Health, Safety and Welfare Measures under the Factories Act, 1948
Introduction
The Factories Act, 1948 is one of the most comprehensive pieces of labour legislation in India. It was enacted to regulate the working conditions in factories and to ensure the health, safety, and welfare of workers employed in them. The Act replaced the earlier Factories Act of 1934 and came into force on 1st April, 1949.
The Factories Act, 1948 is based on the recognition that factory workers are exposed to various physical, chemical, and mechanical hazards in their daily work, and that it is the duty of the State and the employer to protect workers from these hazards. The Act gives effect to the Directive Principles of State Policy under Articles 39, 41, and 42 of the Constitution of India, which direct the State to ensure just and humane conditions of work, protection of health, and adequate means of livelihood for workers.
The provisions relating to health, safety, and welfare are contained in Chapters III, IV, and V of the Factories Act, 1948 respectively.
Applicability of the Act
The Factories Act, 1948 applies to:
- Any premises where 10 or more workers are employed with the aid of power
- Any premises where 20 or more workers are employed without the aid of power
- The manufacturing process must be carried on in such premises
Chapter III — Health Measures (Sections 11 to 20)
Health measures under the Factories Act aim to ensure that the physical environment of the factory is clean, safe, and conducive to good health. The following are the main health provisions:
1. Cleanliness (Section 11)
Every factory must be kept clean and free from effluvia (bad smells) arising from any drain, privy, or other nuisance. Specifically:
- Floors must be cleaned at least once a week by washing or other effective means
- Walls, ceilings, and passages must be whitewashed or color-washed at least once in 14 months
- Drainage of floors must be properly maintained
2. Disposal of Wastes and Effluents (Section 12)
Effective arrangements must be made for the disposal of wastes and effluents due to the manufacturing process. This prevents pollution and protects both workers and the surrounding community.
3. Ventilation and Temperature (Section 13)
Adequate ventilation must be provided in every workroom so that workers are not exposed to excessive heat or stuffiness. The temperature must be maintained at a level that is comfortable and not injurious to the health of workers. Methods to keep temperature low include insulating walls and roofs, screening windows from direct sunlight, etc.
4. Dust and Fume Control (Section 14)
Where any manufacturing process produces dust, fumes, or other impurities that are likely to be injurious to health, effective measures must be taken to prevent workers from inhaling them. Exhaust appliances must be fitted as close as possible to the point of origin of the dust or fumes.
5. Artificial Humidification (Section 15)
In factories where the humidity of air is artificially increased, the water used for this purpose must be clean and free from contamination. The State Government can make rules regarding the standards of humidification.
6. Overcrowding (Section 16)
No room in a factory shall be overcrowded to an extent that is injurious to health. Every worker must have at least 14.2 cubic metres (500 cubic feet) of space in the workroom.
7. Lighting (Section 17)
Every part of the factory must have sufficient and suitable lighting, whether natural or artificial. Measures must be taken to prevent glare and the formation of shadows that could cause eye strain or risk of accidents.
8. Drinking Water (Section 18)
Every factory must make adequate arrangements for supplying wholesome drinking water for all workers. The source of drinking water must be at a distance of at least 5 metres from any toilet or urinal. In factories with more than 250 workers, provisions for cooling the drinking water during hot weather must be made.
9. Latrines and Urinals (Section 19)
A sufficient number of latrines and urinals must be provided and maintained in a clean and sanitary condition. Separate toilet facilities must be provided for male and female workers.
10. Spittoons (Section 20)
A sufficient number of spittoons must be provided in convenient places. No person shall spit anywhere in a factory except in the spittoons provided. Violation is punishable with a fine.
Chapter IV — Safety Measures (Sections 21 to 41)
Safety provisions under the Factories Act are designed to protect workers from accidents caused by machinery, equipment, and dangerous processes. The key safety provisions are:
1. Fencing of Machinery (Section 21)
Every moving part of prime mover, every flywheel connected to prime mover, and every dangerous part of any machinery must be securely fenced to prevent workers from coming into contact with them. This is one of the most fundamental safety requirements.
2. Work on or near Machinery in Motion (Section 22)
When it becomes necessary to examine or lubricate machinery while it is in motion, only a specially trained adult male worker wearing tight-fitting clothing can do so. Women and young persons are prohibited from working near moving machinery.
3. Employment of Young Persons on Dangerous Machines (Section 23)
No young person (below 18 years) shall be allowed to work on any dangerous machine unless he has been fully instructed about the dangers and the precautions to be observed.
4. Striking Gear and Devices for Cutting off Power (Section 24)
In every factory, suitable striking gear or other efficient mechanical appliance must be provided to move driving belts and cut off power in case of emergency.
5. Self-Acting Machines (Section 25)
No traversing part of a self-acting machine and no material carried thereon shall be allowed to run on its outward or inward traverse within a distance of 45 centimetres from any fixed structure that is not part of the machine.
6. Prohibition of Employment of Women and Children near Cotton Openers (Section 27)
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work.
7. Hoists and Lifts (Section 28)
Every hoist and lift must be of good mechanical construction and maintained in good repair. It must be examined by a competent person at least once in every six months.
8. Lifting Machines, Chains, Ropes, and Lifting Tackles (Section 29)
All lifting machines, chains, ropes, and tackles must be of good construction and properly maintained. They must be tested and examined by a competent person and must not be loaded beyond their safe working load.
