SAFETY

Any worker working in the factory should feel safe while working. A worker may work with
or without machines, but he should work without any fear or tension of meeting with any kind
of accident or injury. For this purpose various rules have been made under this Act. These rules
are relating to fencing of machinery, working on or near machinery in motion, hoists and lifts,
employment of young persons on dangerous machines etc.

A. Fencing Of Machinery And Work On Or Near Machinery In

Motion: [S.21 AND 22]
(a) Dangerous part of machine should be securely fenced by safeguards of substantial
construction.
(b) Examination, while the machinery is in motion shall be done by specially trained adult
male worker, wearing tight fitting clothes.
(c) Name of such person shall be recorded in the register specially maintained for the
purpose.
(d) Handling of any moving pulley should not be allowed to be done unless all the
precautions prescribed under this Act are fully observed.
(e) The State Government has powers to make rules for further precautions relating to any
particular machinery for securing the safety of the workers.
No woman or young person should be allowed to 1. Clean, 2. Lubricate, or 3. Adjust
Any part of machinery while it is in motion or when it would expose them to risk of injury
from the moving machinery or any adjacent machinery.

B. EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS

MACHINES: [S.23]
[S.2(d)] Young person means a person who is either a child or an adolescent.
No young person shall work on a dangerous machine unless he is fully instructed
about the dangers and sufficiently trained to work on such a machine or under the
supervision of knowledgeable and experienced person

C. STRIKING GEAR AND DEVICES FOR CUTTING OFF

POWER: [S.24]
(a) Suitable arrangements should b made for preventing for preventing the moving belt
from creeping from fast pulley to loose pulley on machinery driven by belts.
(b) In case electricity is being used, suitable device should be provided to prevent
accidental starting of the machine.

D. Self-Acting Machines: [S.25]

There should be a clear distance of 45 cms. Between the self-acting machine and the fixed
structure, if any person is likely to pass from there.
E. Casing Of New Machinery: [S.26]
(a) All new driven machinery installed in a factory shall be adequate guarded to prevent
against any danger.
(b) Anybody selling or giving on hire machinery which does not comply with the
provision in thus Act, shall be punishable with imprisonment which may extend to 3
months or with the fine which may extend to Rs. 5,000/- or with both.
(c) The State Government has powers to make rules for further safeguard relating to
dangerous parts of any particular machine or class or description machines.

F. Prohibition Of Employment Of Woman And Children On

Cotton Openers: [S. 27]
[S.2(c)] Child means a person who has not completed his fifteenth year of age.
No woman or child shall be employed for pressing cotton on a cotton opener
unless:
(a) The feed end of the cotton opener is in a separate room away from the delivery end.
(b) The Inspector may allow in writing that they can be employed on the side of the
partition where the feed end is situated.

G. Hoists And Lifts: [S.28]

i. They should be of good construction, sound material and adequate strength.

ii. Examined by a competent person at least once in a six months.
iii. Results should be maintained in a prescribed register.
iv. The maximum safe working load should be indicted.
v. The cage for carrying persons shall have a gate with interlocking arrangement.
vi. Every hoistway and lift shall be constructed in such a way so that no person or
things gets trapped between any part or fixed structure.
vii. Additional requirements provided in this Act shall also be complied with.
viii. The State Government has powers to relax the requirements relating to class or
description of hoists or lift.
Competent person [S-2 (ca)]:
In relation to any provision of this Act, means :
(a) A person or (b) An institution
Recognised as such by the Chief Inspector for the purposes of carrying out :
(b) Tests, (ii) Examinations, and
(iii) inspections.
Required to be done in a factory under the provision of this Act having regard to :
(a) The qualifications and experience of the person and facilities available at his
disposal; or
(b) The qualification and experience of the persons employed in such institution and
facilities available therein,
With the regard to the conduct of such tests, examinations and inspections, and
(c) More than one person or institution can be recognised as a competent person in
relation to a factory.

H. Lifting Machines, Chains, Ropes And Lifting Tackles: [S.29]

Lifting Machine means a crane, crab, winch, teagle, pulley blocks, gin wheel, transporter
or runway.
Lifting Tackles means any chain sling, hook, shackle, swivel, coupling, socket, clamp, tray
or similar appliance, whether fixed or movable, used in connection with the raising or lowering
of person, or loads by use of lifting machines.
(a) They should be of good construction, sound material and adequate strength.
(b) Examined by a competent person once a year.
(c) Results maintains in a prescribed register.
(d) Maximum safe working should be indicated.
(e) The State Government has powers to:
ix. Prescribed further requirements,
(ii) Provide exemption from the provisions.

I. Revolving Machinery: [S.30]

(a) Peripheral speed of every grinding machine or abrasive shall be displayed by a
notice indicating the maximum safe working speed.
(b) Effective measures should be taken to ensure that the maximum safe working speed is
not exceeded.

