Factories Act 1948

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Factory Act 1948 Provisions: -

1. Canteen - 250 Employees


2. Creches – 30 Female Employee for the children less than 6 years
3. Part Time Medical officer is to be appointed for employees between 50 – 200 and a full-time
medical officer is to be appointed for employees more than 200.
4. Ambulance provision -
5. As per section 49 of Factories Act for employees more than 500 in a factory premises there must
be one Welfare Officer
6. Safety Officer – Unit employing 1000 or more employees

61(SC)A. Medical Examination

(1) Workers employed in a 'hazardous process' shall be medically examined by a


qualified medical practitioner hereinafter referred to as Factory Medical Officer, in the
following manner.-

(a) Once before employment, to ascertain physical fitness of the person to do the
particular job

(b) Once in a period of 6 months, to ascertain the health status of all the workers in
respect of occupational health hazards to which they are exposed; and in cases where
in the opinion of the Factory Medical Officer it is necessary to do so at a shorter
interval in respect of any worker.

(c) The details of pre-employment and periodical medical examinations carried out as
aforesaid shall be received in the Health Register in Form 17.

(2) No person shall be employed for the first time without a certificate of fitness in
Form 17A granted by the Factory Medical Officer. If the Factory Medical Officer
declares a person unfit for being employed in any process covered under sub-rule (1),
such a person shall have the right to appeal to the inspector who shall refer the matter
to the certifying surgeon whose opinion shall be final in this regard. If the Inspector
himself is also a certifying surgeon, he may dispose of the application himself

(3) Any findings of the Factory Medical Officer revealing any abnormality or
unsuitability of any person employed in the process shall immediately be reported to
the certifying surgeon who shall in turn, examine the concerned worker and
communicate his findings to the occupier within 30 days. If the certifying surgeon is
of the opinion that the worker so examined is required to be taken away from the
process for health protection, he will direct the occupier accordingly, who shall
employ the said worker in the same process, However, the worker so taken away be
provided with alternate placement unless he is fully incapacitated, in the opinion of
the certifying surgeon, in which case the worker affected shall be suitably
rehabilitated.

(4) A certifying surgeon on his own motion or on a reference from an Inspector may
conduct medical examination of a worker to ascertain the suitability of his
employment in a hazardous process or for ascertaining his health status. The opinion
of the Certifying Surgeon in such a case shall be final. The fee required for this
medical examination shall be paid by the occupier.

(5) The worker taken away from employment in any process under sub-rule (2) may
be employed again in the same process only after obtaining the fitness certificate from
the certifying surgeon and after making entries to that effect in the Health Register.

(6) The worker required to undergo medical examination under these rules and for any
medical survey conducted by or on behalf of the Central or the State Government
shall not refuse to undergo such medical examination.

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61(SC)B. Occupational Health Centres

(1) In respect of any Factory carrying on' hazardous process' there shall be provided
and maintained in good order an Occupational Health Centre with the services and
facilities as per scale laid down hereunder:-

(a) For factories employing upto 50 workers-.

(i) the services of a Factory Medical Officer on retainership basis, in his clinic to be
notified by the occupier. He will carry out the pre-employment and periodical medical
examination as stipulated in rules. 61 (SC) A and render medical assistance during
any emergency

(ii) a minimum of 5 persons trained in first-aid procedures amongst whom at least one
shall always be available during the working period;

(iii) a fully equipped first-aid box.

(b) For factories employing 51 to 200 workers-

(i) An occupational Health Centre having a room with a minimum floor area of 15 sq.
M. with floors and wall made of smooth and impervious surface and within adequate
illumination and ventilation as well as equipment as per the schedule annexed to this
Rule;

(ii) a part-time Factory Medical Officer shall be in over all charge of the Centre who
shall visit the factory at least twice in a week and whose services shall be readily
available during medical emergencies;

(iii) One qualified and trained dresser-cum-compounder on duty throughout the


working period;

(iv) a fully equipped first aid box in all the departments.

(c) For factories employing above 200 workers-

(i) one full time Factory Medical Officer for factories employing upto 500 workers
and one more Medical Officer for every additional 1000 workers on part thereof,

(ii) An occupational Health Centre having at least 2 rooms each with a minimum floor
area of 15 Sq.m. with floors and walls made of smooth and impervious surface and
adequate illuminations and ventilation as well as equipment as per the schedule
annexed to this Rule

(iii) there shall be one nurse, and dresser-cum-compounder and one sweeper-cum-
ward boy throughout the working period;

(iv) the Occupational Health Centre shall be suitably equipped to manage medical
emergencies.

