Health - safety and welfare measures

1. Important Definitions under the Factories Act, 1948

The Act defines various key terms under Section 2, which are essential to understand the scope and application of the Act:

🔹 Section 2(m) – Factory

A “Factory” means any premises:

• Where 10 or more workers are working and a manufacturing process is carried on with power, or
• Where 20 or more workers are working without the aid of power.
  It excludes mines and mobile units of the armed forces.

🔹 Section 2(k) – Manufacturing Process

Includes any process for:

• Making, altering, finishing, packing, oiling, washing, cleaning, etc.
• Pumping oil/water, printing, power generation, etc.

🔹 Section 2(l) – Worker

A “worker” means a person employed (directly or indirectly), with or without remuneration, in any manufacturing process or cleaning any part of machinery or premises used for manufacturing.

🔹 Section 2(n) – Occupier

“Occupier” means the person who has ultimate control over the affairs of the factory (e.g., owner, partner, director, or manager).

🩺 2. Health Measures [Sections 11 to 20]

🔹 Section 11 – Cleanliness

• Every factory shall be kept clean and free from effluvia, dirt, and refuse.
• Floors, walls, and ceilings must be cleaned at specified intervals.

🔹 Section 12 – Disposal of Wastes and Effluents

• Effective arrangements must be made for the treatment of wastes to render them harmless.

🔹 Section 13 – Ventilation and Temperature

• Adequate ventilation and temperature control to secure health and comfort of workers.

🔹 Section 14 – Dust and Fume

• Prevent accumulation/inhalation of dust, fume, and other impurities.

🔹 Section 15 – Artificial Humidification

• Control over artificially increased humidity to meet prescribed standards.

🔹 Section 16 – Overcrowding

• No factory should be overcrowded; minimum cubic space per worker must be ensured.

🔹 Section 17 – Lighting

• Adequate natural and artificial lighting must be provided and maintained.

🔹 Section 18 – Drinking Water

• Wholesome drinking water must be made available at convenient points and clearly marked.

🔹 Section 19 – Latrines and Urinals

• Separate and adequately ventilated sanitary facilities for male and female workers.

🔹 Section 20 – Spittoons

• Sufficient number of spittoons must be provided in convenient locations and maintained in hygienic conditions.

⚙️ 3. Safety Measures [Sections 21 to 41H]

🔹 Section 21 – Fencing of Machinery

• All dangerous machinery parts must be securely fenced.

🔹 Section 22 – Work on or near Machinery in Motion

• Specific precautions required for maintenance work on running machinery.

🔹 Section 23 – Employment of Young Persons on Dangerous Machines

• Prohibited unless properly instructed and supervised.

🔹 Section 24 – Striking Gear and Devices for Cutting Off Power

• Machines must be equipped with devices to disconnect power during emergencies.

🔹 Section 25 – Self-Acting Machines

• Must be placed to avoid accidental contact by workers.

🔹 Section 26 – Casing of New Machinery

• New machines must be encased to prevent accidents from moving parts.

🔹 Section 27 – Prohibition of Employment of Women and Children near Cotton Openers

🔹 Section 28 – Hoists and Lifts

• Periodic examination and proper maintenance is mandatory.

🔹 Section 29 – Lifting Machines, Chains, Ropes, and Lifting Tackles

• Safety-tested and inspected regularly.

🔹 Section 30 – Revolving Machinery

• Speed limit indicators and controls are mandatory.

🔹 Section 31 – Pressure Plant

• Safe operating pressure and maintenance records must be kept.

🔹 Section 32 – Floors, Stairs and Means of Access

• Must be soundly constructed and maintained for safe use.

🔹 Section 33 – Pits, Sumps, and Openings in Floors

• Must be securely covered or fenced.

🔹 Section 34 – Excessive Weights

• Restrictions on manual lifting of heavy loads.

🔹 Section 35 – Protection of Eyes

• Protective goggles must be provided for dangerous operations.

🔹 Section 36 – Precautions Against Dangerous Fumes and Gases

• Adequate ventilation and protective equipment are necessary.

🔹 Section 36A – Precautions Regarding Use of Portable Electric Lights

🔹 Section 37 – Explosive or Inflammable Dust, Gas or Vapour

• Precautionary steps against ignition or explosion.

🔹 Section 38 – Precautions in Case of Fire

• Exit routes, alarms, and fire-fighting equipment required.

🔹 Section 39 – Power to Require Specifications

• Inspector may require plans and specifications to ensure safety.

🔹 Section 40 – Safety of Buildings and Machinery

🔹 Section 40A – Maintenance of Building

• Regular inspection and repairs.

🔹 Section 40B – Safety Officers

• Required in factories with more than 1000 workers or hazardous processes.

🔹 Sections 41 to 41H – Hazardous Processes

• Stringent requirements for handling toxic or dangerous substances.
• Includes disclosure of information, medical examination, and safety committee.

🤝 4. Welfare Measures [Sections 42 to 50]

🔹 Section 42 – Washing Facilities

• Separate and adequate washing facilities for male and female workers.

🔹 Section 43 – Facilities for Storing and Drying Clothing

• Especially for workers exposed to wet processes.

🔹 Section 44 – Facilities for Sitting

• Suitable arrangements for sitting must be provided for workers who are required to work in standing posture.

🔹 Section 45 – First-Aid Appliances

• One first-aid box for every 150 workers, with trained personnel available.

🔹 Section 46 – Canteens

• Compulsory in factories with more than 250 workers.

🔹 Section 47 – Shelters, Restrooms and Lunch Rooms

• Required for factories with more than 150 workers.

🔹 Section 48 – Crèches

• Factories with more than 30 women workers must provide crèche facilities for children under 6 years.

🔹 Section 49 – Welfare Officers

• Required in factories with more than 500 workers.

🔹 Section 50 – Power to Make Rules for Welfare

• State governments can make additional rules for workers’ welfare.

Conclusion

The Factories Act, 1948, through its detailed provisions on health, safety, and welfare, aims to protect workers from industrial hazards and exploitation. It ensures humane working conditions, thereby promoting social justice and industrial peace.

🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.

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