Professional Documents
Culture Documents
Main Objective
Shouldering the responsibility of ensuring compliance with the applicable legislations at the place which is under the ambit of the definition Factory
THE KARNATAKA FACTORIES (DEFINING THE PERSONS HANDLING POSITION OF SUPERVISION OR MANAGEMENT) RULES 1981
(REGULATION
EMPLOYMENT
CONDITIONS
IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.
Health
Welfare Regulates Working Hours
there were
This Act has seen many amendments after the independence. Major amendments were caused during 1987 -- Reason is Bhopal Tragedy The ghastly chemical accident
3. Responsible persons
4. Inspecting staff
APPLICABILITY
Applies to Factories 1. Definite Premises where 10 and more workers; Manufacturing process, Power Section 2m(i) 2. Definite Premises where 20 and more workers;
Manufacturing process; No power Section 2m(ii) 3. Act empowers State Government to declare all or any of the provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. Section 85(i) 1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical substances as listed under schedule 1 of MAH (K) Rules, 1994. contd.,
APPLICABILITY
Unless otherwise provided, the Act is applicable to all
BENEFICIARIES
RESPONSIBLE PERSONS
RESPONSIBLE PERSONS
OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act. OCCUPIER means the person who has got the ultimate control over the affairs of the factory. Proprietorship Partnership Company State or Central Government owned Proprietor One of the partner One of the director Persons so nominated by the respective governments.
1996 SUPREME COURT CONFIRMED THIS. (1996 LLR 981 JK Industries LTD., and others V/S CIFB and others etc.,
OCCUPIERS RESPONSIBILITY
PREVIOUS PERMISSION TO LOCATE THE FACTORY, SHOULD OBTAIN LICENCE TO THE PREMISES, LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY, OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER, MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE,
RESPONSIBLE PERSON[S]
MANAGER?
A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF THE FACTORY & FOR THE PURPOSES OF THE ACT RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY? Maintenance of registers, furnishing OT slips, leave cards Furnishing of returns Submission of notice to work on Sunday
POWERS OF INSPECTORS
He has got the power to enter to any premises (with assistants or experts) which he has got reason to believe it as a factory
He can make examinations of the premises, plant and machinery to secure SHE
He can direct the occupier to left undisturbed any place till his enquiries are completed. He can seize any records, take copies which is required for the purpose of enforcement
He can take measurements, photographs and make such recordings which are required for enforcement of Law
He can call for production of any registers or documents pertaining to his duties from the occupier.
GENERAL DOMAIN
OF THE LAW
STATUTORY COMMITTEES
STATUTORY REGISTERS STATUTORY RETURNS REGULATION OF WORKING HOURS OF ADULTS ANNUAL LEAVE WITH WAGES contd.,
FOCUSSED AREAS
REPORTING OF ACCIDENTS REPORTING OF DANGEROUS OCCURRENCE REPORTING OF NOTIFIABLE DISEASES PROVISIONS RELATING TO WOMEN WORKERS PROVISION RELATING TO CHILD PROVISIONS RELATING TO NO. OF EMPLOYEES TRAINING & EDUCATION PROGRAMMES OBTAINING OF EXEMPTION SCHEMES PENALTY AND PROCEDURES
APPROVAL/LICENCING
APPROVAL OF PLANS
APPROVAL/LICENCING
APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:
PROPOSED CONSTRUCTION EXTENTION TO EXISTING FACTORY BUILDING
APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO
COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION SHALL BE DEEMED TO BE GRANTED.
LICENCING
BEFORE 15 DAYS.
THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. LICENCE WILL BE GRANTED IN FORM 3. IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO
YEARS.
LICENCING
WHAT IS AMENDMENT/TRANSFER
THREE LIMITS ARE MENTIONED IN THE LICENCE. IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES. THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS. DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.
APPROVAL/LICENCING
LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY OF LICENCE. FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE INSPECTOR BEFORE THE FACTORY OR THE SECTION OR DEAPRTMENT THEREOF AS THE CASE MAY BE , STARTS WORKING AGAIN.