(2) The factory Medical Officer required to be appointed under sub-rule(1) shall have
qualifications included in Schedules to the Indian Medical Degrees Act of 1916 or in
the Schedules to the Indian Medical Council Act, 1956 and possess a Certificate of
Training in Industrial Health of Minimum three months duration recognised by the
State Government.

Provided that-

(i) a person possessing a Diploma in Industrial Health or equivalent shall not be


required to possess the certificate of training as aforesaid

(ii) the Chief Inspector may, subject to such conditions as he may specify, grant
exemption from the requirement of this sub rule, if in his opinion a suitable person
possessing the necessary qualification is not available for appointment
(iii) in case of a person who has been working as a Factory Medical Officer for a
period of not less than 3 years on the date of commencement of this rule, the Chief
Inspector may, subject to the condition that the said person shall obtain the aforesaid
certificate of training within, a period of three years, relax the qualification.

(3) the syllabus of the course leading to the above certificate, and the organisations
conducting the State course shall be approved by the DG FASLI or the Government in
accordance with the guidelines issued by the DG FASLI.

(4) Within one month of the appointment of a Factory Medical Officer, the occupier
of the factory shall furnish to the Chief Inspector the following particulars:

(a) Name and address of the Factory Medical Officer

(b) Qualifications;

(c) Experience, if any ; and

(d) the sub-rule under which appointed.

Equipment for occupational Health Centre in Factories

1 .A glazed sink with hot and cold water always available.

2. A table with a smooth top at least 180 cm X 105 cm.

3. Means for sterilizing instruments.

4. A couch.

5. Two buckets or containers with close fitting lids.

6. A kettle and spirit stove or other suitable means of boiling water.

7. One bottle of spiritus ammonia aromatious (120ml.).

8. Two medium size sponges.

9. Two 'kidney' trays.

10. Four cakes of toilet, preferably antiseptic soap.

11. Two glass tumblers and two wine glasses.


12. Two clinical thermometers.

13. Two tea spoons.

14. Two graduated (120ml) measuring glasses.

15. One wash bottle (1000 cc) for washing eyes.

16. One bottle (one litre) carbolic lotion 1 in 20.

17. Three Chairs.

18. One Screen.

19. One electric hand torch

20. An adequate supply of tetanus toxide.

21. Coramine liquid (60 ml).

22. Tablets - antihistaminic, antispasmodic (25 each).

23. Syringes with needles - 2 cc, 5 cc and 10 cc.

24. Two needle holders, big and small.

25. Suturing needles and materials.

26. One dissecting forceps.

27. One dressing forceps.

28. One scalpels.

29. One stethoscope.

30. Rubber bandage - pressure bandage.

31. Oxygen cylinder with necessary attachments.

32. One blood pressure apparatus .

33. One patellar Hammer.


34. One peak-flow meter for lung function measurement.

35. One stomach wash set.

36. Any other equipment recommended by the Factory Medical Officer according to
specific need relating to manufacturing process.

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37. In addition :

1. For factories employing 51 to 200 workers-

1. Four plain wooden splints 900mm X 100mm X 6mm.

2. Two plain wooden splints 250mm X 50mm X 12mm

3. One paid artery forceps

4. Injections - Morphia, Pethidine, atropine, adrenaline, coramine, Novocan (2 each)

5. One surgical scissors

(2) For factories employing above 200 workers-

1. Eight Plain wooden splints 900mm x 100mm x 6mm

2. Eight Plain wooden splints 350mm x 75mm x 6mm

3. Four Plain wooden splints 250mm x 50mm x 12mm

4. Two pairs artery forceps

5. Injections - morphia, pethadine, atropine, adrenaline ceramine, movacan (4 each)

6. Two surgical scissors.

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61 (SC)C. Ambulance Van

(1) In any factory carrying on 'hazardous process' there shall be provided and
maintained in good condition, a suitably constructed ambulance van equipped with
items as per sub-rule (2) and manned by a full time Driver - cum - Mechanic and
Helper trained in first aid for the purpose of transportation of serious cases of
accidents or sickness. The ambulance van shall not be used for any purpose other than
the purpose stipulated herein and will normally be stationed at or near to the
Occupational Health Centre :

Provided that a factory employing less than 200 workers, may make arrangements for
procuring such facility at short notice from nearby hospital or other places, to meet
any emergency.

(2) The Ambulance should have the following equipments:

(a) General

 A wheeled stretcher with folding and adjusting devices,


with the head of the stretcher capable of being fitted
upward-
 Fixed suction unit with equipment.
 Fixed oxygen supply with equipment.
 Pillow with case - Sheets - Blankets; Towels.
 Emesis bag; Bed pan; - Urinal - Glass

(b) Safety Equipment

 Flares with life of 30 minutes - Flood lights


 Flash lights - Fire extinguisher dry powder type;
 Insulated gauntlets.

