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8/2/2019 Facotries Act%2C 1948
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Welcome to the Presentation on
Factories Act, 1948
an overview of
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FACTORIES ACT, 1948
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OBJECTIVES
TO SECURE SAFETY OF THE PERSONS;
TO SECURE HEALTH OF THE PERSONS FROMHAZARDOUS OCCUPATION/PROCESSES;
TO ENSURE PROTECTION FROM HAZARDOUSEQUIPMENT;
TO ENSURE SOUND WORKING ENVIRONMENT;
TO ENSURE WELFARE OF THE PERSONS;
TO PROTECT THE ENVIORNMENT;
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FACTORIES ACT, 1948
Regarded as one of the Noble and a Comprehensive
LabourLegislation which is inforce in our country.
Covers all the aspects relating to workers employed in
factories.
Secures - Safety
Health
Welfare
Regulates - Working Hours
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Ensures - Annual leaves with wages
Provides - Additional protection
from hazardous processes
Additional protection to
women workmen
Prohibition of
employment of children
FACTORIES ACT, 1948
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LABOUR LEGISLATIONS
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LABOUR LEGISLATIONS
Labour : Earning member of either sex
3/4th of the population
Various fields :
Factories
Shops
Establishments
Plantation
Mines, etc.
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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.
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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.
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60 LABOUR LEGISLATIONS
OBJECTIVE - ENSURE PROTECTION TO
LABOURERS
Safety
Health
Working
conditions
Environment Wages
Social
security
Industrial
relations
PROTECTION
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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.
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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
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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
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LEGISLATION ON WORKING CONDITIONS
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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
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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
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LEGISLATION ON WORKING CONDITIONS
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 Labour Laws
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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;
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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.
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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 ofworkmen employed in industries
Employers used to bargain with the employees
Child employment was predominant in factories
Introduction of machines and new processes lead toaccidents and deaths
There was no stipulated timing of work
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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 workersResult 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 didnt serve the purpose for which this has been
designed.
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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 anobjective of protecting the workers employed in the
factories.
UK Factories Act, 1937that was considered as an
updated legislation to ensure the various aspects ofworkmen employed in factories was taken as base.
This was also amended regularly, 1954, 1976, 1986
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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 todeal with chemical industries and for management ofchemical accidents.
Act was overhauled1987 (1.12.1987)
Many provisions were introduced;
Penal provisions were revamped
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MAJOR AMENDMENTS WERE CAUSED
DURING 1987
Hazardous processdefined
Hazardous Process means any process or activity in relationto an industry categorized wherein unless special care is
taken, raw materials used therein or the intermediateproducts, bye-products, wastes or effluents would ;
- Causes of material impairment to the health of the personsengaged in
- Result in general pollution
29 industries have been listed as industries involvinghazardous processes.
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THE FIRST SCHEDULE
(See Section 2 (cb))List of Industries involving Hazardous Processes
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1. Ferrous Metallurgical Industries
2. Non-ferrous Metallurgical Industries3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power generating industries
6. Pulp and paper (including paper products) industries
List of Industries involving Hazardous Processes
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
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List of Industries involving Hazardous Processes
16. Electro plating industries
17. Chemical industries18. 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 accumulators22. 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
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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 andobjectives 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 thedefinition Factory
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FACTORIES ACT, 1948
Provisions envisaged are based on :
- ILO convention and recommendations
- Constitutional Provisions
FundamentalRights
DirectivePrinciples
A CA
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APPLICABILITY
Limited jurisdictionapplies 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 objectiveto secure safety, health and welfare or workmen even thoughthe workers strength is less than the above cited conditions.
1. Training of hides, 2. Electroplating, 3. Manufacturingof specific chemical substances, 4. Manufacturing ofasbestos, 5. Storing and handling of chemical substancesas listed under schedule 1 of MAH (K) Rules, 1994.
