Working conditions in factories are regulated by the Factories Act 1948, which provides for health, safety and welfare and precautions to be taken incase of hazardous processes. Minimum standards of lighting, ventilation, health, safety and welfare service, which the employer should provide in their factories, have also been laid down. The Act prescribes 48 hours week for adult workers, prohibits the employment of children under 14 in any factory, and makes some special provisions for children and women. It also makes provision for annual leave with wages.
The Act is enforced by the State Governments through their Factory Inspectorates.
Definition:
“Factory”
means any premises including the precincts thereof -
i. whereon 10 or more workers are working on any day of the preceding twelve months, and in any part of which a manufacturing process is carried on with the aid of power, or is ordinarily so carried on, or
ii. Whereon 20 or more workers are working on any day of the preceding twelve months, and in any part of which manufacturing process is carried on without the aid of power, or is ordinarily carried on ,-
But does not include a mine subject to the operation of the Mines Act 1952 or a mobile unit belonging the armed forces of the Union, railway running shed or a hotel, restaurant or eating place.
Explanation I : For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account.
Explanation II : For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;
"manufacturing process"
means any process for - (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or
(ii) pumping oil, water, sewage or any other substance; or;
(iii) generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; lra-6 ] [ lra-7 or lra-7 ]
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)
(vi) preserving or storing any article in cold storage;
Worker”
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 manufacturing process, or 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.
MAIN PROVISIONS
Registration and Renewal of factories:
To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan
Health
Cleanliness
Every factory shall be kept clean and free from effluvia arising from any drain privy or other nuisance.
Disposal of wastes and effluents
Effective arrangements should be made for the treatment and disposal of wastes and effluents
Ventilation and temperature
Adequate ventilation by circulation of fresh air and suitable temperature for maintaining comfort and preventing injury to the workmen should be ensured.
Dust and fumes
Effective measures should be taken to prevent inhalation and accumulation of dust and fumes in work room.
Artificial Humidification
Artificial humidification shall be maintained as per the standards prescribed by the State Government
Over crowding
Each employee should be given a space of atleast 14.2 cub.m
Lighting
Sufficient and suitable lighting natural or artificial or both should be maintained
Drinking Water
Wholesome drinking water should be supplied to the workers
Latrines and Urinals
Sufficient Latrine and Urinal accommodation conveniently situated and accessible to all workers at all times should be provided
Spittoons
Sufficient number of spittoons in convenient places shall be maintained in clean and hygienic conditions.
Safety Measures:
Fencing of Machinery
Every moving part of the prime mover and all moving parts should be properly fenced.
Work on near machinery in motion
Trained adult male worker wearing tight fitting clothing should only be allowed to work near machinery in motion
Employment young persons on dangerous machines
No young person should be allowed to work on dangerous machines without proper training
Striking gear and devices for cutting off power
Suitable devices for cutting of power shall be provided for cutting off power
Self acting machines
No traversing part of the self-acting of machine shall run over a space which any person is liable to pass
Casing of new machinery
All screws and bolts should be encased to prevent any danger
Prohibition of employment of women and children near cotton openers
No women and children should be employed near cotton openers
Hoists, lifts, lifting machines, chains, ropes and tackles
Hoists, lifts, lifting machines, chains, ropes and tackles should be of good mechanical construction and tested periodically
Revolving Machinery
Effort should be taken to ensure that safe working speed of the revolving machinery should not be exceeded
Pressure Plants
Effective measures should be taken to ensure that safe working pressure of Pressure Plant is not exceeded
· Floors, stairs and means of access
Floors, stairs and means of access should be of sound construction and properly maintained
Protection of eyes
Eye should be protected from any injury or exposure to excessive light
Precaution against dangerous fumes and gases etc.,
All practical measures should be taken to remove any dangerous fumes, gases, vapours before allowing any person to enter into confined space
Explosive or inflammable dust, gas etc.,
Effective enclosure of machinery and removal of inflammable dust gas etc., should be done to prevent any explosion
Precaution in case of fire
Safe means of escape in the event of a fire and necessary equipments or extinguishing fire should be provided
Safety Officer
Wherein more than or equal to 1000 employees are working, a Safety Officer should be appointed
Welfare Measures:
Washing facilities
Adequate and suitable facility for washing shall be provided and maintained for the use of workers
Facilities for storing and drying clothes
Suitable places for keeping clothing not worn during working hours and for the drying of wet clothing should be provided
Facilities for sitting
Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
First Aid appliances:
Provision of first-aid boxes or cupboards equipped with the prescribed contents and the number of such boxes and cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed.
