MODEL QUESTIONS

ISE 201-----LEGAL ASPECTS OF SAFETY

MODULE---1

PART- A

1. Answer the following questions in one or two sentences.

Each question carries 2marks

a) Define worker as given in Factories Act.

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 cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does
not include any member of the armed forces of the union.

b) Define factory as given in Factories Act.

FACTORY means any premises including the precincts thereof- (i)whereon ten or more workers are working, or
were working on any day of preceding twelve months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on, or
(ii)whereon twenty or more workers are working or were working on any day of preceding twelve months, and in
any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on.
c) Define manufacturing process as given in Factories Act.

Manufacturing Process means any process for-

(i)making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or
ii) Pumping oil, water, sewage or any other substance: or
(iii) Generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book
binding; or
v) Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or vessels; or
(vi) Preserving or storing any articles in cold storage.

d) Define hazardous process as given in Factories Act.

Hazardous process means any process or activity in relation to an industry specified i n the first schedule unless
special care is taken the raw material, intermediate, finished products, bye products, wastes or effluents would
cause material impairment to the health of persons engaged OR Result in the pollution of the general environment.
e) Who is a competent person?

A person or an institution recognised by CIF for carrying out test, examination and inspection considering his
qualification and experience.

f) Who is a certifying surgeon?

A certifying surgeon may, with the approval of the State Government, authorize any qualified medical
practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and
subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying
surgeon shall be deemed to include references to any qualified medical practitioner when so authorized.

g) What is the provision regarding self-acting machines?

S-25 Self Acting Machine - A minimum distance of 45 cm has to be provided with the fixed structure and
traversing part of the machinery.

2. Answer the following questions.

Each question carries 5marks

a) Explain the provisions regarding excessive weights in Factories Act / Rules.

Section 34 of FA 1948 explains about the excessive weights, it includes,

(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him
injury.
(2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved
by adult men, adult women, adolescents and children employed in factories or in any class or description of factories
or in carrying on any specified process.
In KFR Rule 75 explains about excessive weights, (1) Definition. - for the purpose of this rule: -
(a) The term “manual transport of loads” means any transport in which the weight of the load is wholly borne by
one worker and it covers the lifting and putting down of loads.
(b) The term “regular manual transport of loads” means any activity which is continuously or principally devoted to
the manual transport of loads, or which normally includes, even though intermittently, the manual transport of
loads.
(2) No person, unaided by another person, or mechanical aid, be required or allowed to lift, put down, carry or move
any load of material, article, tools or appliance exceeding the maximum limit in weight as set out in the following
schedule: -

(a) Adult male 55 kg

(b) Adult female 30 kg
(c) Young person (male 15-18yrs) 30 kg
(d) Young person (female 15-18yrs) 20 kg
(e) Young person (male 14-15yrs) 16 kg
(f) Young person (female 14-15yrs) 14 kg
(3) No woman or young person shall engage, in conjunction with others, in lifting, carrying or moving any material,
article, tool or appliance, if the weight thereof exceeds the lowest weight fixed by the Schedule to sub-rule (2) for
any of the persons engaged, multiplied by the number of the persons engaged.

(4) Taking in to account all conditions in which the work is to be performed no worker shall be required or permitted
to engage in the manual transport of load which, by reason of its weight, is likely to jeopardize his health or safety.

(5) Wherever reasonably practicable, suitable technical devices shall be used for the manual transport of loads.

(6) Notwithstanding the fact that workers are engaged in the regular manual transport of loads within the
permissible limits as set out in sub rule(2), they should be subjected to medical examination prior to regular
assignment and to periodical examination at an interval of 12 months if the assignment of such jobs, exceeds more
than 12 months.]

b) Explain the provisions regarding prohibition of buildings.

As per Section 40 of FA 1948- Safety of buildings and machinery

(1) 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 is dangerous to human life or safety, 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 adopted, and
requiring them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery
or plant in a factory involves imminent danger to human life or safety, he may serve on the occupier or manager or
both of the factory an order in writing prohibiting its use until it has been properly repaired or altered.

c) Discuss the specific responsibility of occupier with respect to hazardous processes.

