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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 persons 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?
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, and
ii) 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
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:-
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
2 indiankanoon.org
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-AWords 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 settlementNon-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
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.