“Provisions Relating to Health & Safety in

Factories Act, 1948”

Labour Law II Assignment

Submitted by

PRASHANT KUMAR
STUDENT ID – 20188885
B.A. LL.B. (VIth SEMESTER) (SELF FINANCE)

Submitted to:

Prof. Dr. Samia Khan

(Faculty of Law, Jamia Millia Islamia, New Delhi)

(April 28, 2021)

 TABLE OF CONTENT
INTRODUCTION.....................................................................................................................................3
DEFINITION.............................................................................................................................................4
HEALTH PROVISIONS UNDER THE FACTORIES ACT, 1948.......................................................5
1. Cleanliness:.....................................................................................................................................5
2. Disposal of wastes and effluents:.....................................................................................................6
3. Ventilation and temperature:............................................................................................................6
4. Dust and fume:................................................................................................................................7
5. Artificial humidification:.................................................................................................................7
6. Overcrowding:.................................................................................................................................8
7. Lighting:..........................................................................................................................................8
8. Drinking water:................................................................................................................................9
9. Latrines and Urinals:........................................................................................................................9
10. Spittoons:......................................................................................................................................10
CONCLUSION........................................................................................................................................10
BIBLIOGRAPHY...................................................................................................................................11

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INTRODUCTION

Occupational health deals with all aspects of health and safety in the workplace and has a strong
focus on primary prevention of hazards. The health of the workers has several determinants,
including risk factors at the workplace leading to accidents, musculoskeletal diseases, cancers,
respiratory diseases, hearing loss, circulatory diseases, stress related disorders and communicable
diseases and others. Employment and working conditions in the formal or informal economy
embrace other important determinants, including, working hours, salary, workplace policies
concerning maternity leave, health promotion and protection provisions, etc.

Health and Safety occupy a significant place in India's Constitution, which prohibits employment
of children under the age of 14 in factories, mines and hazardous occupations. This policy aims
to protect the health and strength of all workers by discouraging employment in occupations
unsuitable to the worker's age and strength. It is the policy of the State to make provisions to
secure just and humane conditions at work. The Constitution provides a broad framework under
which policies and programmes for occupational health and safety can be established.

Legislation on occupational health and safety has existed in India for over 50 years. The
principal health and safety laws are based on the British Factories Act. The Factories Act, 1948
has been amended from time to time, especially after the Bhopal gas disaster, which could have
been prevented. The amendment demanded a shift away from dealing with disaster (or disease)
to prevention of its occurrence. The Factories (Amendment) Act came into force on December 1,
1987. A special chapter on occupational health and safety to safeguard workers employed in
hazardous industries was added. In this chapter, pre-employment and periodic medical
examinations and monitoring of the work environment are mandatory for industries defined as
hazardous under the Act. A maximum permissible limit has been laid down for a number of
chemicals.

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DEFINITION

As defined by the World Health Organization (WHO) “occupational health deals with all aspects
of health and safety in the workplace and has a strong focus on primary prevention of hazards”.
Occupational health is a multidisciplinary field of healthcare concerned with enabling an
individual to undertake their occupation, in the way that causes least harm to their health.

Since 1950, the International Labour Organization (ILO) and the World Health Organization
(WHO) have shared a common definition of occupational health. It defines it to be, “The highest
degree of physical, mental and social well-being of workers in all occupations”

The definition reads: Occupational health should aim at: the promotion and maintenance of the
highest degree of physical, mental and social well-being of workers in all occupations; the
prevention amongst workers of departures from health caused by their working conditions; the
protection of workers in their employment from risks resulting from factors adverse to health; the
placing and maintenance of the worker in an occupational environment adapted to his
physiological and psychological capabilities; and, to summarize, the adaptation of work to man
and of each man to his job.

The main focus in occupational health is on three different objectives:

(i) The maintenance and promotion of workers’ health and working capacity;
(ii) The improvement of working environment and work to become conducive to safety and
health and
(iii) Development of work organizations and working cultures in a direction which
supports health and safety at work and in doing so also promotes a positive social climate
and smooth operation and may enhance productivity of the undertakings.

The discipline of occupational health is concerned with the two-way relationship between work
environment and health. The philosophy aims to promote and maintain the highest degree of
physical, mental and social well-being of workers in all occupations: to prevent departures from
health caused by their working conditions; the protection of workers in their employment from
risk resulting from factors adverse to health; the placing and maintenance of the workers in an
occupational environment adapted to his physiological and psychological make-up.

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HEALTH PROVISIONS UNDER THE FACTORIES ACT, 1948

Factories produce several kinds of goods useful to the society. They in call the highest
technology in the process of production, so also new means and methods are introduced in the
factors which produce huge quantities of obnoxious gases and effluents causing danger to the
workers.

The first Factories Act was enacted in 1881 which was replaced by the Act of 1934. The 1934
Act revealed a number of defects and weaknesses which hampered effective administration of
the Act, therefore the Factories Act, 1948 was passed. The Act is in tune with the spirit of the
Constitution of India i.e. article 24, 39(e), 39(f), 42 and 48A.

