You are on page 1of 90

Welcome to the Presentation on

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

 Regarded as one of the Noble and a Comprehensive


Labour Legislation which is inforce in our country.
 Covers all the aspects relating to workers employed in
factories.
factories
Secures - Safety
Health
Welfare
Regulates - Working Hours
FACTORIES ACT, 1948

Ensures - Annual leaves with wages


Provides - Additional protection
from hazardous processes
Additional protection to
women workmen
Prohibition of
employment of children
LABOUR LEGISLATIONS
LABOUR LEGISLATIONS

Labour :
• Earning member of either sex
• 3/4th of the population
Various fields :
• Factories
• Shops
• Establishments
• Plantation
• Mines, etc.
LABOUR LEGISLATIONS

Unfold the history


• Labourers have been exploited
• They have been made to face lot of problems at their
work place.
This has paved way for designing

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

• The fatal accidents Act, 1855


• The child labour (prohibition and regulation) Act, 1986
- Pre-independence
- Post independence

Legislations are amended from time to time to meet the


scope and objective enshrined in the Acts.
60 LABOUR LEGISLATIONS

OBJECTIVE - ENSURE PROTECTION TO


LABOURERS

PROTECTION

Safety Industrial
Health relations

Working Social
conditions security
Environment Wages
CATEGORIES OF LABOUR LEGISLATIONS

Legislations on Safety, environment, and working conditions :


• The Factories Act, 1948
• The Indian Boilers Act, 1923
• The Fatal Accident Act, 1855
• The Indian Dock Labourers Act, 1934
• Dock Workers (Regulation and Employment) Act,
1948
• The Mines Act, 1952, etc.
CATEGORIES OF LABOUR LEGISLATIONS

Legislation on Industrial Relations


• The Trade Unions Act, 1926
• The Industrial employment (Standing Orders) act, 1946
• Industrial Disputes Act, 1947

Labour legislation on wages


• The Payment of Wages Act, 1936
• The Minimum Wages Act, 1948
• The Payment of Bonus Act, 1965
• The Equal Remuneration Act, 1976
CATEGORIES OF LABOUR LEGISLATIONS

Labour legislations on social security


• The Workmen Compensation Act, 1923
• The Maternity Benefit Act, 1961
• The Payment of Gratuity Act, 1972
LEGISLATION ON WORKING CONDITIONS
LEGISLATION ON WORKING CONDITIONS

• The plantation labour Act, 1951


• Working journalist and other news paper employees and
miscellaneous provisions Act, 1955
• The Karnataka shops and commercial establishment Act,
1961
• The motor transport workers Act, 1961
• The Karanataka Industrial Establishment (National an
festival holidays) Act, 1963
• The Beedi and Cigar workers (conditions of employment)
Act, 1966
LEGISLATION ON WORKING CONDITIONS

• Contract labour (regulation and abolition) Act, 1970


• The sales promotions employees (condition of service)
Act, 1976
• The interstate migrant workmen Act, 1979
• The child labour (prohibition and regulation) Act, 1986
LEGISLATION ON WORKING CONDITIONS

Other Labour Laws


• The Employees Provident fund Act, 1952
• The Employees State Insurance Act, 1948
• The Karnataka Labour Welfare Fund Act, 1965
• The labour laws exemption (from furnishing returns and
maintaining registers by certain establishments) Act,
1988, etc.
OTHER SAFETY LEGISLATIONS
APPLICABLE TO INDUSTRIES:

• The Petroleum Act 1934 and Rules 1976


• The Indian Explosives Act, 1884
• The Static and Mobile Pressure Vessels
(Unfired) Rules, 1981;
• Gas Cylinder Rules, 1981;
DEPARTMENT OF FACTORIES & BOILERS
• The Factories Act, 1948
• The Payment of Wages Act, 1936
• The Maternity Benefit Act, 1961
• The Indian Boilers Act, 1923 and rules made there under.
• Child Labour (prohibition and regulation) Act, 1986

