Factory Act And Mines Act

1. Introduction – There has been growth in almost all the sectors including in hazardous processes of mining machinery and building activities. However, the laws pertaining to health and safety of workers at workplaces have remained static. There is an upward swing in the number of accidental deaths and injuries and occupational diseases—but the figures reported are much lower than the actual figures. Specialized manpower and related infrastructure for dealing with health and safety aspects of workers and surrounding populations have not been developed as per the desired requirements.1 2. Factories Act, 1948 – The experience of working of the Factories Act, 1934 had revealed a number of defects and weakness which have hampered effective administration of the Act, and the need for wholesale revision of the act to extend its protective provisions to the large number of smaller industrial establishments was felt. Therefore, the Factories Act, 1948 consolidating and amending the law relating to labor in factories, was passed by the Constituent Assembly on August 28, 1948. The Act received the assent of Governor General of India on 23 September 1948 and came into force on April 1, 1949. The Factories Act, 1948, has been promulgated primarily to provide safety measures and to promote the health and welfare of the workers employed in factories. The object thus brings this Act, within the competence of the Central Legislature to enact. State Governments/Union Territory Administrations have been empowered under certain provisions of this Act, to make rules, to give effect to the objects and the scheme of the Act. Applicability: This Act applies to factories, which qualify the definition of “Factory” under the section 2(m) of the Act or to those industrial establishments, to whom section 85 have been made applicable by the State Government, by notification in the Official Gazette. This applies to any premises wherein 10 or more persons with the aid of power or wherein 20 or more workers without aid of power are/were working on any day in the preceding 12 months, wherein manufacturing process is being carried on. The provisions relating to health for employees working in factories and the manufacturing process addressed by the Factories Act, 1948 – The main focus of Factories Act is towards the Health benefits to the workers. Health Chapter of the Act contains specification from Section 11 to 20. Detailed information of the sections of is provided as under: Section 11: This section basically specifies the issues of cleanliness at the workplace. It is mentioned in the provision that every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. This includes that there should be no accumulation of dirt and refuse and should be removed daily and entire area should be kept clean.

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Accumulation of dirt and refuse should be removed daily by any effective method from the floors of workrooms and from staircases and passages and disposed of in a suitable and efficient manner.

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In case the floor is subject to become wet during the working time, then they should take proper drainage process or steps.

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Clean the worker’s floor every week with proper disinfectant or any other effective method of cleaning.

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Paint or repaint walls, ceilings, and staircases of the factory once in every 5 years.

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Repaint the walls once in every 3 years in case of washable water paints.

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Paint and varnish all doors and window-frames and other wooden or metallic framework and shutters at least once in a period of 5 years.

Section 12: This section specifies on disposal of wastes and effluents. That every factory should make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous and for their disposal. (a) It is necessary for the factories to arrange proper and effective waste treatment and its disposal. (b) The State Government may make rules prescribing the arrangements for the disposal and treatment of waste and effluents. Section 13: This section focuses on ventilation and temperature maintenance at workplace. Every factory should work on proper arrangements for adequate ventilation and circulation of fresh air. Effective and suitable provisions should be made in every factory for securing and maintaining in every workroom proper ventilation by circulation of fresh air. It also involves providing an adequate temperature at the workplace. For this, they should select the material of the walls accordingly. The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories. Lastly, if it appears to the Chief Inspector that excessively high temperature in any factory can be reduced by the adoption of suitable measures, he can order them to use such a method. Section 14: This section details on the proper exhaustion of dust and fume in the Factory. In this it is mentioned that factory which deals on manufacturing process should take care of the proper exhaustion of dust, fume and other impurities from its origin point. If dust and fume release in the manufacturing process of a factory then they should take effective measures to prevent its inhalation and accumulation in the workplace. For this, they should use proper exhaust appliances in the workplace. In any factory, no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air.

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Section 15: This section specifies regarding the artificial humidification in factories. In this the humidity level of air in factories are artificially increased as per the provision prescribed by the State Government. In respect of all factories in which the humidity of the air artificially increases, the State Government may make rules, Firstly, prescribing standards of humidification; Secondly, regulating the methods used for artificially increasing the humidity of the air; directing tests for determining the humidity of the air for correct carrying out and recording. Lastly, prescribing methods for securing adequate ventilation and cooling of the air in the workrooms. 2. In any factory in which the humidity of the air artificially increases, they should purify the water (drinking water) before the supply. Section 16: Overcrowding is also an important issue which is specified in this section. In this it is mentioned that no room in the factory shall be overcrowded to an extent that can be injurious to the health of workers employed herein. Firstly, no room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Secondly, a factory built after the commencement of this Act at least 14.2 cubic meters of space for every worker employed therein, and for the purposes of this subsection, no account shall be taken of any space which is more than 4.2 meters above the level of the floor of the room. If the Chief Inspector by order in writing, may or may not post a notice specifying the maximum number of workers who may be employed in the room. Section 17: Lighting This section states: Firstly, there should be proper lighting in all the places of the factory from where the workers of the factory pass. In every factory, effective provision shall, so far as is practicable, be made for the prevention of glare, either directly from a source of light or by reflection from a smooth or polished surface; the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker. Section 18: This section specifies regarding arrangements for sufficient and pure drinking water for the workers. There are also some specified provisions for suitable point for drinking water supply. As in that drinking water point should not be within 6 meters range of any washing place, urinal, latrine, spittoon, open drainage carrying effluents. In addition to this a factory where there are more than 250 workers provisions for cooling drinking water during hot temperature should be made. Section 19: This section provides details relating to urinals and latrine construction at factories. It mentions that in every factory there should be sufficient accommodation for urinals which

