the factories act%2c 1948 labour laws

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The Factories Act%2c 1948 Labour Laws

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The Factories Act, 1948The Factories ActFactories Act, 1934 revised 1948: scope extended to welfare, health,cleanliness,overtime safe and healthy working conditions in the factories, bodily strain and without fear and danger of accidents. Amended periodically up to 1976. Chemical factories , hazardous and toxic chemicals led to safety and health problems, Bhopal In 1987, Factories (Amendment) Act, 1987 was passed, a memorial to the victims of Bhopal. provides better safeguards in the use and handling of hazardous substance , management for greater safety measures

What is a factory? A premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process. [section 2(m)].

Objective of the ActThe Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupierOccupier:The person who has ultimate control over the affairs of factoryIn case of Government company, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier. [section 2(n)]. certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.

Health Provisions[Sec.11-20]UNDER FACTORIES ACT 1948Cleanliness[sec.11]The working conditions should be clean and safe.Clean the floor at least once a week by washing, or by some effective method.Effective means of drainage shall be provided.White wash every 14 weeksPaint / varnish every 5 years

Disposal of wastes and effluents [sec.12]There should be proper arrangements or disposal of wastes and effluents. State government may make rules prescribed the arrangements to be made under sub sections.

Ventilation & Temperature [sec.13]Proper level of ventilation temperature and humidity must be maintained. Adequate ventilation by circulation of fresh air.Walls and roofs shall be of such materials that reduces the temperature The state government may prescribe a standard of adequate ventilation and reasonable temperature for any factory and records should be maintainedChief inspector will look after all the issues regarding temperature in factory premises.

Dust and fume[sec.14]Effective measures should be taken to prevent inhalation or accumulation of dust & fume. If any exhaust appliance is necessary for, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity.Artificial Humidification[sec.15]Factories in which the humidity of the air is artificially increased(like in textile units), keep it in limits. The water used for artificial humidification to be clean.Overcrowding[Sec.16]14.2 cubic metres space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into account.Notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises.

Lighting[Sec17]Sufficient & suitable lighting in every part of factory. There should natural lighting as far as possible.All glazed windows and skylights used for the lighting of the workroom shall be kept clean.Formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented.

Drinking water[Sec.18]There should be drinking water (wholesome water) Drinking points to be marked as drinking water. They should be at least 6 meters away from wash room/urinal/ latrine/spittoons.If >250 workers are working, then have cool water facility also.

Wash rooms[Sec.19]There should be separate for male and female. Proper cleaning should be there and sweepers shall be employed whose primary duty it would be to keep clean washroomsMore than 250 workers are ordinary employed then factories should be follow as per below:The floors and internal walls should be height of 90cm.and provide a smooth polished impervious surface.

Spittoons[Sec.20]There should be sufficient number of spittoons. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in contravention shall be punishable with fine not exceeding five rupees

Safety of Worker[Sec.21-41]UNDER FACTORIES ACT 1948ObjectivesExplain the need for adopting safety measures in factories.

Describe the safety measures provided for in the Factories Act.

Understand the relationship between safety measures and efficiency of workers.Need for safety measuresRapid industrialization with its complexities in manufacturing process and layout Expansion or modifications in existing factories Lack of safety consciousness on the part of both workers and managementInadequate realization of the financial implications of accidentsHuman failure due to carelessness, ignorance, inadequate skill, and improper supervision have also contributed to accidents, and the consequent need for safety measures.SAFETY MEASURESFencing of Machinery ( sec.21):

In every factory, measures should be taken for secured fencing of machinery. Safeguards of substantial construction must be raised and constantly maintained and kept in position while the parts of machinery (they are fencing) are in motion or in use. Fencing is necessary in respect of

Every moving part of a prime moverHeadrace and tailrace of every water-wheel and water turbineEvery part of an electric generator, a motor or a rotary convertorEvery part of transmission machineryEvery dangerous part of any other machinery.(ii) Work on or near Machinery in Motion (sec. 22) :

Examination of machinery in motion only by a specially trained adult male worker wearing tight fitting clothing.No women or child should be allowed to work.

(iii) Employment of Young Persons on Dangerous Machines (sec. 23): No young person should be allowed to work on dangerous machines (unless he has been trained, and is under supervision).Young person = 14 to 18.

(iv) Striking Gear and Devices for cutting off Power (sec. 24) :

There should be suitable striking gears etc. to switch off the power, so that if there is any emergency, problem can be solved.

driving belts when not in use, shall not be allowed to rest or ride upon shaft in motion.

(v) Self-acting Machine ( sec.25 ) :

Make sure that no person should walk in a space within 45 cm or 18 inches from any fixed structure which is not a part of machine.This is to safeguard the workers from being injured by self acting machines.

(vi) Casing of New Machinery (sec.26) : All machinery driven by power & installed should be so sunk, encased or otherwise effectively guarded as to prevent danger.The State government is authorized to make rules specifying further safeguards to be provided in respect of any dangerous part of any particular machine or class or description of machines in this connection.

(vii) Prohibition of Employment of Women and Children near Cotton openers (sec.27) :

No women or child shall be employed in any part of a factory where pressing a cottonopener is at work. (viii) Hoists and Lifts (sec.28) :

Every hoist and lift should be in good condition, and properly checked.

The maximum load it can carry must be clearly mentioned.

The gates should be locked by interlocking / safe method (it should not open in between).

To be properly examined in every 6 months.

