Study on Health and Safety Provisions Relating to Hazardous

Processes under Factories Act, 1948

Submitted to
Prof. Gayathri N M
Faculty of Labour Law-II

Submitted by
M Nikhil Sai
BBA LLB (Hons) Semester VII (2020)
Roll No: 17BBLB026

Date of Submission: 05.10.2020

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TABLE OF CONTENT
page
Introduction 3

Research Questions 3

Research Methodology 4

Mode of Citation 4

Chapter 1:
Health provisions under the Factories Act,1948 5

Chapter 2:
Safety provisions relating to hazardous processes 12

Chapter 3:
Steps taken in factories to avoid spread of Covid-19 15

Conclusion 17

Bibliography 17

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 INTRODUCTION

The workers being the integral part of the factory must be ensured with proper health and
protection must be given while involving in dangerous activities. Health is an important
aspect in every person’s life which needs be taken proper care. Providing of healthy
environment in the factory to workers must be prioritised as they are constantly under the
threat of health hazards and also sound health of the workers means sound output from the
factory. Healthy environment doesn’t only mean disease free but also healthiness in physical,
mental and social aspect as well.
As factory workers are constantly under the danger of health risks, it is essential to pay more
attention on the health of the workers. In order to ensure proper standards of healthy
environment and safety provisions in the factories for the workers, Factories Act, 1948 lays
down certain health and safety measure provisions for the welfare of the workers. Such
measures are provided under Chapter III, IV and V of the Act.

RESEARCH QUESTIONS

To ensure clarity of scope of this work, certain research questions have been framed by the
researcher. This project primarily attempts to answer the following research questions:
1. What are the health provisions under the Factories Act,1948?
2. What are the safety provisions relating to hazardous processes under the Factories
Act, 1948?
3. What are the steps taken in factories to avoid spread of Covid-19?

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 RESEARCH METHODOLOGY

The research undertaken is purely doctrinal research. The researcher had to refer few books
for information and websites and journals were also used to collect the necessary information
needed for the research paper.

METHOD OF CITATION

The citation design that has been uniformly followed in this paper is Blue Book 20th Edition.

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 CHAPTER 1:
HEALTH PROVISIONS UNDER THE FACTORIES ACT,1948

Factories produce several sorts of goods useful to the society. They in call the very best
technology within the process of production, so also new means and methods are introduced
within the factors which produce huge quantities of obnoxious gases and effluents causing
danger to the workers.

The first Factories Act was enacted in 1881 which was replaced by the Act of 1934. The 1934
Act revealed variety of defects and weaknesses which hampered effective administration of
the Act, therefore the Factories Act, 1948 was passed.

The Act is in tune with the spirit of the Constitution of India i.e. article 24, 39(e), 39(f), 42
and 48A.

Health Provisions: - Provisions concerning the health and cleanliness under the Factories Act,
1948 are contained in Chapter III of the Act.

1. Cleanliness: Section 11 of the Act deals with Cleanliness it prescribes certain standard of
cleanliness which each factory has got to maintain. It says that each factory shall be kept
clean and free morpheme effluvia arising from any drain, privy or other nuisance. The duties
especially are as follows:

a) Accumulation of dirt and refuse shall be removed daily by sweeping or by the other
effective method from the floors and benches of workrooms and from staircases and
passages, and disposed of during a suitable manner;

b) the ground of each workroom shall be cleaned a minimum of once in hebdomadally

by washing, using disinfectant, where necessary, or by another effective method;

c) Where a floor is susceptible to become wet within the course of any manufacturing
process to such extent as in capable of being drained, effective means of drainage
shall be provided and maintained;

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 d) All inside walls and partitions, all ceilings or tops of rooms and every one walls,
sides and tops of passages and staircases shall-

i. Where they're painted otherwise than with washable water paint or

varnished, be repainted or varnished a minimum of once in every period of 5
years.

ia. Where they're washable water paint, be repainted with a minimum

of one coat of such paint a minimum of once in every period of three
years and washed a minimum of once in every period of six months.

ii. Where they're painted or varnished por where they need smooth impervious
surfaces, be cleaned a minimum of once in every period of fourteen months by
such method as could also be prescribed

iii. In the other case, be kept white washed or colour washed, and therefore the
white washing or colour washing shall be administered a minimum of once in
every period of fourteen months.

dd) all doors and window frames and other wooden or metallic frame work and
shutters shall be kept painted or varnished and therefore the painting or varnishing
shall be administered a minimum of once in every period of 5 years.

e) The date on which the processes required by clause (d) are administered shall be
entered within the prescribed register.

