An Overview of

Health , Safety and Welfare Provisions

Under

Mines Act and Factories Act

of Govt. of India

by -

Subhrojyoti Medhi

Dy.SE(E&C),PS8

23/1/2014

INTRODUCTION TO FACTORIES ACT,1948

The act is the principal legislation which governs the health , safety and welfare of workers in factories.

Objective of the act is to ensure adequate safety measures and to promote the health , welfare and other aspects of workers in factories.

The act came in to force in 1948,was amended in 1976 and then in 1987 to incorporate elements of occupational health and safety and prevention and protection of workers employed in hazardous processes.

IMPORTANT DEFINITIONS UNDER FACTORIES ACT

“Factory” is defined as a place in which 10 or more workers using electrical power, or 20 or more workers without the aid of electrical power are working or were working on any day of the preceding twelve months excluding a mine under Mines Act,1952,mobile unit of the armed forces , hotel , restaurant or eating place.

“Worker” means a person employed directly or through a contractor whether for remuneration or not but does not include any member of the armed forces.

“occupier” of a factory means the person who has ultimate control over the affairs of the factory.

“manufacturing process” means any process , amongst others , pumping of oil or any other substance.

ADMINISTARTION OF MINES ACT,1952 AND FACTORIES ACT,1948

Mines Act is administered by Ministry of Labour and Employment through the Directorate General of Mines Safety (DGMS).

DGMS seeks to improve safety and health standards , practices and performance in mines through periodic inspections and development of safety standards.

Factories Act is administered by Ministry of Labour and Employment through its Directorate General of Factory Advice Service & Labour Institutes (DGFASLI) and by the State governments through their factory inspectorates.

Legislations under Factories Act is enforced by Inspector of Factories , Dy.Chief Inspector of Factories who work under the control of Chief Inspector of Factories and overall control of Labour Commissioner.

PROVISIONS AS TO HEALTH

COMMON TO MINES ACT AND FACTORIES ACT

DRINKING WATER

SANITATION

PROVISIONS AS TO HEALTH SPECIFIC TO FACTORIES ACT

CLEANLINESS - Lots of sub sections on methods of ensuring cleanliness of workshop floors ,painting schedules of inside walls , partitions ,ceilings ,doors and window frames . Dates on which these jobs are carried out to be recorded.

DISPOSAL OF WASTES AND AFFLUENTS – Effective arrangements to be made for treatment of wastes and effluents.

VENTILATION AND TEMPERATURE – Adequate ventilation by circulation of fresh air and temperature to be secured for comfort and to prevent injury to health . State government may prescribe a standard of adequate ventilation and reasonable temperature for any factory.

PROVISIONS AS TO HEALTH SPECIFIC TO FACTORIES ACT

DUST AND FUME - In every factory if dust or fume or other impurity of such nature is present in an extent to be injurious to health of workers, effective measures to be taken to prevent its inhalation and accumulation in any workroom.

OVERCROWDING – In every workroom of a factory , there shall be at least 14.2 cubic metres of space for every worker.

LIGHTING – Sufficient and suitable lighting to be maintained;natural,artificial or both. Provides that all glazed windows and skylights of the workroom to be kept clean.

SPITTOONS – Sufficient number of spittoons to be provided in convenient places . No person shall spit except in spittoons and whosoever contravenes shall be punishable with fine not exceeding five rupees.

WELFARE PROVISIONS IN MINES ACT AND FACTORIES ACT

SHELTERS and its standards - Provided in Mines Act for, taking food and rest , where more than 50 persons are employed . Factories Act provides for same but wherein more than 150 workers are employed.

CANTEENS – Both Mines Act and Factories Act state that where more than 250 persons are employed , canteen is to be maintained.

a) Mines Act lays down construction standards of canteens and cleanliness thereof.

b) Also , it has specific rules on provision of staff for canteens, canteen managing committee and prices to be charged.

c) Similar provisions ,as above ,in Factories Act ,is left to the discretion of State govt.

WELFARE PROVISIONS SPECIFIC TO FACTORIES ACT

WASHING FACILITIES

FACILITIES FOR STORING AND DRYING CLOTHING

FACILITIES FOR SITTING – for workers obliged to work in standing position.

CRECHES – where more than fifty women workers are employed in a factory , suitable rooms to be maintained for the use of children under the age of six years of such women.

FIRST AID PROVISIONS UNDER MINES ACT AND FACTORIES ACT

FIRST AID APPLIANCES – Both the Acts state :

a) Readily accessible ,during all working hours , first aid boxes equipped with prescribed contents to be maintained.

b) Each first aid box shall be kept in the charge of a separate responsible person who holds a certificate in first aid treatment recognised by State govt.

Mines Act calls for access to hospitals/dispensaries for workers who may suffer bodily injury or become ill . The same not specifically mentioned in Factories Act.