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)

> 100 Years Old Legislation :


Last two decades of the 18th century, i.e., 1880, 1890, 1900

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)

Result is that the capitalist hopelessly exploited labourers


These conditions urged the need for a law / legislation to protect
the workers – Result is the Indian Factories Act, 1881 came in to
force.
Much importance was given to abolish child employment by
fixing the minimum age to 7 years
• Applicable for establishment having 100 workers;
• There were no inspecting staff;
Initially, this didn’t serve the purpose for which this has been
designed.
HISTORY OF THE LEGISLATION
(THE FACTORIES ACT, 1948)

This was amended from time to time i.e.,


1891, 1911, 1923, 1926, 1931, 1934
• After the independence, highest concern was given to
design a legislation to our independent India with an
objective of protecting the workers employed in the
factories.
• UK Factories Act, 1937 – that was considered as an
updated legislation to ensure the various aspects of
workmen employed in factories was taken as base.
This was also amended regularly, 1954, 1976, 1986
MAJOR AMENDMENTS WERE CAUSED
DURING 1987
Reasons :
• Bhopal Gas tragedy occurred in 1984 (Early hours of
3.12.1984)
Revealed the weakness in the existing law and demanded the
need to amend the law by incorporating special provisions to
deal with chemical industries and for management of
chemical accidents.
Act was overhauled – 1987 (1.12.1987)
• Many provisions were introduced;
• Penal provisions were revamped
MAJOR AMENDMENTS WERE CAUSED
DURING 1987

• Hazardous process – defined


Hazardous Process means any process or activity in relation
to an industry categorized wherein unless special care is
taken, raw materials used therein or the intermediate
products, bye-products, wastes or effluents would ;
- Causes of material impairment to the health of the persons
engaged in
- Result in general pollution
29 industries have been listed as industries involving
hazardous processes.
THE FIRST SCHEDULE
(See Section 2 (cb))
List of Industries involving Hazardous Processes
List of Industries involving Hazardous Processes

1. Ferrous Metallurgical Industries


2. Non-ferrous Metallurgical Industries
3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power generating industries
6. Pulp and paper (including paper products) industries
7. Fertilizer industry
8. Cement industries
9. Petroleum industries
10. Petrochemical industries
11. Drugs and pharmaceutical industries
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) industries
14. Paints and pigment industries
15. Leather tanning industries
List of Industries involving Hazardous Processes

16. Electro – plating industries


17. Chemical industries
18. Insecticides, fungicides, herbicides and other pesticides industries
19. Synthetic resin and plastics
20. Man-made fibre (cellulosic and non-cellulosic) industry
21. Manufacture and repair of electrical accumulators
22. Glass and ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and fats from vegetable and animal source
26. Manufacture, handling and use of benzene and substances containing benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Dyes and dyestuff including their intermediates
29. Highly flammable liquids and gases
FACTORIES ACT, 1948
• Central legislation enforced by the state government;
• In force since 1.4.1949
• Social legislation
• 120 provisions spread-over under 11 chapters
• Act empowers state to make rules to enlarge the scope and
objectives of the Act.
• Accordingly KFR 1969 is in force since 10.4.1969
• Rules are also amended from time to time
• Extends to the whole of India
• Applicable to the premises, which comes under the
definition “Factory”
FACTORIES ACT, 1948
• Provisions envisaged are based on :
- ILO convention and recommendations
- Constitutional Provisions