BENEFICIARIES (T G )
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BENEFICIARIES (Target Group)
Workers employed in the registered
factories
Worker means a person employed,directly or through any agency(including a contractor) with or withoutthe knowledge of the principalemployer, whether for remuneration or
not in any manufacturing process or inany kind of work incidental to, orconnected with the manufacturing
process
RESPONSIBLE PERSONS
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RESPONSIBLE PERSONS
OCCUPIER AND MANAGER are the responsible personsfor implementation of the provisions envisaged in the Act.
OCCUPIER means the person who has got the ultimatecontrol 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 therespective 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 theoccupier.
INSPECTING STAFF
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INSPECTING STAFF
Act empowers state Government to appoint persons asinspectors who possess the prescribed qualifications alongwith 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
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FOCUSSED AREAS
Occupiers responsibility
Inspectors responsibility Health
Safety
Welfare
Working hours for adult workers
Annual leave with wages
Provisionsstrength of workers
Provisions - Women employment
Provisions - Child labour
Dangerous operations
FOCUSSED AREAS
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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
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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 managementat the site without any compromise.
RESPONSIBILITIES OF THE MANAGER
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RESPONSIBILITIES OF THE MANAGER
Manager is a person appointed by the occupier for the purpose ofthe Act.
He is a person responsible to the occupier for working of thefactory 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 implementingthe applicable provisions of the Act.
DUTIES OF THE INSPECTOR
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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 areimplemented.
He is required send a status report in respect of majoraccident hazard units
He is required to investigate the accidents
POWERS OF INSPECTORS
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POWERS OF INSPECTORS
He has got the power to enter to any premises (with
assistants or experts) which he has got reason to believe itas a factory
He can make examinations of the premises, plant andmachinery to secure SHE
He can direct the occupier to left undisturbed any place tillhis enquiries are completed.
He can seize any records, take copies which is required forthe purpose of enforcement
He can take measurements, photographs and make suchrecordings which are required for enforcement of Law
He can call for production of any registers or documentspertaining to his duties from the occupier.
HEALTH
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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 ofcomfort)
SAFETY
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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 injuryparticle fragments /risk of injuryexposure to light)
Precautions in case of fire
Safety of building and machinery
Power to prohibit on account of serious hazard, imminentdanger
SAFETY UNDER THE KFR 1969
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SAFETY UNDER THE KFR - 1969
Power presses, centrifugal machine, rubber mills, textile
machines, wood working machines have been declaredas dangerous.
Tight fitting clothes to the persons employed on machineryon motion
Reaction vessels, kettles, oven, driers (325 Lts., capacity),gas holder (150 Cu.M capacity)periodical tests andexaminations
Workers employed on cranes, fork lift, locomotive craneperiodical eye sight and colour vision examination
Railway in factoriesspecial provisions are envisaged foroperation in factoriessince premises is not covered underIndian Railway Act, 1890.
SAFETY UNDER THE KFR 1969
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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 PPEs to the workers depending upon the nature ofthe works;
Rule demands the PPEs should be of ISI or any otherequivalent standards.
Rules stipulates that the no motor vehicle shall be drivenmore than 16 Km/Hr.
Rule prescribes the electrical installations shall bein-conformity with Indian Electricity Actinsists for overload relay and ELCB.
SAFETY UNDER THE KFR 1969
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SAFETY UNDER THE KFR - 1969
Rules encompasses
1. That no process of work shall be carried on in such amanner as to cause risk of bodily injury
2. That no equipment, machine are operated as to cause riskof bodily injury
3. That no equipment or material shall be stocked or storedin such a manner as to cause risk of bodily injury.
The maximum sound level to which the workers can beexposed 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 ispermitted
SAFETY UNDER THE KFR 1969
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SAFETY UNDER THE KFR - 1969
No person shall be allowed to work or pass over on the roofwhich is covered with fragile materialprovisions ofcrawling 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 presentwhich is likely to cause danger unless it is made innocuous.
The portable electric light of voltage not exceeding 24 voltsshall be permitted to use in any chamber, tank, vat, pit, pipeor other confined space. Flammable materialflameproofconstruction shall be permitted to use.