(c) Emergency care equipment

(i) Resusciation

 portable suction unit, portable oxygen units


 Bag-valve-mask, hand operated artificial units
 Airways, Mouth gaga - Trachoestomy adaptors
 Short spine board, I V Fluids with administration
units
 B.P. Manometer,Cugg,- Stethoscope

(ii) Immobolisation,

 Long and short boards, wire ladder splints


 Triangular bandage, long and short spine boards

(iii) Dressings

 Gauge pads 4" x 4", Universal dressing 19" x 36"


 Roll of Aluminium foils, soft roller bandages 6" x 5
yards adhesive tape in 3" roll, safety pins
 Bandage sheets-burn sheets

(iv) Poisoning

Syrup of Ipecac, Activated charcoal pre-packed in doses, snake bite kit, drinking
water-pre-packed in doses

(v) Emergency medicines

As per requirement ( under the advice of medical officer only)

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61 (SC) D : Decontamination facilities

In every factory, carrying out 'hazardous process', the following provisions shall be
made to meet emergency -

(a) full equipped first aid box,

(b) readily accessible means of drenching water for workers, parts of body of workers
and, clothing of workers who have been contaminated with hazardous and corrosive
substance; and such means shall be as per the scale shown in theTable below

TABLE

No. of persons employed No. of drenching showers


at any time
(i) Upto 50 workers 2
2 + 1 for every additional
(ii) Between 51 to 200 workers
50 or part thereafter
5 + for every additional
(iii) between 201 to 500 workers
100 or part thereafter
2 + 1 for every additional
(iv) 501 workers and above
200 or part thereafter
(c) a sufficient number of eye wash bottles filled with distilled water or suitable
liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a
distinctive sign which shall be visible at all times.

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61(SC)E. Making available Health Records to workers

(1) The occupier of every factory carrying out 'hazardous process' shall make
accessible the health records including the record of workers exposure to hazardous
process or, as the case may be, the medical records of any worker for his perusal
under the following conditions-

(a) Once in every six months or immediately after the medical examination whichever
is earlier ;

(b) If the factory Medical Officer or the Certifying Surgeon as the case may be, is of
the opinion that the worker has manifested signs and symptoms of any notifiable
disease as specified in the Third Schedule of the Act

(c) If the worker leaves the employment

(d) If any one of the following authorities so direct;


- the Chief Inspector of Factories ;
- Health Authority of Central or State Government
- Commissioner of Workmen's Compensation;
- The Director General, Employees State Insurance Corporation,
- The Director, Employees State Insurance Corporation
(Medical Benefits); and
- The Director General, Factory Advice Service and Labour Institutes.

(2) A copy of the upto date health records including the record of worker's exposure to
hazardous process or, as the case may be, the medical records shall be supplied to the
worker on receipt of an application from him. X-ray plates and other medical
diagnostic reports may also be made available for reference to his medical
practitioner.

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61 (SC)F. Qualifications, etc. of Supervisors


(1) All persons who are required to supervise the handling or hazardous substances
shall possess the, following qualifications and experience

(a) (i) A degree in Chemistry or Diploma in Chemical Engineering or Technology


with 5 years experience; or

(ii) A Master's 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.

(b) The Chief Inspector may require the supervisor to undergo training in Health and
Safety.

(2) The syllabus and duration of the above training the organisations conducting the
training shall be approved by the DG FASLI or the State Government in accordance
with guidelines issued by the DG FASLI.

61(SC)G.

For the purpose of compliance with the requirements of sub-sections (1) and (4) and
(7) of Section 41 -B or 4 1 -C the Chief Inspector may, if deemed necessary, issue
guidelines from time to time to the occupiers of factories carrying on 'hazardous
process'. Such guidelines may be based on National Standards, Codes of Practice, or
recommendations of International Bodies such as ILO and WHO.

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Toilet & Urinals Provision: -


There should be one latrine for every 20 employees up to 100 and thereafter one for every 50.
Out of total requirement for male employees 33% can be substituted by urinals.

Factories Act, 1948

19. Latrines and urinals

(1) In every factory-


(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently
situated and accessible to workers at all times while they are at the factory;

(b) separate enclosed accommodation shall be provided for male and female workers;

(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall,
unless specially exempted in writing by the Chief Inspector, communicate with any workroom
except through an intervening open space or ventilated passage;

(d) all such accommodation shall be maintained in a clean and sanitary condition at all times;

(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and
washing places.

