Block 1 MBDBDB

MIS – 022
Industrial Safety:
Indira Gandhi
National Open University
Rules and Acts
School of Engineering & Technology
Unit Name Page No
BLOCK 1 INDUSTRIAL ACTS AND LAWS 7

UNIT 1 Introduction to Industrial Acts and Laws 11
UNIT 2 Duties and Responsibilities of Occupier and 51
Factory Manager
UNIT 3 Licensing and Registrations 88
UNIT 4 Provision of Welfare under Factory Act 1948 123
BLOCK 2 LIABILITIES AND RESPONSIBILITIES 159
UNIT 5 Liabilities and Occupiers 165

UNIT 6 Provision Relating to Hazardous Processes 187
UNIT 7 General Penalty for Offences 226
UNIT 8 Cases Studies 247
GUIDANCE
Prof. Nageshwar Rao Prof. Satyakam Prof. Ashish Agarwal
Vice-Chancellor, IGNOU PVC, IGNOU Director, SOET, IGNOU
COURSE CURRICULUM DESIGN AND DEVELOPMENT COMMITTEE
Dr. S. Sarkar, Mr. Sudipta Chakarvarty,
GM (Retd.), GAIL, Noida Project Officer, TCS
Prof. Sagar Maji, Prof. Subhasis Maji
Director, GBP Engg. college, Director, School of Engg. & Tech.
New Delhi IGNOU, New Delhi
Mr. G. P. Kumawat, Prof. P Srinivas Kumar
GM, IPGCL, New Delhi Professor in Civil Engineering, School of Engg. &
Tech., IGNOU, New Delhi
Mr. P.K. Varshaneya, Prof. Manoj Kulshrestha
Executive Director, Professor in Civil Engineering, School of Engg. &
Maruti Udyog, Gurugram Tech., IGNOU, New Delhi
Col. P.K. Dutta, Prof. Ashish Agarwal

Ex Director, SOHS, Professor in Mechanical Engineering
IGNOU, New Delhi School of Engg. & Tech., IGNOU, New Delhi
Mr. S.A. Khader, Prof. N Venkateshwarlu
Adviser, WCPD, New Delhi Professor in Mechanical Engineering
School of Engg. & Tech., IGNOU, New Delhi
Mr. Deo Jha, Dr. Sanjay Agrawal
IOCL (Retired), New Delhi Associate Professor in Electrical Engineering,
School of Engg. & Tech., IGNOU, New Delhi
Prof. S. Mukherjee,
Director, KIET Ghazibad
Programme Coordinator Course Coordinator
Dr. Sanjay Agrawal Prof. K. Tamil Manan
School of Engg. & Tech., School of Engg. & Tech.,
IGNOU, New Delhi IGNOU, New Delhi
BLOCK PREPARATION TEAM
Units Written by Content Editor Language & Format Block Coordinator
Editing
Prof. N.V.S Raju Block 1 Block 1 Prof. Subhasis Maji
(Unit - 1, 2, 3 & 4) Mr. Sumit Chkrabarty Prof. Subhasis Maji SOET, IGNOU
Deputy Director, School of Engg. & New Delhi
Professor of Mechanical
Steel Authority of India Tech., IGNOU
Engineering
JNTUH College of
Engineering Nahupally
(Kondagattu), Kodimyal
Mandal, Jagtial Dist.
Telangana
Dr. R. Ram Senthil Block 2 Block 2 Prof. K Tamil Mannan
(Unit - 5,6,7 & 8) Prof. K Tamil Prof. K Tamil Man SOET, IGNOU
Mannan New Delhi
Associate Professor,
School of Engg. & Tech., School of Engg. &
Department of Chemical
IGNOU Tech., IGNOU
Engineering
Annamalai Universiy
Annamalai nagar –
608002, Tamil Nadu
PRODUCTION
Tilak Raj
MPDD, IGNOU, New Delhi
January, 2022
©Indira Gandhi National Open University, 2022
ISBN - 978-93-5568-278-9
All rights reserved No part of this work may be reproduced in any from, by mimeograph or
any other means, without permission is writing from the Indira Gandhi National Open
University.
Further Information on the Indira Gandhi National Open University courses may be
obtained from the University’s office at Maidan Garhi, New Delhi-110068.
Printed and publish on behalf of the School of Engineering & Technology, Indira Gandhi
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INTRODUCTION TO INDUSTRIAL SAFETY
MANAGEMENT
Safety is the protection of people from physical injury. Any work fields,
whether it may be a small scale industry, construction site or a department
that employs huge mechanical equipment and machineries can be considered
as industrial areas which should follow safe working practices. Hale and
Hoyden have defined three ages of safety thinking. According to his
philosophy, each age indicates the understanding of root causes of the
incidents and how the things may go wrong.
Safety is the protection of people from physical injury. Any work fields,
whether it may be a small scale industry, construction site or a department
that employs huge mechanical equipment and machineries can be considered
as industrial areas which should follow safe working practices. Hale and
Hoyden have defined three ages of safety thinking. According to his
philosophy, each age indicates the understanding of root causes of the
incidents and how the things may go wrong.
INDUSTRIAL SAFETY: RULES AND ACTS

Industrial safety deals with the areas of safety engineering and public health
that are concerned with the protection of workers’ health, through control of
the work environment to reduce or eliminate hazards. Industrial accidents and
unsafe working conditions can result in temporary or permanent injury,
illness, or even death. They also impact on reduced efficiency and loss of
productivity. On the one hand accidents cause injury to the worker and
agony to his family and on the other hand, they cause mental tension and
financial burden to the owner.
The cost of accident is very expensive. The economic cost is not the only
criteria for taking safety measures. Actually there are several reasons for
safety considerations.
1. Humanitarian reasons. The sufferings and agony undergone by the
injured worker and his family members is difficult to quantify in
economic terms. Thus accidents should be prevented more on human
considerations.
2. Economic reasons. The accidents have their own costs, which include
direct and indirect cost.
3. Organizational image. Good safety measure record boosts the morals of
the workers resulting in higher productivity and better loyalty of the
workers to the organization. Good safety measures will also enhance the
public image of the organization.
4. Laws and Regulation. The employer has to adhere to the laws and
regulations laid down by the Government for the employees. The
violation of these laws and regulation will attract punishment to the
employer.
In this course, you will be introduced to all acts and laws related to electrical,
mechanical, transportation of fluid and handling & storage of hazardous
chemical. We shall also discuss about the Factory Act 1948, duties and
responsibilities of occupier and factory manager. This course also covers the
factory licensing and registration of factory under Factory Act 1948, and
provision of safety officer as per factory act. You will also learn about the
general duties of manufacturers, design of product and process, provision of
working hours , liability of owner of premises, specific responsibility of the
occupier in relation to hazardous processes, and, right of workers to warn
about imminent danger. This course also discuses the provision of welfare
under factory act 1948, provision of health of factory act, and power press
regulation.
This course Industrial Safety : Rules and Acts comprises of two blocks.
Block 1 deals with the introduction of Industrial Acts and Laws. Liabilities
and responsibilities of various officers in an industrial organization have been
discussed in Block 2.
Last but not the least, there are several case studies have been discussed for
better under standing of the courses.
BLOCK 1
INDUSTRIAL ACTS AND LAWS
MIS – 022
Industrial Safety:
Indira Gandhi
National Open University
Rules and Acts
School of Engineering & Technology
Block
1
INDUSTRIAL ACTS AND LAWS
UNIT 1
Introduction to Industrial Acts and Laws 11
UNIT 2
Duties and Responsibilities of Occupier and Factory Manager 51
UNIT 3
Licensing and Registrations 89
UNIT 4
Provision of Welfare under Factory Act 1948 123
BLOCK 1 INTRODUCTION TO
INDUSTRIAL SAFETY
With the growth and development of technology, economy and advent of
various multinationals, it has become difficult to understand various legal
obligations applicable to employer as well as to employees due to number of
Labour Laws. Specially, in case of construction industry which is totally
labour intensive, construction managers are needed to be equipped with latest
knowledge of various Labour Laws.
This Block is an attempt to give an overview about major provisions of
important Labour Laws to the executive and managers so as to enable them to
implement it more effectively. This block contains four units.
Unit 1 describes the importance of safety in work areas and also the
provisions made by the Indian government through various acts and laws.
The students would learn about the various acts that are embodied in the
Indian Constitution.
Unit 2 covers various jargon and history of Factories Act -1948. Students will
learn the duties and responsibilities of the occupier of the factory and the
factory manager in detail. Various activities, duties, responsibilities and
obligations of the occupier and factory manager are described as specified
under the respective sections. The provisions of health, safety and welfare of
workers under the act are discussed as they clearly indicate the bounds and
limits of the jobs of occupier and managers and prompt what to do and what
not to do.
Unit 3 focuses on approval, licensing and registration of factories in
accordance with the provisions under Section 6 of the Factories Act – 1948.
From this unit, students will come to know about the roles and duties of
inspectors and also the consequences of hiding or misinterpreting the
information, misleading and obstructing an inspector etc. The Process of
recognition for issuing license and registering factories has also been narrated
including the scrutiny, processing as well as rejection procedures of
applications. The importance of standardization and certification of the
products and processes at both national level (BIS) and international level
(ISO) are described. The advancements and an exclusive ISO Certification in
safety are discussed by introducing ISO 45001. Finally, the safety audit, audit
programs, auditor qualifications, audit activities, benefits and weaknesses are
also discussed at the end of this unit.
Unit 4 presents the origin of Factories Act – 1948 and its development in
India. Various provisions under this act are portrayed under the five
interlinked categories viz, health, safety, welfare, working hours and leaves.
Since, all these categories are connected to and involved in workers’ welfare
either directly or indirectly, these are discussed elaborately. The employment
rules for women and young persons have also been discussed clearly. The
restrictions on women employment, child labour are explained.
Introduction to Industrial
Acts and Laws
UNIT 1 INTRODUCTION TO INDUSTRIAL ACTS

AND LAWS
Structure
1.1 Introduction
Objectives
1.2 Background
1.2.1 Safety and its Bounds
1.2.2 Whose Responsibility is Safety?
1.3 Safety Engineering
1.3.1 Common Workplace Operations Requiring Safety
1.3.2 Benefits of Safety
1.4 Designing for Safety
1.5 Safety Organization
1.5.1 Safety Organization Chart
1.5.2 Industrial Safety Management
1.5.3 Safety Functions
1.6 Safety Training
1.6.1 OSHA's Voluntary Training Guidelines
1.6.2 Training Model
1.6.3 Safety Training – The Action Plan for Workplace
1.7 Safety Legislation
1.7.1 History of Safety Legislation
1.7.2 Initiatives by Government – Constitutional Rights
1.7.3 Contract and Rights - Scope of Protection
1.7.4 Employment Contracts
1.7.5 Important Safety/ Security Related Indian Legislation
1.7.6 Some Case Examples
1.8 Safety Audit
1.9 Case Study
1.10 Let Us Sum Up
1.11 Key Words
1.12 Answer to SAQ’s
1.1 INTRODUCTION
For a long time, the environment in engineering construction and
manufacturing at the factories in our country had been posing serious
challenges to almost everyone associated with the production. This was
essentially because of complex and at times even dangerous operating
practices followed at the work places in those days. As a result, many of the
factories remained perpetually vulnerable to disasters and catastrophes. Usage
of hazardous materials was also on the rise over the years. This necessitated
the engineers and the managers to search for safer manufacturing methods as
well as to develop/use safer devices, so that the risk of occurrence of unwanted
events and accidents at the factories could be reduced substantially. Otherwise ,
these unwanted events or accidents would have resulted in ill-health or
disability or even death of the workers leaving aside the serious disruptions of
production at the factory.
Though all these activities were primarily to ensure the personal protection of
the employees, which was essentially important in both engineering practices
as well as managerial functions, improved productivity was also an added
benefit of the same. It was understood that supervisory functions would be
easier if the workers follow the rules for safety, use protective equipment and
perform well defined and secured procedures and processes. Keeping all the
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Industrial Acts and Laws
protective devices available at proper places, was an important prerequisite

here.
In view of this, while the engineers need to design devices and processes that
will involve less risky methods, safer machines and avoid use of hazardous
materials, the management on the other hand will have to design an
appropriate safety policy, create a general awareness towards safety &
protection and specially monitor those engineering functions that are risky. In
addition, workers have to be provided necessary training for safety, wherever
and whenever required.
Though cost may be an important factor to be kept into consideration while
accomplishing all these, it would be prudent not to attach undue importance to
it, as the expenses incurred while improving the overall safety aspects in a
factory, would be more than recovered by reducing accidents, minimizing
disruptions in production etc. in the factory. Reducing the number of
accidents/unwanted events in any factory would also have a hugely positive
impact on the spirit and motivation level of the workers.
Objectives
After studying of this unit, you should be able to
 comprehend how safety become important in industrial practices,
 understand worker’s viewpoint towards safety and accidents,
 explain how safety is organized in large industries, and
 identify safety functions and workplace operations that need safety
precaution.
1.2 BACKGROUND
The early nineteenth century witnessed massive developments of industries
and large scale expansions in factory systems but it is most unfortunate that
safety and security were of little or no concern for the key persons of the
companies / organizations. With expansion of industrial activities, the sizes of
industries multiplied and so did the number of workers in individual industries.
The productivity of workers tremendously grew and also the product quality
was visibly controlled and improved.
However, the one area that was continuously neglected was safety of the plant
and personnel. The primary reason behind the same was the fact that the
important ones in the company did have little or no concern for human values,
health, safety and general well being of the factory workers.
The absence of concern and consciousness for safety during nineteenth century
started showing its ill-effects on the health of the industry by the beginning of
twentieth century. The adverse health effects started running out of control in
work places. The count of serious industrial accidents started increasing. It was
then, a few progressive factory managers took initiatives and addressed the
necessity of reducing the causes of rising toll of accidents, serious injuries to
workers and poor health condition in work places.
The early efforts focused on taking care of cuts and burns and broken bones of
factory workers. However, there was no specific officer or any exclusive
manager to shoulder responsibility of the industrial safety. By and large, the
responsibility was entrusted to personnel managers, maintenance foremen or
plant engineers as an additional duty. Such persons tried to evolve methods of
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Acts and Laws
safe working by providing guards on machines, shields on implements or by
making workers to use gloves, helmets and wear glasses during some specific
activity.
Sooner or later, during the early years of twentieth century, the factory
managements started recognizing the significance of appointing exclusive
officers to oversee this function. Thus the persons from the personnel or plant
engineering department were replaced by safety engineers or supervisors and
safety managers and this activity has taken a position as one of the functions of
management. Such need was felt greatly by two industry giants, viz, steel
industry and rail road establishment. Yet, the personnel made responsible to
prevent accidents were not specifically trained for the job but were chosen
from available resources based on their experience of a particular industry.
This situation lasted until 1912 when in the United States America (USA) took
the initiative to organize the USA Cooperative Safety Congress. The lead role
was assumed by the Electrical Engineers from steel industry in organizing this
conference. The congress resulted in establishment of National Safety Council
(NSC) in the USA. This body was given charter to take responsibility to look
after prevention of accidents and development of safety programmes. However,
the council could not accomplish these broad based objectives due to the onset
of First World War (1914-1918). However, in post 1920 period several safety
codes were formulated by American Standards Association.
The Second World War had caused yet another setback in safety movement in
Europe as well as in America. This period was well known for workers’ unrest
demanding higher wages, witnessed their insistence on unionizing and union
rights. There was a significant change in governments’ attitudes toward
sacrificing safety consideration at the cost of the desire to win war. The
managements also developed false opinion that safety was a nonproductive
activity. Of course, this setback was short lived and soon the attitudes of
governments and managements started focusing more on safety aspects of
industrial workers.
The industries began to evolve newer angles in safety concerns. The noise,
dust, fumes, heat, mists and radiation etc. were added to the growing lists of
hazards in industry. This further necessitated safety thinking since the
industrial activities widened very largely and scopes of industrial activities
were also expanded. The renewed list of hazards was eyed by governments
concentrating more on conducting safety programmes. The large industries
started organizing special training to their engineers. These actions enhanced
the number of suitably trained personnel in the area of industrial safety.
Eventually, new disciplines were included into safety engineering and safety
management practices in industry. Under the backdrop of safety, the themes of
these disciplines included:
 industrial hygiene,
 health dynamics,
 ergonomics and design engineering,
 illumination engineering and audiology
 industrial laws / labour legislation
 Industrial hazards and risk management
 workers’ compensation claim administration
7
Each of these fields had twin targets, the first is to safeguard workers’ health
and life and the second is to improve productivity. Large amount of research
work was carried out to spell out several safety theories and safety practices
into academic shelf filling with knowledge, experience and information. This
has now facilitated engineers and managers to specialize themselves in safety
engineering and safety management through education system. It has now
become imperative that a chief executive of an industry is equally conscious of
safety and quality. Safety, health and environmental issues have become
essential managerial functions. Today, in most of the industries, safety finds
places as one of important industrial activities along with manufacturing,
research, design and development, purchase, sales, services and profits.
1.2.1 Safety and its Bounds
In earlier days, the term safety was mainly confined to safeguarding an
employee from accidents. But today, it has been expanded greatly, covering a
much larger domain of objectives, controls and activities in the related areas.
Consequently, safety has been re-organized as a separate department in many
industries under the titles as safety engineering, safety management, protection
cell, security department etc.
This expansion of safety department in large and medium industries has started
with the following argument
“Safety alone can (should) not be the target of Safety Engineering”. True!
Because, health and general well-being of the workers are also associated with
safety.
Indeed, there are varying opinions with regard to the definition of safety. One
such argument advocates that the two are different and are to be viewed
separately, because safety is related to accidental situation while health is
related to disease causing situation. This argument encourages taking two
aspects separately. However, such is hardly the case.
Some other argument describes that safety and health are closely associated
with each other. So, safety must include worker’s health, security to his/her job
and protection of the associated assets.
These arguments obviously raise some questions in our minds, as given below:
i. What is safety? How do we define it?
ii. What about its bounds?
iii. Are safety and health related to each other (in the industrial point of
view)?
iv. If so, how are safety and health related?
v. Are safety and security connected?
vi. How are safety and security connected?
vii. If safety and security are connected, what security?
So on and so forth.
To understand the above quests, we need to consider a few examples.
 Suppose a worker has met with an accident on any part of the body.
Then, he may usually have developed number of psychological issues
associated with the injury. Moreover, the injury may induce some
health problems that may affect his efficiency or interest. A broken leg
or hand will not have the same strength as that was before it was
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Acts and Laws
broken. This difference obviously decreases the productivity of the
worker. Even though, there may not be any health problem here, still it
affects productivity. However, a safe working practices can effectively
avoid such problems.
 On the other side of the coin, when a person is having some health
ailments, it is not safe for him/her to work and the ill-health can even
induce unsafe conditions. For example, a driver of a vehicle, suffering
from cold or fever or head ache etc., cannot drive properly. At times, it
may become unsafe too.
The two terms safety and health are thus inseparable.
 The situations in workplace do not cause physical stress only but also
psychological stress. This combination by itself impresses that safety
and health need simultaneous consideration and attention.
 It may also be remembered that a worker operating in mentally tense
situation may unintentionally forget to follow a particular safety
precaution and subject himself to an accident and thence may catch a
health problem.
A correct understanding of the above aspects, broadens the field of Safety
Engineering and requires help of the specialists like safety engineers, industrial
hygienists, health physicists, occupational therapists and risk managers. Thus,
the meaning of safety has been widened to encompass security and protection
of one’s own-self, assets and job too.
Thus the term ‘safety’ widened its bounds to cover several aspects such as
 safeguarding an employee from possible accidents including prevention
of occurrence of potential accidents
 monitoring and improving the health of employee
 job protection for the employee
 safeguarding the assets of the employee
 protecting the assets of the organization
 safeguarding the interests of the employer and stakeholders
 safeguarding the environment
However, the outlining of relationship of safety engineering, as done above,
with quality, productivity, profit etc. has also tended to create impediments in
successful implementation of safety programmes. The safety professionals tend
to become over enthusiastic and often get inclined to neglect the cost benefit
ratio and payback of the steps initiated in this direction. It has also been
observed that many workers show resistance to adopt new safety measures
when confirmed first time.
Believe it or not! A successful safety drive often comes after a number of false
starts.
1.2.2 Whose Responsibility is Safety?
It is always a common point of discussion about shouldering the responsibility
of safety. Especially, when an accident takes place in an industry, the workers
often throw the blame on management, while the management puts the blame
9
back on the workers for not following the specified safety norms and not
taking the required precautionary measures that the workers were supposed to
comply.
The debate therefore remained inconclusive and the all important question that
who should be held responsible for ensuring the safety measures, also
remained unanswered/unresolved for long.
Workers have their argument that nobody would intentionally or deliberately or
willfully work in an unsafe environment. Then, they claim that management
should shoulder the responsibility for creating a safe environment.
The management typically argues that the workers should be aware of the
safety norms and should know how to safeguard themselves.
In this context, a survey on a large cross-section of workers revealed some
interesting points. The following ones are really noteworthy.
 Employees of large organizations are generally more safety conscious
than those working in small organizations.
 The general feeling among workers was that safety was the
responsibility of management.
 Some of the workers also believe that using all the safety appliances
would affect the speed of their work.
 Most employees opine that government must impose rules for safety
and intervene more frequently in this regard.
 Very few urge for safety training while most employees realize the need
for sound safety programmes
 The employees often demand that training and drills are necessary for
safety of workers in workplace, but when it is initiated, only a few
come forward.
 Only a small fraction of the workers thought that they were adequately
trained and can handle the situations as and when required.
 It was noted in the survey that the employees who did not receive
safety training were liable to experience twice as many on-the-job
accidents as compared to those who had received safety training.
 The workers who had met accidents were not ready to accept their
responsibility towards accident.
 Almost 85% of them agreed that accidents could have been avoided.
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Acts and Laws
SAQ 1
a) Define safety and occupational health. What is the relation between
the two?
b) Why was safety not given importance in the early nineteenth
century? Discuss.
c) “Safety alone can (should) not be the target of Safety Engineering”,
critically appreciate the statement.
d) Whose responsibility is safety – Management or Workmen?
Explain.
e) What are the general notions of managements about maintaining
safety? Discuss the truth and myth of those notions.
f) What are the general notions of workers about safety in an
industry? Discuss the truth and myth of those notions.
1.3 SAFETY ENGINEERING
Safety of workers in workplaces is of paramount importance and it can not be

compromised under any circumstances. Efforts to keep the employees safe
from all angles must be on 24x365. Fundamentally, safety engineering is a
combination of knowledge of engineering and that of health and safety to
develop procedures and design full-proof systems to protect people from injury,
illness and even death in the factories. Protecting the premises along with the
properties, machineries, equipment etc. are also equally important objectives of
safety engineering.
It may be well appreciated that to accomplish all the above objectives of safety
engineering and safety management, collective efforts of all concerned will be
of immense importance. While the management should formulate safety
policies, announce/display the said policies wherever possible, provide
budgetary support for all safety measures, train the workers to strictly adhere
to the safety practices in their respective workplaces using the protective
equipment etc., the safety supervisors must keep watch that workers follow
safety rules without fail and the workers must follow all the safety guidelines
in the factory.
The organizations are required to comply all the safety standards and the rules
set by the Government under the strict vigil of the safety department.
Another important requirement here is to keep the records of all accidents in
full details. The organizations need to analyze the reasons for accidents and
take necessary steps to prevent occurrence of the same type of accidents in
future. Management shall also have to decide about the compensations as per
the rules.
Another important aspect of modern safety engineering is to protect the
environment by reducing the adverse impacts of various industrial processes
on it. The requirement has ultimately culminated in setting up of Environment
Management System (EMS) in the industries. An environmental management
system assesses and addresses the environmental impact of an organization’s
activities and suggests effective procedures that will reduce its impact on the
environment and on human health. The necessity of EMS in it’s full
11
perspective could be well appreciated from the simple fact that environmental
stress is consistently on the rise and becoming severe day by day. Degradation
of environment poses an extremely serious threat to humanity.
It is an established fact that industrial processes in general, harms the
environment. The byproducts of the processes may contaminate air, water and
soil. The polluted resources can cause diseases, damage plants and corrode
property. Thus, the industries must have Environment Management System as
one of its total management system. EMS must be implemented as per the
guidelines of ISO 14000 which is a voluntary standard insisting upon record
keeping, following of local and national safety standards for process and
product, auditing of EMS functions by internal and independent agencies
among other things. Auditing uses several instruments to detect and measure
even small quantities of polluting, dangerous and hazardous substances. The
same instruments also help to trigger warning systems in workplace so that
timely actions could be initiated to ward off accidents and damages at the
factories.
The resulting deterioration of all components of environment at the industrial
belts i.e. air, water and oil proves hazardous in many ways. Polluted air,
contaminated water and soil can cause diseases. Water borne diseases may
even spread like epidemic. The water may cause infection of intestine resulting
in dysentery, cholera or typhoid. Chemicals transferred to food chain through
soil can cause serious as well as chronic ailments. The polluted air, comprising
of oxides of S, C, N2 have several disease-causing properties.
However, the most harmful contribution of industrial development is the
emission of greenhouse gas, which is continuously on the rise, over the last
few decades. The increased emission of greenhouse gas has been playing a
direct role in increasing the earth’s temperature, which in turn, has been
severely affecting our environment including melting of ice cap and increasing
of sea level. Consequently, many low areas on earth are now under the serious
threat of being submerged under water.
Industrial processes in general, use several raw materials and various types of
energy while producing different categories of finished products However,
during the manufacturing process, along with the main products, some harmful
byproducts, known as wastes are also produced. These industrial wastes could
either be solid or liquid or may be of gaseous form. Many of these wastes
widely pollute air, water and soil, the three most important ingredients for our
survival and livelihood. Other than the industries, these wastes are generated
from industrial, commercial, domestic and agriculture sources too. Apart from
causing pollution, these waste products also pose great problem of disposal.
Their large volume and weight (billions of tons) is a big problem. Effective
management of this huge volume of waste is indeed a very serious issue and is
handled by the industries, state and local governments and NGOs.
Other than handling and removal of huge quantity of waste materials, two
significant aspects of waste management are I) reducing the generation of the
waste products at the factories as such and ii) recycling the waste products /
recovering the useful material from the waste products to the extent possible.
Steps are also being initiated for the extraction of usable energy from these
waste materials. A large portion of solid waste goes to landfill where from the
landfill gas (energy) is made available using state of the art technologies.
However, the Government is required to make stringent laws in respect of
hazardous wastes, to set up agencies for necessary monitoring of the handling
12
Acts and Laws
and disposal of the same along with the adverse effects on the personnel,
handling the hazardous waste.
Safety Engineering may also be looked at as design function. Engineers must
design the processes using only the materials that are safe. They must
incorporate instructions for safe methods of production. All organizations must
incorporate safety functions to reduce accidents, to maintain clean and disease
free environment, to reduce wastes and avoid hazards. More importantly the
supervisors and workers must be given through training in safety measures in
all aspects. The factories should conduct safety drills, disseminate information
by way of placing posters, bills, instructions etc., at common places. Engineers
should also design the workplaces in a manner to facilitate quick and easy exits
in case of disasters. The warning systems for fire and gas must be installed and
checked from time to time and workers must be involved in these
arrangements. The factories, where the possibilities of accidents are more,
must take special note of these requirements.
1.3.1 Common Workplace Operations Requiring Safety
Though the operations performed by the workers at their respective workplaces
are of different nature, still, there exists a basic similarity. Almost all the
processes involve machines and materials. The safety measures are adopted
depending on the type of the machines and also on the operations being carried
out on these machines. While some operations may require handling of
hazardous materials, in some other cases, the materials are in hazardous states.
Either of the cases necessitates strict adherence to the stringent safety norms.
Some of the operations, requiring adherence to safety practices are mentioned
below.
 Electrical assembly and fabrication
 Electronic assembly and cleaning
 Use of electrical tools
 Use of chemical agents and chemical treatments
 Use of biological materials and treatments
 Use of acidic and alkaline materials
 Toxic vapour applications
 Use and production of mists, dusts
 Use of boiler and use of compressed air and gas
 Use of combustible and toxic gases and liquids
 Processing of radioactive sources and treatments
 Painting and mixing of paints
 Spraying of paints and liquid metals
 Welding (gas and electric) brazing and soldering
 Wood cutting and working
 Sawing metal and wood
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 Sanding
 Sand blasting and shot-peening
 Burning and furnace application
 Casting and foundry practice
 Digging
 Climbing
 Masonry work
 Hoisting and lifting
 Machining on lathes and millings
 Shearing
 Cutting
 Drilling
 Jointing
1.3.2 Benefits of Safety
Industries or companies following the safety norms/guidelines are benefited in
several ways. While the employer and the employees are benefited directly, the
consumers are also benefited indirectly. Some of the benefits are elaborated
below,
 A sound safety policy will avoid or significantly reduce the accidents
whereby the employer will save cost of man-hours lost and down-
machine time.
 The employer will also save on paying compensation and replacement
or repair of equipment.
 The very fact that the employees will be feeling safe to work, would
ensure improved productivity.
 Since a sound safety policy will guarantee adequate compensation, the
employees will work without any apprehension and psychological
pressure about their future.
 The increased productivity and quality consciousness will produce
goods to the liking of the customers.
 An effective training program can reduce the number of injuries
and deaths, property damage, legal liability, illnesses, workers'
compensation claims, and loss of man hours.
 Safety training classes help to establish a safety culture in which
employees themselves help to promote proper safety procedures while
on the job.
 Once the newly recruited workers are given proper safety training, it
will be difficult for the seasoned workers to have a negative influence
on them
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Acts and Laws
The negative influence however, can be purged with the establishment of new,
hands-on, innovative/effective safety training which will ultimately lead to an
effective safety culture. A 1998 NIOSH (National Institute of Occupational
Safety and Health) study concluded that the role of training in developing and
maintaining effective hazard control activities is a proven and successful
method of intervention.
SAQ 2
a) What is safety engineering? Explain its importance in industrial
occupations.
b) List out the common industrial workplaces which require
occupational safety.
c) What are the benefits of safety?
d) What is EMS? How is it related to safety engineering?
e) What are the benefits to managements out of training and
maintaining safety?
f) Discuss the importance of safety in the case of
(i) Industrial workmen
(ii) Industry and its assets and
(iii) Environment
1.4 DESIGNING FOR SAFETY

The general consensus among the workers is that safety programmes and
related training should be organized, frequent inspection and enforcement of
safety rules be followed, useful as well as effective safety equipment be
provided and their maintenance be ensured.
Summarily, the success of safety programmes in any organization depends on
how strongly it is designed and how judiciously it is instituted on the following
four pillars of safety.
The Four Pillars of Safety Design
 Safety Organization: There should be a well defined, efficient and
effective organization structure to ensure safety and security.
 Safety Training: The safety department should conduct regular safety
training programs and safety drills at the factory. Meanwhile, workers
also should take all necessary safety precautions that are imperative.
 Safety Legislation: The government should make appropriate
legislation for industrial safety and compensation. This is to be strictly
maintained / adhered to. The safety of an organization can be better
understood by checking how stringent the rules are made and how
meticulously they are implemented.
 Safety Audit: The safety practices should be audited every six months
or at least once a year and if shortcomings are observed, the license of
the factory would cancelled. Safety audit, not only ensures the safe
environment at the factory but also assures the workmen to work with
peace of mind.
15
Generally, the success of a safety program depends on the initiatives of the

management as well as the attitude and mindset of the workers towards safety.
So, it is always important to take cognizance of workers’ comprehension of
safety and any specific safety program while designing it.
Let us now elaborate the above four principal design elements a little for better
understanding of the subject.
1.5 SAFETY ORGANIZATION
Every industry must have a safety organization with well defined objectives
and well identified functions. It has been experienced that safety policies often
fail if safety functions are distributed or made part of activates of several
departments. Under the system of distributed responsibilities the safety
functions have often been reported to corporate managers through personnel
and human resource department, operational office or legal office. Such
practices had often obliterated the successful implementation of safety
programmes.
A safety person should not be a narrow specialist but a broad expert with
human values as main plank. Teamwork and cooperation with others are other
salient attributes required to become a successful safety person.
1.5.1 Safety Organization Chart
A model organization chart for a large and safety conscious industry is shown
in Figure 1.1. The figure specifies the safety functions in a comprehensive
manner, clearly identifying the four basic levels of responsibility. They are
described below.
(i) Level 1
This is a corporate level and there should be a company director,
having the overall responsibility of formulating the safety policies at
the corporate level. Any changes, incorporated in the safety policies
will be notified from time to time. He will have to see that safety audits
are made at specified intervals. He must be readily available for
required advice and guidance to all safety personnel. The company
director must appoint a general manager safety at the company level.
(ii) Level 2
This is at company level and will directly report to the corporate
director. He has to continuously monitor safety policies of the company
and bring about the necessary improvements in the light of directives
issued from time to time. He must also see that the directives and
policies are in consonance with the government regularly standards. He
should provide guidance and assistance for training of safety personnel
at various levels and must conduct safety audits at stipulated intervals.
He must see that safety records are properly maintained and up-to-date
data and information regarding safety status of the company are always
available.
(iii) Level 3
This level works at plant level and would directly report to the general
manager safety. There must be four safety managers as identified by
four important safety functions at the factory, namely fire safety,
environmental control, occupational health and professional service.
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Specific conditions and size of the plant may suggest combining two or
three of these functions under a single plant level manager but in all
cases the functions should remain separate, specific and identifiable.
Implementation of all the safety practices at the factory including
identification of hazardous jobs and preparedness to deal with
emergencies are the main requirements at this level. Importantly, it is
the level where interactions with other activities are most likely to take
place. Thus a plant manager will have to consistently coordinate with
the managers in the areas of design, manufacture, purchase, sale, R&D,
etc. A plant manager will have the full responsibility to investigate the
injuries/accidents involving the workers occurring on job/site and
make report to the higher officials.
(iv) Level 4
This level comprises representatives of safety departments working at
shop floor. The personnel will actually implement safety procedures,
train workers on the respective procedures, guide them while adopting
the procedures. They will provide all support for maintenance of
environment and its preservation. Most importantly the personnel at
level 4 will conduct safety drills.
Company Director
General Manager
Health Safety Environmental
Manager Manager Manager Manager

Fire Safety Environmental Occupationa Professional
Control l Service
Health
Property
Conservatio Staff Training
Industrial
n Hygiene Physician
Industrial & Nursing Data

Construction Occupationa Preserving &
Safety Environmental
l I.T
Engineering
Health
Material Compensation
Handling Ergonomics Toxicology Managemen
t
Figure 1.1: Safety Organization