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

• Act empowers state Government to appoint persons as


inspectors who possess the prescribed qualifications along
with local limits.
• Act has prescribed the duties and powers of the inspectors
• Deputy commissioner of the District
• Government can notify persons as inspectors - Notification
FOCUSSED AREAS
• Occupiers responsibility
• Inspectors responsibility
• Health
• Safety
• Welfare
• Working hours for adult workers
• Annual leave with wages
• Provisions – strength of workers
• Provisions - Women employment
• Provisions - Child labour
• Dangerous operations
FOCUSSED AREAS
• Notifiable diseases
• Special provisions relating to hazardous processes
• Accidents and dangerous occurrences
• Statutory notices, registers
• Right of workers
• Obligation of workers
• Penalties and procedures
OCCUPIERS RESPONSIBILITY
• Approval of building plan and the machinery layout
• Application of registration and grant of license
• Renewal of factory license
• At a time renewal for 3 years
• Obliged to comply with the applicable provisions of the Act
• Most importantly he is required to ensure SHE management
at the site without any compromise.
RESPONSIBILITIES OF THE MANAGER
Manager is a person appointed by the occupier for the purpose of
the Act.
He is a person responsible to the occupier for working of the
factory for the purpose of the Act.
Specific duties :
• Responsible to maintain all the statute registers
• Responsible for submission of returns, accident reports,
returns, etc.
• Responsible to submit notice regarding working on Sunday,
over time works, etc.
• He is jointly responsible with the occupier in implementing
the applicable provisions of the Act.
DUTIES OF THE INSPECTOR
• He is required to visit the factories which is under the ambit
of the law to check that the applicable provisions are
implemented.
• He is required send a status report in respect of major
accident hazard units
• He is required to investigate the accidents
POWERS OF INSPECTORS
• He has got the power to enter to any premises (with
assistants or experts) which he has got reason to believe it
as a factory
• He can make examinations of the premises, plant and
machinery to secure SHE
• He can direct the occupier to left undisturbed any place till
his enquiries are completed.
• He can seize any records, take copies which is required for
the purpose of enforcement
• He can take measurements, photographs and make such
recordings which are required for enforcement of Law
• He can call for production of any registers or documents
pertaining to his duties from the occupier.
HEALTH
• Cleanliness
• Disposal of waste and effluent
• Dust and fumes
• Over crowding
• Lighting (at the place of work / at the place of movement)
• Drinking water
• Latrine and urinals
• Ventilation and temperature (reasonable condition of
comfort)
SAFETY
• Fencing of machinery (transmission machinery / dangerous
rotating parts)
• Lifting machines/ tackles
• Pressure plant
• Floors, stairs and sumps
• Excessive weights
• Protection of eyes (risk of injury – particle fragments /
risk of injury – exposure to light)
• Precautions in case of fire
• Safety of building and machinery
• Power to prohibit on account of serious hazard, imminent
danger
SAFETY UNDER THE KFR - 1969
• Power presses, centrifugal machine, rubber mills, textile
machines, wood working machines have been declared
as dangerous.
• Tight fitting clothes to the persons employed on machinery
on motion
• Reaction vessels, kettles, oven, driers (325 Lts., capacity),
gas holder (150 Cu.M capacity) – periodical tests and
examinations
• Workers employed on cranes, fork lift, locomotive crane –
periodical eye sight and colour vision examination
• Railway in factories – special provisions are envisaged for
operation in factories – since premises is not covered under
Indian Railway Act, 1890.
SAFETY UNDER THE KFR - 1969
• Rules prescribed restriction in carrying / moving weights at
the work site.
• Rule empowers the inspector to direct the management to
provide PPE’s to the workers depending upon the nature of
the works;
• Rule demands the PPE’s should be of ISI or any other
equivalent standards.
• Rules stipulates that the no motor vehicle shall be driven
more than 16 Km/Hr.
• Rule prescribes the electrical installations shall be
in-conformity with Indian Electricity Act – insists for over
load relay and ELCB.
SAFETY UNDER THE KFR - 1969
• Rules encompasses
1. That no process of work shall be carried on in such a
manner as to cause risk of bodily injury
2. That no equipment, machine are operated as to cause risk
of bodily injury
3. That no equipment or material shall be stocked or stored
in such a manner as to cause risk of bodily injury.
• The maximum sound level to which the workers can be
exposed continuously for 8 hours is 90db.
• No exposure in excess of 115db is permitted
• In case of impact noise no exposure in excess of 140db is
permitted
SAFETY UNDER THE KFR - 1969
• No person shall be allowed to work or pass over on the roof
which is covered with fragile material – provisions of
crawling boards, duck ladders shall be used.
• No person shall be allowed to enter any chamber, tank, vat,
pipe or other confined space in which gas, fumes is present
which is likely to cause danger unless it is made innocuous.
• The portable electric light of voltage not exceeding 24 volts
shall be permitted to use in any chamber, tank, vat, pit, pipe
or other confined space. Flammable material – flameproof
construction shall be permitted to use.
WELFARE
• Washing facilities
• Facilities for sitting
• First aid appliances
• Crèche
• Canteen
• Rest room, shelters, lunch room
• Welfare officers
• First aid trained personnel
• Ambulance room
WORKING HOURS FOR ADULTS
Act regulates the working hours for adult workers employed in
the factories
• Weekly hours / Daily hours;
• Weekly holidays
• Interval for rest
• Extra wages for overtime
• Spreadover – 10½ hours – 12 hours
• Restriction of double employment
• Notice of periods of work – contrary is not allowed
• Power to make exempting orders
• restriction on employment of women
• Register of adult workers
ANNUAL LEAVE WITH WAGES
One day for every twenty days
Eligibility :
• 240 days in a calendar year – his/her service is from
beginning of the calendar year;
• 2/3rd of the calendar year – his/her service begins in the
middle of calendar year
• Issue of leave books
• Maintain registers
• Any discharge / dismissal – benefit shall be settled
immediately.
PROVISIONS IN THE ACT, CORRESPONDING
TO STRENGTH OF THE WORKERS
• Crèche
• Restroom / shelters and lunch room
• Cooled drinking water
• Canteen
• Ambulance room – Doctor, Nurse and Dresser cum
compounder
• Welfare officer
• Lady welfare officer
• Safety officer
• Occupational health centre – Industries – 2(cb)
OHC CONDITIONS

