FACULTY OF LAW

JAMIA MILLIA ISLAMIA

Labour LAW

safety provisions under factories act, 1948

SUBMITTED TO: SUBMITTED

BY:
Dr. mohd khalid Amit rawlani
B.A.LL.B (HONS.)
REGULAR 3RD YEAR
 ACKNOWLEGDEMENT

The success and final outcome of this assignment required a lot of guidance and assistance
from many people and I am extremely privileged to have got this all along the completion of
my assignment. All that I have done is only due to such supervision and assistance and I
would not forget to thank them.

I respect and thank, Dr. Mohd Khalid for providing me an opportunity to do the project
work on the topic “safety provisions under factories act, 1948”. Working upon the topic I
acquired a great deal of understanding and clarity of thought over this aspect of LABOUR
LAW. Provided all support and guidance without which this assignment could not be duly
concluded. I am extremely thankful to him for providing such a nice support and guidance.

I’d also like to thank my parents for their constant support and co-operation through this and
all phases of my life
 INTRODUCTION

Factories Act, 1948 is an act to consolidate and amend the law regulating labour in factories.
The main objective of the Act is to ensure adequate safety measures but also to promote
health and welfare of the workers employed in factories as well as to prevent haphazard
growth of factories. A large number of labour legislations have been enacted to promote the
condition of labour, keeping in view the development of industry and national economy. But
for industrial regeneration it is necessary that the partners of industry must cure their
respective defects. Since independence, a lot has been done by legislation and public opinion
to improve the conditions of workers but unfortunately the employers have not responded
appreciably. It is high time that employers must realize that it is their duty as a citizen of a
democratic country to forego their acquisitive tendencies of the past and set a new
standardized future of country.

            At the same time it is the duty of the workers to realize their responsibility in
improving the work efficiency and help in stepping up production resulting in greater profits,
and prosperity of the industry to be ultimately shared by the managements, workers and
community at large. The employers should concede to the worker’s demand of representation
in the control of industrial system. Workers are the dominant partners in the industrial
undertaking and without their cooperation and good work, discipline, integrity and character;
the industry will not be able to produce effective results or profits. However efficient the
machine touch in the industry may be, if the human element refuses to cooperate, the industry
is bound to fail in the long run.

Chapter IV of the Factories Act, 1948 contains the provisions which ensure the safety of
workers in a factory. This Act provides elaborate provisions to safeguard the health and life
of the workers working with the machines. The Act had been significantly amended in 1976
and 1987 and the provisions dealing with safety have been made more effective and
appropriate. These provisions or measures are discussed in later pages.
 Need and Importance of safety measure

Safety measures result in improving the conditions under which workers are employed and
work. It improves not only their physical efficiency, but also provides protection to their life
and limb. Inadequate provision of safety measures in factories may lead to increase in the
number of accidents. Human failure due to carelessness, ignorance, inadequate skill, and
improper supervision have also contributed to accidents, and the consequent need for safety
measures. Other factors giving rise to the need for safety measures are:

 rapid industrialization with its complexities in manufacturing process and layout;

 expansion or modifications in existing factories;
 setting up of new industries involving hazards not known earlier;
 lack of safety consciousness on the part of both workers and management;
 inadequate realization of the financial implications of accidents.

SAFETY MEASURES UNDER FACTORIES ACT, 1948

There are various measures under Factories Act 1948 which are taken by factories for health,
safety and welfare of their workers. Chapter IV of the Act contains provisions relating to
safety. These are discussed below:

(i) Fencing of machinery

Fencing of machinery in use or in motion is obligatory under Section 21. This Section
requires that following types of machinery or their parts, while in use or in motion, shall be
securely fenced by safeguards of substantial construction and shall be constantly maintained
and kept in position, while the parts of machinery they are fencing are in motion or in use.
Such types of machinery or their parts are:

1. every moving parts of a prime-mover and flywheel connected to a prime-mover. It is

immaterial whether the prime-mover or fly-wheel is in the engine house or not;

2. head-race and tail-race of water wheel and water turbine;

3. any part of stock-bar which projects beyond the head stock of a lathe;
 4. every part of an electric generator, a motor or rotary converter or transmission
machinery unless they are in the safe position;

5. every dangerous part of any other machinery unless they are in safe position.

