NATIONAL SEMINAR- 2015

Health, Safety and Welfare Measures for Workers under The Factories Act, 1948

ABSTRACT

The labour and industrial laws are formulated especially to secure the rights of a worker. According to The Factories Act, 1948, certain provisions exist for the benefits of a worker and to save him from certain injuries in his work. The researchers want to study the three main factors affecting a worker are in this research work, which are Health, Safety and Welfare of the workers. Sections 11-19 of the Factories Act, 1948 deals with the various measures to be taken to secure the health of the workers. Those sections forming strict rules in supervision of the Chief Inspector appointed by the Government to be taken care of some of the factors such as cleanliness, disposal of waste and effluents, ventilation and temperature, dust and fume, overcrowding, lighting, drinking water, latrines and urinals and spittoons. Our Indian Government formed certain rules in the same Act from Section 21-41 for the safety of the workers. Such factors are fencing of machinery; work on or near machinery in motion, employment of young person’s on dangerous machine, striking gear and devices for cutting of power, self-acting machines, casing of new machinery, prohibitions of employment of women and children near cotton openers, hoists and lifts, lifting machines, chains, ropes and lifting tackles, revolving machinery, pressure plant, floors, stairs and means of access, pits, sumps, opening in floors, etc., excessive weights, protection to eyes, precautions against dangerous fumes, gases, etc., precautions regarding the use of portable electric light, explosive or inflammable dust, gas, etc., power to require specifications of defective parts or test of liability, safety of building and machinery and maintenance of buildings. Similarly, for the welfare of workers, under the Factories Act, some factors are provided such as washing facilities, facilities for storing and drying clothing, facilities for sitting, canteens, shelters, rest rooms and lunch rooms and creches. Thus, as per our Indian legislation many health, safety and welfare measures are available for workers, but certain facilities are not available to workers, so this topic needs to be discussed broadly.

Key Words: Health, safety, welfare, Factories Act

Statement of Problem:-

In The Factories Act, 1948, for preserving and maintaining health, safety and welfare of workers, such provisions are added but many factories are not implementing it properly and as a result, and their families have to suffer.

Research Questions:-

1) Whether the workers are provided proper safety as per governed by the law?

2) Whether the workers are provided proper protection in their workplace hazards as there are risks to their health and safety?

3) Whether the workers are provided certain facilities of welfare given in The Factories Act, 1948 under Sections 42-50 or not?

What is Labour Welfare?

Labour welfare is an important dimension of industrial relations; labour welfare includes overall welfare facilities designed to take care of well being of employee’s and in order to increase their living standard. It does not generally constitute monetary benefits nor these are provided by employers alone, it can also be provided by government, non government agencies and trade unions. Industrialization, mechanisation and globalisation have increased importance of labour welfare in industries.

The importance of labour in industrialization and economic development has been recognised globally. In global scenario need and importance of labour welfare has been increasingly appreciated.

According to The Factories Act, 19481...

The definition of the term “factory” was widened to cover all industrial establishments employing ten or more workers where power was used and 20 or more workers in all other cases.

Health:- Cleanliness (Section- 11) lays down that every factory shall be kept clean and free

from effluvia arising from any drain, privy or other nuisance. The following precautions shall be taken in particular :i) Accumulation of dirt and refuse shall be removed daily by sweeping or by any

other effective method from the floors and benches of work rooms and from staircases and passages and disposed of in a suitable manner;

ii) The floor of every work-room shall be cleaned atleast once in every week by washing, using disinfectant, where necessary or by some other effective method;

iii) Where a floor is liable to become wet in the course of any manufacturing process to such extent as incapable of being drained, effective means of drainages shall be provided and maintained;

iv) All inside walls, and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases.

Ventilation and temperature (Section- 13) lays down that effective and suitable provision shall be made in every factory for securing and maintaining in every work room—i) Adequate ventilation by the circulation of fresh air, andii) Such a temperature as will secure to workers therein reasonable conditions of

comfort and prevent injury to health. Artificial humidification (Section 15(1)) lays down that in respect to all factories in

which the humidity of air is artificially increased the State Government may make rules—

1 Labour and Industrial laws by S.N. Mishra Central law Publications, 27th edition, 2013

i) Prescribing standards of humidification;ii) Regulating the methods used for artificially increasing the humidity of the air;iii) Directing prescribed tests for determining the humidity of the air to be correctly

carried out and recorded;iv) Prescribing methods to be adopted for securing adequate ventilation and cooling

of the air in the work-room. Overcrowding (Section 16) deals with the general provision relating to

overcrowding. According to sub-section (2) lays down that there shall be in every work room of factory in existence of the date of the commencement of this Act atleast 9.9 cubic metres and of a factory built after the commencement of this Act atleast 14.2 cubic metres of space which is more than 4.2 metres above the level of the floor of the room, for the purpose of this sub-section.

Drinking water (Section 18) deals with the provisions relating to arrangements for drinking water in factories. Sub-section (1) provides that in every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.

