Factories Act – 1948

&
BOCW Act - 1996

May 27, 2022

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 Factories Act’ 1948 (A Legislation on Safety)
• What is meant by the Factories Act, 1948?

The Factories Act, 1948, with the rules prescribed thereunder, is a

legislation to ensure safety, health and welfare of the workers employed
in factories, and also, to a certain extent, of the people in the
neighborhood and the environment.
 
• To whom is this Act applicable?

– This legislation is applicable to all factories as defined under the Act.

– A factory means premises, including the precincts thereof, wherein
‘manufacturing process’ is carried on -
– with 10 or more workers with the aid of power
or
– wherein 20 or more workers are working without the aid of power
and
– wherein less than 10 workers are engaged in certain manufacturing
processes which could be brought under the Act by notification under
Section 85.
– Manufacturing process includes even repairing, oiling, cleaning, etc.
 Factories Act’ 1948 (A Legislation on Safety)

• Does the Factories Act, 1948 and the rules there

under apply to Government and semi-Government
factories?

– Unless otherwise provided for, this Act applies even to factories

belonging to the Central or State Governments. Defence
establishments and departmentally-run undertakings are also not
exempted from this Act.

– There is no discrimination between private and Government

establishments in the enforcement of this Act, as its main purpose
is to ensure the safety, health and welfare of the persons
employed therein.
 Factories Act’ 1948 (A Legislation on Safety)

Who is a worker?

• Any person working within the factory premises, for wages

or not, engaged directly or indirectly in the manufacturing
process, and employed either directly or through any other
agency (including contractor) is a worker.
• If a person is found in the factory premises at any time;
when work is going on he shall be deemed to be a worker.
• ‘Adult’ means a person who has completed 18 yrs of age.
• ‘occupier’ who has ultimate control over the affairs of the
factory
 Safety Under Factories Act

Factory Inspection:

• Every factory is required to get factory building plans approved

from chief inspector of factories.
• For running of factory, license has to be obtained from chief
inspector of factories after registration.
• Section 9 of the act, the state government appoints person
processing prescribed qualification as inspector
 General duties of occupier

Under section 7-a,of Factories Act,1948

• Ensure safety, health & welfare of all employees while they are in
work

• Provision and maintenance of plant and systems that are safe and
without risk to health and safety

• Ensuring safety and absence of risks to health in connection with the

use, handling, storage and transport of articles and substances

• Provision of information, instruction, training and supervision as are

necessary to ensure the health and safety
 General duties of occupier
Under section 7-a,of Factories Act,1948

• Maintenance of all places of work is safe and without any risk to

health

• Provision for maintenance or monitoring of such working

environment

• Prepare and as often, revise a written statement of general policy

with respect to safety and health of workers arrangements for
carrying out that policy.
 Safety Under Factories Act

Health provisions
• Section 10 of the act, appointment of qualified medical practitioner

Safety with respect to plant and machinery

• Section 21 of the act, moving parts and prime movers etc are to
be properly fenced.

• Section 22 of the act, if the moving machine has to be examined

then they are to be examined by a trained person.

• Section 23 of the act, prohibits young men on working at

dangerous machines unless they are trained properly.

• Section 24 of the act, provides suitable backup devices for cutting

of power

S
 CHAPTER – IV AND IV-A : (SAFETY)

Sec 28 : Hoists & Lifts

Thoroughly examined by a competent person [Sec 2(ca)] at least once
in every period of six months and a register shall be kept containing
the prescribed particulars of every such examination.

REGISTER Dt. Of Examination, No. of hoist / lift if more than one,

Details of Exam., Result of Exam., Signature of Examiner, Designation &
Qualification of Examiner.

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 YOU ARE THE TO SAFETY
CHAPTER – IV AND IV-A : (SAFETY)
Sec 28: Hoists & Lifts
28 (c) : The maximum SWL (Safe Working Load) shall be
plainly marked on every Hoist or Lift, and no load greater than
such load shall be carried thereon.