WELFARE
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WELFARE
Washing facilities
Facilities for sitting
First aid appliances
Crche
Canteen Rest room, shelters, lunch room
Welfare officers
First aid trained personnel Ambulance room
WORKING HOURS FOR ADULTS
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WORKING HOURS FOR ADULTS
Act regulates the working hours for adult workers employed inthe factories
Weekly hours / Daily hours;
Weekly holidays
Interval for rest
Extra wages for overtime
Spreadover10 hours12 hours
Restriction of double employment
Notice of periods of workcontrary is not allowed
Power to make exempting orders
restriction on employment of women
Register of adult workers
ANNUAL LEAVE WITH WAGES
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ANNUAL LEAVE WITH WAGES
One day for every twenty days
Eligibility : 240 days in a calendar yearhis/her service is from
beginning of the calendar year;
2/3rd of the calendar yearhis/her service begins in the
middle of calendar year Issue of leave books
Maintain registers
Any discharge / dismissalbenefit shall be settledimmediately.
PROVISIONS IN THE ACT CORRESPONDING
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PROVISIONS IN THE ACT, CORRESPONDING
TO STRENGTH OF THE WORKERS
Crche
Restroom / shelters and lunch room
Cooled drinking water
Canteen Ambulance roomDoctor, Nurse and Dresser cum
compounder
Welfare officer
Lady welfare officer
Safety officer
Occupational health centreIndustries2(cb)
OHC CONDITIONS
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OHC CONDITIONS
UPTO 50 WORKERS :
Facilities as per the scale prescribed shall be provided andmaintained
A medical practitioner on retainership basis
He will carryout pre employment and periodical medicalexaminations
Minimum 5 first aid trained personnel shall be present
OHC CONDITIONS
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OHC CONDITIONS
FROM 50 TO 200 WORKERS :
A separate room with 15 Sq.Mtr. Area with all the facilitiesas prescribed under rules
Part time doctor who visit the OHC twice in a week andwhose 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 forevery 1000
Equipped OHC of area 15 Sq.Mtr.
One nurse, dresser cum compounder, sweeper cum wardboy.
FACTORIES ACT WOMEN WORKERS
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FACTORIES ACTWOMEN 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 2notifications;
FACTORIES ACT WOMEN WORKERS
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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 periodof work in the following day
No overtime work
Act bars employment of women workers from 10 pm to 5 amtotally.
Act bars employment of women to clean, lubricate any partof the equipment
Act bars employment of women workers in hazardousprocesses
FACTORIES ACT CHILD LABOUR
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FACTORIES ACT CHILD LABOUR
Bars the employment of persons below the age of 14
Act permits the employment of child and adolescent to workin factories subject to condition of obtaining certificate offitness from the certifying surgeon.
Childmore than 14 and less 15;
Adolescentmore 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 machinespower press, hydraulic, presses,milling machine, guillotine machine
Act bars employment of child and adolescent on dangerousmanufacturin rocesses
PROVISIONS RELATING TO HAZARDOUS
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PROVISIONS RELATING TO HAZARDOUS
PROCESS
Constitution of site appraisal committee
Compulsory disclosure of information by the occupier
Specific responsibility of the occupier in relation tohazardous process
Power of central government to appoint inquiry committee
emergency standards
Permissible limits of exposure of chemical and toxicsubstances
Workers participation in safety management
Right of workers to warn about imminent danger
CONSTITUTION OF
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CONSTITUTION OF
SITE APPRAISAL COMMITTEE
This has been set down to guide the Government to considerfor initial location of industries involving hazardous processat a site.