1.5.2 Industrial Safety Management
The history of safety movements are slightly shorter than the span of industrial
era. They took off in the beginning of twentieth century with initiatives from
17
Railways and Steel industries but there was some lull in the efforts during the
World Wars. However, the importance of safety was re-established soon and in
modern practices the industrial world has accepted safety of workers and safe
practices as major responsibilities.
The safety of workers in workplace is indeed a great concern. There are two
ways in which safety can get jeopardized, one by accidents and other by
having a disease causing environment or condition. The psychological tension
under which the worker works may also put him under risk. The industry must
recognize the safety situations and must inform workers for all possibilities of
dangers. The workers must learn to take the precautionary measures and also to
use protective equipment whenever necessary. While the supervisors must
continuously watch, men, machines and the processes to ensure safety, the
managers should make policies that will support safety functions and also
should see to it that workers are benefited by such policies. The organizations
must follow the rules and regulations in respect of safety.
The records of accident with full details of person who suffered and type of
loss that occurred and number of days lost or if the accident resulted in death
are required to be maintained. Such records help in deciding compensation and
provide information to the workers as well as the inspecting authority.
The large organizations have safety functions under the control of a corporate
officer. A team of engineers, managers and supervisors help him. He has the
responsibility to provide supports to all safety workers and maintain liaison
with government agencies, safety auditors and insurance companies. Each
organization should have a list of all such operations that require special safety
measures and all workers be kept informed accordingly.
1.5.3 Safety Functions
Safety functions become successful if they are controlled by a single
department with safety personnel interacting with other activities functionally.
A top level corporate manager must supervise safety organization in a large
industry. Safety director or manager at industry level may report to corporate
manager. There may be several managers reporting to safety director who
would look after special safety functions such as fire, environment,
occupational health, claim for compensation etc. These managers will
necessarily interact with all other departments wherever workers are involved.
A list of major safety functions is mentioned below.
(i) Workplace Safety
(ii) Property conservation
(iii) Safety in material handling
(iv) Industrial hygiene
(v) Environmental control
(vi) Occupational health
(vii) Health and safety information system
(viii) Workers’ compensation claim management
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SAQ 3
a) What are the four pillars of safety design? Briefly describe.
b) What is safety organization? Explain the four levels of safety
organization chart.
c) What ate the functions of safety? Explain.
d) Describe in brief the industrial safety management.
e) Visit any industry of your interest or the one with which you are most
familiar or working and observe the safety practices. Write a report
on it.
1.6 SAFETY TRAINING
The second important element in designing the safety structure in an

organization is the training on safety. Fulfilment of the objectives of safety in
an organization depends to a great extent on how effectively the safety
trainings are conducted for the various cross section of people involved in that
organization.
Effective safety training is an unofficial phrase used to describe the training
materials/modules designed to train the people on occupational safety and
health standards developed by the United States government labor organization
and Occupational Safety and Health Administration (OSHA). These are
universally applicable and adaptable to any nation.
OSHA has produced many standards and regulations that affect employers and
employees in the United States. US employers have a legal responsibility to
educate employees on workplace safety standards and the hazards that their
employees may face while on the job and also providing effective safety
training that meets the responsibility.
Employers must have a comprehensive safety program including the site
specific safety information wherever applicable. The safety training program
should cover topics such as:
 accident prevention and safety promotion
 safety compliance
 accident and emergency response
 personal protective equipment
 safety practices
 equipment and machinery
 chemical and hazardous materials safety
 workplace hazards
 employee involvement
Proper documentation and dissemination with regard to the training programs
conducted are also of immense importance. Creating a training matrix will help
keep track of who has been trained, when they were trained, the training topic,
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and when it is time for refresher training. Employees must also sign an official
sign-in sheet provided by the employer that can serve as proof that employees
received proper training. The sign-in sheet must have a broad description of
what are being covered in the training program. Tests or quizzes on the
presented material/module can help gauge employee understanding of the
subject and highlight the topics that need to be reviewed.
The non-English speaking population is consistently growing in many
industries and it is important that employers provide bilingual training for
those workers, as OSHA requires that all employees be properly trained.
There may be instances too, when many of the employees display attitudes of
disinterest and dread at the thought of attending a safety training, leaving the
trainer frustrated and dejected about the training program. In those
circumstances, it is in fact, the responsibility of the trainer to make the training
a fun and enjoyment for the trainees besides being educational, which will help
the trainees to retain the information, enjoy the course, and apply the learning
to their work and lives afterwards.
1.6.1 OSHA's Voluntary Training Guidelines
OSHA issued voluntary training guidelines in 1992. These guidelines serve as
a model for trainers to be used in developing, organizing, evaluating, and
editing their safety training programs. It is important for trainers to tailor the
OSHA guidelines in keeping with the specific requirements of their respective
work sites so that the training is becomes relevant to the specific working
conditions and not just a long generalized informational session.
Many standards promulgated by OSHA explicitly require the employer to train
the employees on the safety and health aspects of their jobs. Other OSHA
standards make it the employer’s responsibility to assign certain jobs to those
employees who are “certified,” “competent,” or “qualified” for doing that
particuler job —meaning that they have had special previous training, in or out
of the workplace. The term “designated” personnel means selected or assigned
by the employer or the employer’s representative as being qualified to perform
specific duties. These requirements reflect OSHA’s belief that training is an
essential part of every employer’s safety and health program for protecting
workers from injuries and illnesses.
1.6.2 The Training Model
OSHA’s training guidelines follow a model that consists of:
 Determining if training is needed
 Identifying training needs
 Identifying goals and objectives
 Developing learning activities
 Conducting the training
 Evaluating program effectiveness
 Improving the program
 Aligning the training programs with the jobs / tasks.
Let us now briefly discuss about the above aspects of the training model.
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Acts and Laws
Determining if training is needed
At the outset, it has to be assessed judiciously if a situation can be solved using
the appropriate training program. Training, or retraining as the case may be,
could be required by an OSHA standard. Training is an effective solution to
address various issues such as employee lack of understanding, unfamiliarity
with equipment, incorrect execution of a task, lack of attention, or lack of
motivation.
However, at times, the situation cannot be mitigated through training and other
methods, specially when engineering controls are to be established for
ensuring the safety of the employees.
Identifying training needs
A job safety analysis and/or a job hazard analysis should be conducted with
every employee so that it is understood what is needed to do the job safely and
what hazards are associated with the job. A safety trainer may observe the
worker in his/her environment to adequately assess the training needs. Certain
employees may need extra training due to the hazards associated with the
particular job assigned to them. These employees should be trained not only on
how to perform their job safely but also on how to operate in a hazardous
environment.
Identifying Goals and Objectives
It is important for the Trainer to identify and select only that part of the
training material, which would be useful for the purpose of training. It is
equally important that the trainer identifies the training material that is not
needed and removes the same from the training schedule. This would prevent
the employees from being over burdened and getting frustrated about the
program.
At the beginning of every safety training session the trainer should clearly
explain the objectives of the interactions in a lucid manner. The objectives
should be delivered using action oriented words like: the employee... "will be
able to demonstrate" or "will know when to"... which will help the audience
understand what he/she should know by the end of the class or what are the
information to be assimilated during the class. Clearly established objectives
also help the trainees acquire the skill sets and the knowledge necessary to
perform the job safely.
Developing Learning Activities
Training should be hands-on and simulate the job as closely as possible.
Trainers can use instructional aides, such as charts, manuals, PowerPoint
presentations, and films. Trainers can also include role-playing, live
demonstrations, and round-table group discussions to stimulate employee
participation. Games like "what's wrong with this picture" (it is usually good to
use pictures of situations found at their specific location)" or "safety jeopardy"
can be useful ways to make the training fun yet educational. Posters can also
be very effective in conveying meaningful messeges in a witty and humourous
manner.
Conducting the Training
Trainers should provide employees with an overview of the material to be
learned and relate the training to the experiences of the employees. Employers
should also reinforce the understanding of the employees by summarizing the
program's objectives and salient points of the training. At the beginning of the
training program, the trainer should show the employees why the material is
21
important and relevant to their jobs. Employees are more likely to pay
attention and apply what they've learned if they know the benefits of the
training.
Evaluating Program Effectiveness
Evaluation will help employers or supervisors determine the amount of
learning achieved and whether an employee’s performance has improved on
the job. Some of the methods of evaluating the training program are:
(1) Student opinion: Questionnaires or informal discussions with
employees can help employers determine the relevance and
appropriateness of the training program
(2) Supervisors’ observations: Supervisors are in good positions to
observe an employee’s performance both before and after the training
and note improvements or changes
(3) Workplace improvements: The ultimate success of a training program
may be changes throughout the workplace that result in reduced injury
or accident rates
(4) Formal assessments: Practical and written exams also assist in
evaluating the success of the training program.. For example, for a lift-
truck operator, a written and a practical exam would identify areas of
training that may need to be revisited. Furthermore administering a pre-
test and post-test will establish a knowledge base line or reference point
to measure the effectiveness of the training program.
Improving the Program
As evaluations are reviewed, sometimes it may also be evident that the training
was not adequate and that the employees did not reach the expected level of
knowledge and skill. As the program is evaluated, the trainer should ask:
(i) If a job analysis was conducted, was it accurate?
(ii) Was any critical feature of the job overlooked?
(iii) Were the important gaps in knowledge and skill included?
(iv) Was material already known by the employees intentionally omitted?
(v) Were the instructional objectives presented clearly and concretely?
(vi) Did the objectives state the level of acceptable performance that was
expected of the employees?
(vii) Did the learning activity simulate the actual job?
(viii) Was the learning activity appropriate for the kinds of knowledge and
skills required on for the job?
(ix) When the training was presented, was the organization of the material
and its meaning made clear?
a) Were the employees adequately motivated to learn?
b) Were the employees allowed to participate actively in the
training process?
c) Was the employer’s evaluation of the program thorough?
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Computer and video training
Computers and videos can be a great addition to a company's safety training
program. Computer-based training programs can of great help in addressing /
resolving following training challenges
 Training employees in remote sites
 Employees who get bored with the monotony of same safety training
programs
 Safety managers lack of time and resources to effectively train the
employees
 Providing a means of documenting and tracking student progress
 Lowering trainer fees or travel costs
 A self-paced, relaxed learning environment
OSHA Medical Safety
No place can appreciate the positive impact the OSHA regulations than the
healthcare and clinical set ups. OSHA has been revolutionary in the medical
field due to its ability to prevent the spread of diseases. Every clinical facility
on US land, civilian or military is governed by OSHA's directives. To remain
in accordance to the Federal regulations enacted by OSHA, healthcare
administrators must maintain an OSHA safety program and train their
employees on an annual basis. Some of the topics that employees must be
trained on include:
 Blood-borne Pathogen Standard
 Chemical Hazard Communications
 Tuberculosis Exposure Control
 Mercury Exposure
 Ionizing Radiation Exposure
 Fire Escape Plan
 Emergency Action Plan
 Electricity Safety
 Fire Safety Standard
1.6.3 Safety Training – The Action Plan for Workplace
As discussed above, the Occupational Safety and Health Administration
(OSHA) of the United States of America (USA) has framed the training
requirements for various kinds of workplaces, roads / transits as well as while
at home, which are universally applicable. The Occupational Safety and Health
Act – 1970 (USA) has provided the necessary guidelines and instructions.
These are available in public domain and can be taken without any permission
from https://www.osha.gov/Publications/osha2254.pdf and may also be
reproduced where citation is requested but not mandatory. (Should you need
further reading, it is recommended to visit:
https://www.osha.gov/shpguidelines/education-training.html)
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According to OSHA:
Education and training are important tools for informing workers and
managers about workplace hazards and controls so they can work more safely
and be more productive. Another role of education and training, however, is to
provide workers and managers with a greater understanding of the safety and
health program itself, so that they can effectively contribute towards its
development and implementation.
Education and training provides employers, managers, supervisors, and
workers with:
 Knowledge and skills needed to do their work safely and avoid creating
hazards that could place themselves or others at risk.
 Awareness and understanding of workplace hazards and how to identify,
report, and control them.
 Specialized training, when their work involves unique hazards.
Additional training may however, be needed depending on the roles assigned
to employers or individual managers, supervisors, and workers. For example,
employers, managers, and supervisors may need specific trainings to ensure
that they accomplish their roles in providing leadership and direction for the
safety and health program. Workers assigned specific roles in the program (e.g.,
incident investigation team members) may need training to ensure their full
participation in those functions.
Effective training and education can be provided outside a formal classroom
setting. Peer-to-peer training, on-the-job training, and worksite demonstrations
can be useful in conveying safety concepts, ensuring better understanding of
hazards, effective control of the hazards, and promoting good work practices.
OSHA recommends the following four action plans for safety training at
workplace.
Action Plan 1: Provide program awareness training
Action Plan 2: Train employers, managers and supervisors on their roles
in the program
Action Plan 3: Train workers on their specific roles in the safety and
health program
Action Plan 4: Train workers on hazard identification and controls
Action Plan 1: Provide program awareness training
Managers, supervisors, and workers all need to understand the program's
structure, plans, and procedures. A clear understanding of the same ensures that
everyone can fully participate in developing, implementing, and improving the
program.
How to accomplish it
 Provide training to all managers, supervisors, workers, contractor,
subcontractor and temporary agency workers on:
 Safety and health policies, goals, and procedures
 Functions of the safety and health program
 Whom to contact with questions or concerns about the program
(including contact information)?
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 How to report hazards, injuries, illnesses, and close calls/near
misses?
 What to do in an emergency?
 The employer's responsibilities under the program
 Workers' rights under the Occupational Safety and Health Act
 Provide information on the safety and health hazards of the workplace
and the controls for those hazards.
 Ensure that training is provided in the language(s) and at a literacy level
that all workers can understand.
 Emphasize that the program can only work when everyone is involved
and feels comfortable discussing concerns; making suggestions; and
reporting injuries, incidents, and hazards.
 Confirm, as part of the training, that all workers have the right to report
injuries, incidents, hazards, and concerns and to fully participate in the
program without fear of retaliation.
Action Plan 2: Train employers, managers, and supervisors on
their roles in the program
Employers, managers, and supervisors are responsible for workers' safety, yet
sometimes have little training/understanding on the safety-related concepts and
techniques. They may benefit from specific training that allows them to fulfil
their leadership roles in the program.
 Reinforce employers, managers, and supervisors' knowledge of their
responsibilities under the Occupational Safety and Health Act and the
workers' rights guaranteed by the Act.
 Train employers, managers, and supervisors on procedures for
responding to workers' reports of injuries, illnesses, and incidents,
including ways to avoid discouraging reporting.
 Instruct employers, managers, and supervisors on fundamental concepts
and techniques for recognizing hazards and methods of controlling them,
including the hierarchy of controls.
 Instruct employers, managers, and supervisors on incident investigation
techniques, including root cause analysis.
Action Plan 3: Train workers on their specific roles in the safety
and health program
Additional training may be imparted to ensure that workers can accomplish
all the assigned safety and health responsibilities into their daily routines
and activities.
 Instruct workers on how to report injuries, illnesses, incidents, and
concerns. If a computerized reporting system is used, ensure that all
employees have the basic computer skills and computer access,
sufficient to submit the report.
25
 Instruct the workers, who are assigned specific roles in the safety and
health program on how they should carry out those responsibilities,
including:
 Hazard recognition and controls (see Action Plan-4)
 Participation in incident investigations
 Program evaluation and improvement
 Provide opportunities for workers to ask questions and provide
feedback during and after the training.
 As the program evolves, institute a more formal process for determining
the training needs of workers responsible for developing, implementing,
and maintaining the program.
Action Plan 4: Train workers on hazard identification and controls
Providing workers with an understanding of hazard recognition and control
and at the same time actively involving them in the process, can help to
eliminate the hazards before an accident occurs.
 Educate the workers on techniques of identifying hazards, such as job
hazard analysis
 Train workers so that they understand and recognize the hazards they
may encounter in their own jobs, as well as more general work-related
hazards.
 Instruct workers on concepts and techniques for controlling hazards,
including the hierarchy of controls and its importance.
 Train workers on the proper use of work practice and administrative
controls.
 Train workers on when and how to wear required personal protective
equipment.
 Provide additional training, as necessary, when a change in facilities,
equipment, processes, materials or work organization could increase
hazards and whenever a worker is assigned a new task.
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SAQ 4
a) What is occupational safety training? What is its significance in
industry?
b) What the topics to be covered under safety training? What are the
OSHA voluntary training guidelines?
c) Give a safety training model and explain its features.
d) Describe the levels of safety organization.
e) Discuss the importance of imparting training to managers and
supervisors about occupational safety? How is it accomplished?
f) Discuss how workers are to be trained about their roles in safety and
health programs.
g) Explain how hazard is identified and controlled under the backdrop
of OSHA’s action plan.
1.7 SAFETY LEGISLATION

The third part of designing good safety structure / system in an organization
comprises of the suitable legislation and legal implications while
implementation. Without exception, a truly safe environment will be the result
of foolproof legislation and strict implementation followed by regular
monitoring and stringent actions against violation of the safety practices.
Though there may be little variations in the legislations from country to
country but the legislations are more or less similar or same in natures and
features.
Indian labour law refers to the laws regulating labour in India. Traditionally,
Indian governments, both at federal and state levels have sought to ensure a
high degree of protection for workers but in practice, legislative rights only
cover a minority of workers. As India is a federal form of government and
because as labour is a subject in the concurrent list of the Indian Constitution,
labour matters are in the jurisdiction of both central and state governments;
both central and state governments have enacted laws on labour relations and
employment issues.
1.7.1 History of Safety Legislation
Indian labour law is closely connected to the Indian independence movement.
While India was under the colonial rule by the British Raj, labour rights, trade
unions, and freedom of association were all suppressed. Workers who sought
better conditions, and trade unions, which campaigned through agitations and
strikes, used to get suppressed violently. It was only after the independence in
1947, when the Constitution of India of 1950 embedded a series of
fundamental labour rights in the constitution, particularly the right to join and
take action in a trade union, the principle of equality at work, and the
aspiration of creating a living wage with decent working conditions.
Some important agitations / strikes organized in India are listed below.
 1921 Buckingham and Carnatic Mills Strike
 1926 Binny Mills Strike
27
 1928 South Indian Railway Strike

 1929 Meerut Conspiracy Case
 1974 railway strike in India
 1982 Great Bombay Textile Strike
 2012 Harthal in Kerala
1.7.2 Initiatives by Government – Constitutional Rights
In the Constitution of India important and relevant articles such as Articles 14-
16, 19(1)(c), 23-24, 38, and 41-43A, having direct concern to the labour rights,
were incorporated at the very beginning.
Some salient features of these articles are as follows :
 Article 14 states everyone should be equal before the law.
 Article 15 specifically says the state should not discriminate against
citizens, and article 16 extends a right of "equality of opportunity" for
employment or appointment under the state.
 Article 19(1)(c) gives everyone a specific right "to form associations or
unions".
 Article 23 prohibits all trafficking and forced labour
 Article 24 prohibits child labour under 14 years old in a factory, mine
or "any other hazardous employment".
Articles 38-39, and 41-43A, however, like all rights listed in Part IV of the
Constitution are not enforceable by courts, rather for creating an aspirational
"duty of the State to apply these principles in making laws". The original
justification for leaving such principles unenforceable by the courts was that
democratically accountable institutions ought to be left with discretion, given
the demands they could create on the state for funding from general taxation,
although such views have since become controversial.
 Article 38(1) says that in general the state should "strive to promote
the welfare of the people".
 Article 38(2) goes on to say the state should "minimize
the inequalities in income".
 Article 41 creates a "right to work", which the National Rural
Employment Guarantee Act 2005 attempts to put into practice.
 Article 42 requires the state to "make provision for securing just
and human conditions of work and for maternity relief".
 Article 43 says workers should have the right to a living wage and
"conditions of work ensuring a decent standard of life".
 Article 43A, inserted by the Forty-second Amendment of the
Constitution of India in 1976, creates a constitutional right by
requiring the state to legislate to "secure the participation of
workers in the management of undertakings".
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Acts and Laws
1.7.3 Contract and Rights - Scope of Protection
Indian labour law makes a distinction between people who work in "organized
sectors” and people working in "unorganized sectors". The laws list the
different industrial sectors to which various labour rights apply. People who do
not fall within these sectors, the ordinary law of contract is applicable.
India's labour laws underwent a major update in the Industrial Disputes Act of
1947. Since then, an additional 45 national laws expand or intersect with the
1948 act, and another 200 state laws control the relationships between the
worker and the company. These laws mandate all aspects of employer-
employee interaction, such as companies must keep 6 attendance logs, 10
different accounts for overtime wages, file 5 types of annual returns etc. The
scope of labour laws extend from regulating the height of urinals in workers'
washrooms to how often a work space must be whitewashed. Inspectors can
examine the working space anytime and declare fines for violation of any of
the labour laws and regulations.
1.7.4 Employment Contracts
Among the employment contracts that are regulated in India, the regulation
involves significant government involvement which is rare in developed
countries. The Industrial Employment (Standing Orders) Act 1946 requires that
employers have the terms including working hours, leave, productivity goals,
dismissal procedures or worker classifications, approved by a government
body.
The Contract Labour (Regulation and Abolition) Act 1970 aims at regulating
employment of contract labour so as to place it at par with the labour
employed directly. Women are now permitted to work night shifts too (10 pm
to 6 am).
The Latin phrase 'dies-non' is being widely used by disciplinary authorities in
government and industries for denoting the 'unauthorized absence' to the
delinquent employees. According to Shri R. P. Saxena, chief engineer, Indian
Railways, dies-non is a period which neither counted in service nor considered
as break in service. A person can be marked dies-non, if
 absent without proper permission
 when on duty left without proper permission
 while in office but refused to perform duties
In cases of such willful and unauthorized absence from work, the leave
sanctioning authority may decide and order that the days on which the work is
not performed be treated as dies-non on the principle of no work no pay. This
will be without prejudice to any other action that the competent authority
might take against the persons resorting to such practices. The principle of "no
work no pay" is widely being used in the banking industry in India. All other
manufacturing industries and large service establishments like railways, posts
and telecommunications are also implementing it to minimize the incidences of
unauthorized absence of workers.
The term 'industry' infuses a contractual relationship between the employer and
the employee for sale of products and services which are produced through
their cooperative endeavor.
This contract together with the need to put in efforts in producing goods and
services imposes duties (including ancillary duties) and obligations on the part
29
of the employees to render services with the tools provided and in a place and
time fixed by the employer. In return, as a quid pro quo, the employer is
obligated to pay wages for the work done and or for fulfilling the contract of
employment.
Duties which have to be done by the employees and payment of wages
therefore, generally include
 ancillary duties,
 additional duties,
 normal duties,
 emergency duties,
Where the contract of employment is not fulfilled or work is not done as
prescribed, the principle of no work no pay' is brought into play.
1.7.5 Important Safety/ Security Related Indian Legislation
The following (given in chronological order) Legal provisions and Acts in
India can provide safety, security and protection through legislation. These are
given here very briefly due to space constraint. However these are available in
website which can be referred by using the name of the act or any relevant
keyword.
1. Caste Disabilities Removal Act 1850, was passed by British India
under East India Company Rule which refers to Article 14 that states
everyone should be equal before the law, article 15 specifically says the
state should not discriminate against citizens, and article 16 extends a
right of "equality of opportunity" for employment or appointment under
the state. Article 23 prohibits all trafficking and forced labour, while
article 24 prohibits child labour under 14 years old in a factory, mine or
"any other hazardous employment".
2. The Workmen's Compensation Act 1923 requires that compensation
is paid if workers are injured in the course of employment for injuries,
or benefits are passed on to dependents.
3. The Trade Unions Act 1926, amended in 2001, contains rules on
governance and general rights of trade unions. [Article 19(1)(c) of
the Constitution of India gives everyone an enforceable right "to form
associations or unions"].
It was the view of many in the Indian Independence Movement,
including Mahatma Gandhi that workers had as much of a right to
participate in management of firms as shareholders or other property
owners. Article 43A of the Constitution, inserted by the Forty-second
Amendment of the Constitution of India in 1976, created a right
to codetermination by requiring the state to legislate to "secure the
participation of workers in the management of undertakings". However,
like other rights in Part IV, this article is not directly enforceable but
instead creates a duty upon state organs to implement its principles
through legislation (and potentially through court cases). In 1978
the Sachar Report recommended legislation for inclusion of workers on
boards, however this had not yet been implemented.
4. The Payment of Wages Act 1936 requires that employees receive
wages, on time, and without any unauthorized deductions. Section 6
requires that people are paid in money rather than in kind. The law also
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Acts and Laws
provides the tax withholdings the employer must deduct and pay to the
central or state government before distributing the wages.
5. Weekly Holidays Act 1942 provides for the grant of weekly holidays
to persons employed in shops, restaurants and theatres and is applied to
entire India
6. The Industrial Disputes Act 1947 section 3 created a right of
participation in joint work councils to "provide measures for securing
amity and good relations between the employer and workmen and, to
that end to comment upon matters of their common interest or concern
and endeavour to compose any material difference of opinion in respect
of such matters". However, trade unions had not taken up these options
on a large scale. In National Textile Workers Union v Ramakrishnan the
Supreme Court, Bhagwati J giving the leading judgment, held that
employees had a right to be heard in a winding up petition of a
company because their interests were directly affected and their
standing was not excluded by the wording of the Companies Act
1956 section 398. [Excel Wearv. Union of India A.I.R. 1979 S.C. 25, 36]
The Industrial Disputes Act 1947 also regulates how employers may
address industrial disputes such as lockouts, layoffs, retrenchment etc.
It controls the lawful processes for reconciliation, adjudication of
labour disputes.
According to fundamental rules (FR 17A) of the Civil Service of India,
a period of unauthorized absence- (i) in the case of employees working
in industrial establishments, during a strike which has been declared
illegal under the provisions of the Industrial Disputes Act, 1947, or any
other law for the time being in force; (ii) in the case of other employees
as a result of action in combination or in concerted manner, such as
during a strike, without any authority from, or valid reason to the
satisfaction of the competent authority; shall be deemed to cause an
interruption or break in the service of the employee, unless otherwise
decided by the competent authority for the purpose of leave travel
concession, quasi-permanency and eligibility for appearing in
departmental examinations, for which a minimum period of continuous
service is required.
7. The Minimum Wages Act 1948 sets wages for the different economic
sectors that it states it will cover. It leaves a large number of workers
unregulated/uncovered. Central and State Governments have discretion
to set wages according to kind of work and location, and they range
between as much as Rs. 143 to Rs. 1120 per day for work in the so-
called central sphere. State governments have their own minimum
wage schedules.
8. The Employees' State Insurance Act 1948 provides health and social
security insurance and medical assistance.
9. The Factories Act 1948, (Act No. 63 of 1948), as amended by the
Factories (Amendment) Act, 1987 (Act 20 of 1987), serves to assist in
formulating national policies in India with respect to Occupational
Safety and Health in factories and docks in India. It deals with various
problems concerning safety, health, efficiency and well-being of the
persons at work places. The Act is administered by the Ministry of
Labour and Employment in India through its Directorate General
Factory Advice Service & Labour Institutes (DGFASLI) and by the
31
State Governments through their factory inspectorates. DGFASLI

advices the Central and State Governments on administration of the
Factories Act and coordinating the factory inspection services in the
States.
The Act is applicable to any factory whereon ten or more workers are
working, or were working on any day of the 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 whereon twenty
or more workers are working, or were working on any day of the
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; but this does not include a mine, or a mobile unit belonging
to the armed forces of the union, a railway running shed or a hotel,
restaurant or eating place. The other noteworthy provisions under this
act are
10. The Equal Remuneration Act 1976, in India presents the concept
of Equal pay for equal work as labour rights that individuals in the
same workplace be given equal pay. It is most commonly used in the
context of sexual discrimination, in relation to the gender pay gap.
Equal pay relates to the full range of payments and benefits, including
basic pay, non-salary payments, bonuses and allowances. Article 39(d)
of the Constitution provides that men and women should receive equal
pay for equal work.
Gender discrimination in India
 Randhir Singh v Union of India : Supreme Court of India held
that the principle of equal pay for equal work is a constitutional
goal and therefore, capable of enforcement through constitutional
remedies under Article 32 of Constitution
 State of AP v G Sreenivasa Rao : equal pay for equal work does
not mean that all the members of the same cadre must receive the
same pay packet irrespective of their seniority, source of
recruitment, educational qualifications and various other
incidents of service.
 State of MP v Pramod Baratiya, comparisons should focus on
similarity of skill, effort and responsibility when performed
under similar conditions
 Mackinnon Mackenzie & Co v Adurey D'Costa, a broad
approach is to be taken to decide whether duties to be performed
are similar
Some countries have moved faster than others in addressing the
problem. Since President John F. Kennedy signed the Equal Pay Act of
1963, it has been illegal in the United States to pay men and women
working in the same place different salaries for similar work.
11. The Employees’ Provident Funds and Miscellaneous Provisions Act,
1952, provides for compulsory contributory fund for the future of an
employee after his/her retirement or for his/her dependents in case of
employee's early death. It extends to the whole of India except the State
of Jammu and Kashmir and is applicable to:
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Acts and Laws
 Every factory engaged in any industry specified in Schedule 1 in
which 20 or more persons are employed.
 Every other establishment employing 20 or more persons or class
of such establishments that the Central Govt. may notify.
 Any other establishment so notified by the Central Government
even if employing less than 20 persons.
This functions as a pension fund for old age security for the organized
workforce sector. For those workers, it creates Provident Fund to which
employees and employers contribute equally, and the minimum contributions
are 10-12 per cent of wages. On retirement, employees may draw their pension.
The other pension schemes include:
 Indira Gandhi National Old Age Pension Scheme
 National Pension Scheme (NPS)
 Public Provident Fund (PPF)
12. The Maternity Benefit Act 1961, creates rights to payments of
maternity benefits for any woman employee who worked in any
establishment for a period of at least 80 days during the 12 months
immediately preceding the date of her expected delivery. On March 30,
2017 the President of India Shri Pranab Mukherjee approved
the Maternity Benefit (Amendment) Act, 2017 which provides for 26-
weeks paid maternity leave for women employees.
13. The Payment of Bonus Act 1965, which applies only to enterprises
with over 20 people, requires bonuses are paid out of profits based on
productivity. The minimum bonus is currently 8.33 per cent of salary.
14. Beedi and Cigar Workers (Conditions of Employment) Act 1966 is
an Act to provide for the welfare of the workers in beedi and cigar
establishments and to regulate the conditions of their work and for
matters connected therewith.
15. The Payment of Gratuity Act 1972 applies to establishments with 10
or more workers. Gratuity is payable to the employee if he or she
resigns or retires. The Indian government mandates that this payment
be at the rate of 15 days salary of the employee for each completed year
of service subject to a maximum of Rs. 2000000.
16. Interstate Migrant Workmen Act 1979, provides social security to
migrated workers and vulnerable groups
17. The Juvenile Justice (Care and Protection of Children) Act, 2000 is
the primary legal framework for juvenile justice in India. The act
provides for a special approach towards the prevention and treatment
of juvenile delinquency and provides a framework for the protection,
treatment and rehabilitation of children in the purview of the juvenile
justice system. This act has been further amended in 2006 and 2010. In
the wake of Delhi gang rape (16 Dec 2012), the law suffered a
nationwide criticism owing to its helplessness against crimes where
juveniles get involved in heinous crimes like rape and murder. In 2015,
responding to the public sentiment, both the houses of parliament in
India further amended the bill that lowered the juvenile age to 16 and
proposed adult-like treatment for juveniles accused of heinous crimes.
33
The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the
upper house, i.e. Rajya Sabha on 22 December 2015. The bill was
approved by President Shri Pranab Mukherjee's assent on 31 December
2015.
18. The Criminal Law (Amendment) Act, 2013 or Nirbhaya Act-2013 is
an Indian legislation passed by the Lok Sabha on 19 March 2013, and
by the Rajya Sabha on 21 March 2013, which provides for amendment
of Indian Penal Code, Indian Evidence Act, and Code of Criminal
Procedure, 1973 on laws related to sexual offenses. The Bill received
Presidential assent on 2 April 2013 and came into force from 3 April
2013. It was originally an Ordinance promulgated by the President of
India, Shri Pranab Mukherjee, on 3 April 2013, in light of the protests
in the 2012 Delhi gang rape case.
[The above list is not exhaustive and acts are not limited to the above list, so
learners are advised to browse some more relevant acts such as The Industrial
Employment (Standing Orders) Act 1946, The Contract Labour (Regulation
and Abolition) Act 1970, the National Rural Employment Guarantee Act 2005
and so forth]
1.7.6 Some Case Examples
Job Security - Fair Dismissal
Some of India's most controversial labour laws concern the procedures for
dismissal contained in the Industrial Disputes Act 1947. A workman, who has
been employed for over a year can only be dismissed if permission is sought
from and granted by the appropriate government office/authorities.
Additionally, before dismissal, valid reasons must be given, and there is a wait
of at least two months for government permission, before a lawful termination
can take effect.
A permanent worker can be terminated only for proven misconduct or for
habitual absence. The Industrial Disputes Act (1947) requires companies
employing more than 100 workers to seek government approval before they
can fire employees or close down. In practice, permissions for firing
employees are seldom granted. Indian laws require a company to get
permission for dismissing workers with the closure of the plant, even if it is
necessary for economic reasons. The government may grant or deny
permission for such closures, even if the company is incurring operational
losses.
The dismissed worker also has a right to appeal, even if the government has
accorded the dismissal application. Indian labour regulations provide for a
number of appeal and adjudicating authorities – conciliation officers,
conciliation boards, courts of inquiry, labour courts, industrial tribunals and the
national industrial tribunal – under the Industrial Disputes Act. These involve
complex procedures. Beyond these appeal and adjudicating procedures, the
case can also proceed to respective State High Court or finally the Supreme
Court of India.
 Bharat Forge Co Ltd v Uttam Manohar Nakate [2005] INSC 45, one
particular worker was found sleeping during the working hours for the
fourth time in 1983. Bharat Forge initiated disciplinary proceedings
under the Industrial Employment Act (1946). After five months of
proceedings, the worker was found guilty and was dismissed. The
worker appealed to the labour court, pleading that his dismissal was
unfair under Indian Labour laws. The labour court sided with the worker,
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Acts and Laws
directed he be reinstated, along with 50% wages for the period of
dismissal. Bharat Forge again appealed against the judgment. The case
then went through several rounds of appeals and counter appeals in
different court of laws. Finally, after 22 years, the Supreme Court of
India upheld his dismissal in 2005.
Redundancy
Redundancy pay must be given, set at 15 days' average pay for each complete
year of continuous service. An employee, who has worked for 4 years in
addition to various notices and the follow up process, must be paid a minimum
of the employee's wage, equivalent to 60 days before retrenchment, if the
government grants the employer the permission to lay-off the employee.
Full Employment (National Rural Employment Guarantee Act 2005)
The Industries (Regulation and Development) Act 1951 declared that
manufacturing industries under its First Schedule were under common central
government regulations in addition to whatever laws enacted by the state
governments. It reserved over 600 products that can only be manufactured in
small-scale enterprises, thereby regulating who can enter in these businesses,
and above all placing a limit on the number of employees per company for the
listed products. The list included all key technology and industrial products in
the early 1950s, including products ranging from certain iron and steel
products, fuel derivatives, motors, certain machinery, machine tools, to
ceramics and scientific equipment.
1.8 SAFETY AUDIT
The fourth pillar of a good safety management in an organization comprises of

an effective safety audit system. Safety audit is a comprehensive information
collecting mechanism with regard to the safety practices being followed in an
industry to confirm whether the industry is in compliance with the statutory
safety regulations.
A detailed discussion on safety audit is given the third unit (Unit-3, Licensing
and Registration) of this block and therefore, it is not elaborated here. However,
brief information is given below for ready reference.
The auditor should ensure all necessary facts/proofs to demonstrate the
adequacy of the audit requirements. This means to collect information from
different sources that are relevant to the audit criteria. The audit information
should include:
 Employees’ declarations during interviews;
 Records: inspection record, audit reports, occupational accident records,
professional diseases records, test reports (noise, dangerous substances
etc);
 Documents: procedures, plans;
 Web site addresses.
Information is then verified and after the necessary verification, the relevant
one becomes “audit evidence” to be compared with the audit criteria in order
to generate “audit findings”. These, after being analyzed in relation to the
objectives of the audit, will lead to the “audit conclusion”.
35
In an audit of OSH management system, audit criteria are the references