Section 11(2) lays down, if in sight of the character of the operations administered during a
factory or class or description off factories or any a part of a factory or any class or
description of factories, it's impossible for the occupier to suits all or any of the provisions of
sub section (1), the government may by order exempt such factory or class or description of
factories or part thereof from any of the provisions of that sub-section and specify alternate
methods for keeping the factory during a clean state.

2. Disposal of wastes and effluents: Section 12 of the Act deals with Disposal of wastes and
effluents. It states that effective arrangements must be made in every factory for the treatment
of wastes and effluents thanks to the manufacturing process carried thereon , so on render

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them innocuous. Where the system of a factory is proposed to be connected to the general
public sewer system , prior approval of the arrangements must be obtained from the agency .
just in case of other factories prior approval of the arrangements made for the disposal of
trade-wastes and effluents must be obtained from the Health Officer.

3. Ventilation and temperature: Section 13 of the Act deals with Ventilation and
temperature. It states that effective and suitable provisions must be made in every workroom
for securing and maintaining:

a) Adequate ventilation by circulation of fresh air, and

b) Such temperature as will secure to workers reasonable comfort and stop injury to
their health.

The walls and roofs should be of such type on keep the temperature low. Where the character
of labor carried on within the factory is probably going to supply excessively high
temperatures, practicable measures should be taken to guard the workers by separating such
process from the work-room by insulting hot parts or by other means.

The government may prescribe-

a) Standards of adequate ventilation and reasonable temperature and direct a

thermometer to be maintained as specified.

b) Where excessive high temperatures are often reduced by white-washing, spraying

or insulating and screening outside walls or roofs or windows, or by raising the extent
of the roof or by insulating the roof, such or other methods as shall be adopted within
the factory.

4. Dust and fume: Section 14 of the Act deals with Dust and fume. consistent with Section
14, where dust or fume or impurity of such a nature is given off as a results of the
manufacturing process which is probably going to be injurious or offensive, effective
measures must be taken to stop its inhalation and accumulation during a workroom and if an
exhaust appliance is important for this purpose, it shall be applied very almost the purpose of
origin which must be enclosed.

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An internal combustion engine which is stationary shall not be operated unless the exhaust is
conducted into the outdoors . No combustion engine shall be operated in any rooms unless
effective measures are taken to stop accumulation of fumes which are injurious.

5. Artificial humidification: Section 15 of the Act deals with artificial humidification. It

says that in respect of all factors during which the humidity of the air is artificially increased,
the government may make rules-

a) Prescribing standards of humidification

b) Regulating the methods used for artificially increasing the humidity of the air.

c) Directing prescribed test for determining the humidity of the air to be correctly
administered and recorded

d) Prescribing methods to be adopted for securing adequate ventilation and cooling of

the air within the workrooms.

Section 15(2) states that in any factory during which the humidity of the air is artificially
increased, the water used for the aim shall be taken from a public supply, or other source of
beverage , or shall be effectively purified before it's so used.

Section 15(3) further states that if it appears to an Inspector that the water utilized in a factory
for increasing humidity which is required to be effectively purified under Sub-Section (2)
isn't effectively purified he may serve on the manager of the factory an order in writing,
specifying the measures which in his opinion should be adopted, and requiring that they be
administered before the required date.

6. Overcrowding: Section 16 of the Act deals with overcrowding within the factories.
consistent with it-

(1) No room in any factory shall be overcrowded to an extent injurious to the health of
the workers employed there.

(2) There shall be an every workroom of a factory alive on the date of the
commencement of the Act a minimum of 9.9 cubic meters and of a factory built after

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 the commencement of the Act a minimum of 14.2 cubic meters of space for each
worker employed in it.

(3) If the Chief Inspector by order in writing so requires, there shall be posted in each
workroom of a factory a notice specifying the utmost number of workers who may, in
compliance with the provisions of this section, be used within the room.

(4) The Chief Inspector by order in writing exempt, subject to such conditions, if any,
as he might imagine fit impose, any workroom from the provisions of this section, if
he's satisfied that compliance with it in respect of the space makes no sense within the
interest of the health of the workers employed there.

7. Lighting: Regarding lightning within the factories, section 17 of the Act provides that in
every a part of a factory where workers are working or passing, there shall be provided and
maintained sufficient and suitable lighting, natural or artificial, or both.

Section 17(2) states that in every factory all glazed windows and skylights used for the
lighting of the workrooms shall be kept clean on both the inner and outer surfaces and this is
often subject to the wants of Section 13 on ventilation and temperature.

Section 17(3) states that in every factory effective provision shall, thus far as is practicable,
be made for the prevention of –

a) Glare, either directly from a source of sunshine or by reflection from a smooth or

polished surface;

b) The formation of shadows to such an extent on cause eye-strain or the danger of

accident to any worker.