Every occupier of a factory involving any hazardous process shall—

(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the
factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored,
handled or transported and such records shall be accessible to the workers subject to such conditions as may be
prescribed;
(b) Appoint persons who possess qualifications and experience in handling hazardous substances and are
competent to supervise such handling within the factory and to provide at the working place all the necessary
facilities for protecting the workers in the manner prescribed:
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;
(c) Provide for medical examination of every worker— (a) before such worker is assigned to a job involving the
handling of, or working with, a hazardous substance, and
(b) While continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve
months, in such manner as may be prescribed.
d) Discuss the powers of Inspectors.

S-9 POWERS OF INSPECTORS

• Enter with assistance as desired

• Make examination of premises, plant, machinery etc.
• Enquire accident or Dangerous Occurrence, take statements in that regard
• Production of any document
• Seize, copy any document- offence related
• Direct occupier to keep undisturbed the area , part etc. meant for exam
• Take measurements, photographs & recordings as necessary
• Direct to dismantle or take possession of the article which has caused danger or is likely to cause
danger
• Medical examination
• Prosecute, conduct or defend
• (a ) To photograph any worker, to inspect, examine , measure, copy, photograph , sketch as the case
may be any building or room, any plant, machinery, appliance or apparatus; any register or
document or anything provided for securing SHW of the workers.
(b) Inspector qualified as medical practitioner may carry out medical examination
(c) To prosecute, conduct or defend before a court.
• Powers of the District Magistrate & such other officers appointed as Inspectors under the Act will be
restricted to Sections 11,16,17,18, 19, 20,38, Chapter-V Welfare, Chapter-VI,VII &VII with certain
restrictions.

e) Discuss the general duties of occupier.

General duties of the occupier are:

(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while
they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub- section (1), the matters to which such duty extends,
shall include- (a) the provision and maintenance of plant and systems of work in the factory that are safe and
without risks to health;
(b) The arrangements in the factory for ensuring safety and absence of risks to health in connection with the use,
handling, storage and transport of articles and substances;
(c) The provision of such information, instruction, training and supervision as are necessary to ensure the health and
safety of all workers at work;
(d) The maintenance of all places of work in the factory in a condition that is safe without risks to health and the
provision and maintenance of such means of access to, and egress from, such places as are safe and without such
risks;
(e) The provision, maintenance or monitoring of such working environment in the factory for the workers that is
safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate,
revise, a written statement of his general policy with respect to the health and safety of the workers at work and the
organization and arrangements for the time being in force for carrying out that policy, and to bring the statement
and any revision thereof to the notice of all the workers in such manner as may be prescribed.

f) Discuss the provisions related to workers participation in safety management.

S-41G Workers participation in Safety Management. Safety committee has to be constituted with equal
participation of workers and management.

S-41H Right of workers to warn about imminent danger

a) Reasonable apprehension of the worker that there is likelihood of imminent danger to the lives or
health due to any accident, they may bring to the notice of the occupier directly or through their
representative in the safety committee.
b) It is the duty and responsibility of the occupier to take immediate remedial action if he is satisfied and
report to Inspector.
c) If occupier is not satisfied about the existence of danger the matter may be referred to the inspector.

g) Explain the provisions regarding pits, sumps and opening in floors.

Section-33 States that:-

(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by
reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either
securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such conditions as may be
prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or
opening from compliance with the provisions of this section.

h) Discuss the provisions related to penalties for violations.

Penalties (Under the Factories Act, 1948)

There are various penalties and provisions provided under the Factories Act 1948 with regards to
the violations mentioned. They are as follows:
Section 92: General penalty for offenses
This section states that in case there is any kind of contravention with the laws of the Act, then the occupier
and the manager of the factory will be equally responsible for the breaking of the law.
They will be punishable for with imprisonment up to 2 years and fine up to Rs.2 lakhs. In case, they continue the
breach, they will be punishable with Rs. 10 thousand each day of the continuing breach.
Section 93: Liability of owner of premises under special circumstances
This section states that in case a factory is on lease to various occupiers, the owner of the factory is still
responsible for providing and maintaining certain services like drainage, approaches roads, water supply, electricity,
lighting, sanitation, etc.
Section 94: Enhanced penalty after a previous conviction
(a) Firstly, if there is any person in a factory who does any general offense and repeats it, then he will be punishable
with imprisonment up to 3 years or fine of at least Rs. 10 thousand (up to Rs. 2 lakhs) or both.
(b) Secondly, in order to find the applicability of this provision, the managers should only count the offenses within
the last 2 years of the latest offense.
Section 95: Penalty for obstructing an inspector
This section states that whoever 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, then that person will be punishable
with imprisonment up to 6 months or fine up to Rs. 10 thousand or both. This also applies to the cases
where a person prevents any worker in a factory from appearing before or being examined by an
Inspector.