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should be provided at conveniently situated place. It should be kept clean and maintained. There is provision to provide separate urinals for both male and female workers. Section 20: This section specifies regarding proper arrangements of spittoons in the factory. It is mentioned that in every factory there should be sufficient number of spittoons situated at convenient places and should be properly maintained and cleaned and kept in hygienic condition. Section 21: This section specifies that fencing of machinery is necessary. That any moving part of the machinery or machinery that is dangerous in kind should be properly fenced. This section states that the factory should fence the following machinery or substantial construction and maintain them in the right position: (a) every moving part of a prime-mover and every flywheel, whether the prime-mover or flywheel is in the engine-house or not. (b) the headrace and tailrace of every water-wheel and water-turbine. (c) any part of a stock bar which projects beyond the headstock of a lathe. (d) every part of an electric generator, a motor or rotary converter. (e) every part of transmission machinery. (f) every dangerous part of any other machinery. Section 22: Work on or Near Machinery in Motion This section states: (a) Firstly, whenever machinery is in motion and it becomes necessary to do the inspection, lubrication, repairs, etc., the factory should appoint a specially trained expert man, wearing tight-fitting clothes to do the job. Moreover, such worker shall not handle a belt at a moving pulley unless: 1. the belt is not more than fifteen centimeters in width 2. the belt, including the joint and the pulley rim, is in good repair 3. there is reasonable clearance between the pulley and any fixed plant or structure 4. the pulley is normally for the purpose of the drive (b) Secondly, the factory owners should not allow any woman or young person to clean, lubricate or adjust any part of a prime-mover or of any transmission machinery while primemover or transmission machinery is in motion. Section 23: This section prescribes that employment of young person on dangerous machinery is not allowed. In the case where he is been fully instructed in the usage of the machinery and working under the supervision, he might be allowed to work on it. Section 24: This section provides provision of striking gear and devices for cutting off power in case of emergency. Every factory should have special devices for cutting off of power in 4

emergencies from running machinery. Suitable striking gear appliances should be provided and maintained for moving belts.This section states: (a) In every factory, there should be suitable devices for cutting off power in emergencies from running machinery in all the workrooms. In the case of factories which do not belong to this Act have to just do the arrangements in the workroom in which electricity is used to generate power. (b) The factory should provide and maintain suitable striking gear or other efficient mechanical appliance to move driving belts. (c) Driving belts when not in use shall not be allowed to rest. Section 25: This section states that no factory should allow any traversing part of a self-acting machine in any factory to run within a distance of forty-five centimeters from any fixed structure which is not part of the machine. Section 26: In all machinery driven by power and installed in any factory after the commencement of this Act,(a) every set screw, bolt or key on any revolving shaft, spindle, wheel shall be so sunk, encased or otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. Section 27: This section states that the factory should not employ any woman or child in any part of a factory for pressing cotton in which a cotton-opener is at work. Section 28: This section prohibits working of women and children on specific machinery. As per this section women and children should not be appointed for any part of factory working on cotton pressing. Section 32: In this section it has been specified that all floors, stairs, passages and gangways should be properly constructed and maintained, so that there are no chances of slips or fall. Section 34: This section specifies that no person in any factory shall be employed to lift, carry or move any load so heavy that might cause in injury. State Government may specify maximum amount of weight to be carried by workers. Section 35: This section provides specification regarding safety and protection of eyes of workers. It mentions that factory should provide specific goggles or screens to the workers who are involved in manufacturing work that may cause them injury to eyes. Section 36: As per this section it is provided that no worker shall be forced to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby. Section 38: As per this section there should be proper precautionary measures built for fire. There should be safe mean to escape in case of fire, and also necessary equipments and facilities to extinguish fire. 5

Section 45: This section specifies that in every factory there should be proper maintained and well equipped first aid box or cupboard with the prescribed contents. For every 150 workers employed at one time, there shall not be less than 1 first aid box in the factory. Also in case where there are more than 500 workers there should be well maintained ambulance room of prescribed size and containing proper facility. The specific regulations for the health and safety provisions for women employees – 

Women are prohibited from working between 7.00 pm to 6.00 am. There has been a recent amended to allow women to work in night shift in certain sectors including the Special Economic Zone (SEZ), IT sector and Textiles. This is subject to the condition that the employers shall be obligated to provide adequate safeguards in the workplace, equal opportunity, their transportation from the factory premises to the nearest point of their residence.

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Section 22 of the Act prohibits that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, if that would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.

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Section 27 of the Act provides that no woman shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work.

