Subject name & Code:

Occupational Safety & Health Legislation (28126)

1)What are the Duties of Occupier under Factories Act 1948?

Obtain License for the Establishment of Factory
Serve Notice to the Chief Inspector for the Permission of Factory
Act as a Manager of the Factory
Maintain and Provide the Plant and Systems of Work
Make Adequate Arrangements in the Factory to ensure Safety.
Provide Training to the Workers
Maintain a Safe and Healthy Working Condition
Formulate a Policy for the Factory
Appoint Safety Officer
Disclose Compulsory Information
Fulfil the Specific Responsibility regarding hazardous Process
Set up a Safety Committee
Take Remedial action in case of Danger.
Provide the Welfare Activities
Formulate a Scheme for Annual Leave with Wages
Conduct Occupation and Heath Survey

2)What provisions is available for health in FA 1948?

Section 11 Cleanliness
Every factory must be free and clean from effluvia which arises from the drain, privy or other nuisance.
There is also a need to remember certain things like-.
Passage, floor, staircases clean regularly and the benches of the workroom were also made clean. All
accumulation of dirt must be clean by sweeping or to adopt any other method as well. All dirt must be
disposed of in a prescribed manner.
Once a week the floor must be cleaned by some disinfectant or use any other effective method.
The manufacturing process is like that which wet the floor then the drainage system must be adopted to
dry it or certain other methods were also used to clean it.
There are certain other provisions regarding walls, partition, top of a room or ceiling. All sides of walls,
passages, and staircases shall be-
The walls must be repainted or if they are painted with washable paint then do that in once a five year.
The walls are one a coat every three years and if they are washable then wash the wall every six months.
If they are smooth enough then clean the walls every fourteen-months as the method prescribes.
If the wall is painted with whitewash or color wash then for cleaning do that whitewash and color wash
every fourteen months.
All doors painting and if they are made for wood then varnishing must be done at least every five years.
The date is also registered in which the process of painting, washing, varnishing, and cleaning is done.
The occupier is not able sometimes to follow all the above provisions so the state government wants to
exempt any factory, class of factory or description of the factory. But also provide the alternative method
to clean the factory.
Section 12 Disposal of Wastes and effluents
The factory must adopt proper methods to dispose of the waste or effluents so they do not harm anyone.
The state government also provides the method for disposing of waste or effluents.
Section13 Ventilation and temperature
To maintain proper ventilation and temperature-
Infrastructure made just like that fresh air comes and dust air is removed automatically.
That method is adopted by the factory so that the temperature is maintained.
The state government provides different temperatures for a different industry. The temperature must not
increase to that level.
If the chief inspector sees that temperature is high in the factory then the chief inspector has given notice
to the occupier to maintain the temperature and adopt certain measures for that.
Section 14 Dust and Fume
Dust and fumes are dangerous for the health of employees then the employer has to maintain the balance.
The internal combustion engine is not started until there is no proper ventilation in the factory.
Proper exhaust appliances must be used by the factory otherwise it has an injurious effect on workers. It
also caused cancer and tuberculosis.
Section 15 Artificial humidification
In manufacturing, process humidity is maintained by the employer to adopt the various method. It will be a
must to maintain the temperature of that area where workers are working. If to maintain a humidity water
cooler is used then the employer must make it clean. If air and water are used to maintain the temperature
then it will be taken from a public supply or another source of drinking water. Water is used for increasing
humidity then it will be purified. If the inspector realizes that water used to maintain humidity is nit
purified then be given the notice to the manager of the factory and also specifies the method of water
purification.
Section 16 Overcrowding
No workroom of the factory is overcrowded because it was injurious to the health of workers. If a factory is
established before the commencement of this Act then the distance between workers is 9.9 cubic meters,
but if a factory is established after the commencement of this Act then the distance between two workers
is 14.2 cubic meters. The floor of the room is high at 4.2 meters.
If the chief inspector notifies how many workers are working in a workroom then-employer follows the
order of the chief inspector. The chief inspector has given notice in writing to exempt that part then the
exemption is provided if the chief inspector is satisfied there is no issue related to workmen working in less
distance.
Section 17 Lighting
In the factory, proper light is provided to the workers. If proper light is not provided to workers then it
causes a bad effect on the eyes of workers and due to its various dangerous diseases are caused to the
worker.Glass and titles reflect light then it harms the eyes of the worker then these types of titles must be
removed. In passage and staircases provide proper light. The state government made rules related to
lighting and implemented it accordingly.
Section 18 Drinking Water
To provide proper facilities for drinking water. Drinking water is a must condition. In writing it was
mentioned that drinking water is provided here and this was written in that language which is used by the
majority of the workers. It was on that font size visible to all the workers. Drinking water distance 6m form
other washing places like latrine and urinal facility, drainage, spittoon. The state government has the