(ix) Lifting Machines, Chains, Ropes and Lifting Tackles (sec.29) :

Cranes & lifting machines, etc. to be of good construction & to be examined once in every 12 month.

Cranes and lifting machines not to be loaded beyond safe working load.

Cranes not to be approach within 6 meters of a place where any person is employed or working.

(x) Revolving Machinery (sec.30) :

Maximum safe speed must be mentioned for each machine.

Speed indicated in notices should not to be exceeded

(xi) Pressure Plant (sec.31) :

There should be safe working pressure on pressure plants.

Effective measures should be taken to ensure that the safe working pressure is not exceeded.

(xii) Floors, Stairs, and Means of Access (sec.32) :

All floors, steps, stairs, passages & gangways should be of sound construction & properly mentioned.

There shall, so far as is reasonably practicable, be provided, and maintained safe means of access to every place at which any person is at any time required to work.

(xiii) Pits, Sumps, openings in floor etc. (sec.33) :

Pits, sumps etc. should be securely covered or fenced.

(xiv) Excessive Weights (sec.34) :

No person should be employed to hold more weight than the person can hold.

(xv) Protection of Eyes ( sec.35) : Provide goggles if workers have to work on something stretching to the eyes.

(xvi) Precautions against Dangerous Fumes and use of Portable Light ( sec.36) :

Prohibited to employ workers in places where dangerous gas / fume is present.Practicable measures should be taken for removal of gas, fume, etc.

According to Sec.36 A, No portable electric light of voltage exceeding twenty four volts shall be permitted in any factory for use inside any confined space. Where the fumes present are likely to be inflammable no lamp or light, other than of flame proof nature, shall be allowed to be used.

(xvii) Explosive or Inflammable Dust, Gas etc. (sec.37) :

Take all measures for safety and to prevent explosion on ignition of gas, fume etc.

(xviii) Precautions in case of fire (sec.38) :

There should be separate exit for cases of fire.

There should be facilities for extinguishing fire.

(xix) Power to require specification of defective parts or tests of stability (sec.39) : In general Sec.39 says about the various roles that have been assigned to the inspector. He may call for details regarding building and machinery

(xx) Safety of Building and Machinery (sec.40) and Maintenance of buildings (sec 40.A) :

In case it appears that any building, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, the manager of the factory may be served an order specifying measures to be adopted as prescribed.

Further, in case it appears that the use of any building, machinery or plant in a factory involves imminent danger to human life or safety, an order may be served prohibiting the use of such building or machinery, until it has been repaired or altered.

(21) Safety Officers (sec 40.B) :

If 1000 or more workers are employed, appoint a separate safety officer.

(22) Power to make rules to supplement the above provisions(Sec.41) :

The State Government may make rules requiring the provision in any factory of such further devices & measures for securing the safety of persons employed therein as it may deem necessary.

Welfare Provision[Sec.42-50]UNDER FACTORIES ACT 1948Washing facilities[Sec.42]There should be washing facilities in every factory for the workersseparate for male and female workers-properly screened.conveniently accessible and shall be kept clean.

Facility for storing and drying of clothing[Sec.43]There should be suitable places for keeping clothing not worn during working hours.There should be facility for drying of wet clothing.

Facilities for sitting[Sec.44]Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing positionIf the worker can do the work by sitting, - there should be sitting arrangement for the worker.

First-aid appliances[Sec.45] There should be at least 1 first aid box for every 150 workers.It should have the prescribed contents.A responsible person should hold a certificate on first aid treatment. An ambulance room should be there if the number of workers is more than 500.

Canteen[sec.46] If the number of workers is more than 250, the govt. may make rules for canteen. The govt. may make rules regarding foodstuff, construction, furniture, equipment of the canteenShelter, rest room, lunch room[Sec.47]When 150 workers are working, there should be rest rooms, lunch room, etc.Such places should be having drinking water facilities etc.Such places should be sufficiently lighted, ventilated and kept in cool and clean conditions.

Creches [Sec.48]If the number of women workers is more than 30, there should be the creches.It should be sufficiently lighted, ventilated & to be under the charge of trained women.

Welfare Officer[Sec.49]If the number of workers is 500 or more, there should be a welfare officer to look after the welfare of the workers.

1.As per the Act, a person who has completed his 15th year of age is a/an: Adolescent Teenager Child Adult2. As per Factories Act, 1948 canteen should be provided in factory where more than _______ workers are employed:100 2506001000

3. A person who has ultimate control over the affairs of the factory under factories act, 1948 is called as OccupierManager Chairman Managing Director4. The space for every worker employed in the Factory after the commencement of Factories Act, 1948 should be ________ Cubic Meters. 9.9 10.2 14.213.2

5.The provision for cooling water during hot weather should be made by the organization if it employees _______ or more employees.200 250 300 1506. Canteen is to be provided if engaging employees more than ______ persons. 250 230 300 275.

7. The Ambulance Room is to be provided if engaging employees more than______ 400 350500 4508. First Aid Boxes is to be provided for ______ of persons125 135 150 160

9. creche is to be provided if ______ or more lady employees are engaged. 25 32 30 4010. An adult worker can work upto ____ hrs. in a day as per factories Act, 1948891012

11.Section 17 of the Factories Act deals with Artificial humidification Disposal of wastes and effluentsOver crowding Lighting12. which of the following provisions do not come under the welfare chapter in the Factories act, 1948?Washing facilitiesDrinking waterFacilities for sittingFirst-aid appliances