Professional Documents
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an overview of
Factories Act, 1948
FACTORIES ACT, 1948
OBJECTIVES
• TO SECURE SAFETY OF THE PERSONS;
•TO SECURE HEALTH OF THE PERSONS FROM
HAZARDOUS OCCUPATION/PROCESSES;
• TO ENSURE PROTECTION FROM HAZARDOUS
EQUIPMENT;
• TO ENSURE SOUND WORKING ENVIRONMENT;
• TO ENSURE WELFARE OF THE PERSONS;
• TO PROTECT THE ENVIORNMENT;
FACTORIES ACT, 1948
Labour :
• Earning member of either sex
• 3/4th of the population
Various fields :
• Factories
• Shops
• Establishments
• Plantation
• Mines, etc.
LABOUR LEGISLATIONS
Legislation :
• Labour legislations are the laws or legislations
designed to protect the interest and various aspects
relating to the persons employed / working in various
fields.
60 LABOUR LEGISLATIONS
PROTECTION
Safety Industrial
Health relations
Working Social
conditions security
Environment Wages
CATEGORIES OF LABOUR LEGISLATIONS
Other Legislations
• Environment (Protection) Act, 1986
- MSIHC Rules
- MAHC (K) Rules, 1994
- Chemical Accident (Emergency planning, preparedness
and response) Rules, 1996.
HISTORY OF THE LEGISLATION
(THE FACTORIES ACT, 1948)
Conditions :
• No control over the conditions of the employment of
workmen employed in industries
• Employers used to bargain with the employees
• Child employment was predominant in factories
• Introduction of machines and new processes lead to
accidents and deaths
• There was no stipulated timing of work
HISTORY OF THE LEGISLATION
(THE FACTORIES ACT, 1948)
Fundamental Directive
Rights Principles
APPLICABILITY
• Limited jurisdiction – applies to “Factories”
• Premises where 10 and more workers;
• Manufacturing process, Power
• Premises where 20 and more workers;
• Manufacturing process; No power
• Act empower state government to declare all or any of the
provisions of the act to apply to any place with an objective
to secure safety, health and welfare or workmen even though
the workers strength is less than the above cited conditions.
1. Training of hides, 2. Electroplating, 3. Manufacturing
of specific chemical substances, 4. Manufacturing of
asbestos, 5. Storing and handling of chemical substances
as listed under schedule 1 of MAH (K) Rules, 1994.
BENEFICIARIES (Target Group)
• Workers employed in the registered
factories
“Worker” means a person employed,
directly 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
any kind of work incidental to, or
connected with the manufacturing
process
RESPONSIBLE PERSONS
• OCCUPIER AND MANAGER are the responsible persons
for implementation of the provisions envisaged in the Act.
• OCCUPIER means the person who has got the ultimate
control over the affairs of the factory.
•Proprietorship - Proprietor
• Partnership - One of the partner
• Company - One of the director
• State or Central
Government owned - Person so nominated by the
respective government.
After the SC judgment during 1996
• MANAGER means a person responsible to the occupier for
the working of the factory. He has to be nominated by the
occupier.
INSPECTING STAFF
UPTO 50 WORKERS :
• Facilities as per the scale prescribed shall be provided and
maintained
• A medical practitioner on retainership basis
• He will carryout pre employment and periodical medical
examinations
• Minimum 5 first aid trained personnel shall be present
OHC CONDITIONS
• Muster roll
• Register of adult workers
• Register of leave with wages
• Inspection book
• Register of accident or dangerous occurrence
• Overtime exemption register
• Health register
DISPLAY OF NOTICES
• Notice of periods of work
• An abstract of the act and rules
• Cautionary notices
• Safety posters
• Name of the Inspector
• Name of the certifying surgeon
RETURNS TO BE SUBMITTED
• Annual return
• Half yearly return
• Accident return
ACCIDENT, DANGEROUS OCCURRENCES
AND DISEASES
Fatal
Accidents
Non fatal
REASONS
Protected
Market
Competitive
Injury/
Ask Fault Cause Accident
Damage
Unsafe Act
Unsafe Condition
HOW TO ACCOMPLISH?
Definitely much can be accomplished
• Top management should have very strong commitment to ensure
safety and health at the workplace.
• Implementation of safety is not only a few persons’ job
• Everybody should think that individually and collectively they are
responsible to promote safety in the industry
• It is not one time affair, it is continuous and constant
• Middle management should carry the mission and vision of the top
management to the grass root level without any laxity and
compromise.
• Continuous effort of providing information, training and education
on safety and health to the persons who are in the field is required.
• There should be strong behavioural attitude towards safety
• Everybody should think that they are the occupier and manager and
they are required to observe and follow safety without any
excuses.
RESULT - HAPPINESS EVERYWHERE
To be in this beautiful world -
One should work safely
STATISTICS OF THE STATE