9. Revolving Machinery (Section 30)
Where grinding is carried on, the maximum safe working peripheral speed of every grindstone or abrasive wheel must be posted in a prominent place near the machine.
10. Pressure Plant (Section 31)
If any plant or machinery is operated at a pressure above atmospheric pressure, effective measures must be taken to ensure that safe working pressure is not exceeded.
11. Floors, Stairs, and Means of Access (Section 32)
All floors, steps, stairs, passages, and gangways must be soundly constructed and properly maintained. Handrails must be provided where necessary. Safe means of access must be provided to every place where a worker has to work.
12. Pits, Sumps, Openings in Floors (Section 33)
Every fixed vessel, sump, tank, pit, or opening in the ground or in the floor must be securely covered or securely fenced when not in use.
13. Excessive Weights (Section 34)
No worker shall be required to lift, carry, or move any load so heavy as to be likely to cause him injury. The Government can prescribe maximum weights for different categories of workers.
14. Protection of Eyes (Section 35)
Effective screens or suitable goggles must be provided to protect the eyes of workers from fragments thrown off during any manufacturing process and from excessive light or other radiation.
15. Precautions Against Dangerous Fumes (Section 36)
No person shall be allowed to enter any chamber, tank, vat, pit, pipe, flue, or similar confined space in which dangerous fumes are likely to be present unless it is certified as safe by a competent person.
16. Explosive or Inflammable Dust, Gas, etc. (Section 37)
Where any manufacturing process produces dust, gas, fumes, or vapour of an explosive or inflammable nature, effective measures must be taken to prevent the accumulation of such substances and to prevent any explosion.
17. Fire (Section 38)
Effective measures must be taken to prevent outbreaks of fire and their spread, and to provide means of escape for workers in case of fire. Fire-fighting equipment must be available and workers must be trained in fire safety.
18. Safety Officers (Section 40-B)
In factories with 1000 or more workers, the occupier must appoint a qualified Safety Officer to maintain safety standards and prevent accidents.
Chapter V — Welfare Measures (Sections 42 to 50)
Welfare provisions go beyond basic health and safety to ensure the overall well-being of workers. The key welfare provisions are:
1. Washing Facilities (Section 42)
Adequate and suitable washing facilities must be provided and maintained for the use of workers. Separate facilities must be provided for male and female workers.
2. Facilities for Storing and Drying Clothing (Section 43)
Adequate facilities must be provided for workers to store and dry their clothing not worn during working hours.
3. Facilities for Sitting (Section 44)
Suitable sitting arrangements must be provided for workers who are obliged to work in a standing position, so that they may take advantage of any opportunity for rest during work.
4. First-Aid Appliances (Section 45)
Every factory must maintain a first-aid box with prescribed contents for every 150 workers. A person trained in first aid must be available during working hours. In factories with more than 500 workers, an ambulance room must be provided.
5. Canteens (Section 46)
In any factory where more than 250 workers are ordinarily employed, the State Government may make rules requiring the occupier to provide and maintain a canteen for the use of workers. The canteen must provide wholesome food at subsidized rates.
6. Shelters, Rest Rooms, and Lunch Rooms (Section 47)
In factories with more than 150 workers, adequate and suitable shelters, rest rooms, and lunch rooms must be provided and maintained for the use of workers during intervals and rest periods. These rooms must be furnished with drinking water.
7. Creches (Section 48)
In every factory where more than 30 women workers are ordinarily employed, a creche (nursery for babies and young children) must be provided and maintained for the use of children of women workers below the age of 6 years. The creche must be clean, properly ventilated, and managed by women trained in child care.
8. Welfare Officers (Section 49)
In every factory where 500 or more workers are employed, the occupier must appoint a qualified Welfare Officer to look after the welfare of workers. The Welfare Officer acts as a link between the management and the workers and addresses workers' grievances.
Important Case Laws
1. Bombay Dyeing and Manufacturing Co. v. State of Bombay (1958)
The Supreme Court upheld the constitutional validity of the Factories Act and held that the provisions relating to health, safety, and welfare are reasonable restrictions on the freedom of trade and business, justified in the interest of public welfare.
2. Employers' Association of Northern India v. State of UP
The court held that the welfare provisions of the Factories Act are mandatory and not merely directory. Employers cannot escape their obligations on the ground of financial difficulty.
3. Hindustan Lever Ltd. v. Workmen
The court emphasized that the provisions for first aid, canteens, and creches are not optional facilities but statutory obligations of the employer.
Conclusion
The Factories Act, 1948 is a comprehensive and progressive legislation that recognizes the fundamental principle that workers are human beings, not machines, and that they deserve to work in conditions that protect their health, ensure their safety, and promote their overall welfare. The three-fold framework of health, safety, and welfare provisions under the Act creates a complete system of worker protection. Employers have a legal duty to comply with these provisions, and failure to do so attracts criminal penalties under the Act. The Act reflects the constitutional vision of a welfare state that treats the protection of workers as a national priority and a matter of social justice. Every factory worker in India is entitled to the protections guaranteed under this landmark legislation, and it is the duty of both the State and employers to ensure that these protections are effectively implemented in every workplace.
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