Section 96: Penalty for wrongfully disclosing results of analysis under section 91
This section states that any person who publishes or discloses to any other person the results of an
analysis made by taking samples shall be punishable with imprisonment for a term which may extend to
six months. Moreover, he will be punishable with a fine of at least Rs. 10 thousand.

Section 97: Worker’s offenses

This section states that if any worker working in the factory contravenes with the rules or provisions of
the Act, creating liabilities for other workers, will be punishable with a fine of at least Rs.500.

Section 98: False Certificate of Fitness

Fitness Certificate states the level of fitness of an individual for a particular job or work. In factories, this
certificate plays an important role. This section punishes those workers who try to present a false
‘Certificate of Fitness’.
If anyone tries to do so, he will be punishable with imprisonment of 2 months. Moreover, he may be
punishable with a fine of at least Rs. 10 thousand. In certain cases, he is punished with fine and
imprisonment.

Section 99: Double Employment of Child

This section states:
(a) Firstly, if any child works in a factory and works with another factory on the same day, then his
parents will be punishable. They will be punished with a fine of Rs.1000.
(b) Secondly, this case also applies to the person who gets benefit from such child’s wages.

Section 101: Exemption of occupier from liability in certain cases

This section provides an opportunity to the managers and the occupiers of the factories who have done
an offense to prove themselves non-guilty. So, in order to prove themselves right, they have to give
notice to the inspector within 3 days stating their interest of proving themselves non-guilty. Moreover,
they have to prove 2 things by themselves:
(a) Firstly, he has complied with all the provisions of the act.
(b) Secondly, someone else is the real culprit and he didn’t know about the offense being done by the
real offender.
Section 102: Power of court to make orders
This section states that powers of the courts in case any manager does any offense under the Act. The
court along with punishing the offenders can take steps in remedying the situation.
Section 103: Presumption as to employment
This section states that if any person is near any machinery in the factory during the working hours, then
he will be considered as a worker of the factory. This provision does not apply in the case when a person
is near any machinery during the intervals.
 PART- B

Answer one full question from each module

(One full question carries 16 marks)

1. Discuss the provisions related to hazardous industries in Factories Act /Rules [16 marks]

Provisions related Hazardous Processes Under Factories Act, 1948

Section 41A: Constitution of Site Appraisal Committees

This section states that the factory should appoint a ‘Site Appraisal Committee’ consisting. This
committee will be responsible for suggesting the location of the factory which includes hazardous
process. This committee will include:
(a) The Chief Inspector of the State
(b) A representative of the Central Board for the Prevention and Control of Water Pollution
(c) A representative of the Department of Environment in the State
(d) A representative of the Meteorological Department of the Government of India
(e) An expert in the field of occupational health
(f) A representative of the Town Planning Department of the State Government

Note: The Site Appraisal Committee shall have the power to call for any information from the person
making an application for the establishment or expansion of a factory involving a hazardous process

Section 41B: Compulsory disclosure of information by the occupier

This section states:
• Firstly, the occupier of every factory involving a hazardous process shall disclose in the prescribed
manner all information regarding dangers and the measures to overcome the same.
• Secondly, the occupier shall, at the time of registering the factory lay down a detailed policy with
respect to the health and safety of the workers
• Thirdly, the information should be completely accurate
• Lastly, every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency
plan. He should also draw up detailed disaster control measures for his factory.
Moreover, the factory should announce it to all the workers and the public in general.