(ii) Safety measures in case of work on or near machinery in motion

Section 22 lays down the procedure for carrying out examination of any part while it is in
motion or as a result of such examination to carry out the operations mentioned under clause
(i) or (ii) of the proviso to Section 21(1). Such examination or operation shall be carried out
only by specially trained adult male worker wearing tight fitting clothing (which shall be
supplied by the occupier) whose name has been recorded in the register prescribed in this
behalf and who has been furnished with a certificate of appointment and while he is so
engaged.

No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime-
mover or any transmission machinery while the prime-mover or transmission machinery is in
motion or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication and
adjustment thereof would expose the woman or the young person to risk of injury from any
moving part either of that machine or of any adjacent machinery [Section 22(2)].

(iii) Employment of young persons on dangerous machines

Section 23 provides that no young person shall be required or allowed to work at any
machine to which this section applies unless he has been fully instructed as to dangers arising
in connection with the machine and the precautions to be observed and

(a) has received sufficient training in work at the machine, or

(b) is under adequate supervision by a person who has a thorough knowledge and experience
of the machine.

(iv) Striking gear and devices for cutting off power

Section 24 provides that in every factory suitable striking gears or other efficient mechanical
appliances shall be provided and maintained and used to move driving belts to and from fast
and loose pulleys which form part of the transmission machinery and such gear or appliances
shall be so constructed, placed and maintained as to prevent the belt from creeping back on
the fast pulley. Further, driving belts when not in use shall not be allowed to rest or ride upon
shafting in motion.

Suitable devices for cutting off power in emergencies from running machinery shall be
provided and maintained in every work-room in every factory. It is also provided that when a
device which can inadvertently shift from ‘off’ to ‘on position in a factory’, cut off power
arrangements shall be provided for locking the devices on safe position to prevent accidental
start of the transmission machinery or other machines to which the device is fitted.

(v) Self-acting machines

Section 25 provides further safeguard for workers from being injured by self-acting
machines. It provides that no traverse part of self-acting machine in any factory and no
material carried thereon shall, if the space over which it runs is a space over which any
person is liable to pass whether in the course of his employment or otherwise, be allowed to
run on its outward or inward traverse within a distance of forty five centimetres from any
fixed structure which is not part of the machines.

However, Chief Inspector may permit the continued use of a machine installed before the
commencement of this Act, which does not comply with the requirement of this section, on
such conditions for ensuring safety, as he may think fit to impose.

(vi) Casing of new machinery

Section 26 provides further safeguards for casing of new machinery of dangerous nature. In
all machinery driven by power and installed in any factory:

(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion 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 so
safe as it would be if it were completely encased.

The section places statutory obligation on all persons who sell or let on hire or as agent of
seller or hire to comply with the section and in default shall be liable to punishment with
imprisonment for a term which may extend to 3 months or with fine which may extend to Rs.
500 or with both.
(vii) Prohibition of employment of woman and children near cotton openers

According to Section 27, no child or woman shall be employed in any part of factory for
pressing cotton in which a cotton opener is at work. However, if the feed-end of a cotton
opener is in a room separated from the delivery end by a partition extending to the roof or to
such height as the inspector may in any particular case specify in writing, women and
children may be employed on the side of partition where the feed-end is situated.

(viii) Hoists and lifts

Section 28 provides that in every factory:

(i) Every hoist and lift shall be of good mechanical construction, sound material and adequate
strength. It shall be properly maintained and thoroughly examined by a competent person at
least once in every period of six months and a register shall be kept containing the prescribed
particulars of every such examination,

(ii) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with
gates and the hoist or lift and every such enclosure shall be so constructed as to prevent any
person or thing from being trapped between any part of the hoist or lift and any fixed
structure or moving part,

(iii) the maximum safe working load shall be marked on every hoist or lift and no load
greater, than such load shall be marked on every hoist or lift and no load greater than such
load shall be carried thereon,

(iv) the cage of every hoist and lift shall be fitted with a gate on each side from which access
is afforded to a landing,

(v) such gates of the hoist and lift shall be fitted with interlocking or other efficient device to
secure that the gate cannot be opened except when the cage is at the landing and that the cage
cannot be moved unless the gate is closed.