against which the “audit evidences” are compared: policies, procedure and
requirements, related to occupational health and safety or standards, such as
OHSAS 18001, which is largely applied.
SAQ 5
a) Give a brief history of industrial unrest in India regarding the unsafe
working environment.
b) What are initiatives that Indian government has taken for establishing
constitutional rights?
c) What do you understand by the phrase “dies-non”? Describe the acts
relevant to Employment Contracts.
d) Discuss on ‘Job Security – Fair Dismissal’, with suitable examples.
e) How do you understand the ‘Equal Remuneration Act – 1976’? Do you
think there is gender discrimination in India beyond the justified level?
Discuss with examples.
1.9 CASE STUDY
CASE STUDY
It was just another Dussehra celebration, with revellers cheering as Ravana's
effigy was set aflame. Some even captured the episode on their mobile cameras.
None could have imagined the tragedy that was about to unfold.
At least 61 people were killed and 72 injured on Friday evening after a crowd
of Dussehra revellers that had spilt onto the railway tracks while watching the
burning of Ravana effigy was run over by a train, officials said.
The train was coming from Jalandhar when the accident occurred at Joda
Phatak near Amritsar, where at least 500-600 people were watching 'Ravana
dahan' at a ground adjacent to the tracks. In the videos that emerged, as the
effigy was lit and the fireworks went off, the crowd could be seen retreating
towards the railway track. It took just about 10-15 seconds for the train to pass,
and leave behind a heap of crushed and dismembered bodies. The train mowed
down and blew away anyone who was standing across the tracks as the effigy
of Ravana went up in smoke. People standing on the tracks did not realise that
the train was fast approaching due to the noise of the firecrackers.
A state mourning was declared for today, and all offices and educational
institutions will remain closed in Punjab. Sub Divisional Magistrate Rajesh
Sharma said 61 people, including women and children, have died and at least
72 injured have been admitted to Amritsar hospital.
The local passenger train, 74943 DMU, was coming from Pathankot. The
CPRO (Northern) said, "As per initial information, the incident took place at
gate number 27 between Amritsar and Manawala. As Dusshera celebrations
and Raavan Dahan was taking place, some incident had occurred and people
started rushing towards closed gate number 27 while the DMU train number
74943 was passing the closed gate. Further information is being collected."
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Acts and Laws
"There are more than 50 casualties. The injured have been rushed to the
hospital and passengers are being evacuated," police said after the accident.
Anger and sorrow filled the air as people ran to look for their near and dear
ones. "I have lost my child. I want him back," said an inconsolable woman. A
local resident claimed they have been requesting the authorities and their
representatives in legislatures to talk with the railways and make sure trains are
slowed down near this section of the track during Dussehra. "But no one has
listened," he lamented. "The driver didn't blow the horn," alleged one of the
witnesses.
People shouted slogans against local MLA and wife of Punjab minister Navjot
Singh Sidhu, Navjot Kaur Sidhu, who was present as chief guest during the
event, alleging she left the venue after the accident. She, however, said she had
left the place before the accident took place and rushed to the hospital the
moment she came to know of it. She said the railways should have ensured that
trains slow down near that section of the track during Dussehra celebrations.
"Every year, Dussehra celebrations take place there," she said, as opposition
parties raised questions about permission for holding the programme near the
railway tracks.
Amid the political bickering, all major parties, including the BJP, Congress and
AAP, also asked their local party workers to help in relief work.
Punjab Chief Minister Amarinder Singh, who was scheduled to leave for Israel
on Friday postponed his five-day visit to Israel and will visit Amritsar today.
Singh tweeted, "Shocked to hear of tragic rail accident in Amritsar. He asked
all government and private hospitals to stay open to help in this hour of grief.
District authorities have been directed to take up relief and rescue operations
on a war footing." He announced the compensation of Rs five lakh each to the
kin of the deceased. Singh set up a Crisis Management Group to monitor the
relief and rehabilitation efforts in the wake of the accident. The group, led by
Health Minister Brahm Mohindra and comprising Revenue Minister
Sukhbinder Singh Sarkaria and Technical Education Minister Charanjit Singh
Channi immediately rushed to the accident site to assess and tackle the
situation.
Questions:
a) Analyze the situation and explore the ways and means to prevent
such incidents to reoccur.
b) In your view, who should be made responsible legally for the
incident: (a) railway authorities (b) Local revenue department (c)
Police department (d) The state and local Government officials (e)
Organizers and sponsors of the program. Justify your answer.
c) Discuss the roles of the above four departments/personnel and the
failures of these people.
d) Do you think the steps and measures taken by the Chief Minister
and officials are sufficient? Discuss.
37
e) The local MLA and wife of Punjab Minister Navjot Singh Sidhu,
Navjot Kaur Sidhu said, “the railways should have ensured that
trains slow down near that section of the track during Dussehra
celebrations”. "Every year, Dussehra celebrations take place there,"
she said, as opposition parties raised questions about permission for
holding the programme near the railway tracks. Do you support or
oppose this statement? Give your argument with reference to the
legal provisions applicable to the situation.
1.10 LET US SUM UP
This unit describes the importance of safety in work areas and various
provisions made by the Indian Government through various acts and laws. The
four pillars of safety management (Safety Organization, Safety Legislation,
Safety Training and Safety Audit) are discussed of which the three are
elaborated (Audit is discussed in Unit-3 under Licensing and Registration).
Various acts that are embodied in the Indian Constitution are conceptualized
along with the articles and main provisions under the acts such as Trade
Unions Act-1926, Industrial Disputes Act-1947, ESI Act -1948, Minimum
Wages Act-1948, Factories Act-1948, and so forth.
1.11 KEY WORDS
1. Hazard: A dangerous condition or event that can have the potential to

cause injuries, or life threatening accidents or can damage property or
the environment.
2. Accident: an undesirable, unanticipated and unintentional injury or
event that could have been prevented and acted upon, prior to its
occurrence.
3. Industrial hygiene: Industrial hygiene is the science of protecting
and enhancing the health and safety of people at work and in their
communities. Health and safety hazards cover a wide range of chemical,
physical, biological and ergonomic
4. Health dynamics: a dynamic state of wellbeing characterized by a
physical, mental and social state of persons , which satisfies the
demands of a life commensurate with age, culture, and personal
responsibility.
5. Ergonomics: the scientific study of people's efficiency in their working
environment (Ergo = work; Nomos = Natural laws or norms) .
6. Labour legislation: The body of laws which deal with employment
and non-employment, wages, working conditions, industrial relations,
social security and labour welfare of industrially employed persons.
7. Industrial hazards: any condition produced by industries that may
cause injury or death to personnel or loss of product or property.
8. Risk management: The process of identifying, assessing and
mitigating all type of threats to an organization’s stability, capital and
earnings.
9. The 4-Pillars of Safety Design: Safety Organization, Safety Training,
Safety Legislation and Safety Audit
38
Acts and Laws
10. Safety Organization: The well defined, efficient and effective
structure of people and infrastructure to ensure safety, security. and
rhythm of operations.
11. Safety Training: Regular training programs and drills to accomplish
all safety precautions that are imperative.
12. Safety Legislation: The appropriate laws and acts that the government
makes for industrial safety and compensation.
13. Safety Audit: a comprehensive information collecting mechanism with
regard to the safety practices being followed in an industry to confirm
that the industry is in compliance with the statutory safety regulations
and that the workmen work there with the desired level of peace of
mind.
14. Dies-non: It is a period which neither counted in service nor
considered as break in service. A person can be marked dies-non, if
absent without proper permission, or left without proper permission
while on duty or while in office but refused to perform duties
15. No Work-No Pay: In case of willful and unauthorized absence from
work, the leave sanctioning authority may decide and order that the
days on which the work is not performed be treated as dies non-on the
principle of no work no pay.
16. Constitutional rights: The statutory and legal privileges provided by
Constitution of India
17. Labour Rights: From 1950, articles 14-16, 19(1)(c), 23-24, 38, and
41-43A directly concern labour rights.
IMPORTANT LABOUR LEGISLATION (INDIA) AT A GLANCE
1. Caste Disabilities Removal Act 1850: (by British India under East
India Company Rule) everyone should be equal before the law and
should not discriminate against citizens, and extends a right of
"equality of opportunity" for employment or appointment under the
state.
2. The Workmen's Compensation Act 1923: compensation is paid if
workers are injured in the course of employment for injuries, or
benefits to dependents.
3. The Trade Unions Act 1926: (amended in 2001) contains rules on
governance and general rights of trade unions.
4. The Payment of Wages Act 1936: payment of wages, on time, and
without any unauthorized deductions.
5. Weekly Holidays Act 1942: provides for the grant of weekly holidays
to persons employed in shops, restaurants and theatres and is applied to
entire India
6. The Industrial Employment (Standing Orders) Act 1946: says
working hours, leave, productivity goals, dismissal procedures or
worker classifications.
7. The Industrial Disputes Act 1947: provides measures for securing
amity and good relations between the employer and workmen and, to
that end to comment upon matters of their common interest or concern
and endeavour to compose any material difference of opinion in respect
of such matters.
39
8. The Minimum Wages Act 1948 sets minimum wages for the different
economic sectors that it states it will cover.
9. The Employees' State Insurance Act 1948: provides health and social
security insurance and medical assistance.
10. The Factories Act 1948: (Amended in 1987) formulates national
policies in India with respect to occupational safety and health in
factories and docks in India and deals with various problems
concerning safety, health, efficiency and well-being of the persons at
work places.
11. The Employees’ Provident Funds and Miscellaneous Provisions Act,
1952: provides for compulsory contributory fund for the future of an
employee after retirement or for dependents in case of employee's early
death. (J&K excluded)
12. The Maternity Benefit Act 1961: creates rights to payments of
maternity benefits for any woman employee who worked in any
establishment for a period of at least 80 days during the 12 months
immediately preceding the date of her expected delivery. (On March 30,
2017 Amended for 26-weeks).
13. The Payment of Bonus Act 1965: applies only to enterprises with over
20 people, requires bonuses are paid out of profits based on
productivity (minimum is currently 8.33% of salary).
14. Beedi and Cigar Workers (Conditions of Employment) Act 1966:
for welfare of the workers in beedi and cigar establishments and to
regulate the conditions of their work and for matters connected
therewith.
15. The Contract Labour (Regulation and Abolition) Act
1970: regulates employment of contract labour so as to place it at par
with labour employed directly.
16. The Payment of Gratuity Act 1972: establishments with 10 or more
workers should pay Gratuity to the employee if he/she resigns or retires.
(mandates at the rate of 15 days salary of the employee for each
completed year of service subject to a maximum of Rs. 2000000).
17. The Equal Remuneration Act 1976: Equal pay for equal work
as labour rights that individuals in the same workplace be given equal
pay, most commonly used in the context of sexual discrimination, (i.e.
the gender pay gap) with respect to the full range of payments and
benefits, including basic pay, non-salary payments, bonuses and
allowances.
18. Interstate Migrant Workmen Act 1979: provides social security to
migrated workers and vulnerable groups
19. The Juvenile Justice (Care and Protection of Children) Act –
2000: provides a special approach towards the prevention and
treatment of juvenile delinquency and provides a framework for the
protection, treatment and rehabilitation of children in the purview of
the juvenile justice system (amended in 2006 and 2010).
20. The Criminal Law (Amendment) Act, 2013 or Nirbhaya Act-
2013: provides (amendment of IPC, Indian Evidence Act) Code of
Criminal Procedure, 1973 on laws related to sexual offenses.
40
Acts and Laws
IMPORTANT ARTICLES IN INDIAN LEGISLATION
1. Article 14: states everyone should be equal before the law,
2. Article 15: specifically says the state should not discriminate against
citizens,
3. Article 16: extends a right of "equality of opportunity" for employment
or appointment under the state.
4. Article 19(1)(c): gives everyone an enforceable right "to form
associations or unions".
5. Article 23: prohibits all trafficking and forced labour,
6. Article 24: prohibits child labour under 14 years old in a factory, mine
or "any other hazardous employment".
7. Article 38(1): says that in general the state should "strive to promote
the welfare of the people" with a "social order in which justice, social,
economic and political, shall inform all the institutions of national life.
8. Article 38(2): it goes on to say the state should "minimize
the inequalities in income" and based on all other statuses.
9. Article 39(d): of the Constitution provides that men and women should
receive equal pay for equal work.
10. Article 41: creates a "right to work", which the National Rural
Employment Guarantee Act 2005 attempts to put into practice.
11. Article 42: requires the state to "make provision for securing just and
human conditions of work and for maternity relief".
12. Article 43: says workers should have the right to a living wage and
"conditions of work ensuring a decent standard of life".
13. Article 43A: inserted by the Forty-second Amendment of the
Constitution of India in 1976, creates a constitutional right
to codetermination by requiring the state to legislate to "secure the
participation of workers in the management of undertakings".
1.12 ANSWER TO SAQs
Refer the relevant preceding text in the unit or other useful books on the topic
listed in the section “Further Reading” given at the end of the block to get the
answers of the self assessment questions.
41
42
UNIT 2 DUTIES AND RESPONSIBILITIES OF
OCCUPIER AND FACTORY MANAGER
Structure
2.1 Introduction
Objectives
2.2 The Overview of Factories Act – 1948
2.2.1 The Jargon of Factories Act -1948
2.2.2 The History of Factories Act -1948
2.2.3 Amendments in the Factories Act - 1948
2.3 Concept and Meaning of ‘Occupier’
2.4 Duties and Responsibilities of the Occupier
2.5 The Obligations of an Occupier
2.5.1 Notice by Occupier (Sec. 7)
2.5.2 The Obligations as per Factories Act – 1948
2.5.3 General Provisions to be Obliged by Occupier
2.5.4 Provisions Relating to Hazardous Processes in Factories
2.5.5 Penal Provisions
2.6 Factory Manager Job Responsibilities
2.7 Provisions Under Factories Act – 1948
2.7.1 Regarding the Health of Workers
2.7.2 Provisions Regarding the Safety of Workers
2.7.3 Provisions Regarding the Welfare of Workers
2.8 Other Provisions of the Factories Act
2.9 Penalties and Procedures
2.9.1 Appeals
2.9.2 Notice
2.9.3 Returns
2.10 Obligations of Workers
2.11 Case Study
2.12 Let Us Sum Up
2.13 Key Words
2.14 Answers to SAQ’s
2.1 INTRODUCTION
The duties, responsibilities and the obligations of an occupier, factory manager

and the workers are clearly mentioned in the Factories Act – 1948. No other
act (in India) has covered all the details of the functions, activities and
explanations that are required to maintain, monitor and control a factory.
The main idea behind framing the Indian Factories Act was to standardize the
working conditions in factories to regulate health, safety, welfare,
leave/holidays and also to enact special provisions in respect of young persons,
women and children, who work in the factories.
Objectives
After studying this unit, you should be able to
 explain all the terms and how they are meant under legal premises
 discuss the functions involved in a factory and establishments along
with their bounds and limits
 describe the duties and responsibilities of an occupier
 narrate the functions of an occupier or/and manager with reference to
the safety, welfare, facilities and amenities including working hours
43
 appreciate the functions of a factory manager along with the authority

boundaries
 discuss the responsibilities of workers.
2.2 THE OVERVIEW OF FACTORIES ACT – 1948
To have a clear understanding of the Factories Act and also about the
implementation of the same, one should know the duties and responsibilities of
the occupier and the factory manager. To accomplish this, one must be aware
and well acquainted with the history, terminology and jargon used in the act,
otherwise his / her perception about the key positions of a factory will neither
be complete nor perfect. We shall therefore, have a quick review of the act with
the relevant terms in the section to follow.
2.2.1 The Jargon of Factories Act – 1948
The following are some important terms defined under the Factories Act –
1948
1. Factory
The term Factory is defined in Section 2 (m) of the Act as follows:
"Factory means any premises including the precincts thereof.
whereon ten or more workers are working, or were working on any day of the
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
whereon twenty or more workers are working, or were working on any day of
the preceding twelve (12) 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, but does not include a mine subject to the operation of the Indian Mines
Act, 1952 (Act XXXV of 1952), or a mobile unit belonging to the armed
forces of the Union, a railway running shed or a hotel, restaurant or eating
place.
Explanation.
For computing the number of workers for the purposes of this clause all the
workers in different relays in a day shall be taken into account [Clause 2(m) as
amended in 1976]. Under Section 85, the State Government is empowered to
declare any establishment carrying on a manufacturing process to be a factory
for the purposes of the Act even though it employs less than the prescribed
minimum number of workers, provided that the manufacturing process is not
being carried on by the owner only with the aid of his family.
Summary
From Sec. 2(m) of the Act it follows that all establishment comes within the
definition of a Factory if the conditions stated below are satisfied:
It is a place where a "manufacturing process" is carried on.
It employs the prescribed minimum number of "workers" viz., ten if "'power"
is used, and twenty if no "power" is used. It is sufficient if the prescribed
number of workers were employed on any day of the preceding twelve months.
It is not a mine coming within the purview of the Indian Mines Act of 1952, a
railway running shed, mobile unit belonging to the armed forces of the Union,
a hotel, restaurant or eating place.
44
Duties and Responsibilities of
Occupier and Factory Manager
2. Manufacturing Process
This term is defined in Section 2(k) in a very wide sense. It includes:
making, altering, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing, or otherwise treating or adopting any article or
substance with a view to its use, sale, transport, delivery or disposal; or
pumping oil, water, sewage or any other substance; or
generating, transforming or transmitting power; or
composing types for printing, printing by letter press, lithography,
photogravure or other similar processes or book binding; or
constructing, reconstructing, repairing, refitting, finishing or breaking up ships
or vessels;
For the corresponding section of the English Act, it was held that the different
processes numerated in the clauses are merely illustrative so that laundries,
carpet beating, or bottle washing works come within the Act, if mechanical
power is used.
The following undertakings also come under manufacturing processes
bidi-making;
conversion of raw-films into finished products;
the preparation of eatables in the kitchen of a restaurant;
use of a refrigerator for adapting any article with a view to its sale
The scraping out of salt and grading them, even though done by, manual labour,
is a manufacturing process.
3. Worker
"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". -Sec. 2(1), as
amended in 1976.
Explanation
Worker means any person engaged in any work connected with or incidental to
a manufacturing process. Thus the definition is wide. The term includes
persons engaged directly and, also those who are engaged through an agency
(including a contractor with or without the knowledge of the principal
employer). The term includes clerical workers and persons paid by piece rates
in a factory.
The term 'worker' does not include any member of the armed forces of Union.
In case of a factory worker there must be a relationship between the employer
and the employed. Apprentices, whether remunerated or not, are workers
within the meaning of the Act.
4. Power
"Power means electrical energy or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency".
Sec. 2(g).
45
5. Prime mover
"Prime mover means any engine, motor or other appliance which generates or
otherwise provides power." -Sec. 2(h).
6. Transmission machinery
"Transmission machinery means any shaft, wheel, gear train, drum pulley,
system of pulleys, coupling, clutch, driving belt or other appliance or device by
which the motion of a prime mover is transmitted to or received by any
machinery or appliance". -Sec. 2(i).
7. Machinery
"Machinery includes prime movers, transmission machinery and all other
appliances whereby power is generated, transformed, transmitted or applied".
Sec. 2(j).
8. Adult
"Adult means a person who has completed his eighteenth year of age". -Sec.
2(a).
9. Adolescent
"Adolescent means a person who has completed his fifteenth year of age but
has not completed his eighteenth year". -Sec. 2(b).
10. Child
''Child means a person who has not completed his fifteenth year of age". -Sec.
2(c)
11. Young Person
"Young Person means a person who is either a child or an adolescent". -Sec.
2(d).
12. Calendar Year
"Calendar Year means the period of twelve months beginning with the first day
of January in any year". -Sec. 2(dd).
13. Day
"Day means a period of twenty four hours beginning at midnight." -Sec. 2(e).
References to the time of the day in the Act are to the Indian Standard Time.
In areas where the I.S.T. is not observed, the State Government can by rules
define the local mean time. -Sec. 3.
14. Week
"Week means a period of seven (7) days beginning 'at midnight on Saturday
night or such other night as may be approved in writing, at a particular area by
the Chief Inspector of Factories." -Sec. 2(f).
15. Shift and Relay
Where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a
"relay" and each of such periods is called a "shift". -Sec. 2(r).
46
16. Occupier
"Occupier" of a factory means the person who has ultimate control over the
affairs of the factory, and where the said affairs are entrusted to a managing
agent, such agent shall be deemed to be the occupier of the factory. -Sec. 2(n).
The Act imposes several duties, obligations and responsibilities on the
occupier of the factory.
2.2.2 The History of Factories Act – 1948
Production of goods is an integral part of the economy of a country. Needless to
say that anything related to production is also very important for the economy of
the country.
As an obvious extension of the above, a factory, where these goods are produced,
is an essential part of the economy too. Large factories are even more important
for the economy of any country.
If the historical facts are taken into consideration with regard to the industrial
scenario of our country, it could be observed that there was a steady increase in
the number of large scale factory/industry in India since the second half of the
nineteenth century.
Appreciating the importance of maintaining proper working environment in
these factories, Major Moore, Inspector-in-Chief of the Bombay Cotton
Department, in his Report in 1872-73 emphasized the necessity of the
provision of legislation to regulate the working condition in factories.
Consequently, the first Factories act was enacted in 1881.
Since then the act has been amended on many occasions. To be precise, it was
amended in 1891, 1911, 1922 and then in 1934.
The Factories Act 1934 was passed replacing all the previous legislation in
regard to factories. This act was drafted in keeping with the recommendations
of the Royal Commission on Labour.
However, the experience of working of the Factories Act, 1934 did reveal a
number of defects and weakness, which had hampered effective administration
of the Act, necessitating a large scale revision of the act to extend its protective
provisions to the large number of smaller industrial establishments also.
Therefore, the Factories Act, 1948 consolidating and amending the law relating
to labour in factories, in a comprehensive manner was passed by the
Constituent Assembly on August 28, 1948. The Factories Act, 1948 received
the assent of Governor General of India on 23 September 1948 and came into
force on April 1, 1949. It applies to factories, as defined in the Act, all over
India, including the State of Jammu and Kashmir.
The Act of 1948 is more comprehensive than the previous Acts. It contains
detailed provisions regarding the health, safety and welfare of workers inside
factories, the hours of work, minimum age of the workers, leave with pay etc.
The Act has been amended several times. The Act is based on the provisions of
the Factories Act of Great Britain passed in 1937. In 1976 the Act was
amended extensively. (The provisions of the Amendment have been quoted and
summarized at the appropriate places in this unit).
Unless otherwise provided, the Factories Act applies to factories belonging to
the Central or any State Government (Sec. 116).
47
 Applicability of Factories Act, 1948

The Act is applicable to any factory whereon ten or more workers are
working, or were working on any day of the 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 whereon twenty
or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing
carried on; but this does not include a mine, or a mobile unit belonging
to the armed forces of the union, a railway running shed or a hotel,
restaurant or eating place.
 Importance of Factories Act, 1948
The Factories Act, 1948 is a beneficial legislation. The aim and object
of the Act is essentially to safeguard the interests of workers, stop their
exploitation and take care of their safety, hygiene and welfare at their
places of work. It casts various obligations, duties and responsibilities
on the occupier of a factory and also on the factory manager. Various
amendments to the Act and court decisions have further extended the
nature and scope of the concept of occupier, especially vis-a-vis
hazardous processes in factories.
2.2.3 Amendments in the Factories Act - 1948
The Factories Act, 1948 is a beneficial legislation. The aim and object of the
Act is essentially to safeguard the interests of workers, stop their exploitation
and take care of their safety, hygiene and welfare at their places of work. It is
very specific about various obligations, duties and responsibilities on the
occupier of a factory. Amendments to the Act and court decisions have further
extended the nature and scope of the concept of occupier, especially vis-a-vis
hazardous processes in factories.
Proviso (ii) was introduced by the Amending Act couched in a mandatory form
– “any one of the directors shall be deemed to be the occupier” - based on the
experience gained over the years as to how the directors of a company
managed to escape their liability for various breaches and defaults committed
in the factory by putting up another employee as a shield and nominating him
as the ‘occupier’ who would willingly suffer penalty and punishment.
It was held that where the company owns or runs a factory, it is the company
which is in the ultimate control of the affairs of the factory through its directors.
Even where the resolution of the board says that an officer or employee other
than one of the directors shall have ultimate control over the affairs of the
factory, it would only be a camouflage or an artful circumvention because the
ultimate control cannot be transferred from that of the company to one of its
employees or officers, except where there is a complete transfer of the control
of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of
its directors who shall be so notified for the purposes of the Factories Act.
Such an occupier cannot be any other employee of the company or the factory.
This interpretation of an òccupier' would apply to all provisions of the Act
wherever the expression òccupier' is used, and not merely for the purposes of
Sec. 7 or Sec. 7A of the Act.
The Supreme Court further held that proviso (ii) is not ultra vires the main
provision of Sec. 2(n) and, as a matter of fact, there is no conflict at all
48
between the main provision of Sec. 2(n) and proviso (ii) thereto. Both can be
read harmoniously and when so read in the case of a company, the occupier of
a factory owned by a company would mean any one of the directors of the
company who has been notified/ identified by the company to have ultimate
control over the affairs of the factory. And where no such director has been
identified, then, for the purposes of prosecution and punishment under the Act,
the Inspector of Factories may initiate proceedings against anyone of the
directors as the deemed occupier.
The restriction imposed by proviso (ii), if at all it may be called a restriction,
has a direct nexus with the object sought to be achieved and is, therefore, a
reasonable restriction within the meaning of clause (6) of Article 19. Proviso
(ii) to Sec. 2 (n) is thus not ultra vires Article 19(1)(g) of the Constitution.
In another Supreme Court case, Indian Oil Corporation vs Chief inspector of
Factories [1998(4) SCALE 116], it was observed that it is the Government
which looks after the successful implementation of the Factories Act and,
therefore, it is not likely to evade its implementation. That appears to be the
reason why the legislature thought it fit to make a separate provision for the
Government and local authorities, and so on. The legislature has provided that
in the case of a factory owned or controlled by any of these authorities the
person or persons appointed to manage the affairs of the factory shall be
deemed to be the occupier. Therefore, if it is a case of a factory, in fact and in
reality, owned or controlled by the Central Government or other authority, the
person or persons appointed to manage the affairs of the factory shall have to
be deemed to be the occupier even though for better management of such a
factory, a corporate form is adopted by the Government.
It was held in the case that the relevant provisions regarding the establishment
of the appellant corporation and its working leave no doubt that the “ultimate
control” over all the affairs of the corporation, including opening and running
of the factories, is with the Central Government. Acting through the
corporation is only a method employed by the Central Government for running
its petroleum industry. In the context of Sec. 2(n), it will have to be held that
all the activities of the corporation are really carried on by the Central
Government with a corporate mask.
SAQ 1
a) Define the terms Factory, Manufacturing Process and Worker
according to the Factories Act – 1948 and explain them.
b) Give a brief history of establishment of Factories Act – 1948 in
India.
c) What do you understand by the terms power, machinery,
transmission machinery and prime mover according to Factories
Act – 1948?
d) Define the terms adult, adolescent, child and young person as
described by the Factories Act – 1948.
e) Define the terms shift, day, week, and calendar year as described
by the Factories Act – 1948.
f) What are amendments made in the Factories Act – 1948?
Discuss.
49
2.3 CONCEPT AND MEANING OF ‘OCCUPIER’
The definition of òccupier' has a long history. The amendment of 1987 made
significant changes in it and Section-100 of the Act was deleted. A stricter
provision in Sec. 2(n) was introduced by incorporating the first proviso that
has been made in a mandatory form.
Section 2(n) of the Factories Act, 1948 defines “Occupier” as follows:
"Occupier" of a factory means the person who has ultimate control over the
affairs of the factory
Provided that-
 in the case of a firm or other association of individuals, any one of the
individual partners or members thereof shall be deemed to be the
occupier;
 in the case of a company, any one of the directors shall be deemed to
be the occupier;
 in the case of a factory owned or controlled by the Central Government
or any State Government, or any local authority, the person or persons
appointed to manage the affairs of the factory by the Central
Government, the State Government or the local authority, as the case
may be, shall be deemed to be the occupier.
Provided further that in the case of a ship being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire:
 the owner of the dock shall be deemed to be the occupier for the
purposes of any matter provided by or under
 Sec. 6 (approval, licensing and registration of factories);
 Sec. 7 (notice by occupier);
 Sec. 7A (general duties of the occupier);
 Sec. 7B (general duties of manufacturers, and so on);
 Sec. 11 (cleanliness in a factory); or
 Sec. 12 (effective arrangements for the treatment of wastes and
effluents);
 Sec. 17, in so far as it relates to the providing and maintenance of
sufficient and suitable lighting in or around the dock;
 Sec. 18 (effective arrangements for drinking water);
 Sec. 19 (provision of latrines and urinals);
 Sec. 42 (provision of washing facilities);
 Sec. 46 (provision of canteens);
 Sec. 47 (shelters, rest rooms and lunch rooms); or
 Sec. 49 (employment of welfare officers) in relation to workers
employed on such repair or maintenance;
50
 the owner of the ship or his agent or master or other officer-in-charge
of the ship or any person who contracts with such owner, agent or
master or other officer-in-charge to carry out the repair or maintenance
work shall be deemed to be the occupier for the purposes of any matter
provided for by, or under
 Sec. 13 (provision of adequate ventilation and temperature to
secure reasonable conditions of comfort and to prevent injury to
health);
 Sec. 14 (prevention of inhalation and accumulation of dust and
fumes);
 Sec. 16 (prevention of over-crowding), or
 Sec. 17 (provision of lighting arrangements), or provisions
relating to safety, or
 Sec. 43 (facilities for storing and drying clothing),
 Sec. 44 (facilities for sitting), or
 Sec. 45 (provision of first-aid appliances), provisions relating to
working hours of adults, employment of young persons, annual
leave with wages, or special provisions relating to compliance of
rules laid down by the government, or Sec.
 108 (display of notices);
 Sec. 109 (service of notices on owners, occupiers or managers of
factories), or
 Sec. 110 (submission of returns) in relation to the workers
employed directly by him, or by or through any agency; and the
machinery, plant or premises in use for the purpose of carrying
out such repair or maintenance work by such owner, agent, master
or other officer-in-charge or person.
2.4 DUTIES AND RESPONSIBILITIES OF THE

OCCUPIER
In the landmark case of J. K. Industries Ltd Vs Chief Inspector of Fisheries and

Boilers [1996 (7) SCALE 247], the Supreme Court observed that by the
Amending Act, 1987, the legislature wanted to bring in a sense of
responsibility in the minds of those who have the ultimate control over the
affairs of the factory so that they take proper care for the maintenance of the
factories and the safety measures therein. The fear of penalty and punishment
is bound to make the board of directors of the company more vigilant and
responsive to the need to carry out various obligations and duties under the Act,
particularly in regard to the safety and welfare of the workers.
The General Responsibilities of Occupier under the Factories Act – 1948
 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.
 Without prejudice to the generality of the provisions of sub-section (1),
the matters to which such responsibility extends, shall include-
51
 the provision and maintenance of plant and systems of work in

the factory that are safe and without risks to health;
 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;
 the provision of such information, instruction, training and
supervision as are necessary to ensure the health and safety of all
workers at work;
 the maintenance of all places of work in the factory in a condition
that is safe and 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;
 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.
 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.
The Duties of Occupier under Factories Act, 1948
General
 To ensure the health, safety and welfare of all workers while they
are at work in the factory.
 To provide and maintain the plant and systems of work in the
factory that are safe and without risk to health of the workers.
 To provide arrangements in the factory for ensuring safety and
absence of risk to health in connection with the use, handling,
storage and transport of articles and substances
 To provide such information, instruction, training and supervision
as are necessary to ensure the health and safety of all workers at
work.
 To maintain all places of work in the factory in a condition that is
safe and without risks to health and to provide and maintain such
means of access to, and egress from, such places as are safe and
without such risks.
 To provide, maintain or monitor such working environment in the
factory for the workers that is safe, without risk to health and
adequate as regards facilities and arrangements for their welfare at
work.
 To prepare a written statement of his general policy with respect to
the health and safety of the workers at work and the organization
and arrangements in force for carrying out that policy.
52
Health
i. To provide a clean, well ventilated, well illuminated healthy
working environment to all workers, to provide adequate drinking
water & facilities like latrines, urinals etc.
ii. To maintain and monitor health of all workers by providing them a
healthy, clean, dust/chemical free working environment, by
providing them suitable personal protective wears, by carrying out
medical examination, by monitoring the work environment etc.
Welfare and Wages
 To provide welfare facilities like lunch rooms, canteen, crèche,
washing facilities, first-aid appliances etc. to all workers.
 To maintain the required level of hygiene and cleanliness at the
canteen, lunch room, washrooms etc.
 To provide leave with wages facility, to pay overtime wages, to
observe working timing restrictions regarding all workers.
 Not to employ child workers in the factory. [A child means a male
or female human being below the age of 18 years].
Safety
 To provide safe working environment to all workers by providing
proper safeguards to dangerous parts of machines, by displaying
list of Dos & Don’ts in as much areas as possible in the factory
premises, by providing safety items / safety kits e.g. safety shoes,
hand gloves, helmets etc. to the workers depending on the nature of
their work, by training the workers in safe operating procedures, by
providing adequate information about the hazardous properties of
the chemicals and process, by providing proper safety systems in
the plant such as pressure/temperature, controllers, interlocks,
safety valves, by providing flame proof electrical fitting in case of
handling of flammable chemicals etc.
 To get the lifting machines, tackles and pressure plants examined
by a competent person, to provide proper fire fighting
arrangements etc.
Hazardous Factories
 Occupier of the factory involving a hazardous process shall
disclose all the information regarding dangers, including health
hazards and the measures to overcome such hazards.
 To maintain accurate and up-to-date health record of the workers,
to form a safety committee, to carry out safety studies such as
safety report, safety audit, risk analysis etc., to prepare onsite
emergency control plan.
[For further details: Refe-65/5r the Provisions of Factories Act 1948
and Maharashtra Factories Rules 1963].
53
SAQ 2
a) Who is an occupier according to the Factories Act – 1948? Explain
the concept of ‘Occupier’ clearly.
b) What are the general responsibilities of an occupier according to the
Factories Act -1948?
c) Enumerate the duties of an occupier according to the Factories Act -
1948.
d) Discuss the role of an occupier in case of health and safety,
particularly in hazardous factories.
e) Describe the specific duties of an occupier in maintaining the
welfare and wages.
2.5 THE OBLIGATIONS OF AN OCCUPIER
The provisions made for various situations both general as well as hazardous
processes are also clearly mentioned under the Act at appropriate sections,
some important ones of which are given below.
2.5.1 Notice by Occupier (Sec. 7)
The occupier shall, at least 15 days before beginning to occupy or use any
premises as a factory and at least 30 days before the date of resumption of
work in case of seasonal factories (factories working for less than 180 days in a
year), send to the Chief Inspector a written notice containing:
 the name and situation of the factory;
 the name and address of the occupier;
 the name and address of the owner of the premises or building
(including the precincts thereof);
 the address to which communications relating to the factory may be
sent;
 the nature of the manufacturing process –
 carried on in the factory during the last 12 months in the case of
factories in existence on the date of the commencement of the Act;
and
 to be carried on in the factory during the next 12 months in the
case of all factories;
 the total rated horse power installed or to be installed in the factory,
which shall not include the rated horse power of any separate stand by
plant;
 the name of the manager of the factory for the purpose of this Act;
 the number of workers likely to be employed in the factory;
54
 the average number of workers per day employed during the last twelve
(12) months in the case of a factory in existence on the date of the
commencement of this Act; and
 such other particulars as may be prescribed.
 Whenever a new manager is appointed, the occupier shall send to the
Inspector a written notice with a copy to the Chief Inspector within
seven (7) days from the date on which such person takes over charge.
 During a period for which no person has been designated as manager
of a factory or when a person designated as manager does not manage
the factory, the occupier shall deemed to be the manager of the factory.
In the J. K. Industries Ltd case, the Supreme Court observed that the provisions
of Sec. 7 and 7A, when considered in the light of proviso (ii) to Sec. 2(n),
leave no manner of doubt that it is a statutory obligation under Sec. 7 of the
Act after 1987 to nominate the occupier before he/she occupies or begins to
use the premises to run the factory and, in the case of an existing factory, seek
the renewal of the license to continue to operate the factory. It is only when
this statutory requirement is fulfilled that the factory would be given the
license or its license shall be renewed in the case of existing factories.
Sec. 7A provides that 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.
2.5.2 The Obligations as per Factories Act – 1948
The obligations of the occupier shall include:
 the provision and maintenance of plant and systems of work in
the factory that are safe and without risks to health;
 the arrangement 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;
 the provision of such information, instruction, training and
supervision as are necessary to ensure the health and safety of all
workers at work;
 the maintenance of all places of work in the factory in a condition
that is safe and 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;
 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. 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 arrangement 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 (Sec. 7A).
2.5.3 General Provisions to be Obliged by the Occupier
55
 In every factory wherein 500 or more workers are ordinarily employed,