Canteens
In every factory wherein more than 250 workers are ordinarily employed a canteen should be provided and maintained.
Shelters, Rest rooms and Lunch rooms:
Every factory wherein more than 150 workers are ordinarily employed adequate and suitable shelters or rest rooms and a suitable lunchroom, with provision for drinking water shall be provided and maintained for the use of the workers.
Crèches
When there are 30 are more women workers are employed, there shall be provided and maintained suitable rooms for the use of children under 6 years of age of such women
Welfare Officer
When there are 500 or more workers, occupier shall employ such number of welfare officers as prescribed
Working Hours of Adults:
Normal working hours:
Weekly Hours – 48 hrs
Daily Hours - 9 hrs (subject to 48 hrs. / week)
· The above restrictions shall not apply to employees who hold position of supervisory, Management or employees in confidential positions. (Stenographer, Telephone Operator, PAs or Secretaries.)
Urgent Repairs:
Weekly hours - 56 hrs
Daily hours - 10 hrs
Total Hours of OT / Qtr.- 50 (Qtr means three consecutive months beginning with 1 January, 1 April, 1 July or 1 October)
Shift workmen are allowed to work the whole or part of the subsequent shift due to absence of a reliever subject to following conditions:
· the next shift for the shift workmen shall not commence before a period of eight hours elapsed.
· notice to Inspector of factories within 24 hrs of the commencement of the shift explaining the reasons under which the worker is required to work
· exemption to male adult worker only.
Urgent Repairs which involve danger to human life or safety:
Exemptions are allowed for Urgent repairs:
Daily hours – 15 hours (Cumulative 3 days – 39 hours)
Weekly hours – 66 hours
Chief Inspector of Factories exempt the factory to deal with an exceptional pressure of work:
Daily hours - 12 hrs
Total Hours including OT / week.- 60 hrs
OT Hours per qtr - 75 hrs.
No worker shall be allowed to work more than 7 days at a stretch
Employment of young persons
Prohibition of employment of young children who have not completed 14 years
Annual leave with wages:
A worker having worked for 240 days is granted leave with wages @ one day leave for every 20 days.of work.
Workers' Participation in Safety Management
(1) 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 workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf : Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such committee.
(2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed.
Obligations of workers
(1) No worker in a factory - (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
(c) shall wilfully 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.
(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
Right of workers, etc.
Every worker shall have the right to - (i) obtain from the occupier, information relating to workers' health and safety at work;
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work;
(iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory
The Act is enforced by the State Governments through their Factory Inspectorates.
Definition:
“Factory”
means any premises including the precincts thereof -
i. whereon 10 or more workers are working on any day of the preceding twelve months, and in any part of which a manufacturing process is carried on with the aid of power, or is ordinarily so carried on, or
ii. Whereon 20 or more workers are working on any day of the preceding twelve months, and in any part of which manufacturing process is carried on without the aid of power, or is ordinarily carried on ,-
But does not include a mine subject to the operation of the Mines Act 1952 or a mobile unit belonging the armed forces of the Union, railway running shed or a hotel, restaurant or eating place.
Explanation I : For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account.
Explanation II : For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;
"manufacturing process"
means any process for - (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or
(ii) pumping oil, water, sewage or any other substance; or;
(iii) generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; lra-6 ] [ lra-7 or lra-7 ]
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)
(vi) preserving or storing any article in cold storage;
Worker”
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 manufacturing process, or 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.
MAIN PROVISIONS
Registration and Renewal of factories:
To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan
Health
Cleanliness
Every factory shall be kept clean and free from effluvia arising from any drain privy or other nuisance.
Disposal of wastes and effluents
Effective arrangements should be made for the treatment and disposal of wastes and effluents
Ventilation and temperature
Adequate ventilation by circulation of fresh air and suitable temperature for maintaining comfort and preventing injury to the workmen should be ensured.
Dust and fumes
Effective measures should be taken to prevent inhalation and accumulation of dust and fumes in work room.
Artificial Humidification
Artificial humidification shall be maintained as per the standards prescribed by the State Government
Over crowding
Each employee should be given a space of atleast 14.2 cub.m
Lighting
Sufficient and suitable lighting natural or artificial or both should be maintained
Drinking Water
Wholesome drinking water should be supplied to the workers
Latrines and Urinals
Sufficient Latrine and Urinal accommodation conveniently situated and accessible to all workers at all times should be provided
Spittoons
Sufficient number of spittoons in convenient places shall be maintained in clean and hygienic conditions.