THEREOF IMMEDIATELY IT IS
SHALL REPORT TO THE FACTORIES RULES, 1969.
INSPECTOR
HEALTH FRONT
HOUSE KEEPING/CLEANLINESS OVERCROWDING LIGHTING DRINKING WATER LATRINE AND URINALS
SPITTONS
HEALTH ISSUES
HOUSE KEEPING/CLEANLINESS
Sl.no
Type of coatings
Periodicity
1
2 3 4
THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141 PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29. OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER OF SPACE MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM RULE 141
TOILET FACILITIES
Sufficient toilet and urinal accommodations - One for every twenty five workmen.
Separate facilities for the women workmen. Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured.
Drinking water
Adequate drinking water in clean and hygienic conditions shall be provided and maintained.
If the source of supply is not from the public supply, the water
shall be tested for its pot ability from the District Health Officer.
If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.
SAFETY
GENERAL SAFETY MANAGEMENT INCLUDES
MATERIAL SAFETY
PROCESS SAFETY PERSONAL PROTECTIVE EQUIPMENT
EXCESSIVE WEIGHTS
EQUIPMENT SAFETY
BASICALLY EQUIPMENT SAFETY INCLUDES
Good construction with all safety features Sound material and adequate strength Free from defects, properly maintained
MATERIAL SAFETY
MATERIAL SAFETY INCLUDES
Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored. MSDS shall be readily available Information, instruction, training and supervision Periodical medical surveillance
PROCESS SAFETY
BASICALLY PROCESS SAFETY INCLUDES
Type of process, chemistry involved Hazards, risk and vulnerability Analysis Equipment integrity against the hazards Protection against the hazards Measures required during the process
PERSONAL SAFETY
BASICALLY PERSONAL SAFETY INCLUDES
SAFETY MANAGEMENT
EXCESSIVE WEIGHTS
No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below Adult male Adult female Adolescent male Adolescent female Male child Female child 50kgs 30kgs 30kgs 20kgs 16kgs 14kgs
equipment exposed
necessary;
to particular hazards
as may be found
WELFARE ISSUES
MAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL BEING OF THE PERSONS.
Washing facilities
Facilities for sitting First aid appliances
Crche
Canteen Rest room, shelters, lunch room
CANTEEN
IT IS STATUTORY WELFARE SCHEME APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250 BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS SUFFICIENTLY VENTILATED AND LIGHTED LIME WASHED ONCE IN A YEAR
CANTEEN
FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO PROFIT AND NO LOSS BASIS SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT SHALL BE PROVIDED BY THE MANAGEMENT.
CANTEEN
CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY CONDITIONS AT ALL TIMES
THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF 12 MONTHS THE EXAMINATIONS INCLUDE ROUTINE BLOOD EXAMINATION BACTERIOLOGICAL TESTING OF FAECES AND URINE ANY OTHER SPECIFIC EXAMINATIONS
TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS DISEASES.
CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE PERSONS EMPLOYED IN THE FACTORY SPECIFIC DELIBERATION WITH REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS.
HISTORICAL CITATONS GOVERNMENT OF ANDHRA PRADESH V/S BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1 LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP
CRECHE
THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN IS MORE THAN 30 THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE METER PER CHILD ADEQUAE LIGHTING AND VENTILATION KEPT NEAT AND TIDY AT ALL TIMES EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER CHILDREN. CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN ADEQUATE TOYS FOR OLDER CHILDREN SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN
CRECHE
WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND SANITARY CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE AVAILABLE FOR WASHING AND BATHING. CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH WHOLE SOME REFRESHMENT IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR EVERY 20 CHILDREN
CRECHE
WOMEN IN CHARGE SHOULD POSSESS NURSES QUALIFICAITON OR 18 MONTHS CERTIFICATE IN CHILD CARE EITHER FROM HOSPITAL OR MATERNITY HOME ONE SWEEPER SHALL BE EMPLOYED.
