Welfare: The Factories Act mentions that every factory must provide suitable facilities for washing. Safety: In order to provide safety to the workers,the Act says that the machinery should be fenced.
No young person should be allowed to work at any dangerous machine and a provision for manholes of adequate size should be provided, so that in case of emergency the workers can escape. Before the factory is engaged in the manufacturing process, the occupier has to send a written notice to the Chief Inspector within the scope of the Act. The occupier in every factory where a hazardous process takes place must set up a safety committee to promote co-operation between the workers and management, so that proper safety and health at work can be maintained.
The occupier must take remedial action in case there is an existence of any danger and send a report of the action to the nearest inspector. The factory manager shall display and maintain every factory in accordance with the provisions of Sub Section 2 of Section A notice of period of work for adults showing the periods during which the adult workers may be required to work and classify them into groups according to the nature of their work indicating the number of groups in each group needs to be mentioned.
The manager of every factory shall maintain a register of adult workers to be available to the inspector at all the times during working hours or when any work is being carried on in the factory.
For the purpose of ensuring continuity of work, representatives of the workers chosen in a prescribed manner may lodge with the Chief Inspector a scheme in writing, whereby the grant of leave will be allowable. The occupier or a manager of the factory or any other person needs to take the charge of safety and occupational health surveys. He needs to afford all the facilities including the facilities for the examination and testing of plant and machinery and also the collection of samples or other data relevant data to the survey.
Bandaru Dattatreya. The bill amends certain provisions of Factories Act as given below:. In case the factory has an exceptional work load, then the Act enables the State Government to permit adult workers in a factory to work overtime hours.
The total overtime in a quarter should not exceed The Bill permits the Central or State Government to raise this limit to When the provisions of the Factories Act or any other rules made under this Act are violated, they are treated as an offence. The following penalties can be imposed:. In case, the worker misuses an appliance related to welfare, health and safety of workers in relation to discharge of his duties, then a penalty of Rs.
Drinking water. Latrines and urinals. Fencing of machinery. Provided that for the purpose of determining whether any part of machinery in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when-. Work on or near machinery in motion. Employment of young persons on dangerous machines. Striking gear and devices for cutting off power. Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power.
Self-acting machines. No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outwards or inward traverse within a distance forty-five centimeters from any fixed structure which is not part of the machine:.
Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.
Casing of new machinery. Prohibition of employment of women and children near cotton-openers. No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work:. Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.
Hoist and lifts. Lifting machines, chains, ropes and lifting tackles. Revolving machinery. Pressure plant. Floors, stairs and means of access. Pits, sumps, openings in floors, etc. Excessive weights. Protection of eyes. In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves-. Precautions against dangerous fumes, gases, etc. Section 36A. Precautions regarding the use of portable electric light.
Explosive or inflammable dust, gas, etc. Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by-.
Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. Precautions in case of fire. Power to require specifications of defective parts or tests of stability. If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified date-.
Safety of buildings and machinery. Section 40A. Maintenance of buildings. If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.
Section 40B. Safety Officers. Power to make rules to supplement this Chapter. The State Government may make rules requiring the provision in any factory or in any class or description of factories of such further devices and measures for securing safety of persons employed therein as it may deem necessary.
Provisions relating to Hazardous Processes. Section 41A. Constitution of Site Appraisal Committees. Section 41B. Compulsory disclosure of information by the occupier. Section 41C. Specific responsibility of the occupier in relation to hazardous processes. Every occupier of a factory involving any hazardous process shall-.
Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final;. Section 41D. Power of Central Government to appoint Inquiry Committee.
Section 41E. Emergency standards. Section 41F. Permissible limits of exposure of chemical and toxic substances. Section 41G. Workers' participation in safety management. Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such Committee.
Section 41H. Right of workers to warn about imminent danger. The new Chapter lays down provisions relating to hazardous process in sections 41A to 41H. Under provisions of section 41A of this Chapter the State Government in empowered to form a Site Appraisal Committee to examine the application for establishment of a factory involving hazardous process and send its recommendations to the State Government.
The chairman and members of the Committee will be persons as specified in the section. Powers of the Committee are also specified.
The proposal for establishment or expansion of such a factory, if approved by the State Government, has to be further approved by the authorities mentioned in the section. Duties and responsibilities of the occupier of such a factory have been specified in sections 41B and 41C.
Section 41D empowers the Central Government to appoint Inquiry Committee to enquire whether such a factory is observing the standards of health and safety of workers as well as of the general public as prescribed and make recommendations.
Its recommendations shall be however of advisory nature The Committee shall have a chairman and two members. The Central Government shall determine the tenure of office of the members. Section 41E empowers the Central Government to take certain steps for laying down emergency standards and enforcement thereof in case no standard of safety has been prescribed for hazardous processes.
Section 41F enjoins that the maximum permissible limits of exposure of chemical and toxic substances in manufacturing processes whether hazardous or otherwise in any factory shall be of the value indicated in the Second Schedule. The section empowers the Central Government to make suitable changes in the said Schedule by notification in the Official Gazette.
