Provision relating to Health & safety of workers under Factories Act, 1948

The Factories Act, 1948

Q. 1 Discuss the main safety provisions of the Factories Act, 1948. What are hazardous processes ?

Discuss the provisions relating to safety of workers in factories y involving hazardous processes as contained in the Act.

What precautions the Factories Act provide for the safety of the workers working on the machines?

Ans. The Factories Act, 1948 deals with safety and security measures under Chapter IV (Sections 21 to 41). Safety is the basic and primary requirement in a factory to secure the body, mind and life of the workers and smooth and proper working. We will discuss these measures one by one

(1) Fencing of Machinery.-According to Section 21, the following shall be securely fenced by safeguards of substantial construction. When the machinery are in motion

(i) Every moving part of prime mover, and every fly wheel connected to prime mover.

(ii) The Head-race and tail race of every water wheel and water turbine.

(iii) Any part of stock bars which projects beyond the head stock of a lathe.

(iv) Every part of electric generator, a motor, or rotary converter. (v) Every part of transmission machinery, and

(vi) Every dangerous part of any other machinery.

In the case of State of Gujarat v. Jetha Lal, AIR 1974 S.C. 779. It was made clear that the fencing is compulsory, although it is impossible by mechanical processor is impracticable.

(2) Working on or near machinery in motion (Section 22).

Mounting or shipping of belts or lubrication, or other adjusting operation while machinery is in motion, shall be handled and carried out by specially trained adult, male worker, wearing a light fitting clothing which shall be supplied by the occupier, whose name has been recorded in the prescribed register, and who has been furnished with a Certificate of his appointment There must be secure foothold, or handhold, a securely fixed ladder, or firmly held by a second person.

No woman or young person shall be allowed to clean and lubricate, adjust, or examine, any machinery or any parts in motion.

(3) Employment of young person on dangerous machines.-No young person shall be allowed to work at oil expeller, milling machines, guillotine machines, power presses, circular saw etc., However they can be allowed to work, if

(i) they have been fully instructed, as dangers arising and precautions to be observed.

(ii) have received sufficient training in work at the machine, or is under or the supervision of person having thorough knowledge and experience of the machine.

In emergent situations it becomes necessary to cut off powers to avoid losses and injury.

(4) Striking gear and devices for cutting of power.-Section 24 lays down that in every factory a suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys and such appliance shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley, driving belts when not in use shall not be allowed to rest or ride upon shifting in motion. In every factory suitable devices for cutting of power in emergencies from running machinery shall be provided and maintained in every working room. A new provision for device has been made in 1976.

(5) Self-Acting machines.-According to Section 25 of the Act. No traversing part of a self-acting machine and no material carried thereon, in a factory shall be allowed to run its outward or inward traverse within a distance of 45 centimetres from any fixed structure, if the space over to which it runs is a space over which any person is liable to pass either in the course of employment or otherwise. The Chief Inspector may grant execution from compliance of such provision, on such conditions for ensuring safety as the Chief Inspector may think fit for this purpose.

(6) Casing of new machinery.-Section 26 provides that in all machinery driven by power and installed in any factory every set of screw, bolt or key, on any revolving shaft, spinkle wheel, or pinion, shall be sunk encased or effectively guarded to prevent danger so also the spur, worm and other toothed or friction gearing, which does not require frequent adjustment while in motion. Any person violating the rule shall be punishable with imprisonment for a term which may extend to 3 months or with fine which may extend to Rs. 500, or both, in case the person sells, or lets on hire, or causes or procures to be sold for use in factory any machinery driven by power.

(7) Prohibition of Employment of women and children near cotton openers.- No woman or child shall be employed in any part of the factory, for pressing cotton in which a cotton opener is at work unless cotton opener is in a room separated from delivery end by a partition extending to the roof or such height as the Inspector may in any particular case may specify in writing. This rule is made with a view to protect the women and children against the risk which are likely to be caused by cotton pressing.

(8) Hoists and lifts.-Section 28 provides that every hoist and lift in every factory shall be of good mechanical construction, sound material, and dequate strength, properly maintained, thoroughly examined by competent person at every six monthly, and a register containing prescribed particulars of every such examination be maintained. Hoist and lift shall be sufficiently protected by an enclosure fitted with gates. The maximum safe working load shall be plainly marked on every hoist and lift, and no greater load than such load shall be carried thereon.

(9) Lifting machines, chains, ropes and lifting tackles.-All parts, including the working gear, whether fixed or moveable of every such device for purpose of raising and lowering persons, shall be of good construction, sound material, and adequate strength, free from defects properly maintained and thoroughly examined by competent person at least every twelve monthly, or at such intervals as the chief inspector may specify in writing, and the particulars of examination shall be written in the register kept for that purpose. No lifting machine or rope etc shall be loaded beyond the safe working load, except for the purpose of test.

