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Facotries Act, 1948-1
Facotries Act, 1948-1
OBJECTIVES
TO SECURE SAFETY OF THE PERSONS; TO SECURE HEALTH OF THE PERSONS FROM HAZARDOUS OCCUPATION/PROCESSES; TO ENSURE PROTECTION FROM HAZARDOUS EQUIPMENT; TO ENSURE SOUND WORKING ENVIRONMENT; TO ENSURE WELFARE OF THE PERSONS;
Regarded as one of the Noble and a Comprehensive Labour Legislation which is inforce in our country.
Covers all the aspects relating to workers employed in factories. Secures Safety Health
Welfare
Regulates Working Hours
Ensures
Provides
LABOUR LEGISLATIONS
LABOUR LEGISLATIONS
Unfold the history Labourers have been exploited They have been made to face lot of problems at their work place.
Legislation :
Labour legislations are the laws or legislations designed to protect the interest and various aspects relating to the persons employed / working in various fields.
60 LABOUR LEGISLATIONS
The fatal accidents Act, 1855 The child labour (prohibition and regulation) Act, 1986 - Pre-independence - Post independence
Legislations are amended from time to time to meet the scope and objective enshrined in the Acts.
60 LABOUR LEGISLATIONS
Working conditions
Environment Wages
Social security
Labour legislations on social security The Workmen Compensation Act, 1923 The Maternity Benefit Act, 1961 The Payment of Gratuity Act, 1972
Other Labour Laws The Employees Provident fund Act, 1952 The Employees State Insurance Act, 1948 The Karnataka Labour Welfare Fund Act, 1965 The labour laws exemption (from furnishing returns and maintaining registers by certain establishments) Act, 1988, etc.
Other Legislations Environment (Protection) Act, 1986 - MSIHC Rules - MAHC (K) Rules, 1994
Last two decades of the 18th century, i.e., 1880, 1890, 1900
Conditions : No control over the conditions of the employment of workmen employed in industries Employers used to bargain with the employees
These conditions urged the need for a law / legislation to protect the workers Result is the Indian Factories Act, 1881 came in to force.
Much importance was given to abolish child employment by fixing the minimum age to 7 years Applicable for establishment having 100 workers; There were no inspecting staff;
Initially, this didnt serve the purpose for which this has been designed.
THE FIRST SCHEDULE (See Section 2 (cb)) List of Industries involving Hazardous Processes
4.
5. 6. 7. 8. 9.
10. Petrochemical industries 11. Drugs and pharmaceutical industries 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic) industries 14. Paints and pigment industries
Social legislation
120 provisions spread-over under 11 chapters Act empowers state to make rules to enlarge the scope and objectives of the Act. Accordingly KFR 1969 is in force since 10.4.1969 Rules are also amended from time to time Extends to the whole of India Applicable to the premises, which comes under the definition Factory
- Constitutional Provisions
Fundamental Rights
Directive Principles
APPLICABILITY
Limited jurisdiction applies to Factories Premises where 10 and more workers; Manufacturing process, Power Premises where 20 and more workers;
Manufacturing process; No power Act empower 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. 1. Training 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.
Worker means a person employed, directly 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
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 Partnership Proprietor One of the partner
Company
State or Central Government owned
After the SC judgment during 1996 MANAGER means a person responsible to the occupier for the working of the factory. He has to be nominated by the occupier.
INSPECTING STAFF
Act empowers state Government to appoint persons as inspectors who possess the prescribed qualifications along with local limits.
FOCUSSED AREAS
Occupiers responsibility Inspectors responsibility Health Safety Welfare Working hours for adult workers Annual leave with wages Provisions strength of workers
FOCUSSED AREAS
Notifiable diseases Special provisions relating to hazardous processes Accidents and dangerous occurrences Statutory notices, registers Right of workers Obligation of workers Penalties and procedures
OCCUPIERS RESPONSIBILITY
Approval of building plan and the machinery layout Application of registration and grant of license Renewal of factory license At a time renewal for 3 years Obliged to comply with the applicable provisions of the Act Most importantly he is required to ensure SHE management at the site without any compromise.
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.
HEALTH
Cleanliness Disposal of waste and effluent
Drinking water
Latrine and urinals Ventilation and temperature (reasonable condition of comfort)
SAFETY
Fencing of machinery (transmission machinery / dangerous rotating parts) Lifting machines/ tackles Pressure plant Floors, stairs and sumps Excessive weights Protection of eyes (risk of injury particle fragments / risk of injury exposure to light) Precautions in case of fire Safety of building and machinery Power to prohibit on account of serious hazard, imminent danger
Railway in factories special provisions are envisaged for operation in factories since premises is not covered under Indian Railway Act, 1890.
No person shall be allowed to enter any chamber, tank, vat, pipe or other confined space in which gas, fumes is present which is likely to cause danger unless it is made innocuous.