J. Pressure Plant: [S.31]

(a) Effective measures shall be taken to ensure that the safe working pressure is not
exceeded.
 (b) The State Government has the powers to make rules relating to;
1. Examination
2. Testing
3. Prescribing the other safety measures.
(c) The State Government has the powers to exempt any plant or machinery from any
provisions.

Pressure plants means any plant or machinery which is operated at a pressure

above the atmospheric pressure.

K. Floors, Stairs And Means Of Access: [S.32]

(a) Floors, stairs, passages and gangways shall be of sound construction.
(b) Should be properly maintained.
(c) Should be kept free of obstructions.
(d) When a person has to work at height, safety of such person should be ensured.

L. Pits, Sumps, Opening In Floor, Etc.: [S.33]

(sumps= Pit or well for collecting waters etc. oil reservoir at the bottom of the motor
crank case.)
(a) They should be securely covered or fenced if they are likely to be a source danger
due to its;
i. Depth
ii. Situation
iii. Construction or
iv. Contents.
(b) The State Government has the powers to exempt any factory or class or description
of factories from these provision.

M. Excessive Weights: [S. 34]

(a) No workers shall be asked to;
i. Lift, or
ii. Carry or
iii. Move any load which is likely to cause him a injury.
(b) The State Government has the powers to make rules relating to weights which may
be lifted, carried or moved by;
i. Adult men
ii. Adult women
iii. Adolescent
iv. Children employed in the factories.

N. Protection Of Eyes: [S.35]

In case of any manufacturing process which involves risk or injury to the eyes from;
(a) Particles, or
(b) Fragments thrown of in the process,
 (c) There is risk to the eyes by the reason of exposure to excessive light then
effective screens or suitable goggles should be provided for the protection of
such person and the persons in the vicinity.

O. Precautions Against Dangerous Fumes, Gases etc. [S.36]

No one person shall be asked to enter any confined space such as chamber, tank, vat,
pipe, flue etc. which will involve risk from fumes, gases, etc. unless:
(a) The pace is provided with a manhole or other means of egress (way out), or
(b) Till they are removed.
(c) Space is certified fit by a competent person, or
(d) Suitable breathing apparatus is provided to the person and a belt with a rope is
provided with the other end in the hands of another person outside the confined
space.
Precautions regarding the use of portable electric light: [S. 36A]
(a) No worker should be allowed to use inside any chamber, tank, vat, pit, flue etc. any
portable electric lighting exceeding 24 volts.
(b) If there is likelihood of inflammable, gas, fume, etc. then, light of flameproof
construction should be used.

P. Explosive Or Inflammable Dust, Gas Etc. [S.37]

(a) The manufacturing process produces (a) dust (b) gas, (c) fume or (iv) vapour which is
likely to explode or ignite, all practicable preventive measures should be taken to
prevent it according to the detailed provisions in the Act and the rules.
(b) The State Government has powers to exempt any factor or class or description of
factories from any of the provisions.

Q. Precautions In Case Of fire: [S. 38]

Every factory shall be provided with:
(a) Safe means of escape.
(b) Equipment and facilities for extinguishing fire.
(c) Workers are trained in fire fighting and they are familiar with means of escape.
The chief inspector of factories has powers to suggest additional measures to be taken
depending upon; (i) the nature of work, (ii) construction of factory,(iii) special risk to
the life or safety of workers

R. Powers Relating to Specifications: [S.39]

The Inspector has powers relating to:
(i) Defective parts or tests of stability.
(ii) Safety of building and machinery. [S.40]
(iii) Maintenance of buildings. [S.40A]
The Inspector can ask the employer to conduct tests and carry on repairs relating to
above matters.

S. Safety Officers: [S.40B]

 In every factory:
(a) Where 1000 or more workers are ordinarily employed, or
(b) Where the State Government is of the opinion that any manufacturing process is risky
for the persons employed, then the State Government by a notification in the official
Gazette may declare that a specified number of safety officers be employed.

The duties, qualifications and conditions of service of safety officers shall be such as
may be prescribed by the State Government.

Important: Given above are the broad outlines of the various things mentioned in this
Act. However, with a view to have uniformity detailed rules are provided. The
employer has to ensure that the provisions in this Act as well as the rules are
properly complied with.

13. HAZARDOUS PROCESS

(Secs.41A to 41H and Ss.89,90)

Need for Amendment in this Chapter of the Factories Act:

There has been substaintial modernisation and innovation in the industrial field.
Several chemical industries have come up which deal with hazardous and toxic
substances. This has brought in many problems of industrial safety and occupational
health hazards. It is, therefore, considered necessary that this Act may be
appropriately amended, among other things to provide specifically for the safeguards
to be adopted against use and handling of hazardous substances by the occupiers of
the factories and the laying down of emergency standards and measures. The
amendments also include procedure for identifying of site of hazardous industries to
ensure that hazardous and polluting industries are not set up in areas where they can
cause adverse effects on the general public. Provision is also made for workers
participation in Safety management.