the employer shall employ in the factory prescribed number of welfare
officers (Sec. 49);
 The Chief Inspector, or the Director General of Factory Advice Service
and Labour Institute, or the Director General of Health to the
Government of India, or officers authorized by them may, after giving
a notice in writing to the occupier, undertake safety and occupational
health surveys. The occupier shall offer all facilities for such survey,
including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the
survey (Sec. 91A); and
 The occupier has to submit required returns, occasional or periodical,
to the prescribed authorities (Sec. 110).
2.5.4 Provisions Relating to Hazardous Processes in Factories
 The occupier of every factory involving a hazardous process shall
disclose all information regarding dangers, including health hazards,
and the measures to overcome such hazards arising from the exposure
to, or handling of, the materials or substances in the manufacture,
transportation, storage and other processes to the workers employed in
the factory, the Chief Inspector, the local authority within whose
jurisdiction the factory is situated, and the general public in the vicinity.
The information shall include accurate information as to the quantity,
specifications and other characteristics of wastes and the manner of
their disposal (Sec. 41B);
 The occupier shall, at the time of registering the factory involving a
hazardous process, lay down a detailed policy with respect to the health
and safety of the workers employed therein and intimate such policy to
the Chief Inspector and the local authority (Sec. 41B);
 Every occupier shall, with the approval of the Chief Inspector, draw up
an on-site emergency plan and detailed disaster-control measures for
his factory and make known to the workers employed therein and to the
general public living in the vicinity of the factory the safety measures
required to be taken in the event of an accident taking place (Sec. 41B);
 Every occupier of a factory shall within a period of 30 days before the
commencement of a hazardous process inform the Chief Inspector of
the nature and details of the process in the prescribed form and manner.
Contravention of the provision by the occupier may result in the license
of the factory liable for cancellation (Sec. 41B);
 The occupier of a factory involving a hazardous process shall, with the
previous approval of the Chief Inspector, lay down measures for the
handling, usage, transportation and storage of hazardous substances
inside the factory premises and the disposal of such substances outside
the factory premises and publicize them in the manner prescribed
among the workers and the general public living in the vicinity (Sec.
41B);
 Every occupier of a factory, involving any hazardous process, shall
 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
56
manufactured, stored, handled or transported, and such records
shall be accessible to the workers subject to such conditions as
may be prescribed;
 appoint persons who possess qualifications and experience in
handling hazardous substances and the competence to supervise
such handling within the factory [to provide: M/s. ARP
Consulting & Solutions www.arpconsulting.in at the working
place all the necessary facilities for protecting the workers in the
manner prescribed] (Sec. 41C);
 The occupier shall, in every factory where a hazardous process takes
place, or where hazardous substances are used or handled, set up a
safety committee consisting of equal number of representatives of
workers and management to promote cooperation between the worker
and the management in maintaining proper safety and health at work
and to review periodically the measures taken on the behalf (Sec. 41G);
and
 It shall be the duty of the occupier to take immediate remedial action if
he feels that the lives or health of the workers employed in any factory,
engaged in hazardous process may be endangered due to any accident
whatsoever. He shall also send a report of the action taken to the
nearest Inspector of Factories. If he is not satisfied about the existence
of any imminent danger as apprehended by the workers, he shall refer
the matter to the nearest Inspector of Factories whose decision on the
question of the existence of such imminent danger shall be final (Sec.
41H)
2.5.5 Penal Provisions
1. The occupier and manager shall each be guilty of an offence and
punishable with imprisonment for a term which may extend to two (2)
years or with fine which may extend to Rs. 1 lakh or with both for any
contravention of any of the provisions of the Act or any of the rules
made there under. In case the contravention is continued after
conviction, with a further fine which may extend to Rs. 1,000 for each
day during which the contravention so continues (Sec. 92).
2. Sec. 92 contemplates a joint liability of the occupier and the manager
for any offence committed irrespective of the fact as to who is directly
responsible for the offence.
3. In case the occupier is again guilty of an offence involving
contravention of an offence punishable under Sec. 92, he/she shall be
punishable on a subsequent conviction with imprisonment for a term
which may extend to three (3) years or with fine which shall not be less
than Rs. 10,000 but may extend to Rs. 2,00,000, or both (Sec. 94).
4. Sec. 95 lays down penalty of punishment with imprisonment for six (6)
months or fine of Rs. 10,000 or both for willfully obstructing an
Inspector in the exercise of any powers conferred on him by or under
this Act or failing to produce any registers and other documents to him
on demand or concealing or preventing any workers from appearing
before or being examined by the Inspector. [Ref: M/s. ARP Consulting
& Solutions www.arpconsulting.in]
5. Sec. 96A provides punishment with seven (7) years imprisonment or
fine which may extend to Rs. 2,00,000 for the non-compliance with, or
57
contravention of, any of the provisions of Sec. 41B, 41C or 41H or

rules made there under by any person. In case the failure or
contravention continues, with additional fine which may extend to Rs.
5,000 for every day during which such failure or contravention
continues after the contravention for the first such failure or
contravention. If such failure continues beyond a period of one year
after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to ten (10) years.
6. The court may, in addition to awarding any punishment, require the
occupier to take measures so specified for remedying the matters in
respect of which the offence was committed (Sec. 102).
7. Sec. 104A provides that the onus is on the person who is alleged to
have failed to comply with such duty to prove that he / she has taken all
measures or it was not reasonably practicable.
 Exemption of occupier from liability in certain cases where the
occupier is charged with an offence punishable under the Act, Sec.
101 entitles him / her to make a complaint and give not less than
three clear days notice to the prosecutor in writing, of his
intention to have any other person whom he / she charges as the
actual offender brought before the court at the time appointed for
hearing the charge.
 The occupier proves to the satisfaction of the court that he/she has
used due diligence to enforce the execution of the Act, and that
the said other person committed the offence in question without
his/her knowledge, consent or connivance, the occupier shall be
discharged from any liability under the Act.
 The legislature has taken care to dilute the rigour of Sec. 92 by
providing an exception to the strict liability rule by laying down a
third-party procedure in Sec. 101 of the Act. This section in a way
is an exception to the general rule and enables the occupier or the
manager of the factory to extricate himself / herself from
punishment by establishing that the actual offender is someone
else and giving satisfactory proof of facts as are contemplated by
Sec. 101.
 Under Sec. 101, a provision for three days advance notice to the
prosecutor has been added. After a complaint is made by the
Inspector of Factories against the manager or occupier under Sec.
92 of the Act for contravention of any of the provisions of the Act,
the manager or occupier is entitled to complain against the actual
offender before the court and if he/ she does so, the actual
offender is given a notice and brought before the court and the
trial then proceeds against both the persons complained against
because the section contemplates both sets of complaints (one
filed by the Inspector of Factories and the other by the manager or
the occupier) and both the accused (one as named by the
Inspector of Factories and the other as named by the manager or
occupier) being brought before the court at the same time.
 The carriage of proceedings is with the original complainant
(Inspector of Factories) and the onus also lies on him/ her of
proving that an offence has been committed. Both the parties
complained against (one by the Inspector and the other by the
58
manager or occupier) are entitled to cross-examine the
prosecution witnesses at this stage with evidence to disprove the
charge.
 If the prosecution fails to prove the offence, both of them would
be acquitted. However, if the offence is proved, then the trial
court shall record an order to that effect and manager shall be
afforded an opportunity to extricate himself/herself from the
liability, provided he/she can give satisfactory proof of the facts
required by Sec. 101.
 The onus of proof, at that stage, is shifted to the manager or the
occupier. He / she is entitled to call evidence as well as give
evidence himself / herself. The alleged actual offender would
have a right to cross-examine the manager or the occupier as the
case may be.
 Even where the occupier establishes that the actual offender is the
person named by him / her, he / she must still prove to the
satisfaction of the court that he / she had used due diligence to
enforce the execution of the Act and that the said other person
committed the offence in question without his / her knowledge,
consent or connivance. In the J. K. Industries Ltd case, the
Supreme Court held that in the scheme of Sec. 101
 that the occupier or manager should be relieved from liability
only if the actual offender could be brought to court
 the presence of the actual offender, on whom the burden has been
shifted by the occupier or the manager, would be necessary at the
time of trial; and - a period of three months has been prescribed
by the legislature within which the actual offender should
ordinarily be brought before the court by the process of law.
 If that cannot be done, the trial against the occupier or the
manager, as the case may be, cannot be allowed to be protracted
indefinitely and it is difficult to see how any fault can be found
with this provision.
 Sec. 117 provides that no suit, prosecution or other legal
proceeding shall lie against any person for anything which is done
or intended to be done in good faith under the Act.
 The section protects persons from unnecessary harassment for
acts done or intended to be done in good faith.
 The Supreme Court in State of Gujarat vs Kansara Manilal
Bhikalal observed that it is hardly possible to apply Sec. 117 to a
case in which the provisions of the Act or the rules made there
under are contravened by reason of sheer neglect on his part to
acquaint himself with the requirements of the law.
2.6 FACTORY MANAGER JOB RESPONSIBILITIES
 Factory managers have to plan production activities, production

meetings, machine maintaining schedules, worker schedules and
budget maintenance schedules and quality of products.
59
 The whole industrial production has to be managed by factory

managers, or they have to take care of all the features associated with a
particular department. The safety measures have to be followed.
 If there are any quality related issues, the factory managers have to find
out the reason and ensure that it is not repeated.
 A factory manger has to collaborate and meet with other managers of
the factory. Liaison with finance department, HR department, quality
control department, safety department are of much significance.
 Ensure that receiving and shipping schedules are maintained in strict
adherence to the target dates.
 See to it that the workers always abide by the safety rules associated
with the industry.
 They need to attend the scheduled corporate meetings and training.
 Conduct performance reviews of employees
A factory manager is typically the most senior manager in an industrial factory
or manufacturing plant, with responsibility for all the activities of the factory.
The factory manager's objectives are usually tied to the amount and quality of
the items that the factory is producing. Most factories are fast-moving places,
and some of them operate 24 hours a day. They contain offices as well as
assembly and production lines, so factory managers must have a wide variety
of skills.
The factory manager holds responsibilities mainly in four dimensions. These
are
 People
 Premises
 Processes
 Planning
We shall now discuss about these four dimensions in detail.
People
A factory manager has overall responsibility for all the people working on the
site, both in the offices and on the shop floor. He / She signs off on recruitment
and advises on any disciplinary issues. It is his / her responsibility to
communicate to staff and motivate them to achieve the factory targets. As
many factories form part of larger companies, the factory manager may have to
adhere to the corporate human resources policies. In this case, it would be part
of the manager's role to liaise with the central human resources function.
Premises
The factory manager is in charge of the building in which he / she and his / her
staff operate. In most manufacturing industries, health and safety are
paramount. Handling some materials or working with heavy machinery can be
very dangerous. It is vital for a senior manager to be answerable for assessing
risk and ensuring that appropriate health and safety procedures are in place and
applied rigorously.
60
Processes
Any form of manufacturing or production is a process. In most modern
factories, while some parts of the process are carried out by machines, other
parts are done by teams of people. The factory manager, in partnership with
supervisors and other managers, decides how to design those teams for optimal
performance. He / She also set targets and communicate progress so that teams
are motivated to deliver.
Importance of the factory manager increases manifold in case of continuous
process industries, where functions of different departments / shops are to be
synchronized to a great extent in order to maintain the rhythm of operation.
Planning
Key to the effective running of a factory is ensuring that there is no down time
and that everyone is working at a reasonable pace. Companies do not want to
pay staff to be standing around idly or working at half speed, resulting in
substantial wastage of manpower, one of the most important and costly
resources of any company. Therefore, factory managers must have an
immaculate plan to ensure optimum utilization of the staff and resources to
deliver orders on time, but not to be paying people to be there when there is no
work for them to do. They also need to schedule maintenance of the building
and equipment at times when they are not going to be needed to fulfill a major
order.
SAQ 3
a) Explain about the information to be furnished by the occupier for
giving a notice.
b) What are the obligations of occupier specified under Factories Act –
1948?
c) List out the general provisions to be obliged by the occupier.
d) Enumerate the provisions related to hazardous processes in the
factories.
e) List out the job responsibilities of a factory manager.
f) Explain the four dimensions of responsibilities that a factory
manager is required to discharge.
61
2.7 PROVISIONS UNDER FACTORIES ACT - 1948
The provision under the Factories Act, for the ease of understanding, can be
studied under the following heads as:
1. Health of the workers
2. Safety of the workers
3. Welfare of the workers
These are discussed here below:
2.7.1 Provisions Regarding the Health of Workers
Sections 11 to 20 of the Act contain certain provisions intended to ensure that
the conditions under which work is carried on in factories do not affect the
health of the workers adversely / injuriously.
Summary of the provisions of the Factories Act, relating to the health of
workers are stated below.
 Cleanliness: Every factory shall be kept clean and free from dirt and the
outflow of drains etc. The floors must be cleaned. Drainage shall be
provided. Inside walls, partitions and ceilings must be repainted at least
once in five years. When washable, water paint is used and they must
be painted once every three years and washed at least every period of
six months. -Sec. 11, as amended in 1976.
 Disposal of wastes and effluents: The waste materials produced from
the manufacturing process must be effectively disposed off. -Sec. 12.
 Ventilation and Temperature: There must be provision for adequate
ventilation by the circulation of fresh air: The temperature must be kept
at a comfortable level. Hot parts of machines must be separated and
insulated. -Sec. 13.
 Dust and Fume: If the manufacturing process used, gives off injurious
or offensive dust and fume, steps must be taken so that they are not
inhaled or accumulated. The exhaust fumes of internal combustion
engines must be conducted outside the factory. -Sec. 14.
 Artificial humidification: The water used for this purpose must be pure.
It must be, taken from some source of drinking water supply. The State
Government can frame rules regarding the process of humidification
etc. -Sec. 15. .
 Over Crowding: There must be no overcrowding in a factory. In
factories existing before the commencement of the Act there must be at
least 350 cft. (55 cubic metres) of space per worker. For factories built
afterwards, there must be at least 500 cft. (or 75 cubic metres) of space
per worker. In calculating the space, an account is to be taken of space
above 14 ft. (or 5 metres) from the floor. -Sec. 16.
 Lighting: Factories must be well lighted. Effective measures must be
adopted to prevent glare or formation of shadows which might cause
eyestrain. -sec. 17.
 Drinking water: Arrangements must be made to provide a sufficient
supply of wholesome drinking water. All supply' points of such water
must be marked "drinking water". No such points shall be within 20 ft.
(or 7.5 metres) of any latrine, washing place etc. Factories employing
62
more than 250 workers must cool the water during the hot weather. -
Sec. 18.
 Latrines and Urinals: Every factory must provide sufficient number of
latrines and urinals. There must be separate provision for male and
female workers. Latrine and urinals must be kept in a clean and
sanitary condition. In factories employing more than 250 workers, they
shall be of prescribed sanitary types. -sec. 19.
 Efforts should be there to keep the noise level in the factory premises
within the specified norms. Sound proof jackets / enclosure should be
used to the extent possible in case of high noise emitting machines such
as DG sets etc.
2.7.2 Provisions Regarding the Safety of Workers
Sections 21 to 40A, 40B and 41 of the Act lay down rules for the purpose of
securing the safety of workers. Summary of the provisions of the Factories Act
regarding the safety of the workers are stated below: (Sections 2l to 41).
 Fencing of machinery: All dangerous machinery must be securely
fenced e.g., moving parts of prime movers and flywheels connected to
every prime mover, electric generators, etc. -Sec. 2l.
 Work on or near machinery in motion: Work on or near machinery in
motion must be carried out only by specially trained adult male
workers wearing tightly fitting clothes. -Sec. 22.
 Employment of young person(s) on dangerous machines: No young
person shall work at any dangerous machine unless he has been
specially instructed as to the dangers and the precautions to be
observed and/or has received sufficient training about the work, and is
under the supervision of some person having thorough knowledge and
experience of the machine. -Sec. 23.
 Striking gear and devices for cutting off power: In every factory
suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom. -Sec.
24.
 Self-acting machines: Moving parts of a self-acting machine must not
be allowed to come within 45 cms, of any fixed structure which is not
part of the machine. -Sec. 25.
 Casing of new machinery: In all machinery installed after the
commencement of the Act, certain parts must be sunk, encased or
otherwise effectively guarded e.g. set screw, bolt, toothed gearing etc. -
sec. 26.
 Women and children near cotton Openers: Women and children must
not be allowed to work near cotton openers, except in certain cases. -
Sec. 27
 Hoists, lifts, chains etc: Every hoist and lift must be so constructed as
to be safe. There are detailed rules as to how such safety is to be
secured. There are similar provisions regarding lifting machines, chains,
ropes and lifting tackle. -Sec. 28. 29.
 Revolving machinery: Where grinding is carried on the maximum safe
working speed of every revolving machine connected therewith must
63
be notified. Steps must be taken to see that the safe speed is not
exceeded. -Sec. 30.
 Pressure plant: Where any operation is carried on at a pressure higher
than the atmospheric pressure, steps must be taken to ensure that the
safe working pressure is not exceeded. -sec. 31.
 Floors, stairs and means of access: All floors, steps, stairs, passage and
gangways shall be of sound construction and properly maintained.
Handrails shall be provided where necessary. Safe means of access
shall be provided to the place where the worker will carry on any work.
-Sec. 32.
 Pits, sumps, openings in floors etc.: Pits, Sumps, openings in floors etc.
must be securely covered or fenced. -Sec. 33.
 Excessive weights: No worker shall be made to carry a load so heavy
as to cause him injury. -Sec. 34.
 Protection of eyes: Effective screen or suitable goggles shall be
provided to protect the eyes of the worker from fragments thrown off in
course of any manufacturing process and from excessive light if any. -
Sec. 35.
 Precautions against dangerous fumes: No person shall be allowed to
enter any chamber, tank etc. where dangerous fumes are likely to be
present unless it is equipped with a manhole or other means of going
out. In such areas no portable electric light of more than 24 volts shall
be used. Only a lamp or light of flame proof construction can be used
in such space. For people entering such space suitable breathing
apparatus, revolving apparatus etc. shall be provided. Such places shall
be cooled by ventilation before any person is allowed to enter. -Secs. 36
and 36A.
 Explosive or inflammable gas etc.: Where a manufacturing process
produces / handles inflammable gas, dust, fume, etc. steps must be
taken to enclose the machine concerned, prevent the accumulation of
substances and exclude all possible sources of ignition. Extra
precautionary measures are to be taken where such substances are
worked at greater than the atmospheric pressure. -Sec. 37.
 Precaution in case of fire: Fire escapes shall be provided. Windows and
doors shall be constructed to open outwards. The means of exit in case
of the fire shall be clearly marked in red letters. Arrangements must be
made to give warning in case or fire. -sec. 38
 Specifications of defectives etc. and safety of buildings and machinery:
If any building or machine is in a defective or dangerous condition, the
inspector of factories can ask for the holding of tests to determine how
they can be made safe. He can also direct the adoption of the measure
necessary to make them safe. In case of immediate danger, the use of
the building or machine can be prohibited. -Secs. 39, 40.
 Maintenance of Buildings: If the Inspector of Factories thinks that any
building in a factory, or any part of it, is in such a state of disrepair that
it is likely to affect the health and welfare of the workers, he may serve
on the occupier or manager or both in writing specifying the measures
to be done before the specified date. -Sec. 40A.
64
 Safety Officers: The State Government may notify to the occupier to
employ a number of Safety Officers in a factory wherein one thousand
or more workers are ordinarily employed, or wherein any
manufacturing process or operation which involves the risk of bodily
injury, poisoning, disease or any other hazard to health of the persons
employed in the factory. -Sec. 40B.
 Rules: The State Government may make rules providing for the use of
such further devices for safety as may be necessary. -Sec. 41.
2.7.3 Provisions Regarding the Welfare of Workers
Summary of the provisions of the Factories Act regarding the welfare of
workers are stated below:
 Washing: In every factory adequate and suitable facilities for washing
shall be provided and maintained. They shall be conveniently
accessible and shall be kept clean. There must be separate provisions
for male and female workers. -Sec. 42.
 Storing and drying: The State Government may make rules requiring
the provision of suitable facilities for storing and drying clothing. -Sec.
43.
 Sitting: Sitting facilities must be provided for workers who have to
work in a standing position so that they may take rest when possible.
When work can be done in a sitting position efficiently the Chief
Inspector may direct the provision of sitting arrangements. -Sec. 44.
 First aid: Every factory must provide first aid boxes or cupboard. They
must contain the prescribed materials and they must be in charge of
persons trained in first aid treatment. Factories employing more than
500 persons must maintain an ambulance room containing the
prescribed equipment and in charge of the prescribed medical and
nursing staff. -Sec. 45.
 Canteens: Where more than 250 workers are employed, the state
Government may require the opening of canteen or canteens for
workers. Rules may be framed regarding the food served its
management etc. -Sec. 46.
 Shelters: In every factory where more than 150 workers are employed,
adequate and suitable shelters or rest rooms and a lunch room (with
drinking water supply) must be provided, where workers may eat meals
brought by them. Such rooms must be sufficiently lighted and
ventilated and must be maintained in a cool and clean condition. The
standards may be fixed by the State Government. -Sec. 47.
 Creches: In every factory where more than 30 women are employed, a
room shall be provided for the use of the children (below 6 years) of
such women. The room shall be of adequate size, well lighted and
ventilated, maintained in a clean and sanitary condition and shall be in
charge of a woman trained in the care of children and infants. The
standards shall be laid down by the State Government. -Sec. 48.
 Welfare officers: Welfare officers must be appointed in every factory
where 500 or more workers are employed. The State Government may
prescribe the duties, qualifications etc. of such officers. Sec. 49.
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 Rules: The State Government may make rules regarding the welfare of
workers.-Sec. 50.
SAQ 4
a) Describe the provisions specified under the Factories Act for
health of workers that an occupier has to provide.
b) What are the provisions specified under the Factories Act for
safety of workers that an occupier has to provide?
c) List out the provisions to be made by an occupier as specified
under the Factories Act for welfare of workers.
d) Discuss the welfare activities for which an occupier is held
responsible toward women employees.
2.8 OTHER PROVISIONS OF THE FACTORIES ACT
Let us now discuss about the other provisions of the Factories Act
Departments as Factories
The State Government may, upon application, declare that for the purposes of
the Act, different departments or branches of a factory shall be treated as
separate factories or that two or more factories of the occupier shall be treated
as the same factory. – Sec. 4.
Exemptions
Exemption during Public Emergency
Factories or any class of factories may be exempted from the operation of any
of the provisions of the Act during a public emergency (except that of Sec. 67,
employment of children) for such periods and subject to such conditions as the
Government may think fit. The exemption is to be made by notification in the
official Gazette for a period not exceeding three months at a time. -Sec. 5.
Explanation: For the purposes of this section 'public emergency' means a
grave emergency whereby the security of India or of any part of the territory
thereof is threatened, whether by war or external aggression or internal
disturbance.-Amendment of 1976.
Exemption of Public Institutions
The State Government may exempt subject to such conditions as it may
consider necessary, any workshop or workplace where a manufacturing
process is carried on and which is attached to a public institution maintained
for the purposes of education, training, research or reformation from all or any
of the provisions of the Act. But no exemption is to be granted from the
provisions relating to hours of work and holidays unless there is a scheme
relating to such matters containing rules not less favourable to the workers than
the provisions of the Act. -Sec. 86.
Dangerous Operations, Accidents and Diseases
The State Government is empowered to make special rules for the purpose of
controlling and regulating factories which carry on manufacturing process or
66
operation exposing workers to a serious risk of bodily injury, poisoning or
disease. -Sec. 87.
Rules have been made providing for medical examination, protection of
workers; restricting and controlling the use of particular materials and
processes; payment of fees for medical examination by the occupier; welfare
amenities; sanitary amenities; measures to avoid imminent danger of poisons
or toxicity.
Notifiable Accidents
 The manager of a factory must send a notice to the authorities
whenever an accident occurs which causes death or which causes
bodily injury preventing the worker from working for a Period of 48 or
more hours or other types of injury which may be specified by rules.
 Where a notice given under sub-section (1) relates to an accident
causing death, the authority to whom the notice is sent shall make an
inquiry into the occurrence within one month of the receipt of the
notice or, if such authority is not the Inspector, cause the Inspector to
make an inquiry within the said period .
 The State Government may make rules for regulating the procedure at
inquiries under this section. -Sec. 88.
[Para 2 and 3 had been added by the Amendment of 1976].
Notice of Certain Dangerous Occurrences
In case of any dangerous occurrence of such nature as may be prescribed,
occurs in a factory, whether causing any bodily injury or disability or not, the
manager of the factory shall send notice thereof to such authorities, and in such
form and within such time, as may be prescribed.--Sec. 88A, Factories
(Amendment) Act, 1976.
Notifiable Diseases
The manager of a factory must send notice to the authorities whenever a
worker suffers from any of the diseases mentioned in the Schedule to the Act.
(These are known as Occupational Diseases).
Examples:
 Poisoning by lead, mercury, phosphorus etc;
 Anthrax;
 Silicosis;
 Swine flu;
 Skin cancer;
 Toxic anemia;
 Jaundice;
 Pneumonoultramicroscopicsilicovolcanoconiosis* etc.
(*This is the longest word in English)
The medical practitioner attending the person, if any, shall without delay send
a report to the Chief Inspector in writing, stating the name of the person
affected and other particulars. -Sec. 89.
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Enquiry into Accidents and Diseases

The State Government may appoint a competent person to enquire the causes
of any 'accident occurring in a factory or of a notifiable disease, and may also
appoint one or more persons possessing legal or special knowledge to act as
assessors in such enquiry. The person appointed to enquire can call witnesses
like a Civil Court and exercise any of the powers of an Inspector. He must
submit a report to the State Government, together with his observations. The
report or extracts there-from may be published. -Sec. 90.
Safety and Occupational Health Survey
The State Government or the Director General of Factory Advice Service and
Labour Institutes etc., can employ the Chief Inspector and certain other
persons to undertake safety and occupational health surveys. The occupier and
manager and all other persons shall provide all facilities for such survey,
including examination, testing of plant and machinery, collection of samples,
other data, medical examination of persons, calculation of wages and extra
wages for overtime work. -Sec. 91A, added by The Factories (Amendment)
Act, 1976.
2.9 PENALTIES AND PROCEDURES
Sections 92 to 106 lay down the rules regarding penalties for offences against
the Act.
Owner: The owner of any premises, let out for use as different factories, is
responsible for the provision and maintenance of common facilities and
services, e.g., approach roads, drainage, water supply, latrines, sewage etc.
Occupier: In most cases the occupier of the factory is responsible for offences
committed against the Act. But the occupier is exempted from liability if
he/she can show that he/ she has used due diligence to enforce the execution of
the Act and that some other person committed the offence without his
knowledge, consent or connivance.
Penalties: The penalties for some of the offences are mentioned below
Offences Imprisonment / Fine
Obstructing Inspector Up to 3 months and/or
fine Up to Rs 500/-
Wrongfully disclosing result - do -
of analysis of sample
Contravention of any duty or
liability by a worker nil / Rs 20/-
Using false certificate of fitness Up to 1 month / Rs 50/-
Permitting double employment nil / - do -
of child
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Cases not otherwise provided for Up to 3 months / Rs. 2000
Second offence for above 6 months / Rs. 5000
Where contravention of any of the provisions of Chapter IV or any rule made

there-under or under Section 87 has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than one thousand rupees in the
case of an accident causing death, and five hundred rupees in the case of an
accident causing serious bodily injury.
Explanation: In this section and in section 94 "Serious bodily injury" means an
injury which involves, or in all probability will involve, the permanent loss of
the use of, or permanent injury to, any limb or the permanent loss of, or injury
to sight or hearing, or the fracture of any bone, but shall not include, the
fracture of bone or joint (not being fracture of more than one bone or joint) of
any phalanges of the hand or foot. Sec. 92 added in the Amendment of 1976.
Cognizance: No court can take cognizance of an offence under the Act except
on a complaint by or with the previous sanction of an Inspector in writing.
Only a Presidency Magistrate or a Magistrate of the first class can try offences
under the Act. The complaint must be filed within 3 months of the date when
the commission of the offence came to the knowledge of an Inspector. For
disobeying a written order of an Inspector, complaint may be filed within 6
months of the date when the offence was committed.
Presumption: A person found in the factory when the factory is going on or the
machinery is in motion, except during the time of meal or rest, is presumed to
be employed in the factory until the contrary is proved.
When in the opinion of the' Court a person is prima facie underage, the burden
shall be on the accused to show that such person is not under-age.
2.9.1 Appeals
The manager or the occupier of a factory on whom an order in writing has
been served by an Inspector can appeal against it to the prescribed 'authority
within thirty days. -Sec. 107.
2.9.2 Notice
In certain cases (prescribed by the rules) abstracts of the Act and the rules are
required to be displayed in the factory. All notices under the Act must be
displayed in English and in a language understood by the majority of the
workers employed therein. They must be displayed in a conspicuous and
convenient place at or near the main entrance of the factory and must be
maintained in a clean and legible condition. The Chief Inspector may require
the display of posters relating to the health, safety and welfare of workers. -Sec.
108.
2.9.3 Returns
The owners, managers and occupiers of factories are required by rules to
submit various returns and reports.-Sec. 110.
2.10 OBLIGATIONS OF WORKERS
Section 111 lays down that no worker in a factory
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 shall willfully interfere with or misuse any appliances or any other

things provided in a factory for the purpose of securing the health,
safety or welfare of the workers therein,
 shall willfully and without reasonable cause do anything 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 therein.
If any worker contravenes any of the provisions of this section or of any rule or
order made there under he shall be punishable with imprisonment which may
extend to 3 months or with fine which may extend to Rs. 100 or with both.
Power of the Central Government
The Central Government may give directions to a State Government as to the
carrying into execution of the provisions of the Act. -Sec. 113.
Abolition of Contract Labour
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in the Contract Labour (Regulation and
Abolition) Act, 1970. Sec. 119, added by the Factories (Amendment) Act, 1976.
SAQ 5
a) Describe the exemptions provided under Factories Act with
reference to public emergency and public institutions.
b) Explain the provisions made under Factories Act toward the
dangerous operations, accidents and diseases.
c) Discuss the general obligations of the workers in factory.
d) Briefly discuss the powers, extensions and exemptions of
Government, provided under the Factories Act.
e) With examples explain the structure of penalties for violating the
provisions under Factories Act – 1948.
2.11 CASE STUDY
Case study : Fire at AMRI Hospital, Kolkata on 9.12.2011

around 2.30 am
Abstract:
At least 93 people – most of them patients, died in the huge fire that broke out
in the early morning hours in AMRI. The fire began in the basement where a
pharmacy and the store were located. The area was stacked with highly
combustible material such as PVC pipes, mattresses, oxygen and LPG
cylinders, and even engine oil. When the fire was sparked off, dense smoke
started billowing out of the basement and entered the upper floors catching
many persons unaware in their sleep.
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While most nurses, doctors and other staffers were able to get away, many
critically ill patients suffocated to death in their hospital beds. With no outlet /
openable windows, the smoke started circulating in the building, choking the
patients and the staff. None of the patients who died had any burn injuries. All
were just choked to death.
The accident:
As Kolkata was developed in a rather unplanned way, the city has always been
a bit vulnerable to disasters of different kind, where fire is undoubtedly the
most critical one. Handling of any such emergencies has also been more
difficult here, because of the high population density and congested narrow
roads. To make the situation worse, fire fighting is always difficult due to
even narrower approaches to the affected sites.
Precisely for this reason, it is expected that everyone should take utmost care
to prevent fire hazards at the first place, where the management of AMRI
Hospital failed miserably.
The callous attitude of the hospital management was unprecedented to say the
least.
An incensed State Government openly blamed the hospital authorities for this
“criminal negligence”. Taking a tough stand, the state government filed a
criminal case against them and ordered their arrest. In the afternoon six
directors of the hospital group surrendered at Lalbazar, the city police
headquarters. They were booked on charges of culpable homicide tantamount
to murder under Section 304 of the IPC.
The Government also cancelled the hospital’s license and registration.
What went wrong?
 The fire broke out at around 0200 AM. The hospital staff started
fire fighting operations on their own without initiating a fire alarm
or informing the fire brigade. This resulted in loss of initial crucial
time. Internal fire hydrants / sprinkler system were either
nonfunctional OR the staff were not trained to operate them in an
emergency situation. This resulted in the fire spreading rapidly and
out of control.
 The hospital security staff did not allow local residents to enter for
rescue work after the fire was detected. Few local youths of
neighboring slums scaled the hospital’s rear boundary wall and
jumped into rescue work. Unfortunately, it was too late by then.
 The hospital staff informed fire brigade and Police only when fire was
out of control and only then all locked doors/gates were opened for
rescue operations upon their arrival.
 Fire brigade help also turned up very late and were found entering
smoke areas without BA sets. Also had no search lights / ladders to
initiate any effective rescue operation at initial stage.
 The fire alarm system for the building was found SWITCHED OFF to
avoid false alarms. This resulted in no fire alarm alert and centralized
AC system too did not trip automatically. The running of AC in fire
situation resulted in spreading of smoke in unaffected upper floors
causing huge number of casualties. No fire/ smoke dampers were found
working in the fire situation.
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 External glass Façade made of double glass panes were very difficult
to break and the building had no operable windows to dissipate smoke
which resulted in many deaths due to suffocation / asphyxia
 Emergency lighting too did not work / nor was adequately available
resulting in total darkness inside the building hampering rescue /
firefighting. Nobody started rescue operations using internal staircases
/ lifts ramps due to pitch darkness and presence of dense smoke at
early crucial stage. The staff was untrained and was unaware of any
emergency preparedness.
 The rescue operation was seen being carried out using rope -ladders
from outside the building reaching to the trapped personnel by
breaking the façade glasses. Though this saved many valuable lives but
the technique used to rescue was hilarious / dangerous. Few patients
were found jumping on hydraulic platform from the window.
 The basement was converted into pharmacy and godown stacked with
highly combustible materials. It was learnt that even oxygen cylinders
/ LPG cylinders were found stored in the basement.
 The Fire Brigade vehicles could not reach closer to the building since
the approach route was halved due to DG set installation and Gas Bank
and emergency vehicles could not turn through the narrow passage.
 It is clear that all significant elements of the system failed - -starting
from the regulatory oversight of the management to failure of State
authorities in disaster management; thus leading to loss of so many
precious lives.
Learning from the incident / Recommendations:
 All statutory and regularity compliance to be strictly
implemented by the management not only to get adequate NOCs
but in view to safeguard life of people.
 Disaster management plan to be prepared and implemented at site
providing clear-cut guidelines to staff and concerned about actions
in various emergency scenarios. The plan to be followed up with
training of staff and continual improvements through on site mock
drills.
 Firefighting / life safety systems to be commissioned and to be
maintained in a Ready to Operate condition all the time
 Emergency power: Reliable source of emergency power to be installed
in the building at par with the codes and practices (Use of MI cables
may be made compulsory) so that even if main power source is
switched off , life safety systems, lifts, emergency lighting, peripheral
lights etc shall be provided with un interrupted power. This shall
ensure rapid and effective emergency response.
 All emergency staircases and lifts should open in enclosed lobby (that
can be pressurized by blowers upon activation of fire alarm) to avoid
vertical smoke and flame travel. At least one emergency staircase shall
open directly outside building at Ground floor for safe evacuation and
rescue.
 Open able windows: At least 15% open able windows to be provided
that can be opened easily during emergencies. These windows /
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doors to be marked with signage and periodically checked for
operability.
 Basement: Proper mechanical ventilation and smoke exhaust system
to be installed in basement to avoid smoke logging. No combustible
materials to be stored in it. Any type of modifications to
accommodate storage of consumables / stationery etc will be
forbidden.
 Fire vehicle approach: Approach and peripheral roads to be designed
to cater 20 meter turning radius for Fire Tender / Hydraulic Ladders
and should be capable of taking 40 tons load of Fire Vehicles.
Questions:
a) Was the disaster inevitable?
b) Would it be correct to say that the patients died because of the
callous attitude and serious wrong doings of the hospital authority?
c) Could you list the blunders of the management that had resulted in
the disaster?
d) How do you assess the role of the occupier?
e) Could the accident be prevented? If yes, HOW?
f) What do you learn from this unfortunate mishap?
2.12 LET US SUM UP
Let us summarize what we have discussed in this unit. It is necessary to

understand the jargon and history of Factories Act -1948. We have discussed in
detail the duties and responsibilities of the occupier of the factory. Therefore,
an overview of Factories Act – 1948 is presented at the outset and then various
activities (duties, responsibilities and obligations) of occupier and factory
manager are described as specified under the respective sections (indicated
along with the text). The provisions of health, safety and welfare of workers
under the act are discussed as they clearly indicate the bounds and limits of the
jobs of occupier and managers and prompt what to do and what not to do. The
other provisions under the act as relevant to the activities of occupier/manager
are discussed along with the penalty provisions
2.13 KEY WORDS
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1. Factory: any premises including the precincts thereof whereon ten or more
workers are working, or were working on any day of the preceding twelve
months - Section 2 (m)
2. Manufacturing Process: making, altering, finishing, packing, oiling, washing,
breaking up, demolishing, or treating to use/sale/transport/disposal; or
pumping oil/water/sewage etc; or generating, transforming or transmitting
power; or composing for printing, press, lithography, photogravure or book
binding; or constructing, repairing, refitting, working with ships or vessels; etc.
-Section 2(k)
3. Worker: Any person engaged in any work connected with or incidental to a
manufacturing process. -Sec. 2(1)
4. Power: electrical or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency. -Sec. 2(g).
5. Prime mover: any engine, motor or other appliance which generates or
otherwise provides power. -Sec. 2(h).
6. Transmission machinery: any shaft, wheel, gear train, drum pulley, system
of pulleys, coupling, clutch, 'driving belt or other appliance or device by which
the motion of a prime mover is transmitted to or received by any machinery or
appliance -Sec. 2(i).
7. Machinery: prime movers, transmission machinery and all other appliances
whereby power is generated, transformed, transmitted or applied". Sec. 2(j).
8. Adult: a person who has completed 18th year of age. -Sec. 2(a).
9. Adolescent: a person who has completed 15th year of age but not 18th year.
-Sec. 2(b).
10. Child: a person who has not completed his fifteenth year of age". -Sec. 2(c)
11. Young Person: a person who is either a child or an adolescent". -Sec. 2(d).
12. Calendar Year: the period of 12 months beginning with the 1st day of
January in any year". -Sec. 2(dd).
13. Day: a period of twenty four hours beginning at midnight. -Sec. 2(e).
14. Week: a period of seven (7) days beginning 'at midnight on Saturday night
or such other night as may be approved in writing, at a particular area by the
Chief Inspector of Factories -Sec. 2(f).
15. Shift and Relay: Where work of the same kind is carried out by two or
more sets of workers working during different periods of the day, each of such
sets is called a "relay" and each of such periods is called a "shift". -Sec. 2(r).
16. Occupier: the person who has ultimate control over the affairs of the
factory, and where the said affairs are entrusted to a managing agent, such
agent shall be deemed to be the occupier of the factory. -Sec. 2(n).
IMPORTANT SECTIONS UNDER THE FACTORIES ACT – 1948
 Sec. 2: Defines Jargon and terminology of Factory and its premises (Ref.
Keywords)
 Sec. 4: Departments or branches of a factory shall be treated as separate