WASHING FACILITIES
ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND MAINTAINED FOR THE USE OF THE WORKERS.
IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD BEAR CONSPICUOUS NOTICE FOR WOMEN ONLY WATER SUPPLY TO THE WASHING FACILITIES SHOULD YIELD
AT LEAST 27 LITERS OF WATER FOR EACH PERSON.
IF
ADEQUATE
WATER
FACILITY
IS
NOT
AVAILABLE,
EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5 LITRES OF WATER PER PERSON EMPLOYED.
A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS.
AMBULANCE ROOM
THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN 500 WORKERS ARE EMPLOYED ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH STANDARDS AND
SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL BE SEPARATE FROM THE REST OF THE FACTORY.
THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY DRINKING WATER FACILITY SHALL BE PROVIDED THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM. AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER, NURSING ATTENDANT IN EACH SHIFT.
AMBULANCE ROOM
AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD CONDITIONS. EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A DOCTOR IN ALL THE THREE SHIFTS.
STATUTORY APPOINTMENTS/RECOGNITION
SAFETY OFFICER
WELFARE OFFICER
MEDICAL OFFICER COMPETENT & QUALIFIED SUPERVISORS COMPETENT PERSON ACCREDITION AGENCIES TO CONDUCT SAFETY AUDITS.
SAFETY OFFICER
SAFETY OFFICER
IT IS A STATUTORY APPOINTMENT WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL QULIFICATIONS DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACIATY FOR A PERIOD OF NOT LESS THAN TWO YEARS OR DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR A PERIOD NOT LESS THAN FIVE YEARS OR DEIPLOMA IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR
SAFETY OFFICER
POSSESS DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY THE STATE GOVERNMENT HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY OF THE WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED ANY PERSON POSSESSES EXPERIENCE DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD
CENTRAL OR STATE GOVERNMENT WHICH DEALS WITH ADMINISTRATION OF THE FACTORIES ACT, 1948 OR THE INDIAN DOCK LABOURERS ACT, 1934 OR POSSESSES EXPERIENCE DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD
EDUCATION, CONSULTANCY, OR RESEARCH IN THE FIELD OF ACCIDENT PREVENTIONIN INDUSTRY OR IN ANY INSTITUTION SHALL ALSO ELIGIBLE FOR SAFETY OFFICER.
SAFETY OFFICER
NO. OF SAFETY OFFICERS TO BE EMPLOYED?
MORE THAN 1000 AND LESS THAN 2000 1
2
3 4 5 1
Welfare Officer
Statutory appointment Mandatory incase of workers strength is more than 500 Separate rules governing duties, qualification and conditions of service is in force.
THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE) RULES, 1963 Salient features of the legislation
THESE RULES ARE PRESCRIBED UNDER SECTION 49 AND 50 OF THE FACTORIES ACT, 1948. IN FORCE FROM 1963 AND BEING AMENDED FROM TIME TO TIME. THERE ARE 9 RULES Number of welfare officers required is one for 500 or more to 2000 workers. Additional welfare officer for every additional 2000 Qualification is prescribed - degree from the university recognized by the Government and obtained a degree or diploma in social science with PM and IR and labour welfare as their papers. He should have adequate knowledge of the language spoken by the majority of the workers. Duties have been clearly prescribed. He is not supposed to deal with disciplinary cases or appear on behalf of occupier against workers.
MEDICAL OFFICER
IT IS A STATUTORY APPOINTMENT WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED
QUALIFIED SUPERVISORS
RESPECT
OF
INDUSTRIES
INVOLVING
QUALIFICATIONS PRESCRIED IS A DEGREE IN CHEMISTRY OR DIPLOMA IN CHEMICAL ENGINEERING OR TECHNOLOGY WITH 5 YEARS OF EXPERIENCE
OR
A MASTER DEGREE IN CHEMISTRY OR A DEGREE IN CHEMICAL ENGINEERING OR TECHNOLOGY WITH 2 YEARS EXPERIENCE.