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

FROM 50 TO 200 WORKERS :


• A separate room with 15 Sq.Mtr. Area with all the facilities
as prescribed under rules
• Part time doctor who visit the OHC twice in a week and
whose services are readily available in case of emergencies
• One qualified dresser cum compounder.

MORE THAN 200 WORKERS :


• One full time doctor up to 500 workers and one more for
every 1000
• Equipped OHC of area 15 Sq.Mtr.
• One nurse, dresser cum compounder, sweeper cum wardboy.
FACTORIES ACT – WOMEN WORKERS

• Prohibits the employment of women from 7 pm to 6 am.


• Prohibits overtime work
• Act permits the Government to notify the factories to
employ women workers up to 10pm with conditions
• Government has notified 15 categories of factories under 2
notifications;
FACTORIES ACT – WOMEN WORKERS
• The conditions are
• Written consent
• Free transport upto their residence
• 9 hours of rest after completion of work to the fresh period
of work in the following day
• No overtime work
Act bars employment of women workers from 10 pm to 5 am
totally.
• Act bars employment of women to clean, lubricate any part
of the equipment
• Act bars employment of women workers in hazardous
processes
FACTORIES ACT – CHILD LABOUR
• Bars the employment of persons below the age of 14
• Act permits the employment of child and adolescent to work
in factories subject to condition of obtaining certificate of
fitness from the certifying surgeon.
Child – more than 14 and less 15;
Adolescent – more than 15 and less than 18
• Working hour for child is four and half hour per day
• Double employment of child is prohibited
• Working hours for adolescent is as that of adult.
• Act bears employment of child and young persons on
dangerous machines – power press, hydraulic, presses,
milling machine, guillotine machine
• Act bars employment of child and adolescent on dangerous
manufacturing processes
PROVISIONS RELATING TO HAZARDOUS
PROCESS
• Constitution of site appraisal committee
• Compulsory disclosure of information by the occupier
• Specific responsibility of the occupier in relation to
hazardous process
• Power of central government to appoint inquiry committee
• emergency standards
• Permissible limits of exposure of chemical and toxic
substances
• Workers participation in safety management
• Right of workers to warn about imminent danger
CONSTITUTION OF
SITE APPRAISAL COMMITTEE