(ix) Lifting machines, chains, ropes and lifting tackles

In terms of Section 29, in any factory the following provisions shall be complied with respect
of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle
for the purpose of raising or lowering persons, goods or materials:
(a) all parts including the working gear, whether fixed or movable, shall be (i) of good
construction, sound material and adequate strength and free from defects; (ii) properly
maintained; (iii) thoroughly examined – by a competent person at least once in every period
of 12 months or at such intervals as Chief Inspector may specify in writing and a register
shall be kept containing the prescribed particulars of every such examination;

(b) no lifting machine or no chain, rope or lifting tackle, shall, except for the purpose of test,
be loaded beyond the safe working load which shall be plainly marked thereon together with
an identification mark and duly entered in the prescribed register and where it is not
practicable, a table showing the safe working loads of every kind and size of lifting machine
or chain, rope or lifting tackle in use shall be displayed in prominent positions on that
premises;

(c) while any person is employed or working on or near the wheel track of a travelling crane
in any place where he would be liable to be struck by the crane, effective measures shall be
taken to ensure that the crane does not approach within 6 meters of that place

(x) Safety measures in case of use of revolving machinery

Section 30 of the Act prescribes for permanently affixing or placing a notice in every factory
in which process of grinding is carried on. Such notice shall indicate maximum safe working
peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon
such shaft or spindle necessary to secure such safe working peripheral-speed. Speed indicated
in the notice shall not be exceeded and effective measures in this regard shall be taken.

(xi) Pressure plant

Section 31 provides for taking effective measures to ensure that safe working pressure of any
plant and machinery, used in manufacturing process operated at pressure above atmospheric
pressure, does not exceed the limits. The State Government may make rules to regulate such
pressures or working and may also exempt any part of any plant or machinery from the
compliance of this section.

(xii) Floor, stairs and means of access

Section 32 provides that in every factory

(a) all floors, steps, stairs passages and gangways shall be of sound construction and properly
maintained and shall be kept free from obstruction and substances likely to cause persons to
slip and where it is necessary to ensure safety, steps, stairs passages and gangways shall be
provided with substantial handrails,

(b) there shall, be so far as is reasonably practicable, be provided, and maintained safe means
of access of every place at which any person is at any time required to work;

(c) when any person has to work at a height from where he is likely to fall, provision shall be
made, so far as is reasonably, practicable, by fencing or otherwise, to ensure the safety of the
person so working.

(xiii) Pits, openings in floors etc.

Section 33 requires 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, situation, construction, or contents is or
may be source of danger shall be either securely covered or securely fence. The State
Government may exempt any factory from the compliance of the provisions of this Section
subject to such conditions as it may prescribe.

(xiv) Excessive weights

Section 34 provides that no person shall be employed in any factory to lift, carry or make any
load so heavy as to be likely to cause him injury. The State Government may make rules
prescribing the maximum weights which may be lifted, carried or moved by adult men, adult
women, adolescents and children employed in factories or in any class or description of
factories or in carrying on any specified process.

(xv) Protection of eyes

Section 35 requires the State Government to make rules and require for providing the
effective screens or suitable goggles for the protection of persons employed on or in
immediate vicinity of any such manufacturing process carried on in any factory which
involves (i) risk of injury to the eyes from particles or fragments thrown off in the course of
the process or; (ii) risk to the eyes by reason of exposure to excessive light.

(xvi) Precautions against dangerous fumes, gases etc.

Section 36 provides:
(1) that no person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flu 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, unless it is
provided with a manhole of adequate size or other effective means of egress.

(2) 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 and unless:

(a) 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

(b) 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.