factories
 Sec. 5: Factories may be exempted from the operation during a public

emergency
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 Sec. 6: Approval, licensing and registration of factories;
 Sec. 7: Notice by occupier;
 Sec. 7A: General duties of the occupier;
 Sec. 7B: General duties of manufacturers, and so on;
 Sec. 11: Cleanliness in a factory;
 Sec. 12: Effective arrangements for the treatment of wastes and effluents;
 Sec. 13: Provision of adequate ventilation and temperature to secure

reasonable conditions of comfort and prevent injury to health;
 Sec. 14: Prevention of inhalation and accumulation of dust and fumes;
 Sec. 15: The process of artificial humidification;
 Sec. 16: Prevention of over-crowding;
 Sec. 17: Provision of lighting arrangements, or provisions relating to safety;
 Sec. 18: Effective arrangements for drinking water;
 Sec. 19: Provision of latrines and urinals;
 Sec. 2l: Fencing of machinery.
 Sec. 22: Work on or near machinery in motion:
 Sec. 23: No employment of young person(s) on dangerous machines.
 Sec. 24: Striking gear and devices for cutting off power.
 Sec. 25: Structuring for moving parts of self-acting machines.
 Sec. 26: Casing of new machinery.
 Sec. 27: Not to allow women and children near cotton Openers.
 Sec. 28 & 29: Safety of hoists, lifts, chains etc.
 Sec. 30: Safety at revolving machinery.
 Sec. 31: Safety at Pressure plant
 Sec. 32: Safety at floors, stairs and means of access
 Sec. 33: Safety at pits, sumps, openings in floors etc.
 Sec. 34: No worker shall be made to carry a load so heavy as to cause him
injury.
 Sec. 35: Protection of eyes
 Sec. 36 & 36A: Precautions against dangerous fumes
 Sec. 37: Safety with handling explosive or inflammable gas etc.
 Sec. 38: Precaution in case of fire
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 Sec. 39 & 40: Specifications of defectives etc. and safety of buildings and
machinery
 Sec. 40A: Maintenance of Buildings
 Sec. 40B: Employment of Safety Officers
 Sec.41: Rules providing for use of further devices for safety as may be
necessary.
 Sec. 41B: Information as to the quantity, specifications and other

characteristics of wastes and the manner of their disposal;
 Sec. 41C: Necessary facilities for protecting the workers in the manner
prescribed;
 Sec. 41G: Setting up a safety committee of workers and management to

promote safety and health at work and to review periodical measures;
 Sec. 41H: Remedial actions for health and safety;
 Sec. 42: Provision of washing facilities;
 Sec. 43: Facilities for storing and drying clothing;
 Sec. 44: Facilities for sitting;
 Sec. 45: Provision of first-aid appliances, working hours of adults,

employment of young persons, annual leave with wages, or special provisions
of rules by the govt.
 Sec. 46: Provision of canteens;
 Sec. 47: Shelters, restrooms and lunch rooms;
 Sec. 49: Employment of welfare officers w.r.t workers employed on

maintenance;
 Sec. 50: Provision for State Govt. to make rules regarding the welfare
of workers.
 Sec. 86: Exemption of public institutions, workshop or workplace for
the purposes of education, training, research or reformation.
 Sec. 87: State Govt. empowered to make special rules to
control/regulate factories
 Sec. 88: The State Govt. may make rules for regulating the procedure at
inquiries.
 Sec. 89: The medical practitioner shall without delay send a report to
the Chief Inspector in writing, stating particulars.
 Sec. 90: The State Govt. may appoint a competent person to enquire
into the causes of any accident occurring in a factory or of a notifiable
disease,
 Sec. 91A: Employment of Chief Inspector to undertake OH & S
surveys.
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 Sec. 92: The occupier is punishable with imprisonment up to two (2)

years or with fine up to Rs. 1 lakh or both for any contravention of the
provisions of the Act.
 Sec 92 to 106: Rules regarding penalties for offences against the Act.
 Sec. 94: Occupier, again found guilty of Sec. 92, is punishable with
imprisonment of three (3) years or with fine up to Rs. 2,00,000, or both.
 Sec. 95: Imprisonment for six (6) months or fine of Rs. 10,000 or both
for willfully obstructing an Inspector in exercising of any powers
conferred on him by this Act.
 Sec. 96A: For the non-compliance or contravention of the provisions of
Sec. 41B, 41C or 41H, imprisonment of seven (7) years or fine up to Rs.
2,00,000 and if it continues, additional fine of Rs. 5,000 per day with
imprisonment extending to ten (10) years.
 Sec. 102: Punishments to the occupier if fails to specified remedying.
 Sec. 104A: The onus is on the person who is alleged to have failed to
comply with such duty to prove that he/ she has taken all measures or
it was not reasonably practicable.
 Sec. 107: The manager or the occupier can appeal against charges
within thirty days.
 Sec. 108: All notices must be displayed in English and in a local
language.
 Sec. 109: Service of notices on owners, occupiers or managers of
factories
 Sec. 110: Submission of returns w.r.to employees, machinery, plant or
premises.
 Sec. 111: Obligations of worker not to willfully interfere or misuse any
appliance; defaulter punishable with imprisonment up to 3 months or
fine up to Rs. 100 or both.
 Sec. 113: Central Govt. may direct State to execute the provisions of
the Act.
 Sec. 119: Provisions to abolish contract of labour for any inconsistency
therewith
2.14 ANSWERS TO SAQ’s
77
78
UNIT 3 LICENSING AND REGISTRATION
Structure
3.1 Introduction
Objectives
3.2 Approval, Licensing and Registration of Factories
3.3 Inspection
3.4 Process of Recognition
3.5 Procedure for Grant of License
3.5.1 Normal Procedure
3.5.2 Simplified Procedure
3.5.3 Hallmarking of Gold Jewellery in India
3.6 Standardization and Certification
3.6.1 Consumer Affairs
3.6.2 Customer Complaints
3.7 International Organization for Standardization (ISO)
3.7.1 Benefits of Certification
3.7.2 Six Core Principles of ISO Certification
3.8 ISO 45000
3.8.1 What is ISO 45001?
3.8.2 The benefits of using ISO 45001
3.8.3 Who are the Intended Users of the Standard?
3.9 Safety Audit
3.9.1 OSH Audit Information
3.9.2 OSH Audit Criteria and Standards around the Globe
3.9.3 Classification of Audits
3.9.4 OSH Auditors – Qualifications and Abilities
3.9.5 OSH Audit Programme
3.9.6 OSH MS Audit Activities
3.9.7 Audit Review – The Utilization of Audit Results (Benefits &
Weakness)
3.10 Case Study
3.11 Let US Sum UP
3.12 Key Words
3.1 INTRODUCTION
It is necessary to obtain a license before a factory is started. Section 6 of the

Factory Act, 1948 provides that the State Government may make the rules
required for the purposes of this Act, the submission of plans or any class or
description of factories to the Chief Inspector or the State Government, and the
plans and specifications of a factory and its location.
The Amendment of 1976 provides that any replacement and addition to the
factory will not be allowed if it reduces the minimum clear space required for
safe working around the plant or machinery or adversely affects the
environmental conditions from the evolution or emission of steam, heat or dust
or fumes injurious to health.
Objectives
 understand the procedure of licensing and registration process to start a
factory
 explain the standards for a factory and its premises
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 describe the process of certification for factory

 discuss the national (BIS) and international standards (ISO) of quality
and safety
 know the ISO 45000 for OH & S and its features, and
 understand and acquaint with safety audit, OHS-MS and its process.
3.2 APPROVAL, LICENSING AND REGISTRATION OF

FACTORIES
Under factories act 1948, the procedure for licensing and registration is given
under various sections. The procedures to be followed are given below,
detailing the necessary aspects of the Act:
Provisions under Section 6
Section 6 empowers the State Government to make rules with regard to
licensing and registration of factories under the Act on the following matters:
 Submission of plans of any class or description of factories to the Chief
Inspector or to the State Government;
 Obtaining permission of the State Government or the Chief Inspector
before hand, for the site on which the factory is to be situated and also
for construction or extension of any factory or class or description of
factories. However, replacement or addition of any plant or machinery
within prescribed limits, shall not amount to extension of the factory, if
it does not reduce the minimum safe working space or adversely affect
the environmental conditions which is injurious to health;
 Considering applications for permission for the submission of plans
and specifications;
 Nature of plans and specifications and the authority certifying them;
 Registration and licensing of factories;
 Fees payable for registration and licensing and for the renewal of
licences;
 Licence not to be granted or renewed unless notice specified under
Section 7 has been given.
AutomaticApproval
If an application is made for the approval of site for construction or extension
of the factory and required plans and specifications have been submitted by
registered post to the State Government or the Chief Inspector and if no reply
is received within three months from the date on which it is sent the
application stands automatically approved [Section 6(2)], where the rules
require the licensing authority to issue a licence on satisfaction of all
legal requirements / or record reasons for refusal. Licence could not be refused
only on a direction from Government.
Appeal against Refusal to Grant Permission
If the State Government or Chief Inspector does not grant permission to the
site, construction or extension of a factory, or to the registration and licensing
of a factory, the applicant may within 30 days of the date of such refusal appeal
to:
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Licensing and Registrations
 the State Government against the order of any other authority.

 the Central Government against the order of the State Government;
Notice by Occupier
Section 7 imposes an obligation on the occupier of a factory to send a written
notice, containing prescribed particulars, to the Chief Inspector at least 15 days
before an occupier begins to occupy or use a premises as a factory and at least
30 days before the date of resumption of work in case of seasonal factories. A
seasonal factory is defined as a factory that works for less than 180 days in a
year.
Contents of Notice
A notice must contain following particulars:
i) The name and situation of the factory.
ii) The name and address of the occupier.
iii) The name and address of the owner of the premises or building
(including the precincts, etc., thereof referred to in Section 93).
iv) The address at which communication relating to the factory should
be sent.
v) The nature of manufacturing process to be carried on in the factory
during next 12 months.
vi) The total rated horse power installed or to be installed in the factory
which shall not include the rated horse power of any separate
standby plant.
vii) The name of the Manager of the factory for the purpose of this Act.
viii) The number of workers likely to be employed in the factory.
ix) Such other particulars as may be prescribed.
x) Notice where new manager is appointed.
Whenever a new manager is appointed, the occupier shall send to the Inspector
a written notice and to the Chief Inspector a copy thereof, within seven days
from the date on which such person takes over charge.
When there is no manager – occupier deemed as manager
During a period for which no person has been designated as manager of a
factory or during which the person designated does not manage the factory any
person found acting as manager, will be the manager for the purposes of the
Act. Where no such person is found, the occupier should be deemed to be the
manager of the factory.
3.3 THE INSPECTION
The Factories Act empowers the State Government to appoint Inspectors,

Chief Inspectors of Factories, Additional Chief Inspectors, Joint Chief
Inspectors and Deputy Chief Inspectors. Every District Magistrate is an
Inspector for his/her district. No person can act as an Inspector if he / she is or
becomes directly or indirectly interested in a factory or in any process or
business carried on therein or in any patent or machinery connected therewith.
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Inspectors
Section 9 provides that subject to any rules made in this behalf, an Inspector
may exercise the following powers within the local limits for which he is
appointed:
 enter, with such assistants, being persons in the service of the
Government or any local or other public authority, as he thinks fit, and
place which is used, or which he has reason to believe is used, as a
factory ;
 make examination of the premises, plant and machinery;
 require the production of any prescribed register and any other
document relating to the factory, and take on the spot or otherwise
statements of any person which he may consider necessary for carrying
out the purposes of the Act; and
 exercise such other powers as may be prescribed for carrying out the
purposes of this Act.
 no person shall be compelled under this section to answer any question
or give any evidence tending to incriminate himself/herself.
Under Section 91, an Inspector may take a sample of any substance, used or
intended to be used in a factory, for the purpose of finding out whether the
substance is injurious and if the factory is violating any of the provisions of the
Act.
Obstructing an Inspector
Whoever willfully obstructs an Inspector in the exercise of any power
conferred on him/her by or under this Act, or fails to produce on demand by an
Inspector any registers of other documents in his/her custody kept in pursuance
of this Act or of any rules made there under, or conceals or prevents any
worker in a factory from appearing before, or being examined by, an Inspector,
shall be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to Rs. 300 or with both. -Sec. 95.
The onus is on the prosecution to show that a person has obstructed an
inspector.
Duties of Inspector
It is the duty of factory inspectors to enforce the provisions of the Factories Act
and other industrial laws. For this purpose they inspect factories periodically. If
any rule is violated they take steps like prosecuting the guilty persons etc.
Certifying Surgeons
Under Section 10, the Act provides that the State Government may appoint
qualified medical practitioners to be certifying surgeons for the purposes of the
Act for specified local areas or for specified factories or class of factories.
No person can be a certifying surgeon for a factory or industry in which he is
interested directly or indirectly.-Sec. 10(3).
The State Government may by order in writing and subject to specified
conditions, exempt any person or class of persons from the provisions of this
sub-section in respect of any factory or class or description of factories.
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Duties of Certifying Surgeon

The certifying surgeon has the following duties under the Act and the rules
framed under it.
 The examination and certification of young persons.
 The examination of persons engaged in dangerous occupations or
processes in factories.
 Medical supervision of factories in cases where such supervision had
been prescribed owing to the dangerous nature of the work carried on
or for any other reason, viz.,
 cases of illness have occurred which it is reasonable to believe are due
to the nature of the manufacturing process carried on, or other
conditions of work prevailing therein;
 by reason of any change in the manufacturing process carried on or in
the substances used therein there is a likelihood of injury to the health
of workers employed in that manufacturing process ;
 young persons are, or about to be employed in any work which is likely
to cause injury to their health.
SAQ 1
a) Describe the provisions under section 6 of the Factories Act- 1948.
b) When does the occupier serve a notice? What are the particulars or
to be furnished (or contents) in the notice?
c) Discuss about the approval process for starting a factory.
d) Enumerate the powers and authorities of Factories Inspector.
e) What are consequences of obstructing factories inspector?
3.4 THE PROCESS OF RECOGNITION
To have a better understanding of the process of recognition, let us consider the

case of a laboratory.
At the outset, a laboratory interested in obtaining recognition and fulfilling the
criteria as laid down shall apply in the application form as prescribed.
Application for Recognition
The lab shall submit the application in duplicate along with application fees
and documents as described below:
 Two copies of current valid Laboratory Quality Manual as per
IS/ISO/IEC 17025 or ISO/IEC/17025.
 Duly filled in check list.
 An undertaking as prescribed.
 Documents authenticating the premises of laboratory in India:
Certificates/ documentary evidence from Registrar of Firms/Directorate
of Industries/ Industries Centre/ Municipal Corporation/ Local Body/
Central Insecticides Board or Drug Controller/ Pollution Control Board
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or any such Competent Authority indicating premises of the applicant

lab will be accepted for the purpose of authentication of premises.
 Documents establishing legal identity of laboratory in
India: Registration Certificate with Service Tax Authorities/ Registrar
of Societies / Certificate of Registration by Company Registrar/
Memorandum of Article in case Applicant lab is a Limited
Company/Partnership Deed in case the applicant lab is under
Partnership/ Certificate from a Chartered Accountant (CA) establishing
the proprietorship of the laboratory business entity in case of
proprietorship lab / Affidavit on Non-Judicial Stamp Paper of Rs.100/-
by Proprietor that he/she is the sole Proprietor duly attested by Notary
Public will be accepted for the purpose of establishing legal identity of
the lab.
 Documents authenticating the premises of overseas laboratory: Any
document from local authority/ Government, authenticating laboratory
premises as per law of the country.
 Documents authenticating legal identity of overseas laboratory: Any
document from local authority/ Government, establishing legal identity
of the laboratory as per law of the country.
 The application is to be signed by the Director(s), Proprietor, Partner(s)
or the Chief Executive Officer (CEO) or any other person so authorized
for the purpose by the management. The name and designation of the
person signing the application shall be recorded legibly in the space for
the purpose in the application form. In case of authorized signatory, a
certificate from the top management of the lab on its official letter head
bearing seal of the laboratory clearly attesting the signature of the
authorized signatory.
The application shall be addressed to Head, Corporate Quality Assurance &
Policy Department (CQAPD), Central Laboratory, Plot No.20/9, Site IV,
Sahibabad Industrial Area, Sahibabad-201010, India.
Scrutiny of Application
All applications shall be scrutinized with respect to criteria laid down and
requirements as per norms. BIS reserves the right to return an application
which is incomplete and found deficient in respect of following:
 Application form is incomplete.
 Application fee with requisite service tax or any other Government levy
as applicable not submitted.
 Proof of legal identity and authentication of premises not submitted.
 Application is unsigned or not signed by the authorized signatory.
 Scope of recognition applied for (product/ IS wise list) not submitted.
 Employees’ list with qualification/experience not submitted.
 List of equipment, IS wise and clause wise for each IS with calibration
status not submitted (as per the format given in application form).
 The scope applied for includes any product not covered under BIS
Product Certification Scheme or the product is not a related product/
raw material.
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 Testing facilities are partial as declared by the applicant and reasons for
the same with justification not provided.
 Latest Quality Manual not submitted.
 Proof of accreditation to ISO/IEC 17025 or IS/ISO/IEC 17025 not
submitted.
Processing of Application
 Recording: All applications found completed with listed documents
and other prerequisites shall be recorded. Every application shall be
assigned a serial number to be known as ‘Application Number’ and
same shall be recorded in a register maintained for the purpose. In all
future correspondence, reference must be made to the ‘Application
Number’.
 Application Fee & Refund: Once the application is recorded,
application fee is not refundable.
 Adequacy Audit: Adequacy audit of the application and quality
manual will be done. Deficiencies observed, if any, will be conveyed to
the applicant lab for clarification/ compliance within given time frame.
 Initial Audit: After satisfactory adequacy audit, a team for initial audit
shall be constituted and communicated to the applicant lab.
 Audit: On deposit of audit fee, the team from BIS will visit the lab for
onsite assessment of the lab’s compliance to the procedures and the
activities enumerated in the documented management system and
relevant management system standard. The audit will also cover the
lab’s requisite infrastructure and demonstration of its technical
competence in testing the products for which recognition is sought
from BIS
 Audit fee: Initial audit fee shall be payable in advance by the applicant
lab as per Clause 2, the details of which shall be provided by BIS. The
initial audit fees shall be payable within prescribed period. Traveling
and stay expenses of the auditor(s) shall be borne by the laboratory as
per their respective entitlements.
 Responsibilities of applicant lab: The lab shall provide the following
assistance to the Audit team during the assessment:
 Arrangements of travel, stay and local guidance etc.
 Ensure availability of all concerned personnel for the
purpose of assessment.
 Due co-operation to the auditor(s).
 Necessary infrastructure and logistics to facilitate smooth
conduct of assessment.
Rejection of Application
Application shall be liable for rejection, if
 Lab does not take corrective action(s) on deficiencies observed during
adequacy audit within 45 days.
 Lab does not confirm readiness for audit within 45 days of intimation
from BIS.
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 Non-payment of any prescribed fees.

 Lab does not take/inform corrective action within stipulated time as
agreed between lab and audit team leader/ CQAPD but not exceeding
45 days.
 Lab gives false declaration in the application with respect to
infrastructure, testing facilities, calibration / CRM / SRM and
competence of testing personnel.
 Lab violates provisions of BIS Act, Rules, Regulations or it does not
fulfill any of the conditions for grant of recognition.
 Any Conflict of Interest
 Any other (Past antecedents etc)
Procedure for rejection of application
 A notice for rejection stating the reason(s) thereof, with the provision of
personal hearing shall be served to the lab giving 15 days time to reply,
 If no reply is received within the stipulated time or if the reply is
unsatisfactory or if the plea(s) extended at the time of personal hearing
are not acceptable to the Competent Authority, the application shall be
liable for rejection.
Process for Recognition
Before considering grant of recognition to the lab, corrective actions taken by
the lab on the Non-conformities (NCs), if any, observed during the Audit shall
be physically verified by BIS, if needed, for its closure. Any nonconformity
/inadequacy observed in scrutiny of assessment report shall also be brought to
the notice of lab for necessary corrective actions/ clarifications within specified
time which shall also be verified by BIS. If necessary, follow-up audit may
also be arranged.
Based on the findings of the audit team and recommendations made after due
scrutiny the Competent Authority shall take a decision on the grant of
recognition to the lab or otherwise. The Recognition shall be granted for an
initial period of three years on payment of necessary recognition fee. The name
of the Lab so recognized will be hosted on BIS website.
Obligations of Laboratory
A laboratory recognized by BIS shall:
 Not use the recognition in any manner to which BIS may object.
 Inform BIS about any change made to the Management System which
formed the basis for the grant of the recognition.
 Upon de-recognition or expiry of the recognition, discontinue claiming
BIS recognition and withdraw all publicity material (both in print and
electronic media) which contain any reference thereto.
 Submit a monthly statement of samples received and test reports issued
for BIS samples in the prescribed format (Annexure-7) on every 5th
day of the month for the preceding month to CQAPD, Central
Laboratory, Plot No.20/9, Site IV, Sahibabad Industrial Area, Sahibabad,
Distt-Ghaziabad-201010, email: clpolicycell@bis.org.in
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 Inform BIS about shifting of premises and removal/relocation of any

test equipment/ test facility covered under the scope of recognition.
 Inform BIS if the accreditation as per IS/ISO/IEC 17025 or ISO/IEC
17025 is withdrawn/ expired.
 Apply for renewal six months before validity of recognition expires.
 Update their test facilities in view of issuance of amendment or
revision of any Indian Standard covered in the scope and confirm
availability of appropriate test facilities to BIS.
 Extend full cooperation to BIS in matters of investigation concerning
recognition and/or testing.
 Provide any information sought by BIS in relation to testing of samples.
 Keep BIS informed about changes with respect to testing personnel
clearly indicating the name, qualification, experience, nature of
engagement (i.e. full time, part time, consultant, on call etc.) and the
effective date.

SAQ 2
a) Discuss about the process of recognition and rejection of
applications.
b) Discuss about the process of scrutiny of application for
recognition of laboratory.
c) Describe step by step procedure of processing application for
recognition of a laboratory or a factory.
d) List out the obligations of a laboratory recognized by BIS.
e) When is an application for recognition (of certifying
laboratory) liable for rejection?
3.5 PROCEDURE FOR GRANT OF LICENSE
The Product Certification Scheme of BIS aims at providing Third Party

Guarantee for quality, safety and reliability of products to the ultimate
customer. Presence of ISI certification mark, known as Standard Mark on a
product is an assurance of conformity to the specifications of products /
processes. The importance of ISI certification mark can be well understood
from the fact that over the years, it has truly become synonymous to ultimate
customer satisfaction.
The conformity is ensured by regular surveillance of the licensee's
performance by surprise inspections and testing of samples, drawn from the
factory and also from market.
For getting BIS license, the applicant has the option to choose any of the two
procedures mentioned below i.e.
 Normal Procedure
 Simplified Procedure
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3.5.1 Normal Procedure

In the normal procedure, the applicant is required to submit the filled-in
application along with required documents and requisite fee to the
nearest BIS branch office. Subsequently, after receiving and necessary
recording of the application, a preliminary factory evaluation is carried
out by BIS officer to ascertain the capability of the
applicant/manufacturer to produce goods according to the relevant
Indian Standard and to verify the availability of complete testing
facility and competent technical personnel.
Samples are tested in the factory and also drawn for independent
testing. Grant of license is considered by
BIS provided,
 the samples pass during independent testing,
 preliminary evaluation is satisfactory and
 the applicant agrees to operate the defined Scheme of Testing &
Inspection and pay the prescribed marking fee.
3.5.2 Simplified Procedure
In the simplified procedure, applicant is required to submit the
application for BIS license along with the test report(s) of the sample(s)
tested in the BIS approved laboratories If the test report(s) and other
documents are found satisfactory, a verification visit is carried out by
BIS. The license is granted thereafter if the verification report is found
to be in strict adherence to the specified BIS norms. The applicant also
has the option to get the documents as well as other details as specified
in the application, certified by a Chartered Engineer and submit the
same to BIS. The license then shall be granted after scrutiny of the
documents and report submitted by Chartered Engineer. By this
procedure the license is expected to be granted within 30 days of
receipt of application by BIS, provided all required documents are
furnished and found satisfactory.
3.5.3 Hallmarking of Gold Jewellery in India
Culturally, the Indian people have a great fascination for gold. It should
be recognized that like many other Asian Countries, in India too, gold
has a very important role in our cultural heritage. In some areas gold
even reflects the prosperity and fortune of a family. Precisely for these
reasons, gold is considered as a commodity, and not a product. Any
form of gold is equal to any other form of gold. It is viewed to be
homogenous and indistinguishable, having no brand or expiry date. As
a result, gold demand is not price-elastic. Rather it is prosperity elastic -
that is, increments in household income are generally matched by
purchases of more gold.
Unless alloyed with a comparatively small proportion of some other
metal, both pure gold and pure silver are too soft to withstand wear as
an article for use or adornment. This necessity has always demanded
some system of control if frauds on the public are to be prevented,
because adulteration of articles manufactured from the precious metals
by the introduction of too much of the strengthening alloy is a type of
fraud to which the public is extremely vulnerable. It is easy to
perpetrate, because with both metals a considerable excess of alloy can
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be introduced without changing the color, and is difficult to detect

without technical tests
3.6 STANDARDIZATION AND CERTIFICATION
Bureau of Indian Standards (BIS) is the National Standard Body of India

working under the aegis of Ministry of Consumer Affairs, Government of India.
It has been established under the BIS Act 1986 for the harmonious
development of the activities of standardization, marking and quality
certification of goods and for matters connected therewith or incidental
thereto.
The organization was originally established as the Indian Standards
Institution (ISI) registered under the Societies Registration Act, 1860.
BIS has been providing traceable and tangible benefits to the national economy
in a number of ways
 providing safe reliable quality goods;
 minimizing health hazards to consumers;
 promoting exports and imports substitute;
 control over proliferation of varieties etc. through standardization,
certification and testing.
Keeping in view, the interest of consumers as well as the industry, BIS is
involved in various activities as given below:
 Product Certification Scheme
 Compulsory Registration Scheme
 Foreign Manufacturers Certification Scheme
 Hall Marking Scheme
 Laboratory Services
 Laboratory Recognition Scheme
 Sale of Indian Standards
 Consumer Affairs Activities
 Promotional Activities
 Training Services, National & International level
 Information Services
BIS has its Headquarters at New Delhi and its 05 Regional Offices (ROs) are
at:
 Kolkata (Eastern),
 Chennai (Southern),
 Mumbai (Western),
 Chandigarh (Northern) and
 Delhi (Central).
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Under the Regional Offices are the Branch Offices (BOs) located at
Ahmedabad, Bangalore, Bhubaneswar, Bhopal, Coimbatore, Dehradun,
Faridabad, Ghaziabad, Guwahati, Hyderabad, Jaipur, Kochi, Lucknow,
Nagpur, Parwanoo, Patna, Pune, Rajkot, Raipur, Durgapur, Jamshedpur
and Vishakhapatnam, which offer certification services to the industry
and serve as effective links between State Governments, industries,
technical institutions, consumer organization etc. of the respective
region.
3.6.1 Consumer Affairs
Consumer affairs department aims to achieve the following:
a. To establish, implement and review the mission and vision of the
organization through citizen charter
b. To redress the complaints within the stipulated time as specified in
the citizen charter
c. To organize consumer awareness, educational utilization and
industrial awareness programmes as per the targets set for the
department
d. To provide information on queries on various activities of the
Bureau
e. To provide consumer feedback to the concerned consumer policy
related committee at international level from time to time
All complaints against poor quality of ISI marked products or services
provided by BIS can be sent to Public Grievance Officers (PGOs)
appointed by BIS at all locations where BIS offices exist. The PGOs
after necessary verification of supporting documents forward the
complaint to Consumer Affairs Department (CAD) at Head Quarters
for recording of the complaint centrally.
3.6.2 Customer Complaints
Complaints can be lodged in writing or online on BIS website www.bis.org.in.
For all recorded complaints against ISI marked products or services relating to
its activities such as product certification, standard formulation, management
system certification, sale of standards and publications, training etc, redressal
is done in a time bound manner.
Monitoring of complaints is done centrally by Consumer Affairs Department.
In case, complainant is not satisfied with the redressal of the complaint, he/she
may appeal before Additional Director General of BIS.
3.7 INTERNATIONAL ORGANIZATION FOR

STANDARDIZATION (ISO)
ISO originated from the union of two organizations – the ISO

(International Federation of the National Standardizing Associations) and
the UNSCC (United Nations Standard Coordinating Committee).
In 1946 over 25 countries met at the Institute of Civil Engineers in London to
create a new international organization, where the objective was to ‘facilitate
the international coordination and unification of industrial standards.’ From
this the new organization ISO began operations in February 1947. The word
ISO is derived from the Greek ISOS meaning ‘equal’.
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As the International Organization for Standardization would translate

differently across different languages with different set of acronyms, it was
decided that the short form name for the organization would be ISO.
Today the ISO has grown to a confederation of delegates representing over 150
countries and has published over 16,500 international standards. They meet on
a regular basis to further develop new and existing management standards.
3.7.1 Benefits of Certification
Each standard has its own benefits within every industry, however the common
benefits across the certifications include: widened market potential,
compliance to procurement tenders, improved efficiency and cost savings,
higher level of customer service, and therefore satisfaction, and heightened
staff moral and motivation.
By adhering to a recognized standard, an organization assures its customers
about its commitments towards their needs.
Why ISO Certification?
Apart from the overall improvements in the day to day operations of an
organization, increasing the productivity, reducing the cost etc. getting ISO
certifications has many other benefits too, a few of which are given below :
 Helps the organization build a process to improve efficiency in overall
operation of the business.
 Helps the organization improve customer satisfaction and retain
customers.
 Makes the organization eligible for contracts where ISO certification is
a must.
 Customers can trust the organization easily when they come to know
that it is ISO certified.
 Helps in communicating and marketing, because everyone involved in
the process will follow the same process.
 By displaying the ISO certification, manufacturers establishes their
credibility to the prospective clients.
There are many other benefits of getting ISO certified depending on the type of
industry, such as better waste management, evaluation of raw materials,
efficiency in planning with the help of data, and many other benefits.
3.7.2 Six Core Principles of ISO Certification
 Document Control
Issuing a document with a reference and version number to ensure that
the right document, is in the right place, at the right time.
 Record Control
A record is a completed document. Record control is an efficient
method of finding individual records. It can also refer to how you file,
remove, archive and destroy individual records.
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 Internal Review
An in-depth review of your management system, to ensure that you are
track for your validation audit at the end of the year. This also ensures
that the company satisfies internal audit requirements laid out in the
standard.
 Non-Conformance
A non-conformance is when something happens within the business
that wasn’t planned and will not be accepted either. This could be:
Internal e.g Out of date process / procedure, human error etc. External
e.g Customer complaints, supplier issues etc.
 Corrective Action
A plan created by management to rectify a non-conformance, and to
prevent it from recurring in future.
 Preventative Action
An action to clarify and address potential risks to the business, with a
view to reduce future non-conformances
ISO 9001:2008 is the title of a document (Standard) that outlines the
requirements an organization must accomplish in their quality
system for ISO 9001:2008 certification. There are several different
documents in the ISO 9000 family of standards, but ISO 9001-2008 is
the only ISO standard that requires certification. Here the “2008”
references the year of revision. It was previously called ISO 9001:2000,
which is now obsolete (as are ISO 9002 and ISO 9003) and replaced by
ISO 9001:2008 in the year 2008.
ISO 9001:2008 does NOT define the actual quality of your product or
service. The standard helps you achieve consistent results and
continually improve the process. Thus, if you can make a good
product most of the time, this helps you make it all of the time. It’s just
good business practices.
3.8 ISO 45000 SERIES OF STANDARDS