Factories Act calls for providing an ambulance wherein more than 500 workers are employed.

FIRST AID PROVISIONS UNDER MINES ACT

Chapter VI of Mines Rules exclusively deals with first- aid rules:-

a) Training of persons in first-aid.

b) First-aid qualification - certificate of the standard of St.John’s Ambulance Association(India) is a required to appoint a person to render first-aid.

c) In every mine where more than 150 persons are employed , a first-aid room to be maintained.

d) First- aid room shall be in charge of a medical practitioner , assisted by a nurse and a compounder , qualified in Allopathic system of medicine.

FIRST AID PROVISIONS UNDER MINES ACT

d) First -aid station – to be maintained in every workshop.

e) Mines Rules provides for carrying a first-aid kit by every foreman , electrician and mechanic , while on duty.

f) Medical attention in case of injury – whosoever is reported of an injury shall make arrangements for rendering first-aid , either by calling the medical practitioner or by attending to it himself.

SAFETY PROVISIONS UNDER FACTORIES ACT

Fencing of machinery.

Safeguards for working on or near machinery in motion.

Suitable devices for cutting off power from running machines in emergencies.

Arrangements for locking of device in safe position.

Requirements of lifting machines , chains ,lifting tackles and maintenance thereof.

Sound construction of floors ,stairs , means of access and their proper maintenance.

SAFETY PROVISIONS UNDER FACTORIES ACT

Sumps ,pits etc. to be securely covered or fenced.

Protection of eyes.

Precautions against dangerous fumes , gases etc.

Precautions for use of portable electric light.

Precautions against explosive or inflammable gas.

Precautions in case of fire.

SAFETY PROVISIONS UNDER MINES ACT

Inspector may giving in writing to the owner, agent or manager of a mine , notice of any dangerous practice and that the same is to be remedied.

Prohibition of employment of any person by the Inspector in case the owner , agent or manager fails to comply with safety recommendations.

Notice of accidents to be given by agent or manager.

Power of central govt. to appoint court of inquiry into an accident.

Notice of certain diseases to be sent.

Publication of inquiry reports by central govt.

SPECIAL PROVISIONS UNDER FACTORIES ACT RELATED TO SAFETY

Power of state govt to declare a factory dangerous.

Power of Inspector to prohibit employment if he feels serious health and safety hazards exist.

Notice to be given in case of accidents.

Notice of any dangerous occurrence in the factory.

SPECIAL PROVISIONS UNDER FACTORIES ACT RELATED TO SAFETY

Notice of certain disease , specified in Third Schedule , if is contracted by any worker.

Power of state government to direct enquiry.

Power of Inspector to take samples.

Provision to carry out safety & occupational health surveys , by CHIEF INSPECTOR OR DGFASLI OR DGHS (GOI).

PROVISIONS RELATING TO HAZARDOUS PROCESSES IN FACTORIES ACT

Occupier to disclose health hazards and measures to overcome the same to the workers, Chief Inspector, local authority and general public in vicinity.

Occupier ,at the time of registration , has to intimate of a detailed policy with respect to health and safety.

With approval of Chief Inspector, on-site emergency plan and detailed disaster control measures to be drawn up by the occupier of a factory.

PROVISIONS RELATING TO HAZARDOUS PROCESSES IN FACTORIES ACT

Maintain accurate and up-to-date health record of workers exposed to chemical ,toxic or any other harmful substance.

DGFASLI empowered to lay down emergency standards.

Inclusion of workers in factory safety committee.

Power of central govt. to appoint enquiry committee.

KEY DIFFERENCES BETWEEN PROVISIONS OF MINES AND FACTORIES ACTS

Mines Rules has a chapter on medical examination of persons employed or to be employed in mines which lays down rules for initial , periodical medical examinations , standard and report of medical examination , annual returns etc . Factories Act does not have any similar chapter or provisions.

First schedule of Mines Act contains standard formats of various returns such as Forms B,E,G,H,J,M,O etc . In Factories Act no standard format of return has been specified.

INDUSTRIES IN WHICH FACTORIES ACT BEING APPLIED

Orissa state govt. has applied the act to places manufacturing articles of wood including furniture , rice , oil mills , industries generating power , retreading tyres , building bus or truck body or any other vehicle ,workshops in maintenance and servicing including oiling , greasing , cleaning and washing of automobiles.

State of Tamil Nadu has applied the act to establishments such as woodworking units using power , match works , fireworks , engineering workshops and printing presses.

POWER OF STATE GOVERNMENTS UNDER FACTORIES ACT

The Factories Act empowers state governments to frame rules so that local conditions prevailing are appropriately reflected in the enforcement. Hence , there are rules framed by state governments which need to be taken into consideration , such as :-

a) A.P. Factories Rules,1950

b) Bihar Factories Rules,1950

c) Gujarat Factories Rules,1963

d) West Bengal Factories Rules,1958