The portable electric light of voltage not exceeding 24 volts shall be permitted to use in any chamber, tank, vat, pit, pipe or other confined space. Flammable material flameproof construction shall be permitted to use.
WELFARE
Washing facilities Facilities for sitting
Ambulance room
Weekly holidays
Interval for rest Extra wages for overtime Spreadover 10 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 Register of adult workers
OHC CONDITIONS
UPTO 50 WORKERS : Facilities as per the scale prescribed shall be provided and maintained A medical practitioner on retainership basis He will carryout pre employment and periodical medical examinations Minimum 5 first aid trained personnel shall be present
OHC CONDITIONS
FROM 50 TO 200 WORKERS : A separate room with 15 Sq.Mtr. Area with all the facilities as prescribed under rules Part time doctor who visit the OHC twice in a week and whose services are readily available in case of emergencies One qualified dresser cum compounder.
One full time doctor up to 500 workers and one more for every 1000
Equipped OHC of area 15 Sq.Mtr. One nurse, dresser cum compounder, sweeper cum wardboy.
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;
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
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
State intention of integration of SHE in selection of machineries, selection of personnel, etc., and the
An on site emergency plan detailing how possible emergencies are combated by dove tailing all the available infrastructures at the site. This shall be made known to the workers and the public living in the vicinity. Mock rehearsals shall be conducted periodically to assess the strength and weaknesses in the envisaged plan.
116 chemical substances have been notified under the second schedule appended to the Act.
WORKERS PARTICIPATION IN SAFETY MANAGEMENT Management has to set up a safety committee comprising of representatives of both management and workers to bridge cooperation in maintaining proper safety and health at work. Composition of the committee is prescribed and the tenure is also fixed. Functions are also defined: Committee should deal with all matter of safety, health and environment and arrive at practicable solution to the problems encountered Undertake educational training and promotional activities Discuss on reports of safety, environmental and occupational surveys, safety audits, risk assessments, disaster management plans and implement the recommendations made
WORKERS PARTICIPATION IN SAFETY MANAGEMENT Functions are defined Investigation in to the accidents and suggests corrective measures to avoid reoccurrence of the same Creating safety awareness amongst the workers Helping the management in achieving the aims and objectives outlined in the safety policy.
Any compromise on these provisions, the punishment under the Act is very bitter and costly.
MAINTENANCE OF REGISTERS
Muster roll Register of adult workers Register of leave with wages Inspection book
DISPLAY OF NOTICES
Notice of periods of work An abstract of the act and rules Cautionary notices Safety posters Name of the Inspector
RETURNS TO BE SUBMITTED
Annual return Half yearly return Accident return
Requires reporting to the Inspector Investigated within one month To find out causes Any violations requires legal action
DANGEROUS OCCURRENCES
9 Benzene poisoning
10 Chrome ulceration 11 Anthrax
12 Silicosis
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
27 Occupational cancer
28 Isocyanates 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.
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.
OBLIGATION OF WORKERS
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.
PENALTY
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 contraventions are noticed from Chapter IV - Rs. 25,000/- minimum
In case of serious accident Rs. 5,000/Any contraventions under chapter IVA penal provisions are very stringent.
The act not only protect the persons inside the premises in particular but also the environment in general.
Act also provides certain rights and highlights the obligations of the workers in ensuring safety at the work place.
The occupier and manager carry vicarious responsibilities. Two types of responsibilities Vicarious (though he is not directly connected, ultimately they will be held) Absolute
RATE OF ACHIEVEMENT
Though many legislation are in force Not much is accomplished
REASONS
Scanty respect for the Law Misconception - Proposition involves in huge expenditure Lack of appreciation of the hazards Subject is very bland Misconception - accident is the act of God - Can not be prevented Laxity in behavioural change
IS IT REQUIRED?
Protected Market Competitive To thrive, industry is required to produce High quality of goods Goods with less cost Many parameters influence this; Safe and healthy environment is also one amongst the parameters.
ACCIDENT
Unplanned, unexpected event Never happens but they are caused Unsafe Act and unsafe conditions 98% of the accident can be prevented
ACCIDENT SEQUENCE
Ask
Fault
Cause
Accident
Injury/ Damage
Unsafe Act
Unsafe Condition
HOW TO ACCOMPLISH?
Definitely much can be accomplished Top management should have very strong commitment to ensure safety and health at the workplace. Implementation of safety is not only a few persons job Everybody should think that individually and collectively they are responsible to promote safety in the industry
Continuous effort of providing information, training and education on safety and health to the persons who are in the field is required.
There should be strong behavioural attitude towards safety Everybody should think that they are the occupier and manager and they are required to observe and follow safety without any excuses.
RESULT - HAPPINESS EVERYWHERE To be in this beautiful world One should work safely
6. Divisional Offices
7. Accidents (Fatal) 8. Non-fatal accidents 9. No. of enforcing Officers
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: : :
20 Districts
Average 30 to 50 Average 3500 to 4000 30