28 (d) : Hoist or Lift used for carrying persons shall be fitted

with a gate.
28 (e) : The gate shall be fitted with interlocking or other
efficient device.

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 CHAPTER – IV AND IV-A : (SAFETY)
Sec 29 :
Lifting Machines, Chains, Ropes and Lifting Tackles
REGISTER
1.Name of the Occupier
2.Address of Factory
3. No. of Lifting M/cs, Chain, Rope, Slings, etc.
4. Dt. When the lifting M/c or tackles was first brought in use
in the factory.

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 CHAPTER – IV AND IV-A : (SAFETY)

Sec 29 : (Contd..)
Lifting Machines, Chains, Ropes and Lifting Tackles
REGISTER
5. Dt. And No. of Certificate relating to ant test & examination
together with the name and address of persons. Issued
certificate
6. Any defect affecting the SWL found at any such thorough
examination.

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 CHAPTER – IV AND IV-A : (SAFETY)

Sec 31 : Pressure Plant

Thoroughly examined by competent person
1. Externally, once in every period of six months;
2. Internally, once in every period of twelve months; If internal
examination is not possible this examination may be
replaced by a hydrostatic test which shall be carried out
once in every period of two years.

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 CHAPTER – IV AND IV-A : (SAFETY)

Sec 31 : Pressure Plant

3. Hydrostatically tested once in every period of four yrs.
4. Hydrostatically test shall be carried out 1.25 times of the
design pressure or 1.5 times the maximum permissible
working pressure, which ever is less.

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 CHAPTER – IV AND IV-A : (SAFETY)
Sec 35: Protection of Eyes
Effective Screens or suitable Goggles shall be provided for the
protection of persons employed on, or in the immediate vicinity of
the following processes;
• Dry Grinding
• Welding or Cutting
• Fettling of metal castings involving the removal of metal
• Process on furnace (Molten metals)
• Chipping of scaling of boilers
• Chemical works

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 CHAPTER – IV AND IV-A : (SAFETY)
CHAPTER IV - A
(Rule - 63 U. P. Factories Rules 1950)

(Amended vide Act 20 of 1987 and enforced w.e.f. 01.12.1987)

Sec 41-A: Constitution of Site Appraisal Committee
Sec 41-B: Compulsory Disclosure of Inf. by occupier
Sec 41-C: Specific responsibility of Occupier
Sec 41-D: Power of Central Govt. to appoint enquiry committee
Sec 41-E: Emergency Standards
Sec 41-F: Permissible limit of Exposure of chemicals
Sec 41-G: Workers participation
Sec 41-H: Right to workers to warn about imminent danger

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 Duties Of Safety Officer

The duties of a safety officer shall be to advise and assist the factory
management in the fulfillment of its obligations, statutory or otherwise
concerning prevention of personal injuries and maintaining a safe
working environment. These duties shall include the following namely:

(i) To advise the concerned departments in planning and

organizing measures necessary for the effective control of
personal injuries;

(i) To Advise on safety aspects in all job studies, and to carry

out detailed job safety for the selected jobs;

(iii) To check and evaluate the effectiveness of the action taken or

proposed to be taken to prevent personal injuries;

(iv)To provide advise on matter related to carrying out ensuring

high quality and availability of personal protective
equipments;
 Duties Of Safety Officer

(v) To advise on matter related to carrying out plant safety

inspections;

(vi) To carry out plant safety inspection in order to observe the

physical condition of work and the work practices and
procedures followed by workers and to render advise on
measures to be adopted for removing the unsafe actions by
worker;

(Vii)to investigate selected accident;

(Viii)to render advise on matters related to reporting and

investigation of industrial accidents and diseases;
(ix) to investigation of industrial accidents and diseases;
Safety Module: Safety & Factory Act, Rev 0.0, Mar 2007
 Duties Of Safety Officer

(X) to advise on the maintenance of such records as are

necessary relating to accidents, dangerous occurrences and
industrial diseases;

(Xi) to promote setting up of safety and act as advisor and

catalyst to such committees;

(Xii) to organize in association with the concerned, departments,

campaigns, competitions, contents and other activities which
will develop and maintain the interest of workers in
establishing and maintaining safe conditions of work and
procedures; and

S
 Is Power Industry A Hazardous Industry?