From the industrial data collated over the years, it was observed that over 6300
people die each day from work-related accidents or diseases - that’s nearly 2.3 million
every year*.
The burden of occupational injuries and diseases is significant, affecting both
for employers and the wider economy, resulting in losses from early
retirements, staff absence and rising insurance premiums.
To combat the problem, ISO has developed a new standard, ISO 45001,
Occupational health and safety management systems - to help organizations
reduce this burden by providing a framework to improve employee safety,
reduce workplace risks and create better, safer working conditions, all over the
world.
The standard follows other generic management system approaches such as
ISO 14001 and ISO 9001. It also considers other International Standards in this
area such as OHSAS 18001, the International Labour Organization's ILO –
OSH Guidelines, various national standards and the ILO's international labour
standards and conventions
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An organization is responsible for ensuring that it minimizes the risk of harm

to the people that may be affected by its activities (e.g. its workers, its
managers, contractors, or visitors), and particularly if they are engaged by the
organization to perform those activities as part of their “occupation”. The
Institute of Occupational Safety and Health, IOSH, estimates that there are 6.6
lakh deaths a year as a result of cancers arising from work environments.
Essentially for these reasons, ISO has developed an occupational health and
safety (OH&S) management system standard (ISO 45001) which is intended to
enable organizations to manage their OH&S risks and improve their OH&S
performance. The implementation of an OH&S management system will be a
strategic decision for an organization that can be used to support its
sustainability initiatives, ensuring people are safer and healthier and increase
profitability at the same time.
NOTE: The term “Occupational Safety and Health” (OSH) is often used in
place of “Occupational Health and Safety” (OH&S). An organization’s
activities can pose a risk of injury or ill-health, and can result in a serious
impairment of health, or even fatality, to those working on its behalf;
consequently it is important for the organization to eliminate or minimize its
OH&S risks by taking appropriate preventive measures. An organization’s
OH&S management system can translate its intentions to prevent incidents into
a systematic and ongoing set of processes (supported by the use of appropriate
methods and tools) and can reinforce the organization’s commitment to
proactively improving its OH&S performance.
It is logical that those working closest to an OH&S risk will be knowledgeable
about it. As such, the participation of workers in the establishment,
implementation and maintenance of an OH&S management system can play an
important role in ensuring that the risks are managed effectively. ISO 45001
emphasizes the need for worker participation in the functioning of an OH&S
management system, as well as requiring that an organization ensures that its
workers are competent to do their assigned tasks safely.
3.8.1 What is ISO 45001?
ISO 45001 is an International Standard that specifies requirements for an
Occupational Health and Safety (OH&S) management system, with guidance
for its use, to enable an organization to proactively improve its OH&S
performance in preventing injury and ill-health. ISO 45001 is intended to be
applicable to any organization regardless of its size, type and nature. All of its
requirements are intended to be integrated into an organization’s own
management processes. ISO 45001 enables an organization, through its OH&S
management system, to integrate other aspects of health and safety, such as
worker wellness/wellbeing; however, it should be noted that an organization
can be required by applicable legal requirements to also address such issues.
What ISO 45001 is NOT... ISO 45001 does not state specific criteria for
OH&S performance, nor is it prescriptive about the design of an OH&S
management system. An organization’s OH&S management system should be
specific to meet its own needs in preventing injuries and ill-health;
consequently a small business with low risks may only need to implement a
relatively simple system, whereas a large organization with high levels of risks
may need something much more sophisticated. Any type of system may be
capable of being in conformity with the requirements of the standard, provided
it can be shown to be appropriate to the organization and is effective. ISO
45001 does not specifically address issues such as product safety, property
damage or environmental impacts, and an organization is not required to take
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account of these issues unless they present a risk to its workers. ISO 45001 is
not intended to be a legally binding document, it is a management tool for
voluntary use by organizations from SME’s upwards whose aim is to eliminate
or minimize the risk of harm.
NOTE: There are a number of ILO conventions and standards (ILS)
concerning OH&S that have been adopted by countries around the world, to
varying degrees. ISO 45001 is broadly aligned with the provisions of the ILS.
3.8.2 The Benefits of Using ISO 45001.
An ISO 45001 based OH&S management system will enable an organization
to improve its OH&S performance by:
 developing and implementing an OH&S policy and OH&S objectives
 establishing systematic processes which consider its “context” and
which take into account its risks and opportunities, and its legal and
other requirements
 determining the hazards and OH&S risks associated with its activities;
seeking to eliminate them, or putting in controls to minimize their
potential effects
 establishing operational controls to manage its OH&S risks and its
legal and other requirements
 increasing awareness of its OH&S risks
 evaluating its OH&S performance and seeking to improve it, through
taking appropriate actions
 ensuring workers take an active role in OH&S matters.
In combination these measures will ensure that an organization’s
reputation as a safe place to work will be promoted, and can have more
direct benefits, such as:
 improving its ability to respond to regulatory compliance issues
 reducing the overall costs of incidents
 reducing downtime and the costs of disruption to operations
 reducing the cost of insurance premiums
 reducing absenteeism and employee turnover rates
 recognition for having achieved an international benchmark
(which may in turn influence customers who are concerned
about their social responsibilities)
3.8.3 Who are the Intended Users of the Standard?
The simple answer is all organizations. It should not matter if your
organization is a micro business, or a global conglomerate; if it is a non-profit
organization, a charity, an academic institution, or a government department.
As long as your organization has people working on its behalf, or who may be
affected by its activities, then using a systematic approach to managing health
and safety will bring benefits to it. The standard can be used by small low risk
operations as well as by high risk and large complex organizations in the same
way. While the standard requires that OH&S risks are addressed and controlled,
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it also takes a risk based approach to the OH&S management system itself, to
ensure
 that it is effective and
 being improved
to meet an organization’s ever changing “context”. This risk based
approach is consistent with the way organizations manage their other
“business” risks and hence encourages the integration of the standard’s
requirements into the overall management processes of the
organizations.
SAQ 3
a) Discuss the procedures for grant of license.
b) What is standardization? Discuss the role of BIS in monitoring
and maintaining standards.
c) List out the regional centers of BIS? What are its duties and
responsibilities?
d) What is ISO? What are benefits of acquiring ISO certification?
e) What are the core principles of ISO certification?
f) What is ISO-45000? What are its features?
g) What are the benefits of ISO-45001
3.9 SAFETY AUDIT
Suppose that you have studied this subject thoroughly but have not been
examined by anyone about your knowledge and understanding of the subject.
Then would you be recognized as safety officer?
Obviously, your answer is ‘No’.
This is because; you are not certified that you have learnt the subject. In other
words, you have not been tested authentically.
Similarly, safety audit is the authentic certification issued to an organization in
connection with its adherence to the safety principles and procedures and
commitment toward the health and safety of its employees.
Generally, a safety audit is a structured process whereby information is
collected relating to the efficiency, effectiveness, and reliability of the total
health and safety management system of a company. Safety audits are
conducted in compliance with legislation, and are used as a guide for designing
plans for corrective actions within a health and safety program.
Thus, an audit is defined as a systematic, independent and documented process
for obtaining “audit evidence” and evaluating it objectively against standards
to determine to what extent the ”audit criteria” are fulfilled.
What does safety audit check/ evaluate?
The following criteria is used to evaluate a company’s occupational safety and
health (OSH) system
 Whether or not the safety procedures the company's daily activities
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 Whether the processes conform to their planned health and safety

arrangements
 Whether their safety procedures are complying with government laws.
 Whether or not the planned arrangements are implemented effectively,
 Whether or not the safety procedures are effective to accomplish the
objectives of the organization's health and safety Policies.
Often it is a failure in health and safety management that results in a
serious incident. Safety audits assist in identifying failures within a
system, process, or program and the information gathered helps to
determine the best course of corrective action.
For example, European legislation says that ensuring the safety and
health of workers in every aspect related to the work, is the sole duty of
the employers. Hence, the employers have responsibilities not only to
take the necessary measures, including protection and prevention of
occupational risks, information and training of workers, but also to
assure an improvement in the level of protection afforded to workers.
Guidelines issued by national authorities in OSH at workplace describe
the elements of an OSH management system model, subjected to
periodic audits that could be conducted for successful implementation
of the legislation.
3.9.1 OSH Audit Information
The auditor should ensure that all necessary proofs are in place to demonstrate
the adequacy of the audit requirements. This means to collect information from
different sources that are relevant to the audit criteria. The audit information
should chiefly include:
 Employees’ declarations during interviews;
 records: inspection record, audit reports, occupational accident
records, professional diseases records, test reports (noise, dangerous
substances etc);
 documents: procedures, plans;
 web site addresses.
Information is then verified and the relevant ones become “audit evidence” to
be compared with the audit criteria in order to generate “audit findings”. These,
after being analyzed in relation to the objectives of the audit, will lead to the
“audit conclusion”.
In an audit of OSH management system, audit criteria are the references
against which the “audit evidences” are compared: policies, procedure and
requirements, related to occupational health and safety or standards, such as
OHSAS 18001, which is largely applied.
The methods of collecting/ verifying the necessary information are:
 interviews;
 examination of documents and records;
 direct observation of the performed activities and workplace
conditions, including specific measurements to be assessed, e.g.
exposure levels
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 referring relevant websites

3.9.2 OSH Audit Criteria and Standards Around the Globe
There are other standards too, containing audit criteria, applied in the United
States, Canada, Australia or even in some countries of Europe.
i. In Canada, there are a general standard/ standards for particular
economical activities, regarding specific requirements for the
implementation of a safety management system for firms engaged
in the transportation of goods and/or people on public roadways.
ii. In the United States a national standard has been developed
fulfilling the requirements for OSH management system and the
international standard regarding audit has also been adapted.
iii. In Australia and New Zeeland the audit criteria and criteria for
accreditation of OHS auditors are developed in a legal frame
adhering to the national standards.
All these standards are based on more or less the same principles and are in
most cases harmonized with the existing standards regarding quality
management system and environmental system.
The auditing process of OSH management system could be applied to the
entire organization’s system or to a subdivision of the organization.
3.9.3 Classification of Audits
The main types of OSH audits are:
i. Internal audits;
ii. External audits;
1.6.3 second party audits;
1.6.4 third party audits
OSH Internal audit
An internal audit is performed following the decision of the management and
it is applied to the activities of the same organization. The audit must be
independent and, in order to ensure the independence of the internal auditor
from the auditee, a possible solution is to use auditors from within the
organization, e.g. from other locations or other departments but not from the
auditee’s site. The other solution is to apply for external expertise.
Internal audits of the OSH management system are conducted in order to
determine whether the management system complies with the functioning plan
for OSH management, with respect to legal requirements or to the standards
and to review and evaluate the performance and effectiveness of OSH MS.
Internal audits can be made, for example, to check that hazards’
identification, risk assessment and that the controls are in place and up-to-date
and if the risk assessment reflects actual workplace conditions and practice.
OSH External audit: Second and Third Party Audits
A Second-Party Audit is performed following a decision of the organization’s
management by competent personnel from within the organization and/or by
external personnel selected by the organization and the audit is applied to the
activities of a second organization, usually a supplier of the first organization.
The purpose of the audit is for the auditor to verify if the auditee meets specific
requirements and become satisfied with the performance level of the auditee.
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The conclusions of the audit are communicated to the management of the two
organizations and to no other interested party.
A Third-Party Audit is performed following an application for
certification/registration against an OSH standard issued by an organization’s
management. It is undertaken by competent personnel from the
certification/registration body. It is applied to the applicant’s organizations and
the conclusions of the audit are communicated to the certification body and the
management of the applicant.
3.9.4 OSH Auditors – Qualifications and Abilities
The audit is performed by an audit team, which can be formed by one or more
individuals having specific competencies, abilities and experience in activities,
audit criteria and audit techniques. The team may include a lead auditor,
auditors, and technical experts.
The competence of the auditor is essential in performing a good audit and in
obtaining correct results for an audit. An auditor having a solid background in
general auditing techniques and requirements of the OSH standard, but only
superficial knowledge of the OSH regulations, procedures and standards
(legislation or best practices, hazards, risk assessment procedures,
characteristics or requirements for personal protective equipment) would be
able to only assess the formal accomplishment of the requirements and may
fail to reveal major non-conformities of the organization in adopting adequate
measures for preventing accidents or occupational diseases and for protecting
the health of the employees.
In fact, there is only one international specifications comprising various
requirements regarding the role, competencies and evaluation of auditors for
quality and/or environmental management systems. This standard is applied
worldwide, even though guidelines of documentation of the audit in a
particular industry might have been specified. In the absence of such standard
guidelines for auditors of OSH management system, these elements are
established by each certification body or organization applying OSH audits,
according to its own rules and procedure. The certification bodies adapt the
conditions established in standards for quality and environmental systems’
auditors to the particular aspects of the OSH management system.
For accomplishing the specific task, an auditor must have particular personal
attributes, knowledge and the skill to be able to apply the previous two in
conducting an audit.
An auditor should be -
i. correct, honest and discrete,
ii. with an open mind,
iii. ready to take into consideration alternative points of view or
hypotheses,
iv. able to attentively observe the surrounding environment and the
activities going on,
v. able to adapt to different situations,
vi. able to reach adequate conclusions based on logical reasons and
analysis and
vii. capable to act and perform independently the activities, although he/she
effectively interacts with other people
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In addition, an OSH management system auditor shall have knowledge and

abilities in the following fields:
 principles of prevention, legal requirements;
 other requirements related to health and safety at workplace or
environment, e.g. contractual conditions, standards or non-regulatory
guidelines related to the work environment, work equipment, personal
protective equipment;
 the requirements of the applied occupational health and safety standard
and of the guidelines for its application, including procedures, work
instructions, plans, programmes;
 identification of OSH hazards and effects on the exposed people
(human injury or ill health), risk assessment methodologies, methods of
controlling risks of incidents, statistics of accidents, good practices,
results of studies and research;
 design of work area, processes, installations, machinery/work
equipment, operating processes and work organization;
 auditing principles, procedures and techniques
A team leader must have additional knowledge and abilities for being capable
to plan the audit and to efficiently use the resources, to represent the audit team
in interactions with the client and the auditee, to organize and conduct the audit
team, to prevent or solve the eventual conflicts and to prepare and finalize the
audit report.
Experts provide consultation or advice to the auditors regarding particular
technical aspects of operations or of legal requirements, standards, etc.
A person can obtain the necessary competencies and abilities to perform
activities of auditing by a combination of education, training and experience.
In some countries (e.g. Romania), auditor of OSH management system’ is an
officially recognized occupation and the auditor’s formation is conducted by
approved institutions, on the basis of specific occupational standards.
3.9.5 OSH Audit Programme
The management of the audit programme and the activities should be in
accordance with guidelines (OHSAS, 2008) or the standards referring to
quality management system auditing. Any audit programme will be developed
taking into account the management’s priorities, OSH management system’s
requirements, legal or contractual requirements, clients' requirements etc.
The frequency and coverage of audits in an audit programme should be
established taking into account the maturity of the system, the risk of failure of
the various elements of the management system, the data obtained from the
previous management review and the extent to which the OSH management
system and the organizational activities are subject to changes. Audits must be
accomplished especially when changes occur in risk assessment or in the
organization, and when an increasing rate of incidents or of the gravity of
incidents is noted.
An audit programme can include audit follow-up, as part of each audit or
separately.
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OSH Internal Audit Programme and Objectives

The internal audit programme should be planned and established on the
basis of the risk assessment and previous audits and shall be maintained and
implemented by the organization. A typical internal audit programme, includes
series of audits, it is established for one year and shall cover all the areas and
activities and all the audit criteria/ requirements.
The OSH internal audit programme could have the following objectives
 the evaluation of the compliance of the OSH management system with
the occupational safety and health standards (system level),
 to review and evaluate the performance and effectiveness of the OSH
system (operational level),
 to analyze compliance capability of the organization to legal
requirements (compliance audit) or to some particular aspects (record
management and documentation, incident management etc.)
External Audit Programme: Second and Third Party Audits
A Second–Party Audit Programme should be planned on the basis of the
assessment of the activities of the supplier/contractor, the impact to the risk
assessment of the supplier/ contractor to the policy and objectives of the first
organization and the results of the previous audits. A typical second–party
programme length is six months.
It usually has the objective of providing and maintaining confidence in the
capability of a supplier/contractor to respect the occupational safety and health
requirements of an organization.
A Third Party Audit Programme is planned and established on the grounds
pertaining to the size of the organization and the nature of risks involved,
following the procedures of the certification bodies.
It has the objective of evaluating the conformity/ compliance of the OSH MS
of an organization with the requirements of an OSH standard or other
recognized audit criteria.
A typical certification/ registration audit programme is for three years and
includes:
 an application and an agreed contract, pre-audit (optional),
 review/examination of the documentation, certification auditing and at
least two surveillance audits (typically at 6 and 12 months spans) and,
 where the case arises, follow-up audits.
 Auditing undertaken for purposes of certification must cover all areas
and activities within the scope of OSH management system and shall
assess the conformity with all the requirements of the standard to be
applied.
3.9.6 OSH MS Audit Activities
The process of auditing originated in the domain of finance and accounting and
it was translated to social audits and OSH MS audit.
Audit generally means an on-site audit. Activities in a typical on-site audit are
similar to those for auditing quality systems:
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 initiating the audit;

 conducting document review (analysis of the relevant documents of
OSH MS, including records in order to determine their adequacy);
 preparing the activities to be undertaken during the on-site audit (audit-
plan, tasks of audit team, check-lists, questionnaires);
 conducting the audit (opening meeting, communication modalities,
collecting and verifying the information, generating the audit findings,
preparing the audit conclusions, end meeting);
 preparing and communicating audit report;
 completing the audit (preparing, approval and transmission of the audit
report);
 performing the audit follow up
The audit report must summarize all the activities performed during the audit
and must comprise information on identification of the audit, a summary of the
audit process, including obstacles which could affect the confidence in audit
conclusion, audit findings, including details of non-conformities and audit
conclusion. Internal or second-party audits may include suggestions for
improvement of the healthy and safety at work place.
The General Principles and Norms of OSH Audit
The following principles are to be observed in audit activities:
a) Principles regarding the OSH auditors
 ethical behavior;
 correct report;
 adequate professional attention
b) Principles regarding the OSH audit
a) independence;
b) evidence
The General Norms of OSH Audit
a) The audit should ensure that an important part of the main activities is
sampled and the concerned personnel are interviewed, otherwise the
audit would come out with to false conclusions.
b) The examination of the documents, records or the observation of
equipment, installations and on-site activities should not be performed
super facially but profoundly.
c) The auditors should have the capacity to detect deficiencies in
identification of dangers and risk assessment, non-conformities of
equipment, negligence in respect to preventive or monitoring measures.
d) The interviewed personnel should not be only the top-manager, OSH
management representative and executives, but also workers and, if it is
the case, external personnel, such as contractors.
e) Interviewing the workers should be an important part of an audit, in
order to determine the measure to which the organization really
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implemented the OSH arrangements, the awareness of the employers,

internal communications, and the participation of the workers in the
OSH matters.
3.9.7 Audit Review – The Utilization of Audit Results (Benefits &
Weankness)
The top management review is one of the most important instruments in order
to determine if the OSH MS is appropriate to the organization’ structure,
operations and personnel, is adequate to the organization policy and objectives
and is implemented with effectiveness and to adopt the best measures for
improvement. However, experts’ opinion is that internal audits should not be
used as a primary tool for measuring the effectiveness of OSH management
system, as long as they are of an infrequent nature. Internal audits are
characterized by the risk of concentrating on the extent of compliance by the
organization with its own OSH policies, procedures and standards, instead of
assessing if the system is capable of delivering the required level of safety
appropriate to the organization. In such cases, the organization is compared
itself with itself.
The outputs of the audit programme are performance indicators, such as safety
audits conducted, the percentage of sub-standard conditions identified and
corrected as a result of the safety audit. These outputs are used in the top
management review as inputs, together with other indicators of safety
performance or measurements. The details of non-conformities found during
the internal or third-party audit can be used in the management review for
establishing the weak points of the OSH management system and for adopting
adequate measures to prevent failures .
The findings and conclusions of internal audits having as the objective of
reviewing and evaluating the performance and effectiveness of occupational
safety and health management systems are used to define new objectives for
the OSH management system or to adopt measures for continual improvement
of the system.
Benefits of Safety Audit
The main benefits of safety audits are found in the form of:
 Ensuring the safety principles are practiced
 Assuring the employees that their health and safety are taken care of
 Promoting constant review of systems to ensure that they do not
become weakened by habit
 Facilitating planned improvements to programs, policies, and
procedures
 Identifying the weaknesses in human resources departments
 Demonstrating management’s dedication to employee health and safety
Weakness in Audit and Certification of the OSH – MS
Certification is supposed to add extra quality to the internal OSH management
system, because the audits presumably ensure both compliance and continuous
focus on improvement of the health and safety at the work place, but this goal
is not entirely fulfilled due to the weaknesses of the process, presented below.
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 Traditional management standards have a bias towards identifying

deviations and solutions in a way that promotes viewing them as
technical problems with unambiguous technical solutions and the
management of the organization, as well as auditors, prioritize safety
issues and issues having a single cause-and-effect problem and a
technical solution, ignoring the working environment related issues,
presenting a dilemma.
 The audits for certification require standardized solutions to OSH
problems, and consequently, standardization is promoted indirectly in
the certified systems, but increased standardization may at times, have
its own limitations, especially when different types of industries with
their own set of problems are concerned. Increased standardization, in
itself compromise areas as the professional judgment of workers or
more flexible solutions. The mechanisms of certification in this way
partly reconstruct the work environment that they are supposed to
control.
 The certification once done, often induces the leisureliness in
managements and OSH MS enforcement authorities
OSH audits actually fail also when one of the following causes is involved:
a) a lack of auditor independence (overt and intentional or covert) and a
lack of skill (lacking in elements of technical or legislative knowledge),
leading to confusing or misleading results
b) focus of the auditors on audit of documentation and failure to allow
worker participation;
c) paperwork for the sake of the audit – organizations generate and retain
documentation in order to meet the audit criteria, overly prescribing
work activities and making rules that are unworkable, with little impact
on the action that are necessary to make the workplace healthy and safe
and even actually prevent such actions;
d) unintended consequences of audit scoring – organizations focus on the
goal of passing an OSH management system audit at the expense of the
more vital goal of making the workplace healthy and safe;
e) the confusion of audit criteria – reductionist reporting of audit results
(done or not done, good or bad) may oversimplify matters that should
cause concern and the confusion of audit criteria with the OSH MS
itself may divert attention away from actions to improve OSH and
towards activities that ensure audit success.
Such aspects explain why a positive conclusion of an audit or certification of
the occupational safety and health management system is not a guarantee of
the compliance with all the requirements of OSH MS and may lead to a false
sense of security and why serious accidents have happened soon after an on-
site audit.
Even in organizations with successful implementation and certification of OSH
MS, it can be observed that the external performance for an external audience
became the major issue for company management and the demand for visible
performance changes the focus from internal identification and control of the
work environment to the ability to demonstrate that the work environment is
safe and problem-free. The subtle difference between making the workplace
safe and getting a certificate that it is safe, needs to be appreciated here.
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Management’s focus on safety, especially the system of monitoring safety, led

to a neglect of some areas, such as psychosocial issues, job intensity (related to
work pressure and production goals), poor management and general concern
for employee well-being. Auditors appear to accept these priorities, most of
them identifying minor technical deviations and no offering comments on the
exclusion of psychosocial risks.
Accreditation of certification bodies and their periodical independent
evaluation focused on critical factors that may undermine the effectiveness of
the audit procedures could minimize the impact of negative factors that lead to
a false conclusion of the external audits.
SAQ 4
a) What is safety audit? What is its significance? How is it different
from financial audit?
b) Classify audit systems? Explain about the internal audit.
c) What is an external audit? Discuss.
d) What are the qualifications and abilities required/ desirable for
auditors?
e) What are the objectives of OSH- MS audit?
f) What are the general principles and norms of OSH audit?
g) What are issues that are taken care in safety audit process?
h) What are the benefits of safety audit?
i) What are the weaknesses of audit and certification of OSH-MS?
3.10 CASE STUDY
Case Study: Bhopal Gas Tragedy

In the early morning hours of December 3, 1984, a poisonous grey cloud (forty
tons of toxic gases) from Union Carbide India Limited (UCIL's)1 pesticide
plant at Bhopal spread throughout the city. Water carrying catalytic material
had entered Methyl Isocyanate (MIC) storage tank No. 610. What followed
was a nightmare.
The killer gas spread through the city, sending residents scurrying through the
dark streets. No alarm ever sounded a warning and no evacuation plan was
prepared. When victims arrived at hospitals breathless and blind, doctors did
not know how to treat them, as UCIL had not provided emergency information.
It was only when the sun rose the next morning that the magnitude of the
devastation was clear. Dead bodies of humans and animals blocked the streets,
leaves turned black, the smell of burning chilli peppers lingered in the air.
Estimates suggested that as many as 10,000 may have died immediately and
30,000 to 50,000 were too ill to ever return to their jobs.
The company involved in what became the worst industrial accident in history
immediately tried to dissociate itself from legal responsibility. Eventually it
reached a settlement with the Indian Government through mediation of that
country's Supreme Court and accepted moral responsibility. It paid $470
million in compensation, a relatively small amount of based on significant
underestimations of the long-term health consequences of exposure and the
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number of people exposed. The disaster indicated a need for enforceable

international standards for environmental safety, preventative strategies to
avoid similar accidents and industrial disaster preparedness.
Since the disaster, India has experienced rapid industrialization. While some
positive changes in government policy and behavior of a few industries have
taken place, major threats to the environment from rapid and poorly regulated
industrial growth remain. Widespread environmental degradation with
significant adverse human health consequences continues to occur throughout
India.
Background:
In the 1970s, the Indian government initiated policies to encourage foreign
companies to invest in local industry. Union Carbide Corporation (UCC) was
asked to build a plant for the manufacture of Sevin, a pesticide commonly used
throughout Asia. The company built the plant in Bhopal because of its central
location and access to transport infrastructure. The specific site within the city
was zoned for light industrial and commercial use, not for hazardous industry.
The plant was initially approved only for formulation of pesticides from
component chemicals, such as MIC imported from the parent company, in
relatively small quantities. However, pressure from competition in the
chemical industry led UCIL to implement "backward integration" – the
manufacture of raw materials and intermediate products for formulation of the
final product within one facility. This was inherently a more sophisticated and
hazardous process.
HOW DID IT HAPPEN?
The gas leak in the Union Carbide was reported after midnight on the
intervening night of December 2 and 3. The incident had taken place at the
Plant Number C of the Union Carbide factory in Bhopal.
As the cool morning breeze picked up pace, it carried the poisonous gas
leaking from the Union Carbide factory to rest of the city and killing people -
both awake and asleep. As per government's affidavit, about 3,000 people died
of poisonous gas within a few hours of the incident.
It is estimated that about 40 tonnes of methyl isocyanate (MIC) gas and other
chemicals leaked from the Union Carbide factory. Methyl isocyanate is
extremely toxic and if its concentration in air touches 21ppm (parts per
million), it can cause death within minutes of inhaling the gas. In Bhopal, the
level was multiple times higher.
Negligence on the part of the Management:
It seems that the UCIL was trying to minimize cost by compromising with the
health and safety standards. There is no sensitivity towards the environment or
the wellbeing of the locals residing around the plant. The loss could have been
significantly less if only UCC had a crisis management plan. Instead, the plant
focused on evading liability, withholding information and ignoring the impact.
It accepted moral responsibility but denied legal liability.
UCC admitted in their own investigation report that most of the safety systems
were not functioning on the night of the 3rd December 1984
Tank temperatures were not logged;
· The vent gas scrubber (VGS) was not in use;
· The cooling system was not in use;
· A slip bind was not used when the pipes were washed;
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· The concentration of chloroform in Tank 610 was too high;

· The tank was not pressurized;
· Iron was present because of corrosion;
· The tank’s high-temperature alarm was not functioning;
· Tank 619 (the evacuation tank) was not empty.
This shows how the safety of the workers as well as the city was taken casually.
The company was reluctant in investing more in the safety standards as the
plant was already in loss. Further, it seems that the lack of governmental
pressure and monitoring did not invoke any sense of urgency for the company.
The responsibility for the incident lies majorly with the company but the state
has neglected its own part too.
In the Constitution of India, it is clearly stated that it is the duty of the state to
‘protect and improve the environment and to safeguard the forests and wildlife
of the country’ Environment has also been discussed in the Directive Principles
of State Policy. The Department of Environment was established in India in
1980 to ensure a healthy environment for the country.
The state failed in monitoring the industry properly. It should not have granted
permission for a hazardous plant to be in operation in such a populated area.
Even if the plant operates within the city, it is the duty of the state to closely
monitor its activities in order to ensure compliance of safety standards. The
state should have a mechanism in place for an emergency situation. A gas leak
is a reasonably foreseeable event. The government should have gathered
information on the type of gases that the company uses. It should have
organized mock drills and ensured that the public is aware of the dangers.
Stringent action should have been taken in case of any non-compliance.
Aftermath
Immediately after the disaster, UCC began attempts to dissociate itself from
responsibility for the gas leak. Its principal tactic was to shift culpability to
UCIL, stating the plant was wholly built and operated by the Indian subsidiary.
It also fabricated scenarios involving sabotage by previously unknown Sikh
extremist groups and disgruntled employees but this theory was impugned by
numerous independent sources.
In March 1985, the Indian government enacted the Bhopal Gas Leak Disaster
Act as a way of ensuring that claims arising from the accident would be dealt
with speedily and equitably. The Act made the government the sole
representative of the victims in legal proceedings both within and outside India.
Eventually all cases were taken out of the U.S. legal system under the ruling of
the presiding American judge and placed entirely under Indian jurisdiction
much to the detriment of the injured parties.
The Legal Battle: - In the February of 1985, the Indian Government filed a
case in the U.S Court for a claim of $3.3 billons against the Union Carbide
Corporation. But by 1986 all of these litigations in the U.S District were
transferred to India on the grounds of forum non conveniens. It means that the
case should be transferred to a more convenient forum so that the trial
proceeds smoothly. Meanwhile in March 1985, the Bhopal Gas Leak Disaster
(Processing of Claims) Act was passed which empowered the Central
Government to become the sole representative of all the victims in all kinds of
litigations so that interests of the victims of the disaster are fully protected and
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the claims for compensation are pursued speedily. In the year 1987, cases were
filed in the Bhopal District Court which ordered the Union Carbide
Corporation to pay 350 crores as interim compensation. But the interim order
could not be decreed and therefore the UCC refused to pay the amount. Later
on, at the High Court, this interim compensation amount was reduced to 250
crores. Both the Union of India and the UCC preferred appeals by special leave
against this High Court's order.
The Settlement Order: - But a major twist to these legal proceedings came
through the settlement order which was stroked out between the Indian
Government and the Union Carbide in an out of Court settlement in February
1989. Through this deal the liability of the Union Carbide was fixed at $470
millions in full and final settlement of all claims, rights, and liabilities arising
out of the disaster. The terms of the settlement were such that it limited liability
under all future claims as well, whether they were civil or criminal. This would
mean that henceforth, all kinds of liability arising out of the disaster could be
fixed only upon the Government of India and the Union Carbide would be held
liable only to the extent of $470 millions.
This was indeed a bad move as the settlement would limit liabilities under
future claims as well. Moreover, $470 millions was not sufficient to
compensate all the injured. In fact, it is hardly 15% of the original claim of
$3.3 billions at the U.S Supreme Court.
This obviously evoked criticisms from all corners. A number of review
petitions were filed at the Supreme Court questioning the validity of the
settlement order. The settlement order was challenged on various grounds.
Firstly, it was pointed out that the settlement order was between the Union of
India and the Union Carbide Corporation, whereas the actual people who are
going to be affected by such a settlement order would be the victims of the
tragedy. Thus, the first argument raised was that the settlement order is void
because no notice was given to any of the people whose interests would be
affected.
But all these contentions were rejected by the Supreme Court and the validity
of the settlement order was upheld in the case, Union Carbide Corporation v
Union of India, the judgment being delivered on October 3, 1991. The Court
upheld the validity of the settlement order in all aspects except the condition
quashing the criminal proceedings. The condition quashing the criminal
proceedings alone was held unjustifiable but all other aspects including the
amount of compensation decided in the settlement order were held to be valid.
The Court was of the opinion that the subject matter of the deal was not illegal
and that there was no valid reason to render the contract void. The settlement
only limits the liability of the Union Carbide and this does not affect the
victims in anyway because in any case the settlement fund is to be found
insufficient, then the deficiency is to be made good by the Union of India. Thus,
no liability could be fixed on the Union Carbide. This would obviously mean
that if the claims exceed $470 millions, the excess liability can only be
compensated by the Union of India and the Union Carbide cannot be made
responsible for that in any manner.
The settlement order was reached because of the urgent demands to
compensate the victims. The very basic consideration motivating the
conclusion of the settlement order was the compelling need for urgent relief.
Though the amount stroked out may prove to be inadequate the deal stands
valid in all aspects and no further liability could be placed on the Union
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Carbide. The rationale behind the judgment is that withdrawal of a prosecution

with a good motive, such as providing relief to the victims of a disaster is not
opposed to public policy and hence the deal would stand valid.
The Criminal Proceedings: - Apart from these civil proceedings, criminal
proceedings were also initiated before the Chief Judicial Magistrate in Bhopal.
The case was instituted in the year 1987. Since the clause in the settlement
order which quashed the criminal proceedings was held invalid and
unjustifiable, the criminal proceedings initiated could continue. The judgment
was delivered only on June 7, 2010, 26 years after the disaster. The
proceedings were initiated under Section 304 A, and Sections 336, 337, and
338 read with Section 35 of the Indian Penal Code. Section 304 A deals with
causing death by negligence. Sections 336, 337 and Section 338 deal with the
offences of endangering life and personal safety of others. This is read along
with Section 35 which deals with the aspect of common intention.
In this case, the prosecution argued that the whole disaster was a result of
running a defectively designed plant with a number of operational defects
without any reasonable care. The prosecution submitted the findings by the
Council of Scientific and Industrial Research (CSIR) to substantiate their
contentions. The team of scientists from the CSIR noticed series of negligence
and wrong doings while operating the plant, which show that the business was
carried out with reckless indifference to the public. The Company authorities
had the knowledge and the properties of how dangerous a gas is MIC and still
carried on the activities with gross negligence, recklessness and utter disregard
to the public. The element of criminality is introduced by the accused having
run the risk of doing such an act with recklessness and indifference to the
consequences. The UCC being a company dealing with a substance like MIC,
it owes a duty of care to the public. The activities of the enterprise falls far
below the standards required and therefore, the prosecution argued that it
amounted to gross negligence.
For all these contentions, the UCC came up with several defenses. Firstly, they
argued that the reports by the CSIR cannot be admitted as evidence. It was that
CSIR was merely a fact finding body and that it was constituted for a very
limited purpose. Therefore, it was argued that its contents could not be taken as
proof. Secondly, it was contended that the Company had obtained all licenses
and approvals from the Government for carrying out the business under the
Designed Transfer Agreement & Technical Service Agreement. All other
permits required were also duly obtained and hence the UCC argued that they
carried out their business in a completely authorized manner with the
permission being obtained by the Government of India itself. Moreover, it was
submitted that none of the Company officials had any criminal intention to
cause any harm to any member of the public. The Company refused to admit
any kind of negligence on its part. All these were based on the principle that
vicarious liability is not applicable under criminal law and therefore the
directors cannot be held liable for the negligence of the workers.
The UCC also denied all allegations that the UCIL plant in India was not
properly designed. It further submitted that the MIC plant at Bhopal was
designed in the same pattern as that of the MIC plant in Verginia, USA. But it
is important to note that The Government of India was never permitted to visit
the plant at Vergina.
The Judgment: - But all of these contentions were rejected and all the accused
were found guilty and were subjected to imprisonment and were also liable to
fine. But these orders could not be enforced as some of the accused did not
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appear in the Court. Mr. Warren Anderson, who was the chairman of the UCC
at the time the disaster took place, is still absconding and all requests for his
extradition still remain unsuccessful as the U.S Government rejected it.
Legal Issues: One of the main issues which the Bhopal Gas tragedy raises is
the issue of absolute liability. This issue was elaborately discussed in the case
of M.C Mehta v Union of India. The principle of absolute liability states that
when an enterprise is engaged in hazardous or inherently dangerous industry
and if any harm results in account of such activity then the enterprise is
absolutely liable to compensate for such harm and that it should be no answer
to the enterprise to say that it had taken all reasonable care and that the harm
occurred without any negligence on its part. In such industries, the principle of
safe design would be that one does not guard merely against the most
predictable, routine type of accidents. Rather one tries to anticipate the worst
that could happen, even if it is highly unlikely, and not only guard against it,
but prepare to contain it and make sure that there is no way for that even to
take place.
This is the principle of absolute liability and liability can be fixed even if there
is no negligence on part of the accused. In the case of absolute liability, even
the defenses available under strict liability would not apply. Thus, even if the
accident is some freak incident, liability would still be fixed. In such a case, it
would be no good defense to argue that the direct or the proximate cause of the
accident was not the carrying of such hazardous activity, but it actually is an
Act of God or that it is due to some third party intervention. Even if the
Company had taken extreme precautions to ensure that such events do not take
place, responsibility would still be fixed on them.
The Bhopal Gas Tragedy is also in a way responsible for the passing of the
Public Liability Insurance Act, 1991 which provides for compulsory insurance
of any unit or factory undertaking a hazardous activity.
Conclusion:- The tragedy is still considered to be the world’s worst industrial
disaster. To prevent such events from occurring in the future, the government
should thoroughly check and regulate such industries. They should be placed
under constant surveillance and the activities of such industries should be
monitored at least once in every six months. Any kind of repair in any of the
machines or equipments should be immediately attended to. The government
should take it upon itself to make sure that everything is functioning properly.
Apart from this, the government should also make sure that there is a proper
mechanism for compensation to the victims. It should ensure speedy justice
and should make sure that proper relief is given to the victims.
In the event of such a large scale disaster as Bhopal, the questions like who is
right and who is wrong and who was negligent and who was not become
totally irrelevant in the plight of thousands of people who get affected in one
single night.
It is totally unjustifiable to leave even a single victim without providing relief.
Hopefully, such incidents should never occur again, and even if they do, we
should not forget the lessons from Bhopal and we should make sure that any
law capping the limit on the liability of such large magnitude disasters should
be declared as unconstitutional.
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Questions:
a) Briefly describe the background of the disaster
b) Do you think that the negligence on the part of the management was
the prime reason for the disaster? If yes, justify your views
c) Could the accident be prevented?
d) What was the attitude of the management after the disaster?
e) Give an elaborate description of the legal battles started after it
f) Do you find the settlement order fair and just?
g) Please explain your understanding of absolute liability
h) What did we learn from this unfortunate disaster?
3.11 LET US SUM UP
This unit focuses on approval, licensing and registration of factories in

accordance with the provisions under Section 6 of the Factories Act – 1948. If
approval is not done automatically, an appeal against refusal to grant
permission may be submitted through a notice by occupier. The contents of
notice are given. The inspection is another important aspect for establishing a
new factory while for monitoring and compliance with norms particularly, for
quality and safety for already existing firm. The role and duties of inspectors
and the consequences of hiding or misinterpreting the information, misleading
and obstructing an inspector are discussed. Yet another important aspect is
appointing the certifying surgeons, whose duties are to certify the worker’s age,
and other health conditions as required by the employment in compliance with
the Factories Act-1948. The Process of recognition is narrated including the
scrutiny, processing as well as rejection procedures of application. Procedure
for grant of license is explicated. The importance of standardization and
certification of the products and processes at both national level (BIS) and
international level (ISO) are described. The advancements and an exclusive
ISO Certification in safety are discussed by introducing ISO 45001. Finally,
the safety audit, audit programs, auditor qualifications, audit activities, benefits
and weaknesses are also discussed at the end of this unit.
3.12 KEY WORDS
 Section 6 of Factories Act: empowers State Govt to licensing and

registration of factories.
 Notice by Occupier: An obligation on the occupier to send a written
notice, with prescribed particulars, to the Chief Inspector at least 15
days before starting.
 Inspector: Every District Magistrate is an Inspector for his/her district.
 Certifying Surgeons: Qualified medical practitioners to certify for
specified local areas/factories.
 BIS: Bureau of Indian Standards
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 ISO: International Organization for Standardization