Provisions relating to Offences and Penalties under the Factories Act, 1948 for contravention of laws relating to safety and health of the workers –   

For contravention of the provisions of the Act or Rules- imprisonment upto 2 years or fine upto Rs.1,00,000 or both. Contravention causing death or serious bodily injury - fine not less than Rs.25,000 in case of death and not less than Rs.5000 in case of serious injuries. Continuation of contravention - imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.2

On contravention of Chapter IV pertaining to safety or dangerous operation. Factories Act works with a primary object to protect workers employed in the factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owners or the occupier’s certain obligations to protect works unwary as well as negligent and to secure for them, employment in conditions conducive to their health and safety from accidents. Mines act ,1952Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of the Central Government (Entry 55- Union List- Article 246). • The objective is regulated by the Mines Act, 1952 and the Rules and Regulations framed thereunder which are administered by the Directorate- General of Mines Safety (DGMS), under the Union Ministry of Labour and Employment. The Mines Act, 1952 contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines. According to the Act,the term 'mine' means 2

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"any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes all borings, bore holes, oil wells and accessory crude conditioning plants, shafts, opencast workings, conveyors or aerial ropeways, planes, machinery works, railways, tramways , slidings, workshops, power stations, etc. or any premises connected with mining operations and near or in the mining area". Others laws – 1. 2. 3. 4. 5. 6. 7.

Coal Mines Regulations, 1957. Metalliferous Mines Regulations, 1961. Oil Mines Regulations, 1984. Mines Rules, 1955. Mines Vocational Training Rules, 1966. Mines Rescue Rules, 1985. Mines Creche Rules, 1966. 3

Compliance – The owner, agent or manager of the mine is required to comply with the provisions of health and safety provisions of the Mines Act and the rules framed thereunder, as required under Section 18 of the Mines Act, 1952. Section -18 (1) The owner and agent of every mine shall each be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Act and the regulations, rules, bye-laws and orders made thereunder. (2)The responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such person (other than the manager) whom the owner or agent may appoint for securing compliance with the aforesaid provisions. (3) If the carrying out of any instructions given under sub-section (2) or given otherwise than through the manager under sub-section (3) of section 17, results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provisions concerned. (4) Subject to the provisions of sub-sections (1), (2) and (3), the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and orders made thereunder. (5) In the event of any contravention by any person whosoever of any of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used due diligence to 3

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secure compliance with the provisions and had taken reasonable means to prevent such contravention: (i)the official or officials appointed to perform duties of supervision in respect of the provisions contravened; (ii)the manager of the mine; (iii)the owner and agent of the mine; (iv) the person appointed, if any, to carry out the responsibility under sub-section (2):Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investigation,that he is not prima facie liable. (6) It shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the manager and other officials have been appointed in accordance with the provisions of this Act or that a person to carry the responsibility under sub-section (2) has been appointed. Other provisions related to Health and Safety of Mine workers – 1. 2. 3. 4.

Section 19 - Drinking water. Section 20 - Conservancy. Section 21 - Medical appliances. Section 22 - Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous. 5. Section 22A - Power to prohibit employment in certain cases. 6. Section 23 - Notice to be given of accidents. 7. Section 24 - Power of Government to appoint Court of inquiry in cases of accidents. 8. Section 25 - Notice of certain diseases. 9. Section 26 - Power to direct investigation of causes of disease. 10. Section 27 - Publication of reports.4 Enforceability – DGMS is the enforcement agency which ensures compliance of the stated provisions through inspections by inspecting officers. The health, safety and welfare provisions of Mines Act and Rules are invariably checked during the course of general inspection of the mines. The violations observed during the course of general inspection of the mines. The violations observed during the course of such inspections are being followed up by subsequent follow up inspection. In case of non-compliances, the improvement notices, prohibitory orders etc. are also being issued till it is complied.5 Role and Function of DGMS – 1. Inspection of mines. 2. Investigation into – a) accidents b) dangerous occurrences – emergency response c) complaints & other matters 4 5

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3. a) Grant of : i) statutory permission, exemptions & relaxations - pre-view of project reports & mining plans ii) approval of mine safety equipment, material & appliances b) Interactions for development of safety equipment, material and safe work practices through workshop etc. c) Development of Safety Legislation & Standards d) Safety Information Dissemination. 4. Conduct of examinations for grant of competency certificates. 5. Safety promotion initiatives including - (a) Organisation of – Conference on Safety in Mines National Safety Awards Safety Weeks & Campaigns. (b) Promoting – Safety education and awareness programmes - Workers’ participation in safety management through- Workmen’s inspector Safety committee Tripartite reviews.6 Conclusion – To improve health and safety in mines and factory and ensure that all workers arrive home to their friends and family each day. The aim is to integrate occupational health and safety improvements while supporting innovation and fostering productivity in the sector. The only way we will eliminate workplace injuries, illnesses and fatalities is if we stay on this path of continuous improvement. This is not the endpoint of the process put in place to improve mining and factory health and safety; in fact there is a lot to do. Health and safety is not a static issue, it’s constantly changing as workplaces and technologies evolve and only in partnership can we continue to improve health and safety outcomes.

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