(xvii) Precautions regarding the use of portable electric light

Section 36A of the Act provides that in any factory:

(1) no portable electric light or any other electric appliance of voltage exceeding 24 volts
shall be permitted for use inside any chamber, tank, vat, pit, pipe, flu or other confined space
unless adequate safety devices are provided; and

(2) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit,
pipe, flu or other confined space unless adequate safety devices are provided, no lamp or light
other than that of flame proof construction shall be permitted to be used therein.

(xviii) Explosive or inflammable dust gas, etc.

Sub-section (1) of section 37 of the Act provides that in every factory where any
manufacturing process produces dust, gas, fume or vapour of such character and to such
extent to be likely to explode on ignition, all practicable measures shall be taken to prevent
any such explosion by:

(a) effective enclosure of the plant or machinery used in the process

(b) removal or prevention of the accumulation of such dust, gas fume or vapour, and

(c) exclusion or effective enclosure of all possible sources of ignition.

(xix) Precautions in case of fire

Section 38 provides that in every factory all practicable measures shall be taken to outbreak
of fire and its spread, both internally and externally and to provide and maintain (a) safe
means of escape for all persons in the event of fire, and (b) the necessary equipment and
facilities for extinguishing fire. Effective measures shall be taken to ensure that in every
factory all the workers are familiar with the means of escape in case of fire and have been
adequately trained in the outline to be followed in such case.

(xx) Power to require specification of defective parts or test to stability

Section 39 states that when the inspector feels that the conditions in the factory are dangerous
to human life or safety he may serve on the occupier or manager or both notice in writing
requiring him before the specified date to furnish such drawings, specifications and other
particulars as may be necessary to determine whether such building, machinery or plant can
be used with safety or to carry out such test in such a manner as may be specified in the order
and to inform the inspector of the results thereof.

(xxi) Safety of buildings or machinery

Section 40 provides that the inspectors in case of dangerous conditions of building or any part
of ways, machinery or plant requires the manager or occupier or both to take such measures
which in his opinion should be adopted and require them to be carried out before a specified
date. In case the danger to human life is immediate and imminent from such usage of
building, ways of machinery he may order prohibiting the use of the same unless it is repaired
or altered.

(xxii) Maintenance of buildings

Section 40-A provides that if it appears to the inspector that any building or part of it is in
such a state of disrepair which may lead to conditions detrimental to the health and welfare of
workers he may serve on the manager or occupier or both, an order in writing specifying the
measures to be carried out before a specified date.

(xxiii) Safety officers

Section 40-B provides that in every factory (i) where 1,000 or more workers are ordinarily
employed or (ii) where the manufacturing process or operation involves risk of bodily injury,
poisoning or disease or any other hazard to health of the persons employed therein, the
occupier shall employ such number of safety officers as may be specified in the notification
with such duties and qualifications and conditions of service as may be prescribed by State
Government.

(xxiv) Power to make rules to supplement this Chapter.

This is vested in the State Government under Section 41 for such devices and measures to
secure the safety of the workers employed in the factory.
 CONCLUSION

Due to health & safety provisions of Factories Act, 1948, the worker’s life is protected. If
they were exposed to serious accidents due to not properly screened machines then they have
right to compensation. Without a valid reason the labours are not discharged, suspended or
dismissed. Due to health provisions of Factories Act, 1948, labours have proper sanitation
and healthy working environment.

We can conclude that the Occupier and Factory Manager has a vital role to play in assuring
the health, safety and welfare of the workers as they are the backbone of the industrial sector.
However, it is necessary that the workers and their representatives make themselves aware of
the various provisions of the Act and safeguard their interests on their own and force the
defaulting employer to be conscious of his legal obligations.

REFERENCES

BOOKS:

1. S. N. Misra: Labour & Industrial Law, Central Law Publication, Allahabad.

2. S. C. Srivastava: Industrial Relations and Labour Laws, Vikas Publishing House,

Noida.

WEBSITES:

1. http://www.legalserviceindia.com/legal/article-149-the-factories-act-1948.html

2. https://www.legalbites.in/law-notes-labour-law-health-safety-under-factories-act-
1948/