Composition is defined
Modalities of dealing the issue is defined
This committee consists of various authorities havingexpertise, the said committee is required to visualize pros
and cons from establishing industries and is required give itsopinion within 90 days from the date of receipt of theapplication
COMPULSORY DISCLOSURE OF
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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 identityof the materials, physical and chemical properties, fire andexplosion data, reactive hazards, health hazard data, hazardidentification, safe usage data, emergency response data,
By training, information educating and by strict supervision
HEALTH AND SAFETY POLICY
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HEALTH AND SAFETY POLICYOccupier should lay down a detailed policy with respect to thehealth and safety of the workers employed. The Health andSafety Policy should show
The intentions and commitment of the management toprovide SHE
Organisational set up to bring out the policy effective
Arrangement for involving the workers
Intention of taking account of SHE performance inconsidering their career advancement
Fixing responsibility on contractors
Providing resume of SHE performance in their annualreport
State intention of integration of SHE in selection of
machineries, selection of personnel, etc., and theex ectation from the em lo ees.
PREPARATION OF ON SITE
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PREPARATION OF ON SITE
EMERGENCY PLAN
An on site emergency plan detailing how
possible emergencies are combated by dovetailing all the available infrastructures at thesite. This shall be made known to the workersand the public living in the vicinity. Mock
rehearsals shall be conducted periodically toassess the strength and weaknesses in theenvisaged plan.
SPECIFIC RESPONSIBILITIES OF
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SPECIFIC RESPONSIBILITIES OF
THE OCCUPIER
Maintain accurate and upto date health records who areexposed to hazardous process & hazardous chemicals
Appointment of personnel who possess qualifications andcompetency 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 hazardousjobs and who are required to handle hazardous chemicals.
Occupational health centres shall be provided andmaintained to cater to the compliance of periodical and pre-employment medical examinations.
SPECIFIC RESPONSIBILITIES OF
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SPECIFIC RESPONSIBILITIES OF
THE OCCUPIER
Occupational health centre shall be equipped with allrequirements as envisaged under the rules and shall be keptin charge of qualified doctor with assistants such as nurse,compounder and sweeper.
Ambulance van shall be provided for the purpose oftransportation of serious cases of accidents or sickness.
Decontamination facilities shall be provided at the site tomeet the emergency. The facilities includes drenchingshowers, eye wash bottles filled with distilled water to
remove contamination with hazardous and corrosivesubstances.
PERMISSIBLE LIMIT OF EXPOSURE OF
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PERMISSIBLE LIMIT OF EXPOSURE OF
CHEMICAL SUBSTANCES
Act stipulates the permissible levels of certain chemicalsubstances at the work environment both in TWA for 8hours and STEL for 15 minutes.
116 chemical substances have been notified under thesecond schedule appended to the Act.
WORKERS PARTICIPATION IN SAFETY MANAGEMENT
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Management has to set up a safety committee comprising ofrepresentatives 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 isalso fixed.
Functions are also defined:
Committee should deal with all matter of safety, healthand environment and arrive at practicable solution to theproblems encountered
Undertake educational training and promotional activities
Discuss on reports of safety, environmental andoccupational surveys, safety audits, risk assessments,disaster management plans and implement therecommendations made
WORKERS PARTICIPATION IN SAFETY MANAGEMENT
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Functions are defined
Investigation in to the accidents and suggests correctivemeasures 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
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APPOINT INQUIRY COMMITTEE
The central government in the event of an occurrence ofany extra ordinary situation involving a factoryengaged in hazardous process can appoint a committee
to inquire in to the standards of health and safetyobserved in the factory with a view to find out the causeof any failure or neglect in the adoption of anymeasures or standards prescribed for health and safety.
RIGHT OF THE WORKERS TO WARN ABOUT
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IMMINENT DANGERS
If the workers have reasonable apprehension that there islikelihood of imminent danger to their lives or health due toany accident, they may bring to the knowledge of theoccupier and manager directly or through theirrepresentative of the safety committee.
It is the duty of occupier and manager to initiate immediatenecessary action.
If it is disputed, the matter is required to be referred to theInspector, whose decision is final in this matter.
Any compromise on these provisions, the punishment under theAct is very bitter and costly.