• This has been set down to guide the Government to consider


for initial location of industries involving hazardous process
at a site.
• Composition is defined
• Modalities of dealing the issue is defined
• This committee consists of various authorities having
expertise, the said committee is required to visualize pros
and cons from establishing industries and is required give its
opinion within 90 days from the date of receipt of the
application
COMPULSORY DISCLOSURE OF
INFORMATION BY THE OCCUPIER
• Occupier should disclose
• Information of chemical substances, quantity
• Information regarding dangers
• Information regarding health hazards
• Measures to over come dangers and health hazard
to the workers, to the CIF&B and the local Inspector.
HOW TO ACCOMPLISH
• By obtaining or developing MSDS which contains identity
of the materials, physical and chemical properties, fire and
explosion data, reactive hazards, health hazard data, hazard
identification, safe usage data, emergency response data,
• By training, information educating and by strict supervision
HEALTH AND SAFETY POLICY
Occupier should lay down a detailed policy with respect to the
health and safety of the workers employed. The Health and
Safety Policy should show
• The intentions and commitment of the management to
provide SHE
• Organisational set up to bring out the policy effective
• Arrangement for involving the workers
• Intention of taking account of SHE performance in
considering their career advancement
• Fixing responsibility on contractors
• Providing resume of SHE performance in their annual
report
• State intention of integration of SHE in selection of
machineries, selection of personnel, etc., and the
PREPARATION OF ON SITE
EMERGENCY PLAN

An on site emergency plan detailing how


possible emergencies are combated by dove
tailing all the available infrastructures at the
site. This shall be made known to the workers
and the public living in the vicinity. Mock
rehearsals shall be conducted periodically to
assess the strength and weaknesses in the
envisaged plan.
SPECIFIC RESPONSIBILITIES OF
THE OCCUPIER
• Maintain accurate and upto date health records who are
exposed to hazardous process & hazardous chemicals
• Appointment of personnel who possess qualifications and
competency in supervising the works of handling, storing,
of chemicals etc., at the work place.
• Integrating pre-employment and periodical medical
examinations upon the workers who exposed to hazardous
jobs and who are required to handle hazardous chemicals.
• Occupational health centres shall be provided and
maintained to cater to the compliance of periodical and pre-
employment medical examinations.
SPECIFIC RESPONSIBILITIES OF
THE OCCUPIER
• Occupational health centre shall be equipped with all
requirements as envisaged under the rules and shall be kept
in charge of qualified doctor with assistants such as nurse,
compounder and sweeper.
• Ambulance van shall be provided for the purpose of
transportation of serious cases of accidents or sickness.
• Decontamination facilities shall be provided at the site to
meet the emergency. The facilities includes drenching
showers, eye wash bottles filled with distilled water to
remove contamination with hazardous and corrosive
substances.
PERMISSIBLE LIMIT OF EXPOSURE OF
CHEMICAL SUBSTANCES
• Act stipulates the permissible levels of certain chemical
substances at the work environment both in TWA for 8
hours and STEL for 15 minutes.
• 116 chemical substances have been notified under the
second schedule appended to the Act.
WORKERS PARTICIPATION IN SAFETY MANAGEMENT

• Management has to set up a safety committee comprising of


representatives of both management and workers to bridge
cooperation in maintaining proper safety and health at work.
• Composition of the committee is prescribed and the tenure is
also fixed.
• Functions are also defined:
• Committee should deal with all matter of safety, health
and environment and arrive at practicable solution to the
problems encountered
• Undertake educational training and promotional activities
• Discuss on reports of safety, environmental and
occupational surveys, safety audits, risk assessments,
disaster management plans and implement the
recommendations made
WORKERS PARTICIPATION IN SAFETY MANAGEMENT