Health Provisions: - Provisions relating to the health and cleanliness under the Factories Act,
1948 are contained in Chapter III of the Act.

1. Cleanliness: - Section 11 of the Act deals with Cleanliness it prescribes certain standard of
cleanliness which every factory has to maintain. It says that every factory shall be kept clean
and free form effluvia arising from any drain, privy or other nuisance. The duties in
particular are as follows:
a) Accumulation of dirt and refuse shall be removed daily by sweeping or by any other
effective method from the floors and benches of workrooms and from staircases and
passages, and disposed of in a suitable manner;
b) The floor of every workroom shall be cleaned at least once in every week by washing,
using disinfectant, where necessary, or by some other effective method;
c) Where a floor is liable to become wet in the course of any manufacturing process to
such extent as in capable of being drained, effective means of drainage shall be
provided and maintained;
d) All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall-
(i) Where they are painted otherwise than with washable water paint or
varnished, be repainted or re varnished at least once in every period of five
years.

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 (ii) Where they are painted or varnished poor where they have smooth impervious
surfaces, be cleaned atleast once in every period of fourteen months by such
method as may be prescribed;
(iii) In any other case, be kept white washed or colour washed, and the white
washing or colour washing shall be carried out at least once in every period of
fourteen months.

Section 11(2) lays down, if in view of the nature of the operations carried out in a factory or class
or description off factories or any part of a factory or any class or description of factories, it is
not possible for the occupier to comply with all or any of the provisions of sub section (1), the
state government may by order exempt such factory or class or description of factories or part
thereof from any of the provisions of that sub-section and specify alternate methods for keeping
the factory in a clean state.

2. Disposal of wastes and effluents : - Section 12 of the Act deals with Disposal of wastes and
effluents. It states that effective arrangements must be made in every factory for the
treatment of wastes and effluents due to the manufacturing process carried on it, so as to
render them innocuous. Where the drainage system of a factory is proposed to be connected
to the public sewage system, prior approval of the arrangements must be obtained from the
local authority. In case of other factories prior approval of the arrangements made for the
disposal of trade-wastes and effluents must be obtained from the Health Officer.
3. Ventilation and temperature: - Section 13 of the Act deals with Ventilation and temperature.
It states that effective and suitable provisions must be made in every workroom for securing
and maintaining:
a) Adequate ventilation by circulation of fresh air,
b) Such temperature as will secure to workers reasonable comfort and prevent injury to
their health.

The walls and roofs should be of such type as to keep the temperature low. Where the nature
of work carried on in the factory is likely to produce excessively high temperatures,
practicable measures should be taken to protect the workers by separating such process from
the work-room by insulting hot parts or by other means.

The state Government may prescribe –

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 a) Standards of adequate ventilation and reasonable temperature and direct a
thermometer to be maintained as specified.
b) Where excessive high temperatures can be reduced by white-washing, spraying or
insulating and screening outside walls or roofs or windows, or by raising the level of
the roof or by insulating the roof, such or other methods as shall be adopted in the
factory.
4. Dust and fume: - Section 14 of the Act deals with Dust and fume. According to Section 14,
where dust or fume or impurity of such a nature is given off as a result of the manufacturing
process which is likely to be injurious or offensive, effective measures must be taken to
prevent its inhalation and accumulation in a workroom and if an exhaust appliance is
necessary for this purpose, it shall be applied very near to the point of origin which must be
enclosed. An internal combustion engine which is stationary shall not be operated unless the
exhaust is conducted into the open air. No internal combustion engine shall be operated in
any rooms unless effective measures have been taken to prevent accumulation of fumes
which are injurious
5. Artificial humidification: - Section 15 of the Act deals with artificial humidification. It says
that in respect of all factors in which the humidity of the air is artificially increased, the State
Government may make rules
a) Prescribing standards of humidification;
b) Regulating the methods used for artificially increasing the humidity of the air;
c) Directing prescribed test for determining the humidity of the air to be correctly
carried out and recorded;
d) Prescribing methods to be adopted for securing adequate ventilation and cooling of
the sir in the workrooms.

Section 15(2) states that in any factory in which the humidity of the air is artificially
increased, the water used for the purpose shall be taken from a public supply, or other source
of drinking water, or shall be effectively purified before it is so used. Section 15(3) further
states that if it appears to an Inspector that the water used in a factory for increasing humidity
which is required to be effectively purified under Sub-Section (2) is not effectively purified
he may serve on the manager of the factory an order in writing, specifying the measures

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 which in his opinion should be adopted, and requiring that they be carried out before the
specified date.