(10) Revolving Machine (Section 30).-In, every factory in which the grinding process is carried on, safety measures shall be provided in respect of the revolving machine

There shall be permanently fixed to or placed near machine in use a notice indicating

(i) the maximum safe working peripheral speed of every grind stone or abrasive wheel.

(ii) the speed of the shaft or spindle, upon which the wheel is mounted. (iii) the diameter of the pulley..

The speed so indicated in notice shall not be exceeded, particularly of, revolving vessel, basket, cage, fly-wheel, pulley, disc or similar appliances driven by power. This is to ensure safe working.

(11) Pressure plant (Section 31).-If in any factory any part of the plant or machinery used in manufacturing process is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such is not exceeded. The State Government may make rules providing for examination and testing of any plant and machinery and prescribe other measures for safety as may in its opinion be necessary in any factory. The Government may exempt subject to specified conditions.

(12) Floors, stairs and means of access.-According to Section 32, in every factory, all floor steps, stairs, passages and gang ways shall be of sound construction and properly maintained and shall be kept free from construction and substances likely to cause persons to slip. As far as practicable safe means of access to every place shall be provided. If it is necessary to ensure safety, all these shall be provided with substantial hand rails. The place should be sufficiently fenced to check falling.

(13) Pits, sumps, opening and floors etc.-Section 33 lays down that in every factory, fixed vessel, sump, tank, pit or opening in the ground or floor, which are dangerous because of its depth, shall be either securely covered or fenced as the case may be. It is incumbent upon the management to see that they are not uncovered or unfenced. The State Government may exempt from this provision subject to some specified conditions.

(14) Excessive weights.-Section 34 lays down that no worker shall be compelled to lift to move or to carry heavy load which may cause him injury. The maximum load permissible to be lifted, carried moved, about shall be determined by the State Government. This may be different for women, adolescents and children.

(15) Protection of eyes.-Section 35 makes it obligatory on the part of the employer/occupier to provide sufficient suitable appliances for the protection of the eyes of the workers from the risk of injury from particles. or fragments thrown off, or by reason of exposure to excessive light. effective screens or suitable goggles should be provided in the course of manufacturing process. Hanging of goggles in the office room is not enough, workers must be informed of their whereabouts so that the workers may protect their eyes from sand, dust and the fragments of metal flying

(16) Precaution against dangerous fumes (Section 36).-No person in a factory shall be permitted to enter any chamber, tank, vat. pipeline, or other confined space, in which dangerous fumes are likely to be present, involving risk of persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress practicable measures to remove dangerous gas, fume etc. suitable breathing apparatus, and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined place. The apparatus shall be periodically examined by competent person. Sufficient persons shall be trained and practised in the use of all such things.-C. Haridas v. State of Maharashtra, AIR 1960 S.C. 37.

(17) Precaution against the use of portable Electric Lights. Section 36-A provides that in a factory no portable electric light or electric appliance, of voltage exceeding 24 volts shall be permitted for use inside any chamber, pit, tank, vat, pipeline, or other confined place if any inflammable gas, or fume or dust is likely to be present. The light of flame proof construction shall be permitted to be used therein.

(18) Explosive or inflammable dust gas etc.-Section 37 lays down that suitable measures shall be provided to prevent explosion of ignition of dust, gas, fume, or vapour produced in the process of manufacturing.

(19) Protection in case of fire.- Section 38. provides for the precaution in case of fire in a factory, by such means exit doors of a room. keeping it unlocked or unfastened, opening outwards, audible means if giving warming, free passage, way, familiarising the places of storing inflammable materials, or explosives to keep the workers safe and secure in fire accidents.

(20) Safety of building and machinery (Section 40).-The Inspector may give notice to occupier or manager or both, to take effective deps for making the building or machinery suitably repaired and maintained, if it is dangerous to human life or safety, Such provision is also made under Section 40A if building is in state of disrepair and dangerous to health and welfare of the workers.

(21) Safety officers (Section 40(B)).-Empowers the State Government, to require the occupier to employ safety officers, in such number as may be specified in the notification in the official Gazette wherein one thousand or more workers are ordinarily employed. The duties, qualification, and conditions of services of safety officers shall be such as may be prescribed by the State Government.

Q. 2(a). Discuss the provisions relating to health of workers under the Factories Act, 1948.

Explain briefly the provisions relating to health of workers as contained in the Factories Act, 1948.

Ans. The Act enumerates the following provisions relating to the health of the workers.

(1) Cleanliness.-According to Section 11, every factory shall be kept clean, and free from effluvia arising from any drain, privy or other nuisance and in particular

(i) Accumulations of dust and refuse shall be removed daily by sweeping or by any other effective method from the floors, and benches of workrooms and staircases and passages, are disposed of in a suitable manner, (ii) Cleaning of room atleast once in a week by using disinfectant, where necessary.

(iii) Effective means of draining to save the floor being liable to become wet. (iv) Repainting or varnishing atleast once in every period of five years of all inside walls, partitions, ceiling or top of rooms and wall sides of passage and staircases all doors and window frames.