• Functions are defined


• Investigation in to the accidents and suggests corrective
measures to avoid reoccurrence of the same
• Creating safety awareness amongst the workers
• Helping the management in achieving the aims and
objectives outlined in the safety policy.
POWERS OF CENTRAL GOVERNMENT TO
APPOINT INQUIRY COMMITTEE

The central government in the event of an occurrence


of any extra ordinary situation involving a factory
engaged in hazardous process can appoint a committee
to inquire in to the standards of health and safety
observed in the factory with a view to find out the cause
of any failure or neglect in the adoption of any
measures or standards prescribed for health and safety.
RIGHT OF THE WORKERS TO WARN ABOUT
IMMINENT DANGERS
• If the workers have reasonable apprehension that there is
likelihood of imminent danger to their lives or health due to
any accident, they may bring to the knowledge of the
occupier and manager directly or through their
representative of the safety committee.
• It is the duty of occupier and manager to initiate immediate
necessary action.
• If it is disputed, the matter is required to be referred to the
Inspector, whose decision is final in this matter.
Any compromise on these provisions, the punishment under the
Act is very bitter and costly.
MAINTENANCE OF REGISTERS

• 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

• Requires reporting to the Inspector


• Investigated within one month
• To find out causes
• Any violations requires legal action
DANGEROUS OCCURRENCES
(which does not result in death or bodily injury)

• Bursting of plant or vessel working under pressure


• Collapse of lifting equipment
• Explosion o r fire causing damage
• Collapse of floor, gallery, roof, etc.
DANGEROUS MANUFACTURING PROCESSES
• Manufacture of aerated waters and processes incidental
thereto
• Electrolytic plating or oxidation of metal articles by use of
electrolyte
• Manufacture and repair of electric accumulators
• Glass manufacture
• Grinding or glazing of metals
• Manufacture and treatment of lead and certain compounds of
lead
• Generating petrol gas from petrol
• Cleaning of smoothening, roughening of articles by a jet of
sand, metal shot or grit or other abrasive propelled by blast of
compressed air or steam
DANGEROUS MANUFACTURING PROCESSES
• Liming and tanning of rawhides, skins, and processes incidental
thereto
• Certain lead processes carried on in printing processes and type
foundries
• Manufacture of pottery
• Chemical works
• Manipulation of stone or any other materials containing free
silica
• Handling and processing of asbestos
• Handling of manipulation of corrosive substances
• Compression of oxygen and hydrogen produced by electrolysis
of water
DANGEROUS MANUFACTURING PROCESSES
• Process of extracting oil and fats from vegetable and animal
sources using solvent
• Manufacture or manipulation of manganese
• Manufacture and manipulation of dangerous pesticides
• Manufacture, handling and use of benzene
• Manufacturing process or operations in carbon disulfide plants
• Manufacture or manipulation of carcinogenic dye-intermediate
• Operations involving high noise level
• Manufacture of rayon by viscose process
• Highly inflammable liquids and flammable compressed gases
• Operation in foundries
LIST OF NOTIFIABLE DISEASES
1 Lead poisoning
2 Lead tetra ethyl poisoning
3 Phosphorous poisoning
4 Mercury poisoning
5 Manganese poisoning
6 Arsenic poisoning
7 Poisoning by nitrous fumes
8 Carbon disulfide poisoning
9 Benzene poisoning
10 Chrome ulceration
11 Anthrax
LIST OF NOTIFIABLE DISEASES
13 Poisoning by halogen or halogen derivatives
14 Pathological manifestation due to
• Radium or other radio active substances
• X-rays
15 Primary epitheliomatous cancer
16 Toxic anemia
17 Toxic jaundice due to poisonous substances
18 Oil acne or dermatitis due to mineral oil
19 Byssionosis
20 Asbestosis
21 Occupational or contact dermatitis due to chemical or paints
LIST OF NOTIFIABLE DISEASE
22 Noise induced hearing loss
23 Berlylium poisoning
24 Carbon monoxide poisoning
25 Coal miners pneumoconiosis
26 Phosgene poisoning
27 Occupational cancer
28 Isocyanates poisoning
29 Toxic nephritis
• Any diagnosis reveals about the contractment of any of the
disease shall be immediately intimated by the Factory Manager.
• The said contractment of disease may be enquired by appointing
competent person by the state government.
RIGHT OF WORKERS
Every workers shall have the right to
• Obtain from the occupier, information relating to workers health
and safety at work
• 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 the Chief Inspector
of Factories, where training is imparted on safety, health and
welfare.
• Represent to the Inspector directly or through his representative
in the matter of inadequate provisions for protection of his
health or safety in the factory.
OBLIGATION OF WORKERS
No worker in a factory
• Shall willfully 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.
• Shall willfully and without reasonable cause do any thing likely
to endanger himself or others and
• Shall willfully 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.
If any of the workers employed contravened any of the said
provision, he shall be punishable with imprisonment for a term,
which may extend to one hundred rupees or both.
PENALTY