Latrines and urinals (Section 19) provides that in every factory—i) Sufficient latrine and urinal accommodation of prescribed type shall be provided

conveniently situated and accessible to workers at all times while they are at the factory;

ii) Separate enclosed accommodation shall be provided for male and female workers;iii) Such accommodation shall be adequately lighted and ventilated, and no latrine or

urinal, shall, unless specially exempted in writing by the Chief Inspector, communicate with any work-room except through an intervening open space or ventilated passage;

iv) All such accommodation shall be maintained in a clean and sanitary condition at all times;

v) Sweepers shall be employed whose primary duty would be to keep clean latrines, urinals and work-places.

Spittoons (Section 20) lays down that in every factory there shall be provided a sufficient number of spittoons in convenient places. They shall be maintained in a clean and hygienic condition.

Safety:- Fencing of machinery (Section 21) lays down that in every factory the following

shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the part of machinery they are fencing are in motion or in use—i) every moving part of a prime mover and every flywheel connected to a prime

mover, whether the prime mover or flywheel is in the engine house or not;ii) headrace and tailrace of every water-wheel and water-turbine;iii) any part of a stock bar which projects beyond the head stock of a lathe; and

iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be is they were securely fenced :-(1) every part of an electric generator, a motor or rotary convertor;(2) every part of transmission machinery; and(3) every dangerous part of any other machinery.

Employment of young person’s on dangerous machine— (Section 23)According to Section 23(1) no young person shall be required or allowed to work at any machine to which this section applies; unless:-i) he has been fully instructed as to the dangers arising in connection with the

machine and the precautions to be observed; andii) has received sufficient training in work at the machine; oriii) is under adequate supervision by a person who has a thorough knowledge and

experience of the machine. Striking gear and devices for cutting of power— (Section 24)

In every factory—i) suitable striking gear on other efficient mechanical appliance shall be provided

and maintained and used to move driving belts to and from part of the transmission machinery, and such gear or appliance shall be so constructed, placed and maintained as to prevent the belt from creeping back on to the fast pulley;

ii) driving belts when not in use shall not be allowed to rest and ride upon shafting in motion.

Self-acting machines— (Section 25)No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in course of his employment or otherwise, be allowed to run on its outward or inward traverse within the distance of forty five centimetres from any fixed structure which is part of the machine. But the Chief Inspector may permit the continued use of a machine installed before the Commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

Casing of new machinery— (Section 26)It provides that in all machinery driven by power and installed in any factory after commencement of this Act—i) every set screw, bolt or key on any revolving shaft, spindle wheel or opinion shall

be so sunk, encased or otherwise effectively guarded as to prevent danger;ii) all spur, worm and other toothed or friction gearing which does not frequent

adjustment when in motion be completely encased unless it is situated as to be as safe as it would be if it were completely encased.

Prohibition of employment of women and children near cotton openers— (Section 27)It lays down that no women or children shall be employed to any part of a factory for pressing cotton in which a cotton opener is at work. But is the feed end of a cotton opener is at a room separated from the delivery end by the partition extending to the

roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed at the side of the partition where the feed end is situated.

Hoists and lifts— (Section 28)According to Section 28, in every factory every hoist and lift shall be—i) of good mechanical construction, sound material and adequate strength;ii) properly maintained, and shall be thoroughly examined by a competent person

atleast once in every period of six months and a register shall be kept containing the prescribed particulars of every such examination.

Lifting machines, chains, ropes and lifting tackles— (Section 29)According to Section 29 in any factory, the following provision shall be complied with in respect of every lifting machine (other than hoist or lift) and every chain, rope and lifting tackle for the purpose of raising and lowering persons, goods and materials:i) all parts including the working gear, whether fixed or immovable of every lifting

machine and every chain, rope or lifting tackle shall be—(a) of good construction sound material and adequate strength and free from

defects;(b) properly maintained; and(c) thoroughly examined by a competent person once in every period of

twelve months, or at such intervals as the Chief Inspector may specify in writing and a register shall be kept containing the prescribed particulars of every such examination;

ii) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded beyond the safe working load which shall be plainly shown thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working load of every kind and size of lifting machine or chain, rope of lifting tackle in use shall be displayed in prominent positions on the premises;

iii) while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six metres of the place.

Pressure Plant— (Section 31)It lays down that if any factory any plant of machinery or any part thereof is operated at a pressure above atmosphere pressure, effective measures shall be taken that the safe working pressure of such plant or machinery or part is not exceeded.

Floors, stairs and means of access— (Section 32)It provides that in every factory—i) all floors, steps, stairs and gangways shall be of sound construction and properly

maintained and shall be kept free from obstructions and substances likely to cause persons to slip and where it is necessary to ensure safety steps, stairs, passage and gangways shall be provided with substantial handrails;

ii) 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;

iii) when any person has to work at a height from where he is likely to fall, provisions shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure safety of the person so working.

Pits, sumps, opening in floors, etc.— (Section 33)It provides that in every factory, every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situations, construction or contents is or may be a source of danger, shall be either securely covered or securely fenced.

Excessive weights— (Section 34)It lays down that no person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.

Protection to eyes— (Section 35)It provides that in respect of any such manufacturing process carried on in any factory as may be prescribed, the State Government may by rules require that effective screens or suitable goggles shall be provided for the persons employed.