 OHS or OH & S: Operational Health and Safety
 OSH: Occupational Safety and Health
 OSH-MS: Occupational Safety and Health – Management System
 ISO-9000: Guidelines for international standards in quality systems
 ISO-45001: Guidelines for international standards in Occupational
Safety and Health systems
 Initial Audit: A team for initial audit constituted to visit the applicant
lab.
 Hallmarking: The certification for quality standards for Gold Jewellery
in India
 Safety Audit: Evaluation and authentication of a company’s
occupational safety and health (OSH) system
 OSH Internal Audit: An audit performed by an independent internal
committee following a decision of the organization’s management and
it is applied to the activities of the same organization.
 OSH External Second-Party Audit: Following a decision of the
organization’s management, within the organization and/or by external
personnel, the audit is applied to the activities of a second organization,
usually a supplier of the first organization.
 OSH External Third-Party Audit: Following an application for
certification/ registration against an OSH standard issued by an
organization’s management, undertaken by competent personnel from
the certification/registration body.
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UNIT 4 PROVISIONS OF WELFARE UNDER
FACTORY ACT 1948
Structure
4.1 Introduction
Objectives
4.2 Origin and Development of Factories Act – 1948
4.3 Provisions under Factories Act – 1948
4.3.1 Health Provisions
4.3.2 Safety Provisions
4.4 Welfare Provisions under The Factories Act – 1948
4.5 Welfare Facilities outside Factory Premises
4.6 Employment Rules for Adults
4.7 Employment Rules for Young Persons
4.7.1 Employment of Children
4.7.2 Working Hours for Children
4.7.3 Other rules regarding the employment of young persons
4.7.4 Child-Labour
4.8 Holidays and Leaves
4.9 Case Study
4.10 Let Us Sum Up
4.11 Key Words
4.1 INTRODUCTION
Labour welfare refers to the efforts made by the employers to improve the
working and living conditions over and above the wages paid to them. In its
widest sense it comprises all matters affecting the health, safety, comfort and
general welfare of the workmen, and includes provision for education,
recreation, thrift schemes, convalescent homes”. It covers almost fields of
activities of workers e.g., social, economic, industrial and educational.
More specifically, the term ‘Labour Welfare’ refers to the facilities provided to
workers inside and/or outside the factory premises such as canteens, restrooms,
recreation facilities, housing and all other services such as health, education etc.
that significantly contribute to the general wellbeing of the workers.
In the early stages of industrialization, welfare activities for factory workers
did not receive adequate attention from any corners. Employers were not
inclined to accept the financial burden of welfare activities. Wherever
employers provided for such amenities, it was more with a paternalistic
approach to labour rather than recognition of workers’ needs. Hence the state
had to intervene, in discharge of its welfare responsibility, by using its
persuasive powers and/or by enforcing legislation, where persuasion failed.
Compulsory provisions are thus incorporated in the Factories Act, 1948 with
respect to the health, safety and welfare of workers engaged in the
manufacturing process. In the previous lesson (unit-2), we have studied the
jargon, definitions and characteristics of terms involved with factories. Further,
the provisions for wellbeing (particularly, health and safety) of factory workers
are introduced under the duties and responsibilities of occupier and manager.
In this lesson, we shall discuss in detail about the wages and welfare measures
for workers in factories.
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Objectives
 Describe various provisions for the workers’ welfare through their
health and safety under Factories Act – 1948
 Discuss various sections on the welfare activities for workers as
specified under Factories Act – 1948
 Explain the employment rules for adults and women
 Explicate the restrictions and rules for the employment of young
persons and children
 Narrate the working hours and leave rules for employees working in a
factory
4.2 ORIGIN AND DEVELOPMENT OF FACTORIES

ACT – 1948
Before discussing about the welfare measures for factory workers, we shall
briefly review the origin and development of the Factories Act, because the
very reason for evolving this act is – ‘The Welfare’
The Origin
In Great Britain, there was a rapid growth of industrial towns & factories
during the second half of the 18th century. As these factories were set up
virtually without proper planning, most of the cases, the factories used to run
on ad hoc basis. Even women as well as their children were also employed in
the factories where they needed to work for more than 12 hours a day. Some of
the employers however, took initiative to implement labour legislations for the
wellbeing of its workers and as a result, the Factories Act came into existence
in 1819. After some modifications, the final amended of Factories Act took
place in 1948.
In India, the First factories Act was passed in 1881. This Act was basically
designed to protect children and to provide few measures for health and safety
of the workers. This law was applicable to only those factories, which
employed 100 or more workers. In 1891 another Factories Act was passed
which extended to the factories employee 50 or more workers.
The Objectives of Factories Act
The Factories Act, 1948 was brought in with the following objectives:
 To ensure adequate safety measures and
 To promote the health and safety and welfare of the workers employed
in factories.
 The act also makes provisions regarding employment of women and
young persons
 Annual leave with wages etc.
[Note: The Act extended to whole of India including Jammu & Kashmir and
covers all manufacturing processes and establishments falling within the
definitions of “factory” as defined u/s 2(m) of the act. Unless otherwise
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Provision of Welfare
under Factory Act 1948
provided it is also applicable to factories belonging to Central/State
Government (section 116)]
How Does ‘The Act’ Act?
The Factories Act-1948 (Act No. 63 of 1948), as amended by the Factories
(Amendment) Act, 1987 (Act 20 of 1987), serves to assist in formulating
national policies in India with respect to occupational safety and health in
factories and docks in India. It deals with various problems concerning safety,
health, efficiency as well as and well-being of the persons at work places and
acts as follows.
The Act is administered by the Ministry of Labour and Employment in India
through its Directorate General Factory Advice Service & Labour Institutes
(DGFASLI) and by the State Governments through their factory inspectorates.
DGFASLI advises the Central and State Governments on administration of /
adherance to the Factories Act, in coordination with the factory inspection
services in the States.
The Act is applicable to any factory using power & employing 10 or more
workers and if not using power, employing 20 or more workers on any day of
the 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 whereon twenty or more workers are working, or were working on any day
of the 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; but this does not include a mine, or a mobile unit belonging to the armed
forces of the union, a railway running shed or a hotel, restaurant or eating place.
Who Are Factory Workers?
At the outset, the act defined various terms used in the factory. The most
important two terms, for our discussion here are ‘the factory’ and ‘the
manufacturing processes’. We shall recall their definitions to know who are
called factory workers and also to describe who are covered under this act.
[The Act makes detailed provisions in regard to various matters relating to
health, safety and welfare provisions. These are already discussed in the unit –
2. However, for ready reference, we shall briefly discuss here and recall them].
Factory
“Factory” is defined in section 2(m) of the Act. It means any premises
including the precincts thereof-
 Whereon 10 or more workers are working, or were working on any day
of the preceding 12 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
 Whereon 20 or more workers are working, or were working on any day
of the preceding 12 months, and in any part of which a manufacturing
carried on. But does not include a mine subject to the operation of the
Mines Act, 1952 or a mobile unit belonging to the Armed forces of the
Union, a railway running shed or a hotel, restaurant or eating place.
Manufacturing Process
“Manufacturing process” means any process for-
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 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
 Pumping oil, water, sewage or any other substance; or
 Generating, transforming or transmitting power; or
 Composing types for printing by letter press, lithography,
photogravure or other similar process or book binding
 Constructing, reconstructing, repairing, refitting, finishing or
breaking up ships or vessels;
Thus, all those people who are working in or connected to the
above areas are covered by this act.
SAQ 1
a) Give a brief history, origin and development of the Factories Act
– 1948.
b) Define and explain the term ‘factory’.
c) Define and explain the term ‘manufacturing processes’. List out
various processes under it as specified under Factories Act.
d) Enumerate the objectives of Factories Act
e) What do you understand by the term ‘Factory Worker’? explain
in detail.
4.3 PROVISIONS UNDER FACTORIES ACT – 1948
The Factories Acts consists of various provisions described in eleven (11)

chapters as shown in table 4.1. The various measures under Factories Act 1948
taken by factories for health, safety and welfare of their workers, are provided
under Chapters III, IV and V of the Act. Though the main welfare activities are
prescribed under chapter V, truly speaking, the other provisions such as health
and safety also cover the welfare of workers indirectly. Therefore, these are
also discussed here in this unit. To sum up, the provisions under Factories Act
can be broadly classified under five categories as Health, Safety, Welfare,
Working Hours and Annual Leave With wages.
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Table-4.1: Chapters and Their Contents of Factories Act – 1948
Chapter Contents
CHAPTER I – Jargon/Definitions and conceptual Framework
CHAPTER II – The Inspecting Staff
CHAPTER III – Health
CHAPTER IV – Safety
CHAPTER IVA – Provisions relating to Hazardous processes
CHAPTER V – Welfare & Grievance
CHAPTER VI – Working hours of adults
CHAPTER VII – Employment of young persons
CHAPTER VIII – Annual leave with wages
CHAPTER IX – Special provisions
CHAPTER X – Penalties and procedure
CHAPTER XI – Supplemental
4.3.1 Health Provisions

Chapter III (Section 11 to 20) of the Factories Act, 1948, deals with the
provisions relating to the health of the workers in a factory. At the outset, we
shall first review, Chapter III of the Act that deals with the following aspects.
Cleanliness of the factory premises
Section 11 ensures the cleanliness in the factory. It must be seen that a factory
is kept clean and it is free from effluvia arising from any drain, privy or other
nuisance. The Act has laid down following provisions in this respect:
 All the accumulated dirt and refuse on floors, staircases and passages in
the factory shall be removed daily by sweeping or by any other
effective method. Suitable arrangements should also be made for the
disposal of such dirt or refuse.
 Once in every week, the floor should be thoroughly cleaned by washing
with disinfectant or by some other effective method [Section 11(1)(b)].
 Effective method of drainage shall be made and maintained for
removing water, to the extent possible, which may collect on the floor
due to some manufacturing process. If the floor is wet because of any
of the manufacturing process, effective drainage shall be provided.
 To ensure that interior walls and roofs, etc. are kept clean, it is laid
down that:
 white wash or color wash (for washable surface) should be
carried out at least once in every 14 months;
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 where surface has been painted or varnished, repainting or re-

varnishing should be carried out once in every five (5) years, if
washable then once in every six (6) months;
 where they are painted or varnished or where they have smooth
impervious surface, it should be cleaned once in 14 months by
such method as may be prescribed.
 All doors, windows and other framework which are wooden or metallic
shall be kept painted or varnished at least once in every five (5) years.
 The dates on which such processes are carried out shall be entered in
the prescribed register. If the State Government finds that a particular
factory cannot comply with the above requirements due to its nature of
manufacturing process, it may exempt the factory from the compliance
of these provisions and suggest some alternative method for keeping
the factory clean. [Section 11(2)]
Disposal of Wastes and Effluents (Sec.12)
In the factories, where due to the manufacturing process, dust, fume or other
impurities arise, which is are likely to be injurious to the health of workers,
effective measures shall be taken to prevent the accumulation and inhalation of
the same.. There should be such arrangement in the factory that the wastes and
effluents easily disposed off. Sec. 12(2) provides state Govt. to form rules
regarding the said arrangements and it shall be approved by the authority under
clause (1). If it is necessary to install exhaust appliances, it would be installed
near the point of origin of the dust, fumes, or other impurity. Measures shall be
taken to enclose such points.
Ventilation and Temperature (Sec.13)
Provision should to be made for ventilation and regulation of temperature in
the factories. The state government shall prescribe the standards of adequate
ventilation and reasonable temperature for any factory or part thereof. Section
13 provides that every factory should make suitable and effective provisions
for securing and maintaining
i. adequate ventilation by the circulation of fresh air; and
ii. such a temperature as will secure to the workers reasonable conditions
of comfort and prevent injury to health. What is reasonable temperature
depends upon the circumstances of each case.
iii. The State Government has been empowered to lay down the standard
of adequate ventilation and reasonable temperature for any factory or
class or description of factories or parts thereof. It may direct that
proper measuring instruments at such places and in such position as
may be specified shall be provided and prescribed records shall be
maintained.
Measures to reduce excessively high temperature:
To prevent excessive heating of any workroom, following measures shall be
adopted:
i. Walls and roofs shall be constructed of such materials and so
designed that these would help the temperature inside the
workplace remain within the specified limits.
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ii. Where the nature of work carried on in the factory generates
excessively high temperature, following measures should be
adopted to protect the workers:
(a) by separating such process from the workroom; or
(b) insulating the hot parts; or
(c) adopting any other effective method which will protect
the workers.
iii. The Chief Inspector is empowered to direct any factory to adopt
such methods which will reduce the excessively high temperature.
In this regard, he/she can specify the measures which in his/her
opinion should be adopted (Sec. 13).
Dust and fume (Sec. 14)
There are certain manufacturing processes like cement, chemical,
textile or jute, etc., which generates lot of dust, fume or other impurities.
It is injurious to the health of workers employed in such manufacturing
process. The following measures should be adopted in this respect:
i. Effective measures should be taken to prevent the inhalation and
accumulation of dust, fumes etc., in the work-rooms.
ii. Wherever necessary, the exhaust appliances should be fitted, as
far as possible, to the point of origin of dust fumes or other
impurities. Such point shall also be enclosed as far as possible.
iii. In stationary IC engines, the exhaust should be connected into the
open air.
iv. In cases of other internal combustion engine, effective measures
should be taken to prevent the accumulation of fumes there from.
(Sec. 14).
v. It may be pointed that the evidence of actual injury to health is
not necessary. If the dust or fume produced during the
manufacturing process is so high that it is injurious or offensive to
the health of the workers employed therein, an offense is
committed under this Section. Lastly the offense committed
would be considered a continuing offense until and unless the
deficiency is rectified.
REPEATATION
Artificial Humidification (Sec.15)
Humidity means presence of moisture in the air. In certain industries like
cotton, textile, cigarette, etc., higher degree of humidity is required for carrying
out the manufacturing process. For this purpose, humidity of the air is
artificially increased. This increase or decrease in humidity adversely affects
the health of workers.
Artificial creation of humidity is employed, particularly in India in cotton
textile mills and in cigarette making factories. In respect of factories, where
humidity of the air is artificially increased, the State Government
is empowered to make rules under Section 15(1) as under:
 prescribing the standards of humidification,
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 regulating methods to be adopted for artificially increasing the

humidity of the air
 directing prescribed tests for determining the humidity of the air to be
correctly carried out, and recorded, and
 prescribing methods to be adopted for securing adequate ventilation
and cooling of the air in the work-room.
Further, Section 15(2) lays down that water used for artificial humidification
should be either purified before use or obtained from a public supply or other
source of drinking water.
Where the water is not purified as stated above, Section 15(3) empowers the
Inspector to order, in writing, the manager of the factory to carry out specified
measures, before a specified date, for purification of the water.
Overcrowding (Sec.16)
No room in any factory shall be overcrowded to such an extent that suffocates
the workers employed therein. The Chief Inspector of factories by order in
writing shall fix the maximum member of workers to be employed in each
room in the factory. Section 16 specifies the following
 The overcrowding affects the workmen not only in the discharge of
duties but also their health [Section16 (1)]
 The working space should be 9.9 cubic meters of space per worker in
every workroom before the commencement of this Act.
 After the commencement of this Act, apart from the general prohibition,
Section 16(2) lays down minimum working space for each worker
as 14.2 cubic meters of space per worker in every workroom.
Posting of notice: Section 16(3) empowers the Chief Inspector who may
direct in writing the display of a notice in the work-room, specifying the
maximum number of workers which can be employed in that room. According
to Section 108, notice should be in English and in a language understood by
the majority of the workers. It should be displayed at some conspicuous and
convenient place at or near, the entrance. It should be maintained in clean and
legible conditions.
Exemptions: The chief Inspector may by order in writing, exempt any work-
room from the provisions of this section, subject to such conditions as he/she
may think fit to impose, if he/she is satisfied that non-compliance of such
provision will have no adverse effect on the health of the workers employed in
such work-room.
Lighting (Sec. 17)
The Factories Act-1948 provides for sufficient and suitable lighting and
illumination, which may be natural or artificial where workers are working or
passing through. Provision of cleaning of inner and outer surface is provided
for all glazed windows and skylights used for the lighting of the workrooms.
Under Section 17 of the Factories Act, every factory confirms the following
provisions in this respect:
 all the glazed windows and sky lights should be kept clean on both
sides;
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 every factory must provide and maintain sufficient and suitable lighting,
that may be either natural, or artificial or both, in every part of the
factory where workers are working or passing through;
 effective provisions should be made for the prevention of glare from a
source of light or by reflection from a smooth or polished surface;
 formation of shadows, which may be causing eye-strain or the risk of
accident to any worker, should be prevented; and
 the state government is empowered to lay down standard of sufficient
and suitable lighting for factories for any class or description of
factories or for any manufacturing process.
Drinking Water (Sec. 18)
In the factories employing more than 250 workers, provisions shall be made
for cooling drinking water during hot weather by effective means, and for its
distribution. Section 18 makes following provisions with regard to drinking
water.
 every factory should make effective arrangements for sufficient supply
of drinking water for all the workers in the factory;
 water should be wholesome, i.e., free from impurities;
 water should be supplied at suitable points convenient for all the
workers;
 no such points should be situated within six meters of any washing
place, urinals, latrine, spittoon, open drain carrying silage or effluent or
any other source of contamination, unless otherwise approved
in writing by the Chief Inspector;
 all such points should be legibly marked ‘Drinking Water’ in a
language understood by majority of the workers;
 in case where more than 250 workers are ordinarily employed, effective
arrangements should be made for cooling drinking water during hot
weather. In such cases, arrangements should also be made for the
distribution of water to the workers; and
 the State Government is empowered to make rules for the compliance
of above stated provisions and for the examination, by prescribed
authorities, of the supply and distribution of drinking water in factories.
 Every factory shall make suitable arrangement for the provision of
latrines and urinals for the workers. These points as stated below, are
subject to the provisions of Section 19 and the rules laid down by the
State Government in this regard.
The State Government is empowered to make rules in respect of following:
 prescribing the number of latrines and urinals to be provided based on
the number of male and female workers ordinarily employed in the
factory.
 any additional matters in respect of sanitation in factories;
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 responsibility of the workers in these matters.

Latrines and Urinals (Sec. 19)
The Factories Act makes following provisions in this respect,
 sufficient numbers of latrines and urinals of the prescribed types shall
be provided and conveniently situated to make them accessible to the
workers at all times while they are at the factory;
 separate enclosed accommodation shall be provided for male and
female workers, which should be adequately lighted and ventilated;
 they shall be maintained in a clean and sanitary condition at all times;
 Sweepers shall be employed whose primary duty would be to keep
latrines, urinals and washing places clean.
 Latrines and urinals should be clearly marked as “Male” and “Female”
 where females are employed there shall be least one latrine for every 25
females;
 where males are employed, there shall be at least one latrine for every
25 males; where the number of males employees exceeds 100, it shall
be sufficient to provide one latrine for every 25 males up to the first l00
and one for every 50 thereafter. In calculating the number of latrines
required under this Rule, any odd number of workers less than 25 to 50,
as the case may be, shall be reckoned a 25 or 50.
 Urinal accommodation shall be provided for the use of male workers
and shall not be less than 2 feet in length for every 50 males provided
that where the number of males employed exceeds 500, it shall be
sufficient if there is one urinal for every 50 males up to the first 500
employed, and one for every l00 thereafter. In calculating the required
number of urinals under the Rule, odd number of workers less than 50
or 100, as the case may be, shall be reckoned as 50 or 100.
But in factory wherein more than two hundred and fifty workers are ordinarily
employed-
 all latrine and urinal accommodation shall be of prescribed sanitary
types;
 the floors and internal walls, up to a height of ninety centimeter, the
sanitary blocks shall be laid in glazed tiles or a smooth polished
impervious surface;
 latrines and urinals shall be thoroughly washed and cleaned at least
once in every seven days with suitable detergents or disinfectants or
with both.
The State Government may prescribe the number of latrines and urinals to be
provided in any factory in proportion to the number of male and female
workers ordinarily employed therein.
Spittoons
Sufficient number of spittoons must be provided in every factory and
maintained in clean and hygienic condition. No person shall spit within the
premises of a factory except in the spittoons. A notice containing this provision
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and the penalty for its violation shall be prominently displayed, in a language
understood by the workers, at suitable places in the factory premises. The State
Government may make rules prescribing the type and the number of spittoons
to be provided and their location in any factory (Sec. 20).
SAQ 2
a) List out various provisions for health of workers under the
Factories Act – 1948.
b) Briefly explain the provisions specified under chapter III of
the Factories Act – 1948.
c) Discuss the sections 11 to 20 of the Factories Act – 1948.
d) Write short notes on maintaining the following facilities in
factory with respect to the Factories Act – 1948
i. Temperature and ventilation
ii. Artificial Humidification
iii. Lighting
e) Discuss the provisions regarding the following under the
Factories Act – 1948
i. Cleanliness
ii. Disposal of waste and refuse
iii. Overcrowding
f) Discuss the provisions regarding the facility of drinking
water under the Factories Act – 1948.
g) Explain the provisions of facilities of latrines, urinals and
spittoons as specified under the Factories Act.
4.3.2 Safety Provisions

Chapter IV of the Act contains provisions relating to safety. SEC.21-35
Chapter IV of the Factories Act, 1948, deals with the provisions relating to the
safety of the workers in a factory. These are discussed below:
Fencing of machinery (Sec. 21)
Fencing of machinery in use or in motion is obligatory under Section 21. This
Section requires that following types of machinery or their parts, while in use
or in motion, shall be securely fenced by safeguards of substantial construction
and shall be constantly maintained and kept in position, while the parts of
machinery they are fencing are in motion or in use. Such types of machinery
or their parts are:
 Every moving part of a prime-mover and flywheel connected to a
prime-mover. It is immaterial whether the prime-mover or fly-wheel is
in the engine house or not;
 head-race and tail-race of water wheel and water turbine;
 any part of stock-bar which projects beyond the head stock of a lathe;
 every part of an electric generator, a motor or rotary converter or
transmission machinery unless they are in the safe position;
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 every dangerous part of any other machinery unless they are in safe
position.
Safety measures in case of work on or near machinery in motion (Sec.22)
Section 22 lays down the procedure for carrying out examination of any part
while it is in motion or as a result of such examination to carry out the
operations mentioned under clause (i) or (ii) of the proviso to Section 21(1).
Such examination or operation shall be carried out only by specially trained
adult male worker wearing tight fitting clothing (which shall be supplied by the
occupier) whose name has been recorded in the register prescribed in this
regard and who has been furnished with a certificate of appointment while he
is so engaged. Thus the important provisions are
a) Examination shall be carried out only by specially trained male workers
b) Should wear tight fitting clothes
c) Such worker shall not handle a belt at moving pulley
d) No woman or young person shall be allowed to clean, lubricate or
adjust any part of prime mover. Section 22(2)].
Employment of young-persons on dangerous machines (Sec.23):
Section 23 provides that young person shall be required or allowed to work at
any machine to which he has been fully instructed as to the dangers arising in
connection with the machine and the precautions to be observed and-
 has received sufficient training in work at the machine, or
 is under adequate supervision of a person who has a thorough
knowledge and experience of the machine.
Striking gear and devices for cutting off power (Sec. 24)
Section 24 provides that in every factory suitable striking gears or other
efficient mechanical appliances shall be provided and maintained and used to
move driving belts to and from fast and loose pulleys which form part of the
transmission machinery and such gear or appliances shall be so constructed,
placed and maintained as to prevent the belt from creeping back on the fast
pulley. Further, driving belts when not in use shall not be allowed to rest or
ride upon the shaft in motion.
Suitable devices for cutting off power from running machinery in emergencies
shall be provided and maintained in every work-room in every factory. It is
also provided that when a device which can inadvertently shift from ‘off’ to
‘on’ position in a factory, cut off power arrangements shall be provided for
locking the device on safe position to prevent accidental start of the
transmission machinery or other machines to which the device is fitted.
Self-acting machines (Sec. 25)
Section 25 provides further safeguard for workers from being injured by self-
acting machines. It provides that no traverse part of self-acting machine in any
factory and no material carried thereon shall, if the space over which it runs is
a space over which any person is liable to pass whether in the course of his
employment or otherwise, be allowed to run on its outward or inward traverse
within a distance of forty five centimetres from any fixed structure which is
not part of the machines.
However, Chief Inspector may permit the continued use of a machine installed
before the commencement of this Act, which does not comply with the
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requirement of this section, on such conditions for ensuring safety, as he may
think fit to impose.
Casing of New Machinery (Sec. 26)
Section 26 provides further safeguards for casing of new machinery of
dangerous nature. In all machinery driven by power and installed in any
factory
 every set screw, bolt or key on any revolving shaft, spindle, wheel or
pinion shall be so sunk, encased or otherwise effectively guarded as to
prevent danger;
 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 so safe as it would be if it were
completely encased.
Prohibition of employment of woman and children near cotton openers
(Sec. 27)
According to Section 27, no child or woman shall be employed in any part of
factory for pressing cotton in which a cotton opener is at work. However, if the
feed-end of a cotton opener is in a room separated from the delivery end by a
partition extending to the roof or to such height as the inspector may in any
particular case specify in writing, women and children may be employed on
the side of partition where the feed-end is situated.
Hoists and lifts (Sec. 28):
Section 28 provides that in every factory:
i. every hoist and lift shall be of good mechanical construction, sound
material and adequate strength. It shall be properly maintained and
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 all such examination,
ii. 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,
iii. the maximum safe working load shall be marked on every hoist or lift
and no load greater, than such load shall be carried thereon,
iv. the cage of every hoist and lift shall be fitted with a gate on each side
from which access is afforded to a landing,
v. such gates of the hoist and lift 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.
Lifting machines, chains, ropes and lifting tackles (Sec. 29)
In terms of Section 29, in any factory the following provisions shall be
complied with 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:
 all parts including the working gear, whether fixed or movable, shall be
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 of good construction, sound material and adequate strength and

free from defects;
 properly maintained;
 thoroughly examined – by a competent person at least once in
every period of 12 months or at such intervals as Chief
Inspector may specify in writing and a register shall be kept
containing the prescribed particulars of every such examination;
 no lifting machine or 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 it 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 that premises;
 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 6 meters of that place.
Safety measures in case of use of revolving machinery
Section 30 of the Act prescribes for permanently affixing or placing a notice in
every factory in which process of grinding is carried on. Such notice shall
indicate maximum safe working peripheral speed of every grindstone or
abrasive wheel, the speed of the shaft or spindle upon such shaft or spindle
necessary to secure such safe working peripheral-speed. Speed indicated in the
notice shall not be exceeded and effective measures in this regard shall be
taken.
Pressure plant
Section 31 provides for taking effective measures to ensure that safe working
pressure of any plant and machinery, used in manufacturing process operated
at pressure above atmospheric pressure, does not exceed the limits. The State
Government may make rules to regulate such pressures or working and may
also exempt any part of any plant or machinery from the compliance of this
section.
Floor, stairs and means of access
Section 32 provides that in every factory
 all floors, steps, stairs passages and gangways shall be of sound
construction and properly maintained and shall be kept free from
obstruction 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,
 there shall, be so far as is reasonably practicable, be provided, and
maintained safe means of access of every place at which any person is
at any time required to work;
 when any person has to work at a height from where he is likely to fall,
provision shall be made, so far as is reasonably, practicable, by fencing
or otherwise, to ensure the safety of the person so working.
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Pits, openings in floors etc.
Section 33 requires that 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 source of danger shall be either securely
covered or securely fenced. The State Government may exempt any factory
from the compliance of the provisions of this Section subject to such
conditions as it may prescribe.
Excessive weights
Section 34 provides that no person shall be employed in any factory to lift,
carry or make any load so heavy as to be likely to cause him injury. 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.
Protection of eyes (Sec. 35):
Prescribed precautionary measures should be taken while carrying out a jobs
which involves risk of injury to the eyes from particles or fragments thrown off
in the course of the process, or risk to the eyes by reason of exposure to
excessive light. Effective screens or suitable goggles shall be provided for the
protection of persons employed.
Section 35 requires the State Government to make rules for providing the
effective screens or suitable goggles for the protection of persons employed on
or in immediate vicinity of any such manufacturing process carried on in any
factory which involves
 risk of injury to the eyes from particles or fragments thrown off in the
course of the process, or
 risk to the eyes by reason of exposure to excessive light.
Precautions against dangerous fumes, gases, etc (Sec. 36)
Section 36 provides
 that no person shall be required or allowed to enter any chamber,
tank, vat, pit, pipe, flu or other confined space in any factory in
which any gas, fume, vapor or dust is likely to be present to such an
extent as to involve risk to the persons unless it is provided with a
manhole of adequate size or other effective means of egress.
 No person shall be required or allowed to enter any confined space
as is referred to in sub-section (1), until all practicable measures
have been taken to remove any gas, fume, vapour or dust, which
may be present so as to bring its level within the permissible limits
and to prevent any ingress of such gas, fume, vapor and unless:
 a certificate in writing has been given by a competent
person, based on a test carried out by himself that the space
is reasonably free from dangerous gas, fume, vapor or dust;
or
 such person is wearing suitable breathing apparatus and a
belt securely attached to a rope, the free end of which is
held by a person outside the confined space.
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No person shall be 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.
Precautions regarding the use of portable electric light
Section 36A of the Act provides that in any factory
 no portable electric light or any other electric appliance of voltage
exceeding 24 volts shall be permitted for use inside any chamber, tank,
vat, pit, pipe, flu or other confined space unless adequate safety devices
are provided; and
 if any inflammable gas, fume or dust is likely to be present in such
chamber, tank, vat, pit, pipe, flu or other confined space unless
adequate safety devices are provided, no lamp or light other than that of
flame proof construction shall be permitted to be used therein.
Explosive or inflammable dust gas, etc.
Sub-section (1) of section 37 of the Act provides that in every factory where
any manufacturing process produces dust, gas, fume or vapor of such character
and to such extent to be likely to explode on ignition, all practicable measures
shall be taken to prevent any such explosion by
 effective enclosure of the plant or machinery used in the process
 removal or prevention of the accumulation of such dust, gas fume or
vapor, and
 exclusion or effective enclosure of all possible sources of ignition.
Precautions in case of fire
Section 38 provides that in every factory all practicable measures shall be
taken to prevent/restrict outbreak of fire and its spread, both internally and
externally and to provide and maintain
 safe means of escape for all persons in the event of fire, and
 the necessary equipment and facilities for extinguishing fire.
Effective measures shall be taken to ensure that in every factory all the workers
are familiar with the means of escape in case of fire and have been adequately
trained in the outline to be followed in such case.
Power to require specification of defective parts or test to stability
Section 39 states that when the inspector feels that the conditions in the factory
are dangerous to human life or safety he may serve on the occupier or manager
or both notice in writing requiring him before the specified date to furnish such
drawings, specifications and other particulars as may be necessary to
determine whether such building, machinery or plant can be used with safety
or to carry out such test in such a manner as may be specified in the order and
to inform the inspector of the results thereof.
Safety of buildings or machinery
Section 40 provides that the inspectors in case of dangerous conditions of
building or any part of ways, machinery or plant requires the manager or
occupier or both to take such measures which in his opinion should be adopted
and require them to be carried out before a specified date. In case the danger to
human life is immediate and imminent from such usage of building, ways of
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machinery he may order prohibiting the use of the same unless it is repaired or
altered.
Maintenance of buildings
Section 40-A provides that if it appears to the inspector that any building or
part of it is in such a state of disrepair which may lead to conditions
detrimental to the health and welfare of workers he may serve on the manager
or occupier or both, an order in writing specifying the measures to be carried
out before a specified date.
Safety officers
Section 40-B provides that in every factory (i) where 1,000 or more workers
are ordinarily employed or (ii) where the manufacturing process or operation
involves risk of bodily injury, poisoning or disease or any other hazard to
health of the persons employed therein, the occupier shall employ such number
of safety officers as may be specified in the notification with such duties and
qualifications and conditions of service as may be prescribed by State
Government.
Power to make rules to supplement this Chapter.
This is vested in the State Government under Section 41 for such devices and
measures to secure the safety of the workers employed in the factory.
SAQ 3
a) List out various provisions for safety of workers under the Factories
Act – 1948.
b) Briefly explain the provisions specified under chapter IV of the
c) Discuss about any five sections between 22 to 41 of the Factories Act
– 1948.
d) Write short notes on maintaining the following facilities in factory
with respect to the Factories Act – 1948
i. Fencing of Machinery
ii. Dangerous Machinery
iii. Revolving Machinery
e) Discuss the provisions regarding the following under the Factories
Act – 1948
i. Building construction
ii. Lifting machinery
iii. Hoists and cranes
f) Discuss the provisions regarding the welfare and safety of worker
working on machinery run by electrical power, under the Factories
Act – 1948
g) Explain the provisions of facilities to be provided in complying with
the safety and welfare in the process of protecting eyes as specified
under the Factories Act.
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4.4 WELFARE PROVISIONS UNDER THE FACTORIES

ACT – 1948
Chapter III (Sections 11 to 20) and IV (Sections 21 to 41) of the Factories Act,
1948, deal with the provisions relating to the health and safety of the workers
in a factory which may be considered as welfare of workers in an indirect
manner. We shall now see the direct welfare provisions.
There are many welfare provisions mentioned under the Act such as - Washing
Facilities (sec.42); Facilities for Storing & Drying clothing (sec.43); Facilities
for Sitting (sec.44); First Aid facilities (sec.45); Canteens (sec.46); Shelters,
Rest Rooms & Lunch Rooms (sec.47); Creches (sec.48); Welfare Officers
(sec.49) etc.
Labour welfare is an important aspect of the national programmes, which are
related to the improvement of the conditions of the workers, providing them
with basic amenities of life and establishing proper working conditions in the
respective work places. Although in modern industrial age, the importance of
technical machines is increasing day by day but, in no way it should be at cost
of the labours. Though the efficiency of the workers depends to a great extent
on the quality of machines but at the same time, the effectiveness of machines
too, hugely depends upon the efficiency of the workers. There are various
factors like suitable working condition, adequate food stuff, education and
entertainment etc. which have direct influence on the efficiency of the workers.
Naturally, these welfare provisions, which play significant roles in these areas,
are enlisted in the Factory Act 1948. These are shown below:
Washing Facilities (Sec. 42)
In every factory adequate and suitable facilities for the washing shall be
provided and maintained for the use of the workers there in. Such facilities
must include soap and nail brushes or other suitable means of cleaning and the
facilities should be conveniently accessible and shall be kept in a clean and
orderly condition. In case female staff is also engaged at work, separate
facilities should be provided and so enclosed or screened that the interiors are
not visible from any place where the persons of the other sex work or pass.
Facilities for Storing and Drying Clothing (Sec. 43):
There should be suitable places for keeping the clothing not worn during
working hours and for the drying of the wet clothing. In case of workers
working on certain dangerous operations like, lead process lining; tanning of
raw hides and skins etc suitable places for keeping the clothing not worn
during the working hours and for drying of wet clothing separately shall be
provided and maintained.
Facilities for Sitting (Sec. 44):
In every factory suitable arrangement for the sitting shall be provided and
maintained for all the workers obliged to work in standing position in order
that they take advantage of any opportunity of rest which may occur in course
of their work.
First-Aid Appliances (Sec. 45)
First-aid boxes, equipped with all the prescribed contents, should be made
available and easily accessible during the working hours in the factory. The
number of such boxes or cupboards to be provided and maintained shall not be
less than one for every one hundred and fifty workers ordinarily employed. All
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such boxes and cup boards shall be kept in the charge of a responsible person
who is trained in the first aid treatment and who shall always be available
during the working hours of the factory.
In every factory where more than 500 workers are employed, provision of
ambulance with prescribed size and equipments should be there. The
ambulance shall be under the control of qualified medical practitioner assisted
by at least one qualified nurse and such number of staffs as may be prescribed
For factories in which the number of persons employed does not exceed ten or
does not exceed fifty persons in case of factories in which mechanical power is
not used - first aid box shall contain the following equipments:
 6 small sterilized dressings.
 3 medium size sterilized dressings.
 3 large size sterilized dressings.
 3 large size sterilized burn dressings.
 1 (1 oz.) bottle containing a two per cent, alcoholic solution of iodine.
 A snake-bite lancet.
 1 (1 oz.) bottle of potassium permanganate crystals.
 1 pair scissors.
 1 copy of the first aid leaflet issued by the Chief Adviser, Factories,
GoI.
 Tables aspirin (5mg) One dozen.
 Burn Ointment (One tube).
 About 2 ozs. Cleaning/ Antiseptic lotion (Dettol / Phenyl)
Canteens (Sec. 46)
In a factory wherein more than two hundred and fifty workers are ordinarily
employed, a canteen or canteens shall be provided. Besides the foodstuffs to be
served therein, the construction, accommodation, furniture and other
equipment of the canteen should be of good standards. Food, drinks and other
items served in the canteen should be sold on a non-profit basis and the price
charged are subject to the canteen managing committee which shall be
appointed by the manager and should contain equal number of members
appointed by manager and selected by the workers. In no case number of
workers will be less than 2 and will not exceed limit of 5 workers. Committee
will be consulted from time to time for the quality, quantity and menu etc.
Shelters, Rest Rooms and Lunch Rooms. (Sec. 47):
(i). In every factory wherein more than one hundred and fifty workers are
ordinarily employed, adequate and suitable shelters or rest-rooms and a
suitable lunch-room, with provision for drinking water, where workers
can eat meals brought by them, shall be provided and maintained for
the use of the workers, provided that any canteen maintained in
accordance with the provisions of section 46 shall be regarded as part
of the requirements of this sub-section: Provided further that where a
lunch-room exists no worker shall eat any food in the work-room.
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(ii). The shelters or rest-room or lunch-room to be provided under sub-

section (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
(iii). The State Government may-
 prescribe the standards, in respect of construction
accommodation, furniture and other equipment of shelters, rest-
rooms and lunch-rooms to be provided under this section;
 by notification in the Official Gazette, exempt any factory or
class or description of factories from the requirements of this
section.
Crèches (Sec. 48)
In every factory where in more than 30 women workers are ordinarily
employed, there shall be provided and maintained a suitable room or rooms for
the use of the children under the age of six years of such women. The crèche
shall be adequately furnished and equipped and in particular there should be
one suitable cot or cradle with the necessary bedding for each child, at least
one chair or equivalent seating accommodation for the use of the mother while
she is feeding or attending to her child and sufficient supply of suitable toys for
the older children. The rooms should be adequately lighted and ventilated,
shall be maintained in a clean and sanitary condition and shall be under the
charge of women trained in the care of children and infants.
There shall be in or adjoining the crèche a suitable wash room for the washing
of children and their clothing. An adequate supply of clean clothes, soap and
clean towel shall be made available for each child while in crèche. At least half
a liter clean pure milk shall be made available for each child every day while
child is accommodated in the crèche and mother of such child shall be allowed
in the course of her daily work, to feed the child at suitable interval. Suitable
wholesome refreshment should be provided to children above 2 years and
suitably fenced open air playground shall be provided for the older children.
Welfare Officers (Sec. 49)
Wherein five hundred or more workers are ordinarily employed in a factory the
occupier shall employ such number of welfare officers as may be prescribed by
the State Government.
4.5 WELFARE FACILITIES OUTSIDE FACTORY