Section 41C: Specific responsibility of the occupier in relation to hazardous processes

This section states that every occupier of a factory involving any hazardous process should:
• accurately maintain the health and medical records of all the workers in a factory. It is mainly for those
workers who are working in the manufacturing of toxic or harmful substances.
• appoint persons who possess qualifications and experience in handling hazardous substances. They
should also be competent to supervise such handling within the factory.
Moreover, they should provide all the necessary facilities for protecting the workers in the manner
prescribed.
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.
• provide for medical examination of every worker before assigning any production task involving
hazardous substance.
 Section 41D: Power of Central Government to appoint an Inquiry Committee
• This section states that The Central Government in some extraordinary situations may appoint an
Inquiry Committee for a factory manufacturing hazardous material.
• They inquire into the standards of health and safety observed in the factory. They do so to find out the
causes of any failure or neglect in the adoption of all measures or standards.
• Moreover, the committee should consist of a Chairman and two other members. The Central
Government determines the tenure of the members. Also, the recommendations of the
Committee shall be advisory in nature.

Section 41E: Emergency standards

This section states that in certain cases when The Central Government thinks that the factory is unable
to apply certain security measures then it is allowed to direct the Director-in-charge of the factory to
implement the measures or standards on an immediate basis. This mainly applies to factories involving
the production of hazardous substances.

Section 41F: Permissible limits of exposure of chemical and toxic substances

This section states:
• Firstly, the maximum permissible threshold limits of exposure of chemical substances should be as per
Schedule Two.
• Secondly, the Central Government may, at any time, for the purpose of giving effect to any scientific
proof may make suitable changes in the said Schedule.

Section 41G: Workers’ participation in safety management

This section states that the occupier shall, in every factory where a hazardous process takes place,
should set up a Safety Committee. This safety will comprise an equal number of representatives of
workers and management.
It is mainly formed to promote co-operation between the workers and the management in maintaining
safety and perfect health at work.

2. (a) Explain the provisions related to working on or near machinery in motion [ 8 marks ]

(1) Where in any factory it becomes necessary to examine any part of machinery Page | 17
referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry
out-
(a) In a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other
adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or
lubrication or other adjusting operation, (a) such worker shall not handle a belt at a moving pulley
unless- (i) the belt is not more than fifteen centimetres in width;
(ii) The pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel(in which
case a belt is not permissible);
(iii) The belt joint is either laced or flush with the belt;
(iv) The belt, including the joint and the pulley rim, are in good repair;
(v) There is reasonable clearance between the pulley and any fixed plant or structure;
(vi) Secure foothold and, where necessary, secure handhold, are provided for the operator; and
 (vii) Any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed
or is firmly held by a second person;

(b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set
screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other
toothed or friction gearing in motion with which such worker would otherwise be liable to come into
contact, shall be securely fenced to prevent such contact. (2) No woman or young person shall be
allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while
the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any
machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to
risk of injury from any moving part either of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the Official Gazette, prohibit, in any specified factory
or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts
of machinery when those parts are in motion.

(b) Discuss the constitution and functions of Safety Committees [8 marks]

SAFETY COMMITTEE-
Constitution
The representatives of the management on Safety Committee shall include –
(a) A senior official, who by his position in the organization can contribute effectively to the functioning
of the committee, shall be the Chairman;
(b) A Safety Officer and a Factory Medical Officer wherever available and the Safety Officer in such a
case shall be the Secretary of the Committee.
(c) A representative each from the production, maintenance and purchase departments.
(3) The workers ‘representatives on this Committee shall be elected by the workers

Functions
 assisting and co-operating with the management in achieving the aims and objectives outlined
in the ‘Health and Safety Policy’ of the occupier;
 dealing with all matters concerning health, safety and environment and to arrive at practicable
solutions to problems encountered;
 creating safety awareness amongst all workers;
 undertaking educational, training and promotional activities;
 discussing reports on safety, environmental and occupational health surveys, safety audits, risk
assessment, emergency and disaster management plans and implementation of the
recommendations made in the reports;
 carrying out health and safety surveys and identifying causes of accidents;
 Looking into any complaint made on the likelihood of an imminent danger to the safety and
health of the workers and suggesting corrective measures; and reviewing the implementation of
the recommendations made by it.