The government shall prescribe standards of sufficient and suitable lighting for
factories of any class or description of factories or for any manufacturing process.

8. Drinking water: Section 18 provides that a sufficient supply of wholesome beverage must
be provided and maintained at suitable and convenient points which shall be marked
‘drinking water’ within the language understood by a majority of workers.

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No such point shall be within 7.5 meters of any working place, urinal or latrine unless a
shorter distance is approved in writing by the Chief Inspector.

In the factory where quite 250 workers are ordinarily employed, effective arrangements must
be made for cooling beverage during weather , and its distribution.

The government may make rules for securing compliance with above provisions and for
examination of the availability and distribution of beverage in factories.

9. Latrines and Urinals: consistent with section 19, in every factory sufficient and separate
latrines and urinals as prescribed for male and feminine workers must be provided.

The government is empowered to prescribe the amount of latrine and urinals to be provided
in any factory, in proportion to the amount of male and feminine workers employed.

Further these must be adequately lighted and ventilated and no latrine or urinal shall, unless
specially exempted by the Chief Inspector in writing, communicate with any workroom
except, through an intervening open space or ventilated passage.

Such accommodation must be kept during a clean and condition , and sweepers must be used
for keeping latrines, urinals and washing places clean.

In factories where more than250 workers are ordinarily employed-

i) All latrines and urinals accommodation shall be prescribed sanitary types,

ii) The floors and walls up to height of 90 cms of the latrines and urinals and the
sanitary blocks shall be in glazed tiles or otherwise provided with a smooth polished
impervious surface.

iii) The floors, portions of the walls and blocks and sanitary pans of latrines and
urinals shall be thoroughly washed and clean a minimum of once in every 7 days with
suitable detergents or disinfectants or both.

The government may provide for further matters of sanitation including the requirement of
workers during this regard.

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10. Spittoons: Spittoons as prescribed by the government shall be provided at such
convenient places and shall be kept during a clean and a hygienic condition. Section 20
provides that nobody shall spit within the premises of the factory except in Spittoons and a
notice containing this [provision and therefore the penalty for its violation shall be
prominently displayed at suitable places.

Contraventions of this provision are punishable with a fine.1

Bayer (India) Limited and others v. the State of Maharastra, AIR 1995 Bom 290 (India).
In this case, the court held that those industries manufacture chemicals and hazardous
substances. It sometimes causes danger to the life of workers. The judge said that the main
focus of this Act is to protect the life and health of the worker. Anything which causes danger
to the life of a worker then the court has an inherent power to prohibit the activity of the
factory.

Sohan Lal v. the State of Rajasthan, 1962 (1) LLJ 607.

In this case, Section 21(1), Factories Act related to it that the word used prime mover and
flywheels in section 21 must be properly fenced either they are in motion or not. The fencing
must be made of good material and properly fenced that this fenced does not create any
obstruction in the movement because of the safety of the workers.

CHAPTER 2:
1
Myneni, S.R, Labour Law-II (1st ed.). Asia Law House.

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 SAFETY PROVISIONS RELATING TO HAZARDOUS PROCESSES
UNDER THE FACTORIES ACT,1948

The Provisions relating to hazardous processes are dealt under Chapter IV-A of the Factories
Act, 1948.

1. Section 41-A: it requires the state government to appoint a Committee to render advice on
applications for permission to start factory involving hazardous process. The Committee is to
consist of –

a)  Chief Inspector of the State as the Chairman;

b)  A representative of the Central Board for the Prevention and Control of water
pollution;

c)  A representative of the Central Board for the Prevention and Control of air
pollution;

d)  A representative of the State Board appointed under Water (Prevention and

Control of Pollution) Act, 1974;

e)  A representative of the State Board appointed under Air (Prevention and Control
of Pollution) Act, 1981;

f)  A representative of the department of environment in the state;

g)  A representative of the Meteorological department of the Government of India;

h)  An expert in the field of occupational health;

i)  A representative of the town Planning Department of the State Government, and

not more than five other members who may be co-opted by the State government who
shall be-

i. A scientist having specialized knowledge of the hazardous process which will

be involved in the factory’

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 ii. A representative of the local authority within whose jurisdiction the factory is
to be established and

iii. Not more than three other persons as deemed fit by the State Government.

2. Section 41-B: This section demands the occupier of every factory involving hazardous
process to disclose to the chief Inspector, local authorities and local public all information
regarding dangers, health hazards, quantity and characteristics of wastes and disposal
modality the measures to overcome such hazards in the manufacturing, transportation and
storage process.