power to shorten the distance. In a factory more than 25o workers are working then according to whether
drinking water is provided in summer cold drinking water is provided to the workers.
Section 19 Latrines and urinals
It is a general facility of latrines and urinals. This facility is provided to workers.
For males and females, different facilities of latrines and urinals are provided in a factory.
In latrines and urinals proper facility of light and ventilation is provided.
Cleaning and sanitary properly maintained in latrines and urinals.
The sweeper is hired by an employer whose duty is to clean the place of latrine and urine regularly.
If any factory where more than 250 workers are working then a certain facility is provided to the
employees of the worker.
The internal walls of the floor of the urinal and latrine are nine centimeters. If the partition is used
between the washroom of male and female then the partition must have glazed tiles. The smooth polished
surface is used in latrine and urinals.
The state government prescribes the number of urinals and latrines in a factory. The employer’s duty to
maintain sanitary conditions in the factory and also take care of the health of workers.
Section 20 Spittoons
To place the spittoons in the factory according to the convenient number. It must place in a clean and
hygienic condition. The state government makes rules related to spittoons and also makes rules regarding
it. If spittoons in a factory then no person spits in any other place. Spittoons can be washed daily by
disinfectant. If anyone breaks the rule of spittoons then punishment is not exceeding rupees 5.
3)List out different sections related to welfare from FA 1948
Section 42: Washing facilities
This section states that every factory should:
(a) Firstly, provide and maintain adequate and suitable facilities for washing for all the workers in the
factory
(b) Secondly, provide separate and adequately screened facilities separately for men and women.
(c) Thirdly, make accessible all the facilities to all the workers
Section 43: Facilities for storing and drying clothes
This section contests some powers with the State Government. It states that the State Government has the
powers to direct the factories regarding the place of storing the clothes of the workers.
Moreover, they can also direct them regarding the manner of drying the clothes of the workers. It applies
to the situation when workers are not wearing their working clothes.
Browse more Topics under The Factories Act
Factories Act Definitions
Allied provisions
Health Measures
Safety Measures
Provisions relating to Hazardous Processes
Working Hours
Penalties
Learn more about Health Measures and Safety Provisions in Factories Act, 1948 here in detail
Section 44: Facilities for sitting
There are various kinds of jobs in a factory. Some of them require the workers to stand for a longer period
of time. There is no doubt that human power to stand has limits. Looking at such case, this section states:
(a) Firstly, the factory should provide suitable arrangements for sitting for the workers. This is important
because whenever the worker gets some free time, he/she may be able to take some rest by sitting. This
will also enhance their efficiency.
(b) Secondly, if the Chief Inspector finds that any worker can do his work more efficiently while sitting, then
he can direct the factory officials to arrange sitting arrangements for him.
Section 45: First-aid-appliance
Injuries are somehow an inescapable part of life for the workers especially working in the factories.
Looking at the safety and welfare of the workers this section provides that:
(a) The factory should provide and maintain proper first-aid boxes at every workroom. Under this Act, the
number of boxes should not be less than one for every 100 or 50 workers. Moreover, the first-aid boxes
should have all the relevant contents according to the Act.
(b) There should be nothing except the prescribed contents in a first-aid box.
(c) Each box should be under control of a first-aid in-charge who will handle all its requirements and its
utilization. The in-charge should be an expert in First-aid field.
(d) In case the number of workers exceeds 500, then the factory should arrange an ‘Ambulance Room’ with
the availability of all necessary equipment.
Section 46: Canteens
This section states:
(a) Every factory where the number of workers exceeds 250, then the State Government may direct the
factory owners to provide and maintain a canteen for the workers.
(b) Moreover, the government may lay down certain conditions in the construction of canteen, like:
1. the standard in respect of construction, accommodation, furniture and other equipment of the canteen
2. the foodstuffs to be served therein
3. the date by which such canteen shall be provided
4. the constitution of a managing committee for the canteen
5. the delegation to Chief Inspector subject to such conditions as may be prescribed
Section 47: Shelters, rest-rooms, and lunch-rooms
This section states:
(a) If the number of workers in a factory crosses 150, then the factory owners should construct and
maintain shelters, rest-rooms and lunch rooms for the workers. It allows the workers to eat the food which
they bring along with them.
(b) The shelters, rest-rooms and lunch rooms should be properly ventilated and lighted.
(c) The State Government may prescribe the standards, in respect of construction accommodation,
furniture, and other equipment.
Section 48: Creches
Due to workforce diversity nowadays, women’s participation is increasing in all the sectors especially the
industrial sector.
One of the factors that stop women to work in factories or any other sector is lack of care for their children
during their working hours. In order to solve this problem and increase the engagement of women in
factories,section 48 states:
(a) Where numbers of women workers exceed 30, then the factory should arrange a special room for the
worker’s kids who are below the age of 6 years.
(b) The room should be properly lighted and ventilated