL TO CREATE AWARENESS AMONGST THE CONCERNED
• INFORMATION SHARING SYSTEM IS IN VOGUE
• DIRECTORATE OFFICE IS WORKING AS HELP DESK TO PROVIDE ALL NECESSARY INFORMATION IN PREPARATION OF APPLICATIONS, DOCUMENTS ETC., TO THE NEEDY
• AVAILABLE FOR DISCUSSIONS AT ALL TIMES WHO IS COMPLIANT AND HAVE RESPECT FOR THE LAW
• SEVERAL NOTIFICATIONS REGARDING AMENDMENTS ARE BEING CIRCULATED FOR KNOWLEDGE AND INFORMATION
• THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED.
PROACTIVE APPROACH OF THE DEPARMENTPROACTIVE APPROACH OF THE DEPARMENT
Statistics at a glance - State• Total number of registered factories: 13200
• Total number of employees: 13,12,235
• Total number of women employees: 2,96,586
• Total number of MAH factories: 77 in 16 districts
• Total number of industries involving hazardous process: 800
• Head quarter: Bangalore
• Offices are Located : 12 Districts in the State
• No. of enforcement officers: 45 with 200 staff.
• No. of Fatal accidents - 75 per year
• No. of reportable accidents – 1500 per year
• UNDERSTANDING OF THE LAW,
• COMPLYING WITH LEGAL REQUIREMENTS,
• REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE
• POSITIVE ATTITUDE
ARE THE NEED OF THE HOUR
DC JAGADEESH B.E (Mech)
DEPUTY DIRECTOR OF FACTORIES
98450 72113