3. Section 41-C: Specific responsibility of the occupier in relation to hazardous processes:

Every occupier of a factory involving any hazardous process shall-

a)  Maintain accurate and up-to-date health records, or as the case may be, medical
records, of the workers in the factory who are exposed to any chemical, toxics or any
other harmful substances which are manufactured, stored handled or transported or
such records shall be accessible to the workers subject to conditions as may be
prescribed.

b)  Appoint persons who possess qualifications and experience in handling hazardous

substances and are competent to supervise such handling within the factory and to
provide at the workplace all the necessary facilities for protecting the workers in the
manner prescribed.

c)  Provide for medical examination of every worker-

i) Before such worker is assigned to a job involving the handling of, or working with,
a hazardous substance, and
ii) While continuing in such job, and after he has ceased to work in such job, at
intervals not exceeding twelve months, in such manner as may prescribed.

4. Section 41-D: It empowers the central Government to appoint Inquiry Committee in the
event of the occurrence of an extraordinary situation involving a factory engaged in
hazardous process, to inquire into the standards of health and safety observed in the factory in
finding out the causes of any failure or neglect in adopting such standards for the prevention

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of such extraordinary situations. The Committee shall consist of a chairman and two
members. The recommendations of the Committee are advisory in nature.

5. Section 41-E: Under this section, if the Central government is satisfied that no standards of
safety or inadequate standards are prescribed to hazardous process, it may through competent
expert bodies, lay down standards which shall be enforceable as if they have been
incorporated in the rules under the Act.

6. Section 41-G: Section 41-G requires the occupier of the factory involving hazardous
process, unless exempted by the State Government, to set up Safety committee consisting of
equal number of representatives of workers and management to maintain proper safety and
health at work.

7. Section 41-H: If the workers employed in hazardous process have reasonable apprehension
of the likelihood of any imminent danger to their lives or health due to any accident, they
may bring it to the notice of the occupier, manager or any person in charge and to the
Inspector directly or through their safety committee representatives.

On such notice, the occupier, agent or the in-charge shall, if satisfied, take remedial measures
and send report of the action taken to the nearest Inspector.
If the occupier or agent is not satisfied of such imminent danger, the mater shall be referred to
the nearest Inspector whose decision shall be final. 2

CHAPTER 3:
STEPS TAKEN IN FACTORIES TO AVOID SPREAD OF COVID-19

2
Samatina A Fernandes, Health Provisions under the Factories Act, 1948.

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After opening up of factories after Covid-19 lockdowns, the factory workers are noticing
many changes in their safety protocol. Here are the few guidelines recommended by Ministry
of Health and Family Welfare and WHO and other organizations and experts.

1. Enforcing Social distancing in the Factories:

Factory workers are being told to maintain around 6 feet distance from each other in order to
prevent covid-19 virus from spreading. Shifts have been made in order to reduce the number
of factory workers in the factory, only 50% of the staff is allowed to work in a shift.

2. Discouraging the sharing of equipment and supplies:

Factory workers are being told not to share the tools and equipment with other fellow worker
in order to prevent covid-19 virus from spreading. There has been clear instructions given to
workers to not share any items which are physically touched by them.

3. Increase the number of hand washing stations:

The World Health Organization (WHO) issued guidance about the installation of hand-
washing stations in highly trafficked areas. It suggests putting them at the entrances of every
public and private commercial building, for example. Facility authorities should also make
hand-washing an obligatory action before someone goes into a building.

4. Implementing temperature checks and well-being assessments:

Factory workers are first body temperature checked and then let into the factory. Workers
who show high temperature are not allowed to enter in to the factory in order to prevent
covid-19 virus from spreading. This done as a precautionary measure to stop the spread of the
virus.

5. Restricting workplace visits:

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No visitors are allowed inside of the factory other than the factory workers in order to reduce
the physical contact with the people. This done as a precautionary measure to stop the spread
of the virus.

These are the few changes which are implemented in the factories in order to safeguard the
health and safety of the factory workers as well as their families.

CONCLUSION:

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The safety measure and health measure are vital for the workers. In India, the amount of
industries is increasing day today and it had been necessary that we will lookout of the
health of workers. Various factories and industries don't follow any rules and regulation
which causes danger to the lifetime of the worker. Inspector is appointed in order
that every factory does their work properly. The Factory can produce the best outputs or
show great performance only when the workers of the factory are healthy and happy. So
ensure factory worker’s safety and healthy environment the laws must be strictly
followed by the factories.

BIBLIOGRAPHY

TABLE OF BOOKS:
1) Dr. S.R. Myneni, “Labour Law-II”, 1st Edition, 2018

TABLE OF WEBSITES:
1) https://www.legalbites.in
2) http://academia.edu
3) https://www.mohfw.gov.in
4) https://www.lexology.com/library/

TABLE OF LEGISLATIONS:

1) The Factories Act, 1948

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