3. (a) Explain the provisions related to Pressure vessels and plants [ 8 marks ]

As per Section 31 in The Factories Act, 1948

Pressure plant.—1[

(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric
pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or
part is not exceeded

(2) The State Government may make rules providing for the examination and testing of any plant or machinery in
any factory or class or description of factories.

As per Rule 74 of the Kerala State Factories Rules

(1) Design and construction: Every pressure vessel or plant used in factory- (a) shall be properly designed on sound
engineering practice; (b) shall be of good construction, sound material, adequate strength and free from any patent
defects ; and (c) shall be properly maintained in a safe condition

(2) Safety Devices.- Every pressure vessel shall be fitted with- (a) a suitable safety valve or other effective pressure
relieving device of adequate capacity (b) suitable pressure gauge with a dial range not less than 1.5. times the
maximum permissible working pressure (c) a suitable nipple and globe connected for the exclusive purpose of
attaching a test pressure gauge (d) a suitable stop valve or valves by which the pressure vessel may be isolated from
other pressure vessels or plant or source of supply of pressure. (e) a suitable drain cock or valve at the lowest part of
the pressure vessel for the discharge of the liquid or other substances that may collect in the pressure vessel :

(3) (Pressure Reducing Devices (a) Every pressure vessel which is designed for a working pressure less than the
pressure at the source of supply shall be fitted with suitable pressure reducing valve or other suitable automatic
device to prevent the maximum permissible working pressure of the pressure vessel being exceeded. (b) To further
protect the pressure vessel in the event of failure of the reducing valve or device, at least one safety valve having a
capacity sufficient to release all the steam, vapour or gas without undue pressure rise.

(4) Pressure vessel or plant being taking into use a) No new pressure vessel or plant shall be taken into use in any
factory after coming into force of this rule unless it has been hydrostatically tested by a competent person at a
pressure at least 1.3 times the design pressure. (b) No pressure vessel or plant shall be used in a factory unless there
has been obtained from the maker of the pressure vessel or plant or from the competent person a certificate
specifying the design pressure or maximum permissible working pressure

(5) In service test and examinations.-Every pressure vessel or plant in service shall be thoroughly examined by a
competent person. (a) Externally, once in every period of six months (b) internally, once in every period if twelve
months. (c) Hydrostatically tested once in every period of four years;

(6) Thin walled pressure vessel or plant (a) In respect of any pressure vessel or plant of thin walls such as sizing
cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure shall be
reduced at the rate of five percent of the original maximum permissible working pressure for every year of its use
after the first five years.(b) If any information as to the date of construction, thickness of walls, or maximum
permissible working pressure is not available the age of such pressure vessel or plant shall be determined by the
competent person in consultation with the Chief Inspector(c) Every new and second hand pressure vessel or plant of
thick wall to which repairs likely to affect its strength or safety have been carried out, shall be tested before use to at
least 1.5 times maximum permissible working pressure

(4) Report by Competent person – (a) If during any examination any doubt arises as to the ability of the pressure
vessel or plant to work safely until the next prescribed examination, the competent person shall enter in the
prescribed register his observations, findings and conclusions.(b) (b) A report of the result of every examination or
test carried out shall be completed in the prescribed Form No.8 and shall be signed by the person making the
examination or test, (c) (c) Where the report of any examination under this rule specified any condition for securing
the safe working of any pressure vessel or plant, the pressure vessel or plant shall not be used unless the specified
condition is fulfilled (d) (d) The competent person making report of any examination under this rule, shall within
seven days of the completion of the examination, sent to the Inspector a copy of the report in every case where the
maximum permissible working pressure is reduced

(b) Discuss the important provisions related to Health in Factories Act [8 marks]

The main focus of Factories Act is towards the Health benefits to the workers. Health Chapter III of the
Act contains specification from Section 11 to 20. Detailed information of the sections of is provided as
under:
Section 11: Cleanliness.
This section basically specifies the issues of cleanliness at the workplace. It is mentioned in the provision
that every factory shall be kept clean and free from effluvia arising from any drain, privy or other
nuisance. This includes that there should be no accumulation of dirt and refuse and should be removed
daily and entire area should be kept clean.