Precautions against dangerous fumes, gases, etc.— (Section 36)i) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe,

flue or other confined space in any factory in which any gas, fume, vapour, or dusts is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of a adequate size or other effective means of egress.

ii) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless—(1) a certificate in writing has been given by a competent person, based on a test

carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or

(2) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.

Safety of building and machinery— (Section 40)Under Section 40, if it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measure which in his option shall be adopted and requiring them to be carried out before a specified date.

Welfare:-

Washing facilities (Section- 42)

The importance of washing facilities was emphasized by the Royal Commission in the following words:-

“The provision of suitable washing facilities for all employees is desirable, and here many factories are deficient. The workers who live in crowded areas have inadequate facilities for washing at their homes and bathing facilities would add their comfort, health and efficiency. We recommended that for workers engaged in dirty process, the provision for washing place and water should be made obligatory”.

Canteens (Section- 46)The State Government may, according to Section 46, make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed a canteen or canteens shall be provided and maintain by the occupier for the use of the workers.

Shelters, rest rooms and lunch rooms (Section- 47)Section 47, lays down that in every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers. But any canteen maintained in accordance with the provisions of Section 46 shall be regarded as a part of the requirements of this sub-section, and where a lunch room exists no worker shall eat any food in the work-room.

Creches (Section 48)The Royal Commission stressed upon the desirability of amenity of creches as follows:

“Creches are not uncommon in factories employing women. In many of the factories employing women in substantial number, no creches have been provided. As a result of their absence, infants are taken into the mills and found lying on sacking, in bobbing boxes and other unsuitable places, exposed to the noise and danger of moving machinery and a dust laden atmosphere”.

REFERRED CASE

Union Carbide Corporation Etc ... vs. Union of India Etc. Etc on 3 October, 19912

Judgements:

AC: Bhopal Gas Disaster (Processing of Claims) Act 1985, Sections 3,4,9: Settlement of claims before the apex Court- not affording ‘Fairness hearing’- Non-incorporation of reopener- clause- Whether vitiates the settlement- review of settlements- if set aside by court- whether court has inherent jurisdiction to order restitution of the found to the company review proceeding court would not refuse to afford opportunity to parties on rigid technical grounds- in case funds found inadequate in future- whether Union of India as welfare state to make good the deficiency- whether settlement could be set aside on mere possibility that medical documentation and category were faulty and figures of various kind of injuries and disablement were undependable- Liability of tortfeasor- Award of compensation- To be proportionate to economic superiority of the offender. Constitution of India, 1950: Article 136, 137, 139-A, 142, 145: Inherent jurisdiction under article 136 and 142 to withdraw or transfer and financially dispose of the main suits and pending criminal proceedings in the court of hearing of appeals arising out of interlocutory order since suits whether taken away by Article 139-A- Words ‘Cause or matter’ appearing in Article 142 meaning and scope of apex courts power to quash criminal courts orders recording settlement between parties such agreements if opposed to public policy. Whether void and order of settlement liable to be set aside special leave jurisdiction- Nature and scope of main object to meet ends of justice- Even specific provisions for appeal under the Constitution of other laws not to limit the jurisdiction- ‘Stifling of prosecution doctrine’- Whether attracted where the motive is to drop criminal as also civil proceeding doctrine of restitution- Whether applicable to appeals under Article 136- Conferment of immunity from criminal proceedings- Whether legislative function- Whether amongst to preferential treatment- Settlement determined whether Union of India as welfare State to make good the deficiency. Civil Procedure Code, 1908: order XXIII, rule 3B; Sections 112 and 114: Settlement recorded by court- Principles of natural justice- Persons whose interest affected not made co-nomine parties- order recording settlement not preceded by notice to such persons- Whether renders the proceedings void- Doctrine of restitution- Applicability of Law of Torts: Mass tort action- Court assisted settlement- Non-affording of pre-settlement ‘Fairness Hearing’ and non-incorporate of ‘reopener’ clause in the settlement- Whether vitiate the settlement- Assessment of once and for all damages in personal injury actions- unforeseen but likely future manifestation of the injury- an important factor to be kept in mind. Administrative law: Principles of natural justice- Audi alteram pattern rule- Non-compliance with the rule- of to be viewed in circumstantial flexibility. Practice and procedure: Plea of invalidity based on public policy- Not barred by rule of estoppel. Procedural technicalities- to yield to

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paramount considerations of justice and fairness where matter involves moral and humanitarian considerations.

CONCLUSION:-

The Constitution of India provide detailed provisions for the rights of the citizens and also lays down the Directive Principles of the State Policy which set an aim to which the activities of the state are to be guided. On the basis of these Directive Principles as well as international instruments, government should be committed to regulate all economic activities for management of safety and health risks at workplaces and to provide measures so as to ensure safe and healthy working conditions for every working men and women in the nation. Government should recognize that safety and health of workers has a positive impact on productivity and economic and social development. Prevention is an integral part of economic activities as high safety and health standard at work is as important as goods, business performance for new as well as existing industries.