Section 41G requires the occupier of a factory in which a hazardous process takes place to set up a Safety Committee with equal number of representatives of workers for the purpose of enforcing the safety measures in the factory. The State Government may, however, exempt any factory for reasons to be recorded in writing, any factory from setting up such a Committee.
Section 41H gives the right to workers of a factory in which a hazardous process takes place to bring to the notice of the occupier, agent, manager or any other person who is in-charge of the factory or the Inspector of the area, of their apprehension about any imminent danger and the person or persons informed must enquire immediately on receipt of the information and take remedical action. Washing facilities.
Facilities for storing and drying clothing. The State Government may, in respect of any factory or class or description of factories make rules requiring the provision therein of suitable place for keeping clothing not worn during working hours and for the drying of wet clothing. Facilities for sitting.
Shelters, rest-rooms and lunch-rooms. Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section:. Provided further that where a lunch-room exists no worker shall eat any food in the work-room.
Welfare Officers. The State Government may make rules-. Working Hours of Adults. Weekly hours. No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Weekly holidays. Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Compensatory holidays. Daily hours. Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Provided that subject to the previous approval of the Chief Inspector the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.
Intervals for rest. The period of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spreadover more than ten and a half hours in any day:.
Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spreadover up to twelve hours. Factories Act, Night shifts. Prohibition of overlapping shifts. Explanation 2. No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. Provided that if the Inspector is of opinion that any muster-roll or register maintained as a part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster-roll or register shall to the corresponding extent be maintained in place of, and be treated as, the register of adult workers in that factory.
Hours of work to correspond with notice under section 61 and register under section No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory. Provided that any person so defined or declared shall, where the ordinary rate of wages of such person does not exceed the wage limit specified in sub-section 6 of section 1 of the Payment of Wages Act, 4 of , as amended from time to time, be entitled to extra wages in respect of overtime work under section Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause d of sub-section 2 , make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause i and clause ii shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty;.
Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause b , but so that no such variation shall authorise the employment of any woman between the hours of 10 P.
No child who has not completed his fourteenth year shall be required or allowed to work in any factory. A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory, unless -.
A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory, in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place. Effect of certificate of fitness granted to adolescent. Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,-.
Hours of work to correspond with notice under section 72 and register under section No child shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory.
The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, XXVt of Provided that if such award, agreement including settlement or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourable therein, the provisions of sections 79 to 82, so far as may be, shall apply.
Explanation 1. Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:. Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections 8 and 9 or in contravention of sub-section 10 shall be entitled to carry forward the leave refused without any limit.
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause n of section 2 of the Industrial Disputes Act, XIV of :. Provided further that the number of times in which leave may be taken during any year shall not exceed three.
Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food-grains and other articles.
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, shall, before his leave begins, be paid the wages due for the periods of the leave allowed. Any sum required to be paid by an employer, under this Chapter but not paid by him, shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, IV of The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.
Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion, are not less favourable than those for which this Chapter makes provisions, it may by written order, exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order. Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.
The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education training, research or information, from all or any of the provisions of this Act:.
Provided that no exemption shall be granted from the provisions relating to hours of work and holidays unless the persons having the control of the institution submit, for the approval of the State Government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates for the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of the Act.
Where the State Government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may order or make rules applicable to any factory or class or description of factories in which manufacturing process or operation is carried on -. Section 87A.
Power to prohibit employment on account of serious hazard. Where in a factory any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or disability, or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
Power to direct inquiry into cases of accident or disease. Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier or manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with as further fine which may extend to one thousand rupees for each day on which the contravention is so continued.
Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
Liability of owner of premises in certain circumstances. Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities. Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:. Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him;.
Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees:. Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.
Whoever willfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
Penalty for wrongfully disclosing results of analysis under section Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to ten thousand rupees or with both.
Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H. Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allow it to be used, or an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to two months or with fine which may extend to one thousand rupees or with both.
Exists are determined on bases of actual number of occupants or 10 sq meter per person, whichever is more. Special dry pwder chloride based sand buckets Co2 or Dry powder type.
Travel distance to extinguisher not more than 15 meter. Water bucket filled with cleaned water. Sand bucket filled with clean, dry and fine sand. All extinguisher shall be charged appropriately. Fire fighting equipment and fire bucket shall be placed mm above the floor level. Adequate provisions of water supply. These equipments shall be in charge of a trained responsible person. Fire fighting drills - once in every 3 month Automatic sprinklers and fire hydrants.
The following details shall be painted with white paint Serial No. Date of Last Refilling Date of last inspection. Safety of building and machinery It contemplates a danger which is imminent or existing. Sec 40 Maintenance of buildings Sec 40 - A. Where or more workers are employed; or Where any manufacturing process is carried out, involving risk of bodily injury, poisoning or disease or any other hazard to health.
A person shall not be eligible for appointed as a Safety Officer unless he possess-. Adequate knowledge of the language spoken by majority of the workers. To prevent unsafe physical conditions and actions. To advise for reporting and investigation of accidents and diseases. To investigate selected accidents and diseases.
To advise on the maintenance of records. To promote setting up of safety committee and act as a adviser and catalyst. To organize campaigns, competitions and contests to develop interest. To design and conduct suitable training for the prevention of personal injuries.