THE EXPERIENCE STIPULATED ABOVE SHALL BE IN PROCESS OPERATION AND MAINTENANCE IN THE CHEMICAL INDUSTRY. THE CHIEF INSPECTOR MAY REQUIRE THE SUPERVISOR TO UNDERGO TRAINING IN HEALTH AND SAFETY
COMPETENT PERSON
PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE TO CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER THE ACT. THE VARIOUS AREAS INCLUDES: LIFTING MACHINES, HOISTS, LIFTING TACKLES EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER PRESSURE. CENTRIFUGAL MACHINES POWER PRESSES RACTION VESSELS, GAS HOLDERS BLASTING ENCLOSURES EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST
EXEMPTION PROVISIONS
TO WORK ON SUNDAY TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK TO MAINTAIN CRECHE TO EMPLOY WOMEN WORKERS UP TO 10PM TO INCREASE THE SPREADOVER TIME IN A SHIFT LEAVE RULES EXEMPTION IN CASE OF OVER CROWDING EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO INSTITUTION MAINTIANED FOR THE PURPOSE OF TRAINING, EDUCATION OR REFORMATION MOTOR VEHICLE SPEED INSIDE THE PREMISES TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS.
WORKS COMMITTEE
SEXURAL HARASSEMENT PREVENTION COMMITTEE
240 days in a calendar year his/her service is from beginning of the calendar year;
2/3rd of the calendar year his/her service begins in the middle of calendar year Issue of leave books in Form no. 15 Leave with wages register in Form no. 14 Any discharge / dismissal benefit shall be settled immediately.
Ambulance room Doctor, Nurse and Dresser cum compounder > 500 workers
Welfare officer Safety officer > 500 workers > 1000 workers Lady welfare officer - > more nos. of women workers
am.
Prohibits overtime work Act permits the Government to notify the factories to employ women workers up to 10pm with conditions Government has notified 15 categories of factories
under 2 notifications;
One in one notification Fourteen in another notification.
9 hours of rest after completion of work to the fresh period of work in the following day
No overtime work Act bars employment of women workers from 10 pm to 5 am totally. Act bars employment of women to clean, lubricate any part of the equipment Act bars employment of women workers in hazardous processes
Working hour for child is four and half hour per day Double employment of child is prohibited Working hours for adolescent is as that of adult.
Act bears employment of child and young persons on dangerous machines power press, hydraulic, presses, milling machine, guillotine machine
Act bars employment of child and adolescent on dangerous manufacturing processes
MAINTENANCE OF REGISTERS
Muster roll cum Register of wages/salary /Subsistence allowance Form No.22 Register of adult workers Form No. 11 Register of leave with wages Form no. 14 Inspection book Form no. 6, 28 & 29 Register of accident or dangerous occurrence Form no.23 Register of overtime muster roll for exempted workers Form no. 9; Health register Form no. 16 & 38 Register of absenteeism or Sickness Form no. 40
MAINTENANCE OF REGISTERS
THE REGISTERS SHALL BE WRITTEN AFRESH EACH MONTH.
DISPLAY OF NOTICES
Notice of periods of work An abstract of the act and rules
Cautionary notices
Safety posters, catchy safety slogans
DISPLAY OF NOTICES
ALL THE NOTICES TO BE DISPLAYED IN FACTORIES SHALL BE IN ENGLISH AND IN A LANGUAGE
UNDERSTOOD
BY
THE
MAJORITY
OF
THE
WORKERS. - S.108 NOTICES SHALL BE DISPLAYED AT CONSPICUOUS PLACE AND SHALL BE MAINTAINED IN CLEAN AND LEGIBLE CONDITIONS. - 108
RETURNS/NOTICES TO BE SUBMITTED
Combined Annual return - Form no. 20 ( on or before 1st Feb) Annual return under PWA Form no. IV ( on or before 15th Feb)
ACCIDENTS
Reportable accidents shall be reported in Form no. 17, within 72 hours from the from the time of occurrence of accidents. Fatal accident shall be reported within in 12 hours Fatal Accidents are Required to be reported to:
Inspector,
District Magistrate or Sub Divisional Magistrate, Officer in charge of the nearest police station
DANGEROUS OCCURRENCES
(which does not result in death or bodily injury)
The Said incidents also shall be reported in Form no. 17A WITH IN 12 HOURS FROM THE INCIDENT. These incidents also requires to be investigated to unearth the causes
4.
