THE FACTORIES ACT, 1948 Object To provide safety measures and To promote health and welfare of workers employed

ed in factories. Its primary object is to protect workers against industrial and occupational hazards. For that purpose, it seeks to impose upon the owners or the occupiers certain obligations To protect workers and to secure for them, Employment in conditions conducive to their health and safety from accidents. It lays down the basic minimum requirements for ensuring the safety, health and welfare of factory workers. THE FACTORIES ACT, 1948 APPLICABILITY It extends to the whole of India Applicable to all factories including government factories using power and Employing 10 or more workers and 20 without using power on any day of the preceding 12 months. It covers all workers whether employed directly or indirectly or through by any agency, including a contractor, With or without the knowledge of the principal employer, Whether for remuneration or not, in any manufacturing process, but does not include a mine subject to the provisions of the Mines Act or a mobile unit belonging to armed forces a railway running shed or a hotel, restaurant or eating place.

THE FACTORIES ACT, 1948 APPLICABILITY Mere fact that an Electronic Data Processing Unit or Computer Unit is installed in any premises or part thereof shall not be construed to make it a factory if no manufacturing process is carried out on the premises or part thereof. The Act comprises of 11 Chapters and 120 sections and one Schedule listing notifiable diseases.

THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACT Licensing Section 6 Compulsory Approval, Licensing and Registration of Factories. Payment of

prescribed License fees and registration fees and supplying such information as may be required by the Govt. THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACT Section 7 Notice by Occupier The Occupier has to send to the Chief Inspector a written notice At least 15 days before he begins to use any premises as a factory. This notice should contain such particulars as name and situation of the factory, Name and address of the owner, occupier and manager to the factory, Nature of the manufacturing process to be carried on, Number of workers to be employed, Rated horsepower installed or to be installed including that of any stand-by plant and Such other particulars as may be required by the Government.

THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACT. Sec 2n Occupier Occupier of a factory means the person who has ultimate control over the affairs of the factory. Provided that in case of a company any one of the directors shall be deemed to be the occupier

THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACT Section 7A General duties of the occupier Every occupier shall ensure, so far as reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. THE FACTORIES ACT, 1948 HEALTH & SAFETY MEASURES Chapter III provides comprehensive measures for safeguarding the health of workers and following safety measures, of which important are: This Chapter interalia requires proper cleanliness, frequency and mode of cleaning is prescribed, arrangement for disposal of trade waste and affluents, provision of proper ventilation and temperature conditions of reasonable comfort of worker, control of dust and fumes, so as to prevent its inhalation by the workers. There should be no overcrowding in the factory, to an extent, it may be injurious to their health. It is the responsibility of the occupier/manager of the factory to provide adequate latrines, urinals, washing points, drinking water points, etc.

THE FACTORIES ACT, 1948 CHAPTER IV (SAFETY) To ensure safety of workers working on or around the machines, it is essential that all dangerous parts of machinery should be properly fenced with safe-guards of substantial construction, which shall be maintained and kept in position, while the machinery is in motion (section 21). This section also prohibits examination and lubrication of machinery while in motion, unless it is carried out by a trained, male adult worker, whose name has been recorded in the register prescribed for this purpose. Section 23 of this Act prohibits employment of young persons on dangerous machines such as presses, wood working machines, etc.

THE FACTORIES ACT, 1948 CHAPTER IV (SAFETY) The other sections of this Chapter deal with the safety of self-acting machines, casing of new machinery, prohibition on employment of women and children under cotton openers, maintenance and testing of hoists and lifts, lifting machines, chains, ropes, etc. revolving machines, pressure plants. The maintenance of floors, stairs, pits, sumps, excessive weights, protection of eyes, precautions against dangerous fumes, precautions regarding use of portable electric lights, explosive and flammable dusts, precautions in case of fire, In addition to these requirements, all factories ordinarily employing 1000 workers or more are required to employ such of safety officers, as may be prescribed by State Rules.

THE FACTORIES ACT, 1948 CHAPTER VI A PROVISIONS RELATING TO HAZARDOUS PROCESS (INSERTED AFTER BHOPAL GAS TRAGEDY) HAZARDOUS PROCESS means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would

cause material impairment to the health of the persons engaged in or connected therewith, or result in the pollution of the general environment. THE FACTORIES ACT, 1948 Sec 41A a) Constitution of Site Appraisal Committee to consider applications for grant of permission for the initial location of a factory, involving hazardous process or an expansion of any such factory. THE FACTORIES ACT, 1948 Sec 41B Compulsory disclosure of information by the occupier It shall be the duty of the occupier to a. Disclose information regarding dangers, including health hazards and measures to overcome such hazards arising out of hazardous substances, to the Chief Inspector of Factories, local authority and the general public in the vicinity. b. Prepare health and safety policy. It also applies to non-hazardous and non-dangerous operations of factories employing 100 or more workers, without the aid of power or 50 or more workers, with the aid of power. THE FACTORIES ACT, 1948 Sec 41B a Furnish information on hazardous waste. b. Prepare on-site emergency plan, detailing safety measures to be taken in the event of an accident-taking place; c Assist the authorities in preparation of off-site Emergency plan and preparation of information to be furnished to general public. c Collection, development and dissemination of information in the form of Material Safety Data Sheet (MSDS) and labeling of containers of hazardous substances. THE FACTORIES ACT, 1948 Sec 41C Specific responsibility of the occupier in relation to hazardous processes a to maintain accurate and upto date medical record of the workers; a to appoint qualified, experienced and competent supervisors to supervise handling of hazardous substances. a Pre-employment and post-employment medical examination of workers, at regular intervals.

THE FACTORIES ACT, 1948

Sec 41D & E These sections empower the Central Government to appoint an Enquiry Committee, in extraordinary situations and to prescribe safety standards, wherever the same have not been prescribed

THE FACTORIES ACT, 1948 Sec 41F Permissible limits of exposure of chemical and toxic substances have been prescribed under the Second Schedule. These limits are applicable, whether industry is hazardous or not.

THE FACTORIES ACT, 1948 Sec 41G Workers participation in Safety Management Safety committees are required to be set up comprising of representatives of Management and workers, to promote better co-operation. THE FACTORIES ACT, 1948 Sec 41H Right of workers to warn about imminent danger This section empowers workers to bring to the notice of the occupier, manager or in charge, directly or through the Safety Committee any situation where there is a likelihood of imminent danger to human life and to simultaneously bring to the notice of the Inspector of Factories.

THE FACTORIES ACT, 1948 CHAPTER V ( WELFARE) The important requirements of this Chapter are to provide:Separate and adequate washing facilities for male and female workmen. Facilities for storing and drying wet clothes. Facilities for sitting for workers obliged for work normally in standing position. First Aid-box under charge of a trained person. One for every 150 workmen Ambulance room for factory ordinarily employing more than 500 workmen. Suitable and adequate Rest Shelter or a Rest room and Lunch room to be provided in factories

ordinarily employing more than 150 workers. However, the provision shall not be required, if canteen according to sec 46 has been provided. THE FACTORIES ACT, 1948 CHAPTER V ( WELFARE) Canteen of prescribed standards in factories employing more than 250 workmen, to be run on no profit basis by a duly constituted canteen managing committee. h Creche of prescribed standards for use of children below 6 years of age of women workers, employed in factories ordinarily employing more than 30 women workers. Such crche should be under the charge of a trained woman. h Factory ordinarily employing 500 or more workers, are required to appoint a Welfare officer, whose duties, qualifications and conditions of service are prescribed under the State Factory Rules. Attribution: http://www.citehr.com/210004-factory-act.html#ixzz1uZGOzxko