LAWS RELATING TO WORKING CONDITIONS
Factories Act, 1948
This regulates health, safety, welfare and other working conditions of workers in factories and it is enforced by the State Governments through factory inspectorates. The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) functions as a technical arm of the Ministry for coordinating with the State Governments. DGFASLI conducts training, studies and surveys relating to safety and health of workers through the Central Labour Institute in Mumbai and other Regional Labour Institutes. The Act is applicable to all factories including government factories using power and employing 10 or more workers and 20 in the case of factories not using power on any day of the preceding 12 months.
Some of the provisions under the Act include the following grouped under the chapters stated below
- Compulsory approval, licensing and registration of factories – The occupier shall notify the Factory Inspectorate at least 15 days before the commencement of operations in the premises providing information such as location, nature of operation, number of workers employed, rated horsepower installed or to be installed.
- Health measures – Every factory- shall be kept clean and free from effluvia arising from any drain, privy or other nuisance and in particular accumulations of dirt – Shall arrange for waste treatment and effluents generated during manufacturing, provide adequate ventilation, lighting and optimum temperature to provide reasonable condition of comfort -Shall prevent overcrowding and provide facility for wholesome drinking water.
- Safety measures – Every dangerous part of any machinery shall be securely fenced and constantly maintained. No person shall be allowed to work at any dangerous machine without proper training or full instruction regarding potential dangers and precautions required. Every hoist and lift shall be of good mechanical construction, sound material and adequate strength, properly maintained, and thoroughly examined by a competent person in prescribed intervals.
- Welfare measures- Provision shall be made for РSeparate and adequate washing facilities for male and female workmen. Facilities for sitting for workers obliged for work normally in standing position. First Aid-box, one for every 150 workmen, under charge of a trained person. Ambulance room for factory ordinarily employing more than 500 workmen. Suitable and adequate Rest Shelter or a Rest room and Lunch room to be provided in factories ordinarily employing more than 150 workers. However, the provision shall not be required, if canteen according to sec 46 has been provided. Canteen at factories employing 250 workers or more, cr̬che of prescribed standards at factories employing 30 or more women. Factory ordinarily employing 500 or more workers, are required to appoint a Welfare officer, whose duties, qualifications and conditions of service are prescribed under the State Factory Rules.
- Working hours – not more than 48 hours in any week and not more than nine hours in a day. For working hours beyond the prescribed limit, the overtime work will be entitled to twice ordinary wage and allowance. A compulsory rest of at least half an hour between each period of work and such period of work shall not exceed five hours. Compensatory holiday in lieu of weekly holidays deprived and such compensatory holiday must be given within the same month or two months following the month when the weekly holiday was missed.
- Annual leave provision – One day leave for every 20 days of work for an adult worker one day for every 15 days of work in the case of child worker. To be entitled for this the worker should have worked for a period of 240 days or more during the previous calendar year. Maternity leave for women not exceeding 12 weeks.
- Employment of women and young persons – No woman worker shall be required to work at night but this is not applicable to persons holding position of Management or supervision or who are employed in confidential positions in a factory as may be defined by the State Government. No child below 14 years shall be employed in factories.
A child who is over 14 years of age, in order to work in factory must be certified to be fit for work in a factory by a Certifying Surgeon. The certificate is valid for one year and is to be kept in the custody of the manager and the child or the adolescent has to carry with him while at work, a token giving reference to such certificate. Such child workers must not work for more than four and half hours on any day and during night. The period of work is also not to be spread over more than two shifts of five hours each. Every child worker is to be compulsorily allowed a weekly holiday.
- Accident and occupational diseases – the manager of the factory shall send notice to prescribed authorities within the prescribed time limit in the event of an accident that causes death or injury preventing a person from working for a period of 48 hours or more immediately following the accident. Likewise if any worker in a factory contacts any disease specified in the third schedule the manager of the factory shall send a notice, not later than 4 hours to the prescribed authority.
- Dangerous operations – A Site Appraisal Committee considers applications for grant of permission for the initial location of a factory, involving hazardous process or an expansion of any such factory. Disclose information regarding dangers, including health hazards and measures to overcome such hazards arising out of hazardous substances, to the Chief Inspector of Factories, local authority and the general public in the vicinity. Prepare health and safety policy, emergency plan etc. The occupier must maintain accurate and updated medical record of the workers, appoint qualified, experienced and competent supervisors to supervise handling of hazardous substances. Pre-employment and post-employment medical examination of workers, at regular intervals.
- Obligations and rights of employees- No worker shall willfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the workers or willfully and without reasonable cause do any thing likely to endanger himself or others, or neglect to make use of any appliance or other things provided in the factory for the purposes of securing the health or safety of the workers therein. Contravention will entail imprisonment up to 3 months or fine or both.