5. 6. 7. 8. 9.
10. Petrochemical industries 11. Drugs and pharmaceutical industries 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic) industries 14. Paints and pigment industries
9.
10. CONDUCTING PERIODICAL SAFETY AUDITS 11. CLEARANCE FROM POLLUTION CONTROL BOARD
Specific directions
9 Benzene poisoning
10 Chrome ulceration 11 Anthrax
12 Silicosis
16 Toxic anemia
17 Toxic jaundice due to poisonous substances 18 Oil acne or dermatitis due to mineral oil
19 Byssionosis
20 Asbestosis 21 Occupational or contact dermatitis due to chemical or paints
27 Occupational cancer
28 Isocyanides poisoning 29 Toxic nephritis
Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager.
The said contractment of disease may be enquired by appointing competent person by the state government.
3 SCHEDULES
TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING
1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES;
If any of the workers employed contravened any of the said provision, he shall be punishable with imprisonment for a term, which may extend to one hundred rupees or both.
RIGHT OF WORKERS
Every workers shall have the right to Obtain from the occupier, information relating to workers health
training centre or institute, duly approved the Chief Inspector of Factories, where training is imparted on safety, health and welfare. Represent to the Inspector directly or through his representative in the matter of inadequate provisions for protection of his health or safety in the factory.
GENERAL INFORMATION
OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY. THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR MANAGER FROM LIABILITY IN CERTAIN CASES.
THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL HEALTH SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY OCCUPIER AND MANAGER SHALL AFFORD ALL FACILTIES FOR SUCH SURVEY.
THE GOVERNMENT MAY APPOINT A COMPETETN PESON TOINQUIRE INTO THE CAUES OF ANY ACCIENT OCCURING INA FACTORY OR INTO ANY CASE WHERE DISEASE SPCFIED THE SCHEDULE HAVE BEEN CONTRCTED. INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON ACCOUNT OF SERIOUS HAZARD.
GENERAL INFORMATION
THERE IS A PROVISION FOR AMALGAMATION OF TWO DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORY OR TWO OR MORE FACTORIES TO BE A SINGLE - SECTION 4 THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE OR ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE OCCUPIER & MANAGER RULE 135 OF KFR 1969 THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY ORDER SERVED BY THE INSPECTOR BEFORE THE CHIEF INSPECTOR WITHIN 30 DAYS SECTION 107 INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE PURPOSE OF SATISFYING HIMSELF WITH THE COMPLIANCE TO THE PROVISIONS RULE 136. THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE SAME WITHIN SEVEN DAYS
GENERAL INFORMATION
IN CASE OF DEATH OF ANY PERSON ON SERVICE THE BALANCE OF PAY DUE FOR THE PERIOD OF LEAVE WAGES NOT AVAILED OF SHALL BE PAID TO HIS NOMINEE WITHIN A WEEK OF THE
imprisonment
or both.
In case of fatal accident if the contravention is noticed from Chapter IV - Rs. 25,000/- minimum
In case of serious accident Rs. 5,000/Enhanced penalty after previous conviction is very
severe.
Any contravention under chapter IVA penal provisions are very stringent.
ARE
BEING
THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED.
COMPLYING WITH LEGAL REQUIREMENTS, REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE POSITIVE ATTITUDE ARE THE NEED OF THE HOUR