(v) Repainting atleast with one coat atleast once in every period of six months.

(vi) Washing effectively within a period of 14 months.

The date of painting etc shall be entered in the prescribed register. The State Government may exempt a factory from carrying out the aforesaid provision, specifying alternative methods for keeping the factory in the clean slate.

(2) Disposal of wastes and effluents.-Section 12 empowers the State Government to make rules prescribing the effective arrangement to be made for the treatment of wastes and wastes and effluents due to the manufacturing.

(3) Ventilation and temperature-Section 13.-Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom

(a) adequate ventilation by circulation of fresh air (b) such a temperature as will secure to workers therein reasonable and in particular

(i) walls and roofs shall be of such material and so designed that such temperature shall not exceed but kept as low as practicable.

(ii) where the nature of work involves the production of excessively of high temperature, adequate and practicable measures shall be taken to protect the workers therefrom by separating the process which produces such temperatures from the workmen, by insulating the hot parts or by other effective measures

(4) Dust and fume.-According to Section 14, effective measures shall be taken to prevent the inhalation and accumulation in any workroom from dust and fume or other impurity injurious or offensive to the workers.

No internal combustion engine shall be operated unless exhaust is conducted into the open air.

(5) Artificial humidification.-Section 15 empowers the State

Government to make rules in respect of all factories in which the humidity of air is artificially increased

(i) prescribing standard of humidification

(ii) its regulating method for increasing humidity

(iii) prescribing tests for determining the humidity of the air

(iv) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms.

(6) Overcrowding-Section 16.-No room in the factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Every workroom will be of atleast 9.9 cubic feet or 14.2 cubic feet space for every worker employed therein. No account shall be taken of space which is more than 4.2 metre above the level of the floor of the room. Chief Inspector may by notice or order specify the maximum number of workers to be posted in each room of a factory. He may exempt subject to such conditions, if any, as he thinks fit.

(7) Lighting.-According to Section 17, there shall be provided and maintained sufficient and suitable lighting-natural or artificial or both in every part of the factory. All glazed windows and skylights used for lightingof the workrooms shall be kept clean on both inner and outer surfaces, and free from obstruction standard shall be prescribed by the State Government Glare, either directly from a source of light or by reflection of smooth or polished surface and formation of shadows should be prevented by suitable measure, so that it may not cause eye-strain or the risk of accident of any worker.

(8) Drinking water.-Section 18.-Arrangement to provide and maintain a sufficient supply to wholesome drinking water. Points of the water supply should be situated at convenient places, legibly marked 'drinking water in a language understandable by majority of workers. No such point shall be situated within 20 feet of any washing place or urinal or latrine unless a shorter distance is approved in writing by the Chief Inspector.

(9) Cooling of water in hot weather.-Section 18.-Where in a factory there are more than 250 workers employed provision shall be made for cooling of drinking water during hot weather by effective means. The State Government may make rules for the compliance of this provision

(10) Latrines and urinals.-Section 19 lays down that following

provision for the following shall be made (a) sufficient latrine and urinal accommodation of prescribed type and conveniently situated and accessible to workers all the time while they are at the factory

(b) separate enclosed accommodation for male and female workers,

(e) they will be adequately lighted and ventilated,

(d) maintained in clean and sanitary condition,

The floor and the internal walls, up to the height of 90 centimetres, the latrines and urinal and sanitary blocks shall be laid in glazed tiles of otherwise finished to provide a smooth polished impervious surface. They shall be thoroughly washed and cleaned atleast once in every 7 days with suitable detergents or disinfectants or with both,

(11) Spittoons Section 20 lays down that in every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. The State Government is empowered to make rules prescribing, the type and number of spittoons, their location, etc. No person shall spit within the premises of a factory except in the spittoons provided for the containing this provision and the penalty for its violation shall be displayed urpose and notice prominently at suitable places in the premises. A person contravening this provision shall be punishable with fine not exceeding Rs. 5/-.

References:-

https://labour.gov.in/sites/default/files/Factories_Act_1948.pdf

https://tilakmarg.com/acts/factories-act-1948-chapter-iv-safety/

https://hseindia.wordpress.com/2015/01/29/chapter-iv-safety/

https://www.ilo.org/dyn/natlex/docs/WEBTEXT/47346/65073/E65BGD01.htm

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/102141/123387/F839757544/PAK102141.pdf

https://rajanmital.tripod.com/id6.html

https://www.taxdose.com/measures-to-be-taken-by-factories-for-health-safety-and-welfare-of-workers/

https://www.ilo.org/dyn/natlex/docs/MONOGRAPH/88477/123120/F1558150740/MMR88477%20Eng%202016.pdf

https://acadpubl.eu/hub/2018-120-5/5/417.pdf

https://accountabilityhub.org/provision/sections-11-20/

https://www.srdlawnotes.com/2017/11/the-welfare-and-safety-provisions-of.html