MAINTENANCE OF REGISTERS
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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
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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
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,
AND DISEASES
Accidents
Requires reporting to the Inspector Investigated within one month
To find out causes
Any violations requires legal action
Fatal
Non fatal
DANGEROUS OCCURRENCES
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(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
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Manufacture of aerated waters and processes incidentalthereto
Electrolytic plating or oxidation of metal articles by use ofelectrolyte
Manufacture and repair of electric accumulators
Glass manufacture
Grinding or glazing of metals
Manufacture and treatment of lead and certain compounds oflead
Generating petrol gas from petrol
Cleaning of smoothening, roughening of articles by a jet ofsand, metal shot or grit or other abrasive propelled by blast of
compressed air or steam
DANGEROUS MANUFACTURING PROCESSES
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Liming and tanning of rawhides, skins, and processes incidentalthereto
Certain lead processes carried on in printing processes and typefoundries
Manufacture of pottery
Chemical works
Manipulation of stone or any other materials containing freesilica
Handling and processing of asbestos
Handling of manipulation of corrosive substances
Compression of oxygen and hydrogen produced by electrolysisof water
DANGEROUS MANUFACTURING PROCESSES
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Process of extracting oil and fats from vegetable and animalsources 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
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LIST OF NOTIFIABLE DISEASES
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13 Poisoning by halogen or halogen derivatives
14 Pathological manifestation due to
Radium or other radio active substances
X-rays
15 Primary epitheliomatous cancer16 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
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22 Noise induced hearing loss
23 Berlylium poisoning
24 Carbon monoxide poisoning
25 Coal miners pneumoconiosis
26 Phosgene poisoning27 Occupational cancer
28 Isocyanates poisoning
29 Toxic nephritis
Any diagnosis reveals about the contractment of any of thedisease 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
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Every workers shall have the right to
Obtain from the occupier, information relating to workers healthand safety at work
Get trained within the factory wherever possible, or to gethimself sponsored by the occupier for getting trained at a
training centre or institute, duly approved the Chief Inspectorof Factories, where training is imparted on safety, health andwelfare.
Represent to the Inspector directly or through his representativein the matter of inadequate provisions for protection of his
health or safety in the factory.
OBLIGATION OF WORKERS
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No worker in a factory
Shall willfully interfere with or misuse any appliance,convenience or other thing provided in a factory for thepurposes 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 thehealth or safety of the workers.
If any of the workers employed contravened any of the saidprovision, he shall be punishable with imprisonment for a term,which may extend to one hundred rupees or both.
PENALTY
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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 IVApenal provisions arevery stringent.
CAREFUL EXAMINATIONS OF THE
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PROVISIONS OF THE ACT REVEALS THAT
Act mandates the requirement of high degree of safety and healthawareness at the site which is under the ambit of the definition ofthe Act.
Further it also stipulates welfare measures in addition toregulation of working hours.
Act stipulates that the occupier and manager are obliged toimplement the provisions envisaged in the Act to ensure SHE atthe site;
The main intention of the legislator who have designed thislegislation is to protect the huge community who are exposed tohigh degree of risks and hazards at their work place.
The act not only protect the persons inside the premises inparticular but also the environment in general.
CAREFUL EXAMINATIONS OF THE
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PROVISIONS OF THE ACT REVEALS THAT
Act also provides certain rights and highlights the obligations ofthe 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
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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?
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To thrive, industry is required to produce
High quality of goods
Goods with less cost
Market
Protected
Competitive
Many parameters influence this;
Safe and healthy environment is also one amongst theparameters.
ACCIDENT
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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
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Ask Fault CauseAccident
Injury/
Damage
Unsafe Act
Unsafe Condition
HOW TO ACCOMPLISH?
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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 areresponsible 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 andcompromise.
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 andthey are required to observe and follow safety without any
excuses.
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STATISTICS OF THE STATE
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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 : Bangalore6. 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
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RIGHT PLANNING,
TEAM WORK &POSITIVE
ATTITUDE
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