Safety Measures:
Fencing of Machinery
Every moving part of the prime mover and all moving parts should be properly fenced.
Work on near machinery in motion
Trained adult male worker wearing tight fitting clothing should only be allowed to work near machinery in motion
Employment young persons on dangerous machines
No young person should be allowed to work on dangerous machines without proper training
Striking gear and devices for cutting off power
Suitable devices for cutting of power shall be provided for cutting off power
Self acting machines
No traversing part of the self-acting of machine shall run over a space which any person is liable to pass
Casing of new machinery
All screws and bolts should be encased to prevent any danger
Prohibition of employment of women and children near cotton openers
No women and children should be employed near cotton openers
Hoists, lifts, lifting machines, chains, ropes and tackles
Hoists, lifts, lifting machines, chains, ropes and tackles should be of good mechanical construction and tested periodically
Revolving Machinery
Effort should be taken to ensure that safe working speed of the revolving machinery should not be exceeded
Pressure Plants
Effective measures should be taken to ensure that safe working pressure of Pressure Plant is not exceeded
· Floors, stairs and means of access
Floors, stairs and means of access should be of sound construction and properly maintained
Protection of eyes
Eye should be protected from any injury or exposure to excessive light
Precaution against dangerous fumes and gases etc.,
All practical measures should be taken to remove any dangerous fumes, gases, vapours before allowing any person to enter into confined space
Explosive or inflammable dust, gas etc.,
Effective enclosure of machinery and removal of inflammable dust gas etc., should be done to prevent any explosion
Precaution in case of fire
Safe means of escape in the event of a fire and necessary equipments or extinguishing fire should be provided
Safety Officer
Wherein more than or equal to 1000 employees are working, a Safety Officer should be appointed
Welfare Measures:
Washing facilities
Adequate and suitable facility for washing shall be provided and maintained for the use of workers
Facilities for storing and drying clothes
Suitable places for keeping clothing not worn during working hours and for the drying of wet clothing should be provided
Facilities for sitting
Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
First Aid appliances:
Provision of first-aid boxes or cupboards equipped with the prescribed contents and the number of such boxes and cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed.
Canteens
In every factory wherein more than 250 workers are ordinarily employed a canteen should be provided and maintained.
Shelters, Rest rooms and Lunch rooms:
Every factory wherein more than 150 workers are ordinarily employed adequate and suitable shelters or rest rooms and a suitable lunchroom, with provision for drinking water shall be provided and maintained for the use of the workers.
Crèches
When there are 30 are more women workers are employed, there shall be provided and maintained suitable rooms for the use of children under 6 years of age of such women
Welfare Officer
When there are 500 or more workers, occupier shall employ such number of welfare officers as prescribed
Working Hours of Adults:
Normal working hours:
Weekly Hours – 48 hrs
Daily Hours - 9 hrs (subject to 48 hrs. / week)
· The above restrictions shall not apply to employees who hold position of supervisory, Management or employees in confidential positions. (Stenographer, Telephone Operator, PAs or Secretaries.)
Urgent Repairs:
Weekly hours - 56 hrs
Daily hours - 10 hrs
Total Hours of OT / Qtr.- 50 (Qtr means three consecutive months beginning with 1 January, 1 April, 1 July or 1 October)
Shift workmen are allowed to work the whole or part of the subsequent shift due to absence of a reliever subject to following conditions:
· the next shift for the shift workmen shall not commence before a period of eight hours elapsed.
· notice to Inspector of factories within 24 hrs of the commencement of the shift explaining the reasons under which the worker is required to work
· exemption to male adult worker only.
Urgent Repairs which involve danger to human life or safety:
Exemptions are allowed for Urgent repairs:
Daily hours – 15 hours (Cumulative 3 days – 39 hours)
Weekly hours – 66 hours
Chief Inspector of Factories exempt the factory to deal with an exceptional pressure of work:
Daily hours - 12 hrs
Total Hours including OT / week.- 60 hrs
OT Hours per qtr - 75 hrs.
No worker shall be allowed to work more than 7 days at a stretch
Employment of young persons
Prohibition of employment of young children who have not completed 14 years
Annual leave with wages:
A worker having worked for 240 days is granted leave with wages @ one day leave for every 20 days.of work.
Workers' Participation in Safety Management
(1) 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 workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf : Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such committee.
(2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed.
Obligations of workers
(1) No worker in a factory - (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
(c) shall wilfully 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.
(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
Right of workers, etc.
Every worker shall have the right to - (i) obtain from the occupier, information relating to workers' health and safety at work;
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work;
(iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory
No comments:
Post a Comment