6. Overcrowding: - Section 16 of the Act deals with overcrowding in the factories. According to
it-
(i) No room in any factory shall be overcrowded to an extent injurious to the health of
the workers employed there.
(ii) There shall be an every workroom of a factory in existence on the date of the
commencement of the Act at least 9.9 cubic meters and of a factory built after the
commencement of the Act at least 14.2 cubic meters of space for every worker
employed in it.
(iii) If the Chief Inspector by order in writing so requires, there shall be posted in each
workroom of a factory a notice specifying the maximum number of workers who
may, in compliance with the provisions of this section, be employed in the room.
(iv)The Chief Inspector by order in writing exempt, subject to such conditions, if any, as
he may think fit to impose, any workroom from the provisions of this section, if he is
satisfied that compliance with it in respect of the room is unnecessary in the interest
of the health of the workers employed there.
7. Lighting: - Regarding lightning in the factories, section 17 of the Act provides that in every
part of a factory where workers are working or passing, there shall be provided and
maintained sufficient and suitable lighting, natural or artificial, or both.
Section 17(2) states that in every factory all glazed windows and skylights used for the
lighting of the workrooms shall be kept clean on both the inner and outer surfaces and this is
subject to the requirements of Section 13 as to ventilation and temperature.
Section 17(3) states that in every factory effective provision shall, so far as is practicable, be
made for the prevention of –
a. Glare, either directly from a source of light or by reflection from a smooth or polished
surface;
b. The formation of shadows to such an extent as to cause eye-strain or the risk of
accident to any worker.

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 The State Government shall prescribe standards of sufficient and suitable lighting for
factories of any class or description of factories or for any manufacturing process.

8. Drinking water: - Section 18 provides that a sufficient supply of wholesome drinking water
must be provided and maintained at suitable and convenient points which shall be marked
‘drinking water’ in the language understood by a majority of workers.
No such point shall be within 7.5 meters of any working place, urinal or latrine unless a
shorter distance is approved in writing by the Chief Inspector. In the factory where more than
250 workers are ordinarily employed, effective arrangements must be made for cooling
drinking water during hot weather, and its distribution.
The State Government may make rules for securing compliance with above provisions and
for examination of the supply and distribution of drinking water in factories
9. Latrines and Urinals: - According to section 19, in every factory sufficient and separate
latrines and urinals as prescribed for male and female workers must be provided. The State
Government is empowered to prescribe the number of latrine and urinals to be provided in
any factory, in proportion to the number of male and female workers employed. Further these
must be adequately lighted and ventilated and no latrine or urinal shall, unless specially
exempted by the Chief Inspector in writing, communicate with any workroom except,
through an intervening open space or ventilated passage. Such accommodation must be kept
in a clean and sanitary condition, and sweepers must be employed for keeping latrines,
urinals and washing places clean.
In factories where more than 250 workers are ordinarily employed
(i) All latrines and urinals accommodation shall be prescribed sanitary types,
(ii) The floors and walls up to height of 90 cms of the latrines and urinals and the sanitary
blocks shall be in glazed tiles or otherwise provided with a smooth polished
impervious surface.
(iii) The floors, portions of the walls and blocks and sanitary pans of latrines and
urinals shall be thoroughly washed and clean at least once in every 7 days with
suitable detergents or disinfectants or both.
The State Government may provide for further matters of sanitation including the obligation
of workers in this regard.

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10. Spittoons: - Spittoons as prescribed by the State Government shall be provided at such
convenient places and shall be kept in a clean and a hygienic condition. Section 20 provides
that no person shall spit within the premises of the factory except in Spittoons and a notice
containing this provision and the penalty for its violation shall be prominently displayed at
suitable places. Contraventions of this provision are punishable with a fine.

CONCLUSION

The scope of occupational health safety and hygiene includes prevention and control of hazards,
curative and rehabilitative programs. These are: -

1) Establishment of sound sanitary condition within the work place such as Water supply,
waste disposal, canteen, cloak room, shower and hand washing facilities, sanitary and
safe storage of chemicals.
2) Organization of health services including first aid
3) Health promotion in the work environment
4) Rehabilitation of those that have been injured
5) Prevention, diagnosis, and treatment of occupational related diseases and accidents.

The management of all Factories and establishments shall consider the following steps:

 Strengthening of international and national policies for health at work and development
of policy tools
 Developing healthy working environment
 Developing healthy work practices and promoting health at work
 Establishing support services for occupational health
 Developing occupational health standards based on scientific risk assessment
 Developing human resources for occupational health
 Establishing registration data system and raising public awareness through strengthened
public information system
 Developing collaboration in occupational health services and organization

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BIBLIOGRAPHY

1. S. C. Shrivastava Social Security and Labour law (Eastern Book Company, Lucknow,
1985).
2. Dr. Singh Avtar, Introduction to Labour and Industrial Law (LexisNexis Buttterworths
Wadhwa Nagpur, Second Edition, 2008).
3. S. N. Mishra Labour & Industrial Laws (Central Law Publications, 24th Edition, 2008).
4. K. M. Pillai Labour and Industrial Law (Allahabad law Agency, 10th Edition, 2005).

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