Hazardous process : [S.2 (cb)] means any process or activity in relation to an

industry specified in the first schedule where, unless special care is taken, (i) raw
materials used therein , or (ii) the intermediate or finished products, (iii) bye-products,
(iv) wastes (v) effluents thereof would-
(a) Cause material impairment to the health of the person engaged or connected there
with, or
(b) Result in the pollution of the general environment
PROVIDED that the state Government may by notification in the official gazette,
amend the first schedule by way of addition, omission or variation of any industry
specified in the said schedule.

A. Constitution of Site Appraisal Committees [S.41A]

The State Government has powers to appoint site appraisal committee consisting of:
(a) The Chief Inspector of the State as chairman.
(b) The various representatives and experts from different government departments.
This committee has to advice the state government.
(i) For considering applications for grant of permission for the initial locations of
a factory involving hazardous process or
(ii) For the expansion of any sub factory.

B. Compulsory disclosure of information by the occupier :

[S.41B]
The occupier of every factory having a hazardous process has to disclose in the
prescribes manner :
(a) All information regarding dangers,
(b) Health hazards,
(c) Measures to overcome hazards relating to :
(i) Exposure
(ii) Handling of materials or substance in-
Manufacture
Transportation,
Storage, and
Other process to
(a) The workers employed in the factory.
(b) The chief inspector.
(c) The local authority,
(d) The general public in the vicinity.

C. Specific responsibility of the occupier : [S.41C]

Every occupier of a factory involving hazardous process has the following
responsibilities :
(a) Maintaining accurate and uptodate health records of workers.
(b) Appoint persons who possess qualification and in experience in handling hazardous
substances.
(c) To provide at the working place all the necessary facilities for protecting the
workers in the prescribes manner.
(d) Provide for medical examination of every worker.
D. Power of Central Government to appoint inquiry committee :
[S. 41d]
(a) The Central Government has powers to appoint Inquiry Committee, in the event of
the occurrence of an extra ordinary situation involving a factory involved in a
hazardous process, for finding out the causes of such occurrence.
(b) This committee shall consists of :
(i) A chairman,
(ii) 2 other members.
(c) The recommendation of the committee shall be advisory in nature.

E. Emergency standards : [S. 41E]

(a) The central Government has powers to direct
(i) The direct general factory advice service and labour institutes, or
(ii) Any institution specialised in safety in hazardous processes. To lay down
emergency standards for enforcement of suitable standards for enforcement
of suitable standards in respect of hazardous processes.

F. Permissible limits of exposure of chemical and toxic

substances : [S. 41F]
The maximum permissible threshold limits of exposure of chemicals and toxic
substances in the manufacturing process shall be of the value indicated in the
schedule. For example : acetic acid 10 ppm for 8 hours and 15 ppm for 15 mins
exposure (ppm parts per million)

G. Workers participation in safety management [S.41G]

The occupier of a factory having hazardous process s has to set up a safety
committee having a equal number of a representatives of workers and management
for maintaining proper safety and health at work. The composition, the tenure, rights
and duties of the committee and its members shall be as prescribed.

H. Right of workers to warn about imminent danger : [S.41H]

(a) If the workers have apprehension that there is likelihood a imminent danger to
their lives or health due to accident they may inform.
(i) Occupier, or
(ii) Agent of occupier,
(iii) Manager,
(iv) Any other person in charge of factory or process,
(v) The Inspector.
(b) These persons should take immediate action if there is a danger and send a
report to the nearest inspector.
 (c) If there is no danger, then also they should send the report to the nearest
inspector, whose decision shall be final on the existence of danger.

I. Occupational disease or notifiable disease: [SS 89 & 90]

The term occupational disease is not explained or defined anywhere in this Act.
However occupational disease is a deemed employment injury. If a worker
contracts any of the diseases specified in the third schedule to this Act, it will be
occupational/notifiable disease peculiar to employment it will be called an
occupational disease unless the contrary is proved. This occupational disease shall
be deemed to be employment injury. This schedule gives an employment injury.
This schedule gives an exhaustive list of Notifiable Disease e.g.:
Carbon disulphide poisoning poisoning.
Anthrax.
Silicosis.
Toxic anaemia.
Toxic jaundice due to poisonous substances.
Byssinosis.
Asbestosis.
Noise induces hearing loss etc.
When a person suffers from any such disease, the medical practitioner who
attend son him, shall without delay send a report in writing to the office of chief
inspector of factories in the prescribed form containing the required particulars.