Section 12: Disposal of wastes and effluents

This section specifies on disposal of wastes and effluents. That every factory should make effective
arrangements for the treatment of wastes and effluents due to the manufacturing process carried on
therein, so as to render them innocuous and for their disposal.

Section 13: Ventilation and temperature

This section focuses on ventilation and temperature maintenance at workplace. Every factory should
work on proper arrangements for adequate ventilation and circulation of fresh air.

Section 14: Dust and fume

This section details on the proper exhaustion of dust and fume in the Factory. In this it is mentioned
that factory which deals on manufacturing process should take care of the proper exhaustion of dust,
fume and other impurities from its origin point.

Section 15: Artificial humidification

This section specifies regarding the artificial humidification in factories. In this the humidity level of air
in factories are artificially increased as per the provision prescribed by the State Government.

Section 16: Overcrowding.

Overcrowding is also an important issue which is specified in this section. In this it is mentioned that no
room in the factory shall be overcrowded to an extent that can be injurious to the health of workers
employed herein.
 Section: 17 Lighting.
(1) 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 18: Drinking water.

This section specifies regarding arrangements for sufficient and pure drinking water for the workers.
There are also some specified provisions for suitable point for drinking water supply. As in that drinking
water point should not be within 6 meters range of any washing place, urinal, latrine, spittoon, open
drainage carrying effluents. In addition to this a factory where there are more than
250 workers provisions for cooling drinking water during hot temperature should be made.

Section 19: Latrines and urinals.

This section provides details relating to urinals and latrine construction at factories. It mentions that in
every factory there should be sufficient accommodation for urinals which should be provided at
conveniently situated place. It should be kept clean and maintained. There is provision to provide
separate urinals for both male and female workers.

Section 20: Spittoons.

This section specifies regarding proper arrangements of spittoons in the factory. It is mentioned that in
every factory there should be sufficient number of spittoons situated at convenient places and should
be properly maintained and cleaned and kept in hygienic condition.

4. Discuss the constitution and functions of Site Appraisal Committee [16 marks]

As per Section 41A: Constitution of Site Appraisal Committees

This section states that the factory should appoint a ‘Site Appraisal Committee’ consisting. This
committee will be responsible for suggesting the location of the factory which includes hazardous
process. This committee will include:
(a) the Chief Inspector of the State who shall be the chairman
(b) a representative of the Central Board for the Prevention and Control of Water Pollution
(c) a representative of the Central Board for the Prevention and Control of Air Pollution
(d) a representative of the State Board appointed under section 4 of the Water
(Prevention and Control of Pollution)
e) a representative of the State Board appointed under section 4 of the Water
(Prevention and Control of Pollution)
f) a representative of the Department of Environment in the State
g) a representative of the Meteorological Department of the Government of India
h) an expert in the field of occupational health
i) a representative of the Town Planning Department of the State Government

Functions of Site Appraisal Committee

(a) The Site Appraisal Committee shall examine an application for the establishment of a factory
involving hazardous process and make its recommendation to the State Government within a period of
ninety days of the receipt of such applications in the prescribed form.
(b) Where any process relates to a factory owned or controlled by the Central Government or to a
corporation or a company owned or controlled by the Central Government, the State Government shall
co- opt in the Site Appraisal Committee a representative nominated by the Central Government as a
member of that Committee.
 (d) The Site Appraisal Committee shall have power to call for any information from the
person making an application for the establishment or expansion of a factory involving a hazardous
process. other steps for formulating its views in regard to the suitability of the site;
(f) Where the State Government has granted approval to an application for the establishment or
expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to
obtain a further approval from the Central Board or the State Board established under the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of
Pollution) A Act 1981 (14 of 1981).