To check and evaluate the efectiveness of measures taken to prevent personal injuries. If fall distance is more than 10feets shall be provided with a safety belt. Safety belt so provided shall be tested and examined by competent person at least once in Six Months and certificate with regard to its suitablitiy shall be obtained from the said competent person and entered in a register.
No building and structure etc. No machinery, plant or equipment shall be constructed, situated, operated, or maintained in any factory in such a manner as to cause risk of bodily 69 injury.
No process or work shall be carried in such a manner as to cause risk of bodily injury. No material or equipment shall be stocked or stored in such a manner as to cause risk of bodily injury.
No person shall be employed to operate a crane, locomotive or fork-lift truck or to give signals to a crane or locomotive operator unless his eye sight and colour vision have been examined and declared fit by a qualified 70 opthalmologist. He shall draw up an onsite emergency plan and detailed disaster control measures approved by Chief Inspector and shall make it known it to the workers and general public living in the vicinity if the factory.
Chief Inspector is to be informed about nature of the process within 30 days before commencement of Hazardous process. A to maintain accurate and up-to-date health records. B to appoint persons who possesses qualifications and experience in handling hazardous substance and are competent to supervise. C to arrange pre-placement medical examination and while continuing such jobs and after he has ceased to work in such jobs in an interval not exceeding 12 months.
The Central Government may by notification make suitable changes in the second schedule. Some examples. PEL 8hr expos. A box shall not be less than one for every workers. SECTION Notice of certain diseases: - Where any worker in a factory contracts any disease specified in third schedule, the manager of the factory shall send notice to prescribed authrities.
Some of the disease relevant are Lead poisoning, Silicosis, Occupational or contract dermatitis caused by direct contact with chemicals and paints. Occupational cancer. For serious bodily injury77in hazardous operations the fine shall not be less than Rs. SECTION Penalty for obstructing Inspector- willful obstruction in exercise of any power or fails to produce or demand any registers or other documents or conceals or prevents any workers in a factory from appearing before or being examined by an Inspector shall be punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to 10, Rs.
If failure or contravention 78 continues beyond 1 year the ofender shall be punishable with imprisonment for a term, which may extend up to ten years. If contravenes imprisonment max. Examination of instrument and safety devices once in a month Electrical installation of an appropriate type to ensure safety. Handling and storage of chemicals safely Facility for isolation for plant and equipment Personal protective equipments to all workers Alarm System Audible and visible indicator before exceeding the parameter checked daily and tested every month.
Control of escape of substance in to the work atmosphere efective. Testing , examination and repair of plant and equipments every two years which are likely to give rise to emergency situations. Source of ignition including lighting installation-no naked light of combustion source near fire and explosion hazard.
Lightning protection where necessary and maintained. Wherever possible to be automatically controlled. Installation of pipe lime for flammable martial to be protected from mechanical damage.
To be examined once in a week and registers of defect to be kept. Fire fighting system For every factory employing more than workers. Trained fire fighting squad from recognized government institution and other facilities. Drainage Adequate drainage shall be provided and system to neutralize deleterious material before discharge.
Covering of vessels every fixed vessels or structures containing any toxic substance and not covered shall be constructed to avoid physical contact. Such vessels unless edge in 90cm above adjoining ground to be provided with fencing of 90cm height. Interlocking with process in case of failure. Work benches cleaning daily after completion of work. Occupational health center- One doctor for up to workers and one more for or part there of.
With occupational health center fully equipped. Ambulance vane Fully equipped ambulance van to be provided. No relaxation if more than workers. Mess room facility if 50 workers or more Clock room facility Two lockers for every employees Bathing facilities One for 25 workers.
Not make any safety devices in operative and report defective Report for any defect or well functioning All workers shall cooperate with management while carrying out any work or any emergency duty assigned under. Restriction on employment of under 18 years of age and women. Our smelters comes under appendix A, i. Open navigation menu. Close suggestions Search Search. User Settings.
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Search inside document. List of industries involving in hazardous process. Permissible exposure limit of certain chemical substances in work. List of notifiable diseases. The chief Inspector may relax the requirement of qualifications in respect of competent person. The 12by chief Inspector may, after being heard the competent person, revoke the certificate of competency on certain prescribed conditions. Every occupier shall prepare a written statement of his general policy with respect to the health and safety of the workers at 14 work.
Other Duties Elimination or minimization of any risk to the health or safety of the worker. A certifying surgeon may, with the approval of the State Government authorize any qualified medical practitioner to exercise any of his powers for specific period under this Act Duties Examination and certification of young person Examination of engaged person in dangerous occupations or processes Exercising of such medical supervision, where Cases of illness due to the nature of manufacturing process carried on.
The State Government may prescribe a standard of adequate ventilation and reasonable temperature 24 The chief Inspector may adopt any suitable measure to reduce the teperature. Efective provisions shall be made for the prevention of a b Glare and The formation of shadows to such an extent as to cause eye strain or the risk of accident to any worker. Separate enclosed accommodation for male and female.
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