• No minimum fine is fixed


• Maximum fine fixed is Rs.1,00,000/- or two years imprisonment
or both.
• In case of fatal accident if the contraventions are noticed from
Chapter IV - Rs. 25,000/- minimum
• In case of serious accident Rs. 5,000/-
• Any contraventions under chapter IVA – penal provisions are
very stringent.
CAREFUL EXAMINATIONS OF THE
PROVISIONS OF THE ACT REVEALS THAT
• Act mandates the requirement of high degree of safety and health
awareness at the site which is under the ambit of the definition of
the Act.
• Further it also stipulates welfare measures in addition to
regulation of working hours.
• Act stipulates that the occupier and manager are obliged to
implement the provisions envisaged in the Act to ensure SHE at
the site;
• The main intention of the legislator who have designed this
legislation is to protect the huge community who are exposed to
high degree of risks and hazards at their work place.
• The act not only protect the persons inside the premises in
particular but also the environment in general.
CAREFUL EXAMINATIONS OF THE
PROVISIONS OF THE ACT REVEALS THAT

• Act also provides certain rights and highlights the obligations of


the workers in ensuring safety at the work place.
• The occupier and manager carry vicarious responsibilities.
• Two types of responsibilities
• Vicarious (though he is not directly connected, ultimately they
will be held)
• Absolute
RATE OF ACHIEVEMENT
• Though many legislation are in force
• Not much is accomplished

REASONS

• Scanty respect for the Law


• Misconception - Proposition involves in huge expenditure
• Lack of appreciation of the hazards
• Subject is very bland
• Misconception - accident is the act of God - Can not be prevented
• Laxity in behavioural change
IS IT REQUIRED?

Protected

Market

Competitive

To thrive, industry is required to produce


• High quality of goods
• Goods with less cost
• Many parameters influence this;
• Safe and healthy environment is also one amongst the
parameters.
ACCIDENT
• Unplanned, unexpected event
• Never happens but they are caused
• Unsafe Act and unsafe conditions
• 98% of the accident can be prevented

WHY ACCIDENT SHOULD BE PREVENTED?


• Accidents are proving very costly
• Influence very predominantly on the quality and the cost of
materials manufactured.
ACCIDENT SEQUENCE

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

1. Total No. of Factories registered : 10,300


2. Total No. of beneficiaries : Around 10 Lakhs
3. Industries involving hazardous processes : 800
4. MAH Units : 75
5. Head Office : Bangalore
6. Divisional Offices : 20 Districts
7. Accidents (Fatal) : Average 30 to 50
8. Non-fatal accidents : Average 3500 to 4000
9. No. of enforcing Officers : 30
RIGHT PLANNING,
TEAM WORK &
POSITIVE

You might also like