5. Explain the important provisions related Safety in Factories Act and Rules [ 16 marks ]

Chapter IV of the Act contains provisions relating to safety. These are discussed below:
(i) Fencing of machinery
Fencing of machinery in use or in motion is obligatory under Section 21

This section states that the factory should fence the following machinery or substantial construction and
maintain them in the right position:

(a) every moving part of a prime-mover and every flywheel, whether the prime-mover or flywheel is in
the engine-house or not.
(b) the headrace and tailrace of every water-wheel and water-turbine.
(c) any part of a stock bar which projects beyond the headstock of a lathe.
(d) every part of an electric generator, a motor or rotary converter.
(e) every part of transmission machinery.
(f) every dangerous part of any other machinery.
Section 22: Work on or Near Machinery in Motion
This section states:
(a) Firstly, whenever machinery is in motion and it becomes necessary to do the inspection,
lubrication, repairs, etc., the factory should appoint a specially trained expert man, wearing tight-fitting
clothes to do the job.
Moreover, such worker shall not handle a belt at a moving pulley unless:
1. the belt is not more than fifteen centimetres in width
2. the belt, including the joint and the pulley rim, is in good repair
3. there is reasonable clearance between the pulley and any fixed plant or structure
4. the pulley is normally for the purpose of the drive
(b) Secondly, the factory owners should not allow any woman or young person to clean, lubricate or
adjust any part of a prime-mover or of any transmission machinery while prime-mover or transmission
machinery is in motion.
Section 23: Employment on Dangerous Machines
This section states that the factory owners or managers cannot allow any worker to work any machine
without instructing him/her about the dangerous outcomes and the relevant precautions. Moreover,
before the appointment, the manager has to see that the worker has relevant skills and knowledge to
work on the machinery.
Section 24: Devices for Cutting off Power
This section states:
(a) In every factory, there should be suitable devices for cutting off power in emergencies from running
machinery in all the workrooms. In the case of factories which do not belong to this Act have to just do
the arrangements in the workroom in which electricity is used to generate power.
(b) The factory should provide and maintain suitable striking gear or other efficient mechanical

appliance to move driving belts.

(c) Driving belts when not in use shall not be allowed to rest.
Section 25: Self-Acting Machinery
This section states that no factory should allow any traversing part of a self-acting machine in any
factory to run within a distance of forty-five centimetres from any fixed structure which is not part of
the machine.
Section 26: Casing of New Machinery
In all machinery driven by power and installed in any factory after the commencement of this Act,-
(a) every set screw, bolt or key on any revolving shaft, spindle, wheel shall be so sunk, encased or
otherwise effectively guarded as to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment
while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it
were completely encased.
Special Point:
The State Government may make rules specifying further safeguards to be provided in respect of any
other
dangerous part of any particular machine or class or description of machines.
Section 27: Prohibition of Employment of Women and Children Near Cotton-Openers
This section states that the factory should not employ any woman or child in any part of a factory for
pressing cotton in which a cotton-opener is at work.
Section 28 Hoists and lifts
In every factory—
(a) every hoist and lift shall be—
(i) of good mechanical construction, sound material and adequate strength;
(ii) properly maintained, and shall be thoroughly examined by a competent person at least once in
every period of six months, and a register shall be kept containing the prescribed particulars of every
such examination;
Section-29 Lifting machines, chains, ropes and lifting tackles.—
(1) In any factory the following provisions shall be complied with in respect of every lifting machine
(other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or
lowering persons, goods or materials:—
(a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every
chain, rope or lifting tackle shall be—of good construction, sound material and adequate strength and free from
defects;(ii) properly maintained; and(iii) thoroughly examined by a competent person at least once in every period
of twelve months

Section-30: Revolving machinery.—

(1) 1[In every factory] in which the process of grinding is carried on there shall be permanently affixed
to or placed near each machine in use a notice indicating the maximum safe working peripheral speed
of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is
mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe
working peripheral speed
Section -31: Pressure plant.—1[
(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure above
atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of
such plant or machinery or part is not exceeded
 Section-32: 32. Floors, stairs and means of access.—In every factory—
(a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly
maintained
[and shall be kept free from obstructions and substances likely to cause persons to slip],
and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided
with substantial handrails;
65
Section-33: Pits, sumps openings in floors, etc.—
(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by
reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either
securely covered or securely fenced.
Section-34: 34. Excessive weights.—
(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely
to cause him injury.
Section-35: 35. Protection of eyes.—In respect of any such manufacturing process carried on in any
factory as may be prescribed, being a process which involves—
(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or
Section-36: [36. Precautions against dangerous fumes, gases, etc.—
(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other
confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an
extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of
adequate size or other effective means of egress.