Yes,
In accordance with the provision of Schedule 2 (C), (b) read with The Factories
Act’ 1948, “power generating industry” is classified as hazardous process
under item 5 thereof.

According to Section 41-b, para –4, of Factories Act 1948, all factory engaged
in hazardous processes must have Emergency Management Plan.
 BOCW Act -1996
HEALTH AND SAFETY OF CONSTRUCTION WORKERS
– A LEGAL SCENARIO

May 27, 2022

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 “SECTION 2(d)”

“BUILDING OR OTHER CONSTRUCTION WORK" means the

construction, alteration, repairs, maintenance or demolition- of or, in
relation to, buildings, streets, roads, railways, tramways, airfields,
irrigation, drainage, embankment and navigation works, flood
control works (including storm water drainage works), dams, canals,
reservoirs, watercourses, tunnels, bridges, aquaducts, pipelines,
towers, cooling towers, transmission towers and such other work as
may be specified in this behalf by the appropriate Government, by
notification

but does not include any building or other construction work to

which the provisions of the Factories Act, 1948 (63 of 1948), or the
Mines Act, 1952 (35 of 1952), apply;

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 “SECTION 2(g)”

“CONTRACTOR” means a person who undertakes to

produce a given result for any establishment, other than
a mere supply of goods or articles or manufacture, by the
employment of building workers or who supplies building
workers for any work of the establishment; and includes
a sub-contractor.

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 “SECTION 2(i)”

“EMPLOYER” in relation to an establishment, means the

owner thereof, and includes,-

1. In relation to a building or other construction work

carried on by or under the authority of any department of
the Government, directly without any contractor, the
authority specified in this behalf, or where no authority is
specified, the head of the department.

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 “SECTION 2(i)”

2. In relation to a building or other construction work carried

on by or on behalf of a local authority or other
establishment, directly without any contractor, the chief
executive officer of that authority or establishment.

3. In relation to a building or other construction work carried

on by or through, a contractor, or by the employment of
building workers supplied by a contractor, the contractor.

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 “SECTION 2(j)”

“ESTABLISHMENT” means any establishment belonging to,

or under the control of, Government, any body corporate or
firm, an individual or association or other body of individuals
which or who employs building workers in any building or
other construction work; and includes an establishment
belonging to a contractor,

but does not include an individual who employs such

workers in any building or construction work in relation to his
own residence, the total cost of such construction not being
more than rupees ten lakhs;

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 GENERAL PROVISIONS

• Excessive noise, vibration etc.

• Fire protection.
• Emergency action plans.
• Fencing of motors etc.
• Lifting and carrying of excessive weight.
• Health and safety policy.
• Dangerous and harmful environment.
• Overhead protection
• Slipping, tripping, cutting and falling hazards.

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 GENERAL PROVISIONS

• Dust, gases, fumes, etc.

• Corrosive substances.
• Eye protection.
• Head protection and other protective apparels.
• Electrical hazards.
• Vehicular traffic.
• Stability of structures.
• Illumination of passageways, etc.

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 SPECIAL HEALTH
PROVISIONS

• “Ambulance room” maintenance.

• “Ambulance van” Maintenance.
• Maintenance of stretchers.
• Provision of “Occupational health services”.
• Notice of poisonings or occupational diseases.
• Maintenance of first aid box.

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 INSPECTING STAFF

INSPECTORS DEFINED UNDER SECTION 42

• Labour commissioner- Chief Inspector of Inspections

• Joint Labour commissioners.
• Deputy Labour commissioners.
• Assistant Labour Commissioners.
• Labour officers.
• Inspecting officers.

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