PREMISES
In addition to providing welfare facilities in the factory premises, workers are

also provided certain benefits and facilities outside the factory. These include:
 maternity benefits;
 gratuity, pension and provident fund benefits;
 medical benefits;
 educational facilities;
 housing facilities;
 recreational facilities including sports and cultural activities;
132
 library and reading rooms;

 holiday home and leave travel facilities;
 consumers’ cooperative stores and fair price shops;
 vocational training; and
 transportation facility to and from the place of work.
To summarize,
 Labour welfare facilities are those which result in improving the
conditions under which workers are employed and work. These include
not only the health but also welfare measures adopted for the benefit of
the workers.
 The Factories Act, 1948 has provided for certain health and welfare
measures for workers working in factories in India.
 Health facilities provided in factories for workers include provision for
cleanliness of the factory premises, disposal of wastes and effluents,
ventilation and temperature, dust and fumes.
 Artificial humidification, lighting, drinking water, latrines and urinals
and spittoons.
 Welfare facilities for workers include adequate washing facilities,
facilities for storing and drying clothing, sitting facility, first-aid, and
canteen facility; and facilities for shelters, rest rooms, lunch rooms and
creches.
 Welfare amenities provided to workers outside the factory premises
include medical and retirement benefits, housing and educational
facilities, recreational facilities, holiday homes and leave travel
facilities and transportation facility to and from the place of work.
133
SAQ 4
a) List out various provisions for welfare of workers under the
b) Briefly explain the provisions specified under chapter V of the
c) Discuss about any five sections, between 41 to 49 of the Factories
Act – 1948.
d) Write short notes on maintaining the following facilities in factory
with respect to the Factories Act – 1948
i. Canteen
ii. Lunch rooms
iii. Creche
Act – 1948
i. Sitting facility
ii. Storing and drying
iii. Washing and cleaning
f) Discuss the provisions regarding the welfare of women employees
under the Factories Act – 1948
g) Explain the provisions of welfare activities or facilities outside the
factory as prescribed under the Factories Act.
h) Explain about providing the facility of first aid as a welfare measure
in factory? List out at least eight items to be kept in the first aid box.
4.6 EMPLOYEMENT RULES FOR ADULTS
The Working Hours for Adults

Chapter – VI of the Factories Act provides the norms of working hours for
adults.
Weekly Hours
No adult worker shall be required or allowed to work in a factory for more
than forty-eight hours (48 hours) in any week. Sec. 51.
Daily Hours
No adult worker shall be required or allowed to work in a factory for more
than nine hours (9 hours) in any working day. The daily working hours may
however, be increased with the previous approval of the Chief Inspector, to
facilitate change of shifts. -Sec. 54.
Intervals for Rest
The periods of work of adult workers in a factory each day shall be so fixed
that no period shall exceed five hours and that no worker shall work for more
than five hours before he has had an interval for rest of at least half an hour.
The State Government or the Chief Inspector may, by order in writing, and for
reasons stated therein, increase the work period to six hours. -Sec. 55.
134
Spread over
The periods of work of an adult worker in a factory shall be arranged in such a
way, that inclusive of his intervals for rest under section 55, they shall not
spread-over more than ten and half hours in any day. The Chief Inspector may
for specified reasons increase the spread over up to twelve hours. -Sec. 56.
Rules Regarding Employment of Adults
Night Shifts
Where a worker in a factory works on a. shift which extends beyond midnight,
his weekly holiday and compensatory holiday means a period of holiday for 24
consecutive hours beginning when his shift ends, and
the following day for him shall be deemed to be the period of 24 hours
beginning when such shift ends and the hours he has worked after midnight
shall be counted in the previous day. -sec. 57
Overlapping Shifts
Work shall be carried on in any factory by means of a system of shifts so
arranged that not more than one relay of workers is engaged in work of the
same kind at the same time. The State Government or the Chief Inspector may
grant exemption from this rule. -See. 58.
Double Employment
No adult worker shall be required or allowed to work in any factory on any day
on which he has already been working in any other factory, save in such
circumstances as may be prescribed.-Sec. 60.
Notice of Periods of Work
There must be displayed in every factory a notice showing periods of work of
adults, classification of workers in groups according to nature of their work,
shifts and relays etc. Changes made in the system of work must be notified to
the Inspector before change. The manager of every factory must maintain a
Register of Adult Workers showing the name of each worker, the nature of his
work, the group in which he is included, the relay in which he is allotted etc.
The hours of work of an adult worker- must correspond with the notice
referred to above and the Register. - Sections 61, 62, 63.
No adult worker shall be required or allowed to work in any factory unless his
name and other particulars have been entered in the register of adult workers. -
Sec. 62 (1A) added by the Factories (Amendment) Act, 1976.
Exemptions
By sections 64 and 65, the State Government has been given power to exempt
for limited periods certain factories from compliance with some of the
provisions relating to hours of work and employment.
Such exemptions are necessary in special cases, for example in the case of
workers engaged in urgent repairs or in preparatory and complementary work.
In some industries where the work is of intermittent nature, the enforcement of
all the rules stated above will create hardship. The nature of the work in certain
industries requires exceptional treatment, e.g., workers engaged in engine
rooms and boilers or in the printing of newspapers. The State Government may
exempt persons holding positions of supervision and management or in
confidential positions in a factory from following the rules regarding working
hours (except the rule against the employment of women at night).
135
Confidential Position
The State Government may empower the Chief Inspector to declare a person
other than any person defined by such rules, as a person holding position of
supervision or management or employed in a confidential position in a factory,
if, the Chief Inspector is of opinion that he can be employed.
If any such person does not get more than Rs.750 p.m. as wages, he will be
entitled to extra wages for overtime work. -Sec. 64(1), added by The Factories
Hours and Spread over.
Any exemption granted under Sec. 65 (2) shall be subject to the following
conditions, namely:
 the total Number of hours of work in any day shall not exceed twelve;
 spread overs, inclusive of intervals for rest, shall not exceed thirteen
hours in any one day
 total number of hours of work in any week. including overtime, shall
not exceed sixty;
 no worker shall be allowed to work overtime, for more than seven (7)
days at a stretch and the total number of hours of overtime work in any
quarter shall not exceed seventy five (75). -Sec. 65(3), Factories
Quarter: This is a period of three consecutive months beginning on the 1st
January, the 1st of April, the 1st of July or the 1st of October. -Sec. 64.
Restrictions on The Employment of Women
By section 66 the following restrictions have been imposed to women workers:
 Maximum daily work is 9 hours: No exemption from the provisions of
Section 54 (which lays-down that the maximum daily hours of work
shall be nine hours) can be granted in respect of any women.
 Prohibition of night work: No women shall be required or allowed to
work in any factory except between the hours of 6 a.m. and 7 p.m. The
State Government may by notification in the official Gazette vary the
limits for any factory or group or class or description of factories. But
such variation must not authorize the employment of women between
the hours 10 p.m. and 5 a.m.
 Change of shift only after holiday: There shall be no change of shifts
for women except after a weekly holiday or any other holiday.
Exception: There is an exceptional case. The State Government may make
rules providing for the exemption from the aforesaid restrictions (wholly or
partially or conditionally) of women working in fish-curing or fish-canning
factories. In factories mentioned above, the employment of women beyond the
hours specified is necessary to prevent damage to or deterioration in any raw
material. But such rules shall remain in force for not more than three years at a
time.
 Other restrictions: There are other restrictions on the employment of
women workers:
136
Work on or near machinery in motion.
No woman or young person shall be allowed to clean, lubricate or adjust any
part of the machinery while the prime mover or transmission machinery is in
motion or to work between moving parts, or between fixed and moving parts
of any machinery which is in motion. -Sec. 22(2).
Cotton openers.
No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton opener is at work. If the feed-end of a cotton opener is
in a room separated from the delivery-end by a partition extending to the roof
or to such height as the Inspector may in a particular case specify in writing,
women and children may be employed on the side of the partition where the
feed-end is situated. -Sec. 27.
Excessive weights.
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. -Sec. 34.
Creches.
In every factory wherein more than thirty women workers are ordinarily
employed there shall be provided and maintained a suitable room or rooms for
the use of children under the age of six years of such women. -Sec. 48.
Dangerous operations.
The State Government is empowered to make special rules for the purpose of
controlling and regulating factories which carry on operations exposing
women, young persons and other workers to a serious risk of bodily injury,
poisoning or disease. -Sec. 87 (b).
4.7 EMPLOYMENT OF YOUNG PERSONS
4.7.1 Employment of Children

No child who has not completed his fourteenth year shall be required or
allowed to work in any factory. -Sec. 67.
Certificate of Fitness and Token: A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory
unless (a) he has been granted a certificate of fitness, which is in the custody of
the manager, and (b) such child or adolescent carries a token giving a reference
to such certificate. - Sec. 68.
The Certificate of Fitness is a certificate granted to a child or adolescent by a
Certifying Surgeon after examination: The certificate is given to a child if the
surgeon is satisfied that he has completed his fourteenth year and has attained
the prescribed physical standards. The certificate is granted to an adolescent if
the surgeon is satisfied that he has completed his fifteenth year and is fit for a
full day's work in a factory. The certifying surgeon must have personal
knowledge of the intended place of work and of the manufacturing process
involved. The certificate is valid only for a period of 12 months. It may be
granted subject to conditions (e.g., that of periodical re-examination). The
certificate may be renewed and, if necessary, revoked. Any fee payable for the
certificate must be paid by the occupier of the factory and must not be
recovered from the young person or his parents or guardian. -Sec. 69.
137
An adolescent who has been granted a certificate of fitness and who carries a
token is deemed to be an adult for the purposes of Ch. VI and VIII of the Act.
(Ch. VI deals with the hours of work of an adult and Ch. VIII deals with
"annual leave). But no adolescent who has not attained the age of seventeen
years shall be employed or permitted to work in any factory during night.
"Night" means a period of at least 12 consecutive hours which shall include an
interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m.
An adolescent who has not been granted a certificate of fitness, shall be
deemed to be a child for the purposes of the Act. -Sec. 70.
4.7.2 Working Hours for Children
The law regarding working hours for children is stated below. -Sec. 71:
 No child shall be employed or permitted to work in any factory-
a) for more than four and a half hours in any day;
b) during the night.
Explanation: For the purpose of this sub-section "night" shall mean a period of
at least twelve consecutive hours which shall include the interval between 10
p.m. and 6 a.m.
 The period of work of all children employed in a factory shall be
limited to two shifts which shall not overlap or spread-over more than
five hours each, and each child shall be employed in only one of the
relays which shall not, except with the previous permission in writing
of the Chief Inspector, be changed more frequently than once in a
period of thirty days.
 The provisions of section 52 shall apply also to child workers, and in
respect of any child. (Sec. 52 relates to weekly holidays. See next
Section).
 No child shall be required or allowed to work in any factory on any day
on which he has already been working in another factory.
Notice and Register. A notice must be displayed showing clearly the periods of
work of children. -Sec. 72.
The manager of every factory must maintain a Register of child workers
showing the name of each child worker, the nature of his work, the group (if
any) in which he is included, the relay to which he is allotted and the number
of his certificate of fitness. -Sec. 73.
No child worker shall be required or allowed to work in any factory unless his
name and other particulars have been entered in the register of child workers. -
Sec. 73 (IA). Factories (Amendment) Act, 1976.
The hours of work of a child must correspond with the Notice and the Register.
-Sec. 74.
Medical Examination
Where an Inspector is of opinion that a person working as an adult is a young
person, or that a young person is not fit to work, he may direct the manager of
the factory to have the person medically examined by a certifying surgeon. -
Sec. 75.
138
4.7.3 Other Rules Regarding the Employment of Young Persons
No young person shall work at any dangerous machine unless he has been
fully instructed as to the dangers arising in connection with the machine and
the precautions to be observed, and
 has received sufficient training in work at the machine or
 is under adequate supervision by a person who has a thorough
knowledge and experience of the machine. The State Government is to
prescribe what machines are dangerous for the purpose of this section. -
Sec. 23.
 Certain restrictions on adolescents and children are stated in Sections
22(2), 27, 34 and 87 (b).
The State Government may make rules regarding the Certificate of Fitness, the
procedure relating to the issuance of such certificates and the physical
standards to be attained by the children and the adolescents. Sec. 76.
The provisions relating to the employment of young persons shall be in
addition to and not in derogation of, the provisions of the Children Act of 193,
1960 and 1978. -Sec. 77.
4.7.4 Child-Labour
Rules regarding child-labour are contained in the Factories Act, Mines Act etc.
There are also two general Acts and the subject. The Children (Pledging of
Labour) Act (Act 11 of 1933) prohibits the making of agreements to pledge the
labour of children and the employment of children whose labour has been
pledged. The Children Act of 1938, 1960 and 1978 prohibit the employment
of a child who has not completed his/her fifteenth year of age in any
occupation connected with the transport of passengers, goods or mails by
railway. The Act also prohibits the employment of a child, who has not
completed his fourteenth year of age, in the processes set forth in the schedule
to the Act. Children between 15 and 17 can be employed subject to certain
restrictions as regards their periods of rest etc.
4.8 HOLIDAYS AND LEAVES
The Factories Act provides for the following holidays, viz., Weekly holidays,
Compensatory holidays and Annual leave with wages according to certain
rules. The provisions are explained below.
Weekly Holidays
Section 52 provides that an adult worker shall have a holiday on the first day
of the week. But the manager of the factory may fix the holiday on any other
day which is with three days before or after the first day of the week and in
case of such substitution notice must be given to the Inspector of Factories and
also displayed in the factory. No substitution can be made which will result in
any worker working for more than ten days consecutively without a holiday for
a whole day. The State Government may make rules providing for exemption
from the above section in certain cases, e.g., for urgent repairs.
The Weekly Holidays Act (Act XVIII of 1942) provides for the grant of
weekly holidays to persons employed in shops, restaurants and theatres. The
Act can be applied to a State by notification of the State Government.
139
Compensatory Holidays
Where as a result of the exemption of factory from the operation of the role
regarding weekly holidays, a worker is deprived from any weekly holiday he
shall be allowed within the month in which the holidays were due, or within
two months immediately following that month, compensatory holidays of
equal number to the holidays lost. -Sec. 53..
Annual Leave with Wages
Sections 78 to 84 provide for the grant of a certain period of leave with wages
to workmen. Every worker who has worked for a period of 240 days or more
in a factory during a calendar year shall be allowed during the subsequent
calendar year, leave with wages for a number of days calculated at the rate of
 one day for every twenty days of work performed by an adult during
the previous calendar year;
 one day for every fifteen days of work performed by a child during the
previous calendar year.
Rules regarding the Annual Leave
 When counting the number of days of work performed by a worker, the
following are to be included:
 days of lay-off,
 maternity leave to a female worker, not exceeding twelve weeks,
and
 the leave earned in the previous year. But the worker shall not
earn leave for these days.
 The leave admissible under the aforesaid rule shall be exclusive of all
holidays whether occurring during or at either end of the period of
leave.
 A worker whose service commences otherwise than on the first day of
January shall be entitled to leave, with wages at the rate laid down
above if he has worked for two-thirds (2/3) of the total number of days
in the remainder of the calendar year.
 If a worker is discharged or dismissed from service or quits his/ her
employment or is superannuated or dies while in service, during the
course of the calendar year, he or his heir or nominee, as the case may
be, shall be entitled, to wages in lieu of the quantum of leave to which
he was entitled Immediately before his discharge, dismissal, quitting of
employment, superannuation or death calculated at the rates specified
in sub-section (1) even If he had not worked for the entire period
specified In sub-section (1) or sub-section (2) making him eligible to
avail of such leave. Such payment shall be made
 where the worker is discharged or dismissed or quits
employment-before the expiry of the second working day from
the date of such discharge, dismissal or quitting; and
 where the worker is superannuated or dies while in service
before the expiry of two months from the date of such
superannuation or death. (Amended by the Act of 1976).
140
 In calculating the leave period, fraction of leave for half a day or more
shall be treated as one day and fractions of lesser amount shall be
omitted.
 Leave earned, but not taken, can be carried forward to a succeeding
year subject to a limit of thirty days in the case of an adult and forty
days in the case of a child. But earned leave not allowed because of any
scheme for leave in operation, can be carried forward without limit.
 Application for leave must be submitted to the manager not less than 15
days before the date of commencement of leave. In the case of public
utility service it must be made not less than 30 days before such date. If
a worker becomes ill and wants to avail himself of the annual leave
during the period of illness, he shall be granted leave even though the
application is not made before the period specified above.
 The application for leave may be for the whole of the leave due or part
of it. But earned leave cannot be taken more than three times during the
same year.
 For the purpose of ensuring the continuity of work, the occupier or
manager of the factory may draw up a Scheme for regulating the grant
of leave. The Scheme must be agreed to by the Works Committee, if
any, or the representatives 6f workers. It must be lodged with the Chief
Inspector and displayed in the factory.
 An application for leave submitted in proper time shall not be refused
unless the refusal is in accordance with any leave scheme in operation.
 The un-availed leave of a worker shall not be taken into consideration
in computing the period of any notice required to be given before
discharge or dismissal.
 The State Government may exempt a factory from the implementation
of the above rules if it is satisfied that its own leave rules provide
benefits (the totality of benefits) which are not less favourable to the
workers than the statutory leave rules.
 Where by virtue of any award, agreement (including settlement) or
contract of service the worker is entitled to a longer period of leave
than that provided by the aforesaid rules, he will be entitled such longer
leave.
 The rules contained in these sections do not apply to railway Factory
administered by the Government which are governed by leave rules
approved by the Central Government.
 If an award, agreement (including settlement) or contract of Service
provides for a longer annual leave with wages than provided in this
chapter, the quantum of leave, which the worker shall be entitled to,
shall be in accordance with such award, agreement or contract of
service, but in relation to matters not provided for in such award,
agreement or contract of service or matters which are provided for less
favourably therein, the provisions of sections 79 to 82, so far, as may be,
shall apply. (Added by the Amendment of 1976).
Wages during Leave Period
For the period of leave allowed to a worker according to rules, he shall be paid
at a rate equal to the daily average of his total full-time earnings for the days
141
on which he actually worked during the month immediately preceding his

leave. The average rate is to be calculated, exclusive of any overtime and
bonus, but inclusive of dearness allowance and the cash equivalent of the
advantage accruing through the concessional sale to the worker of food-grains
and other articles. The cash equivalent, referred to above, is to be computed
according to the method used when calculating the extra wages payable for
overtime work. (See. post) -Sec. 80.
lf the employment of a worker who is entitled to leave is terminated by the
occupier of the factory before he has taken the entire leave to which he is
entitled, he must be paid wages for the leave period not taken and such wages
must be paid before the expiry of the second working day after such
termination. Similarly, if the worker quits his service after having applied for
and obtained leave, he must be paid wages (or the leave period and such wages
must be paid on or before the next pay day. The amount of wages payable is to
be calculated according to the provisions of Section 80. -Sec. 79(11).
A worker who has been allowed leave for not less than four days in the case of
an adult and five days in the case of a child, shall before his leave begins, be
paid the wages due, for the period of leave allowed.-Sec. 81.
Wages -for the leave period, if not paid by an employer, shall be recoverable as
delayed wages under the provisions of the Payment of Wages Act, 1936. -Sec.
82.
Extra Wages for Overtime
 Where a worker works in a factory for more than nine hours in any day
or for more than 48 hours in any week, he shall in respect of overtime
work, be entitled to wages at the rate of twice his ordinary rate of
wages.-Sec 59(1)
 For the purpose of sub-section (1), "ordinary rate of wages means the
basic wages plus such allowances, including the cash equivalent of the
advantage accruing through the concessional sale to workers of food
grains and other articles, as the worker is for the time being entitled to,
but does not include a bonus and wages for overtime work.-Sec. 59(2).
 Where any workers in factory are paid on a piece rate basis, the time
rate of their work will include the following rules:
 if the workers bad been paid on the same or identical job during
a month immediately preceding a month during which overtime
work was done, the time rate shall be deemed to be equivalent
to the daily average of their fulltime earnings for the days of the
overtime work. Also such time rates shall be deemed to be the
ordinary rates of wages of those workers.
 In the case of a worker who had not worked in the immediately
preceding calendar month on the same or identical job, the time
rate shall be deemed to be equivalent to the daily average of the
earning of the worker for the days on which he actually worked
in the week in which the overtime work was done.
Explanation.-For the purposes of this sub-section in computing the earnings for
the days on which the workers actually worked, the allowance include the cash
equivalent in order to buy food grains and other articles through concessional
sale as the worker is for the time being entitled to.
142
Exception: But any bonus or wages for overtime work payable in relation to
the period with reference. to which the earnings are being computed shall not
be included.-Sec. 59(3).
[Clauses (2) and (3) were substituted from the old Act by the Amendment of
1976].
 The cash equivalent of the advantage accruing through the
concessional sale to a worker of food-grains and other articles shall
be computed as often as may be prescribed on the basis of the
maximum quantity of food-grains and other articles admissible to a
standard family.
 Explanation 1-"Standard family" means a family consisting of the
worker, his or her spouse and two children below the age of
fourteen years requiring in all three adult consumption units.
 Explanation 2- "Adult consumption unit" means the consumption
unit of a male above the age of fourteen years; and the consumption
unit of a female above the age of fourteen years and that or a child
below the age of fourteen years shall be calculated at the rates of
0.8 and 0.6 respectively of one adult consumption unit. Sec. 59(4).
 The State Government may make rules prescribing
 the manner in which the cash equivalent of the advantage
accruing through the concessional sale to a worker of food
grains and other articles shall be computed;
 the register that shall be maintained in a factory for the
purpose of securing compliance with the provisions of this
section.-Sec. 59(5).
Wages and Salary
Both these terms are used to denote payment made for service. In Stroud's
Judicial Dictionary, the following comments are made; "Where the
engagement is for a period, is permanent or substantially permanent in
character, and is for other than manual or relative unskilled labour, the
remuneration is generally called a salary." "... in general, the word 'salary' 'is
used for payment of services of a higher class, and 'wages' is confined to the
earnings of labourers and artisans.
The High Court of Madras was of opinion that if the remuneration is to be paid
daily or weekly it can be called Wages; but where there is monthly payment
and is fairly high, considering the general standard of payment, it is to be
called Salary. According to the Payment of Wages Act any amount over Rs.
200 (now Rs. 1000) may be considered as Salary for the purposes of Factories
Act. Re Gemini Studio.1
"Conceptually there is no difference between salary and wages both being a
recompense for work done or services rendered, though ordinarily the former
expression is used in connection with services of non-manual type while the
latter is used in connection with manual services. "Gestetner Duplicators Pvt
Ltd. v. The Commissioner of Income Tax WB. In this judgment the following
cases were cited and approved, Mohmed ali v. Union of India; Gordon v.
Jennings.
In the cases mentioned above, and also in Stroud's dictionary, it was held that
there is no basic difference between salary and wages.
143
SAQ 5
a) List out various provisions for welfare of young persons under the
b) Briefly explain the provisions specified under chapter VI of the
c) Discuss about any five sections, between 51 to 65 of the Factories
Act – 1948.
d) Write short notes on the following in a factory with respect to the
Factories Act – 1948
i. Working Hours for Adults
ii. Employment rules for young persons
iii. Wage and salary
Act – 1948
i. Overtime wages
ii. Restrictions on women working
iii. Wages on leave
f) Discuss the employment rules in favor of the welfare of women
employees under the Factories Act – 1948
g) Explain the provisions of holidays and leaves as prescribed under the
Factories Act.
h) List out the leave rules as prescribed by the Factories Act.
4.9 CASE STUDY
This study aims to study the followings in respect to Haryana State:

 To study level of awareness among workers of Haryana state, towards
welfare provisions enlisted in Factories Act 1948.
 To study the implementation level of these provision by public and
private organization of Haryana.
METHODOLOGY
This study intends to examine awareness and implementation of the welfare of
workers related provisions provided in the Factories Act 1948 in the universe
of the study. The universe consists of three industrial undertaking namely
National Fertilizers Ltd., Panipat, SPL Ltd., Bahadurgarh and Cooperative
Sugar Mills, Karnal in Haryana. The required information is collected through
the interview schedules from workers, trade unions, management and Labour
Inspector. A purposive sample of 50 workers, 5 trade Union representatives
[IRACST – International Journal of Commerce, Business and Management
IJCBM), ISSN: 2319–2828 Vol. 3, No. 2, April 2014 335] and 5 representative
of management has been collected from each of 3 organizations. To test the
goodness of fit of Chi square test has been used.
Analysis and Interpretation
The majority of employees are from the age group 41-50 years irrespective of
whether they are from public or private organization. 42% of respondents are
144
under Metric, 35.3% are Metric while remaining 22.7% have education above
Metric. 72% workers in private organization SPL are under Metric. Income of
NFL workers is more than Rs. 6600-20100, that of Sugar Mill is 4000 - 6000,
and employees of SPL are poorly paid and is less than Rs. 4500.
A. Awareness toward Welfare Provisions : The analysis shows that in general
awareness level among the employee of different organization under study is
not satisfactory. Most of the workers are not aware of welfare provision
regarding washing facilities, facility of storing and drying, first aid etc. On
averaging the result we found that its only the canteen facility about which
most of the workers are aware of and the reason behind this is the fact the is
this facility is often marketed during the time of recruitment of the workers by
company itself. Also, it is worth noticing that respondents from NFL are much
more aware of welfare provision related to them. However, awareness
condition of Sugar Mill workers and that of SPL Ltd. is very pathetic where
workers are not even known of canteen facility and lunch room etc. In total,
employees of SPL ltd are found to be less aware of most of the essential
provision and this cause can be attributed to the education level as 72% of its
workers have obtained below metric education where this no is 40% & 14% in
SM and NFL respectively. Also, being a private organization it might not give
much importance to the awareness programmes and facilities. Awareness of
workers about the provision of crèche is not worth appreciating in any of the
organizations under study even though number of female workers are
employed. It seems that they do not have any knowledge regarding this
provision due to absence of this kind of facility in most of the organisation and
also many of the women’s are not on company roll, they work as a gate
workers. Although number of workers who are Metric and above are aware of
important provision, still certain steps need to be taken to enhance the
awareness level among the less educated workers through imparting education
through posters, instructions, assembly discussion, manuals, lectures and by
providing the example through proper implementation of these provisions.
Test for Goodness of Fit
In order to identify the homogeneity of responses toward the various welfare
provision Chi-square test is applied. The results of which indicate that workers
from different organization hold different views regarding different welfare
provisions. The homogeneity in response either from the positive or negative
side is lacking and is conformed from the calculated value of the chi-square
which is more than the tabulated value of 9.488 at 5% significance level
towards all the provisions of welfare. However regarding the provision of
welfare officer almost all employee said that they are not aware of the
provision of welfare officer under Factories Act 1948. In this regard calculated
value comes to 0.2237 which is highly significant.
B. Implementation of Welfare Provision : The efficiency of any legislation,
policy or any administrative action does not lie only on awareness but depends
on the execution or implementation In fact, it is this performance, which
distinguish between the good and poor governance. It can be inferred from the
sourced data that actual implementation done to ensure welfare is equal to the
awareness level of the workers. This makes us assume that if the awareness
level will be increased actual implementation status can also be achieved and
this can be is proved statistically but needs more relevant evidences to prove
this. Implementation of chi-square on the implementation data shows that
implementation level is also significantly different with the industry taken for
the study. It is noticeable that it is the provision of safety through First-aid and
145
ambulance on which there is great disparity among the implementation. It is

worth noticing that union leaders might not be doing their job with honesty as
their views are entirely different from the views that workers hold for the
implementation Majority of union leaders are satisfied with the
implementation of safety measures required under the factories act. In line with
the workers view union leaders from above organization believe that their
management still need to do satisfactory implementation of storing and drying,
shelter, Lunch room but SPL union leader still seems to favor management. It
was canteen facility with which union representative are found to be satisfied
in large. However Management staff of the responding organizations think that
they have done their 100% in implementing the services. Specially in the case
of government organization NFL, no public servant is ready to take
responsibility, however in SPL Ltd management think that situation is critical
and need to be improved in certain cases. Management representative from
both Sugar mill and SPL ltd are in favor of improving the lunch room/Rest
room facility. Also when both union leaders and workers are not satisfied with
welfare officer, facility of washing and storing etc management believe
themselves as the best in implementing these welfare provisions.
CONCLUSION
Labour legislation is the institution through which the state government protect
the interest of working class and ameliorates their material and moral
conditions. Its essentially a socio-economical measure pertaining to various
human problems in relation to industry. But the problem with these legislation
is that neither they are fully implemented in the organization nor the people are
aware of them. In the study that we took in state of Haryana to find out the
Awareness and implementation of Factories Act 1948 we found that even
though number of workers are aware of the provision of the factories act, they
are not able to get the subsequent implementation for their welfare. It becomes
clear that, barring few provisions the awareness of workers differ significantly
from one industry to another. Also, it is observed that socio-economic structure
and nature of industry affects the awareness of the workers. NFL which has the
largest educated workers with high income are highly aware of all the
provisions except one or two. Union leaders are found to be supporting
manager rather than putting down the workers representation. 76.7% workers
believe that union is not at all effective in making provision implemented by
management. In view of 136 workers (90.67%) the poor implementation of
legislation is due to corrupt inspection staff who are partial in their inspection
reports and work in favor of the occupier rather than workers. When
management claims the 100 percent implementation of provision of safety in
organization, this number is not supported by workers of the organization.
Thus it becomes imperative for union leaders to play the vital role and bridge
this number gap by demanding appropriate measure on Inspection staff of
Government and Management of organization.
4.10 LET US SUM UP
This unit presents the origin of Factories Act – 1948 and its development in
India. Various provisions under this act are portrayed under the five interlinked
categories viz, health, safety, welfare, working hours and leaves. Since, all
these categories are connected to and involved in workers’ welfare either
directly or indirectly, these are discussed elaborately. The employment rules for
women and young persons have also been discussed clearly. The restrictions
on women employment, child labour are explained.
146
4.11 KEY WORDS
 DGFASLI: Directorate General Factory Advice Service & Labour

Institutes
 Humidity: the presence of moisture in the air.
 Spittoon: A tin or box used for spitting
 Weekly Working Hours: not more than forty-eight hours in any
week (Sec. 51).
 Daily Working Hours: Not more than nine hours in any working
day (Sec. 54).
 Rest Pause: An interval or break from regular work to relieve
work stresses or fatigue or monotony or boredom etc (Sec. 55)
 Spread Over: Duration of intervals for rest under section 55,
which should not be more than ten and half hours in any day-
(Sec. 56).
 Night Shift: Where a worker in a factory works on a shift which
extends beyond midnight,
 Overlapping Shifts: Work carried on in any factory by means of a
system of shifts so arranged that more than one relay of workers
is engaged in work of the same kind at the same time (Sec. 58).
 Double Employment: A worker allowed working in any factory
on any day on which he has already been working in any other
factory (Sec. 60).
 Quarter: A period of three consecutive months beginning on the
1st Jan (first Qtr), or 1st of Apr (second Qtr), or 1st of Jul (third
Qtr) or the 1st of Oct (fourth Qtr) – (Sec. 64)
147

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MIS – 022

Unit Name Page No

BLOCK 1 INDUSTRIAL ACTS AND LAWS 7

UNIT 5 Liabilities and Occupiers 165

Col. P.K. Dutta, Prof. Ashish Agarwal

INDUSTRIAL SAFETY: RULES AND ACTS

UNIT 1 INTRODUCTION TO INDUSTRIAL ACTS

protective devices available at proper places, was an important prerequisite

1.3 SAFETY ENGINEERING

Safety of workers in workplaces is of paramount importance and it can not be

1.4 DESIGNING FOR SAFETY

Generally, the success of a safety program depends on the initiatives of the

1.5 SAFETY ORGANIZATION

Health Safety Environmental

Manager Manager Manager Manager

Industrial & Nursing Data

Figure 1.1: Safety Organization

1.6 SAFETY TRAINING

The second important element in designing the safety structure in an

1.7 SAFETY LEGISLATION

 1928 South Indian Railway Strike

State Governments through their factory inspectorates. DGFASLI

1.8 SAFETY AUDIT

The fourth pillar of a good safety management in an organization comprises of

In an audit of OSH management system, audit criteria are the references

1.9 CASE STUDY

1.10 LET US SUM UP

1.11 KEY WORDS

1. Hazard: A dangerous condition or event that can have the potential to

1.12 ANSWER TO SAQs

The duties, responsibilities and the obligations of an occupier, factory manager

 appreciate the functions of a factory manager along with the authority

2.2 THE OVERVIEW OF FACTORIES ACT – 1948

 Applicability of Factories Act, 1948

2.3 CONCEPT AND MEANING OF ‘OCCUPIER’

2.4 DUTIES AND RESPONSIBILITIES OF THE

In the landmark case of J. K. Industries Ltd Vs Chief Inspector of Fisheries and

 the provision and maintenance of plant and systems of work in

2.5 THE OBLIGATIONS OF AN OCCUPIER

 In every factory wherein 500 or more workers are ordinarily employed,

contravention of, any of the provisions of Sec. 41B, 41C or 41H or

2.6 FACTORY MANAGER JOB RESPONSIBILITIES

 Factory managers have to plan production activities, production

 The whole industrial production has to be managed by factory

2.7 PROVISIONS UNDER FACTORIES ACT - 1948

2.8 OTHER PROVISIONS OF THE FACTORIES ACT

Enquiry into Accidents and Diseases

2.9 PENALTIES AND PROCEDURES

Obstructing Inspector Up to 3 months and/or

Wrongfully disclosing result - do -

Contravention of any duty or

liability by a worker nil / Rs 20/-

Using false certificate of fitness Up to 1 month / Rs 50/-

Permitting double employment nil / - do -

Second offence for above 6 months / Rs. 5000

Where contravention of any of the provisions of Chapter IV or any rule made

2.10 OBLIGATIONS OF WORKERS

Section 111 lays down that no worker in a factory

 shall willfully interfere with or misuse any appliances or any other

2.11 CASE STUDY

Case study : Fire at AMRI Hospital, Kolkata on 9.12.2011

2.12 LET US SUM UP

Let us summarize what we have discussed in this unit. It is necessary to