Section-37 : Explosive or inflammable dust, gas, etc.—

(1) 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 measure shall be
taken to prevent any such explosion by—
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.
Section-38 : Precautions in case of fire.—
(1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread,
both internally and externally, and to provide and maintain—
(a) safe means of escape for all persons in the event of a fire, and
(b) the necessary equipment and facilities for extinguishing fire.
Section-39 : 39. 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 1[the occupier or manager or both] of the factory an order in writing requiring him before a specified
date—
(a) to furnish such drawings, specifications and other particulars as may be necessary to determine
whether such building, ways, machinery or plant can be used with safety, or
(b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector
of the results thereof.
Section-40 : Safety of buildings and machinery.—
(1) 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 is dangerous to human life or safety, he
may serve on 1[the occupier or manager or both] of the factory an order in writing specifying the
 measures which in his opinion should be adopted, and requiring them to be carried out before a
specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or any part of the
ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve
on 1[the occupier or manager or both] of the factory an order in writing prohibiting its use until it has
been properly repaired or altered.
Section-40 A: 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-40 B - Safety Officers.—

(1) In every factory,—(i) wherein one thousand or more workers are ordinarily employed, or(ii) wherein, in the
opinion of the State Government, any manufacturing process or operation is carried on, which process or operation
involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the
factory, the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ
such number of Safety Officers as may be specified in that notification.

6.(a)Discuss the provisions related to Lifting tackles and Chains [ 8 marks ]

(1) In any factory the following provisions shall be complied with in respect of every lifting machine
(other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or
lowering persons, goods or materials:-
(a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every
chain, rope or lifting tackle shall be(i) of good construction, sound material and adequate strength
and free from defects;
(ii) properly maintained; and (iii) thoroughly examined by a competent person at least once in every
period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register
shall be kept containing the prescribed particulars of every such examination;
(b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded
beyond the safe working load which shall be plainly marked thereon together with an identification
mark and duly entered in the prescribed register; and where this is not practicable, a table showing the
safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use shall
be displayed in prominent positions on the premises;
(c) while any person is employed or working on or near the wheel track of a travelling crane in any
place where he would be liable to be struck by the crane, effective measures shall be taken to ensure
that the crane does not approach within six months of that place
2) The State Government may make rules in respect of any lifting machine or any chain, rope or lifting
tackle used in factories-
(a) prescribing further requirements to be complied with in addition to those set out in this section;
(b) providing for exemption from compliance with all or any of the requirements of this section, where
in its opinion, such compliance is unnecessary or impracticable.
 (3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to
have been thoroughly examined if a visual examination supplemented, if necessary, by other means and
by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in
order to arrive at a reliable conclusion as to the safety of the parts examined.

(b) Discuss the important provisions related to Hoists and Lifts [ 8 marks ]

(1) In every factory-

(a) every hoist and lift shall be—
(i) of good mechanical construction, sound material and adequate strength:
(ii) properly maintained, and shall be thoroughly examined by a competent person at least once in
every period of six months, and a register shall be kept containing the prescribed particulars of every
such examination;
(b) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the
hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from
being trapped between any part of the hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater
than such 23 load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from
which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient
device to secure that the gate cannot be opened except when the cage is at the landing and that the
cage cannot be moved unless the gate is closed.

(2) The following additional requirements shall apply to hoists and lifts used for carrying persons and
installed or reconstructed in a factory after the commencement of this Act, namely:-
(b) efficient devices shall be provided and maintained capable of supporting the cage together with its
maximum load in the event of breakage of the ropes, chains or attachments;
(c) an efficient automatic device shall be provided and maintained to prevent the cage from overrunning.

(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory before the
commencement of this Act which does not fully comply with the provisions of sub-section (1) upon
such conditions for ensuring safety as he may think fit to impose.

(4) The State Government may, if in respect of any class or description of hoist or lift, it is of opinion
that it would be unreasonable to enforce any requirement of sub-
sections (1) and (2), by order direct that such requirement shall not apply to such class or description
of hoist or lift.