(2) In every factory wherein more than two hundred and fifty workers are ordinarily employed-

(a) all latrine and urinal accommodation shall be of prescribed sanitary types;

(b) the floors and internal walls, up to a height of 39[ninety centimeters], of the latrines and urinals
and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth
polished impervious surface;

(c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions
of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days with suitable detergents or
disinfectants or with both.

(3) The State Government may prescribe the number of latrines and urinals to be provided in any factory
in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such
further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it
considers necessary in the interest of the health of the workers employed therein.

Section 18 in The Factories Act, 1948


18. Drinking water.—
(1) In every factory effective arrangements shall be made to provide and maintain at suitable
points conveniently situated for all workers employed therein a sufficient supply of
wholesome drinking water.
(2) All such points shall be legibly marked “drinking water” in a language understood by a
majority of the workers employed in the factory, and no such point shall be situated within
1[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or
effluent or any other source of contamination] unless a shorter distance is approved in
writing by the Chief Inspector.
(3) In every factory wherein more than two hundred and fifty workers are ordinarily
employed, provision shall be made for cool drinking water during hot weather by effective
means and for distribution thereof.
(4) In respect of all factories or any class or description of factories the State Government
may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3)
and for the examination by prescribed authorities of the supply and distribution of drinking
water in factories.

CHAPTER V.- Welfare

Section 42. Washing facilities.-

(1) In every factory-

 (a) adequate and suitable facilities for washing shall be


provided and maintained for use of the workers therein;
 (b) separate and adequately screened facilities shall be
provided for the use of male and female workers;
 (c) such facilities shall be conveniently accessible and shall be
kept clean.

(2) The State Government may, in respect of any factory or class or


description of factories or of any manufacturing process, prescribe
standards of adequate and suitable facilities for washing.

Section 43. Facilities for storing and drying clothing.-

The State Government may, in respect of any factory or class or


description of factories make rules requiring the provision therein of
suitable place for keeping clothing not worn during working hours
and for the drying of wet clothing.

Section 44. Facilities for sitting.-

(1) In every factory suitable arrangements for sitting shall be


provided and maintained for all workers obliged to work in a
standing position, in order that they may take advantage of any
opportunities for rest which may occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any
factory engaged in a particular manufacturing process or working in
a particular room, are able to do their work efficiently in a sitting
position, he may, by order in writing, require the occupier of the
factory to provide before a specified date such seating
arrangements as may be practicable for all workers so engaged or
working.

(3) The State Government may, by notification in the Official


Gazette, declare that the provisions of sub-section (1) shall not
apply to any specified factory or class or description of factories or
to any specified manufacturing process.

Section 45. First-aid-appliances.-

(1) There shall, in every factory, be provided and maintained so as


to be readily accessible during all working hours first-aid boxes or
cupboards equipped with the prescribed contents, and the number
of such boxes or cupboards to be provided and maintained shall not
be less than one for every one hundred and fifty workers ordinarily
employed at any one time in the factory.

(2) Nothing except the prescribed contents shall be kept in a first-


aid box or cupboard.

(3) Each first-aid box or cupboard shall be kept in the charge of a


separate responsible person, who holds a certificate in first-aid
treatment recognized by the State Government and who shall
always be readily available during the working hours of the factory.

(4) In every factory wherein more than five hundred workers are
ordinarily employed there shall be provided and maintained an
ambulance room of the prescribed size, containing the prescribed
equipment and in the charge of such medical and nursing staff as
may be prescribed and those facilities shall always be made readily
available during the working hours of the factory.

Section 46. Canteens.-


(1) The State Government may 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 maintained by the occupier for the use of the workers.

(2) Without prejudice in the generality of the foregoing power, such


rules may provide for-

 (a) the date by which such canteen shall be provided;


 (b) the standard in respect of construction, accommodation,
furniture and other equipment of the canteen;
 (c) the foodstuffs to be served therein and the charges which
may be made therefor;
 (d) the constitution of a managing committee for the canteen
and representation of the workers in the management of the
canteen;
 (dd) the items of expenditure in the running of the canteen
which are not to be taken into account in fixing the cost of
foodstuffs and which shall be borne by the employer ;
 (e) the delegation to Chief Inspector subject to such conditions
as may be prescribed, of the power to make rules under clause
(c).

Section 47. Shelters, rest-rooms and lunch-rooms.-

(1) In every factory wherein more than one hundred and fifty
workers are ordinarily employed adequate and suitable shelters or
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:

Provided that any canteen maintained in accordance with the


provisions of section 46 shall be regarded as part of the
requirements of this sub-section:

Provided further that where a lunch-room exists no worker shall eat


any food in the work-room.
(2) The shelters or rest-room or lunch-room to be provided under
sub-section (1) shall be sufficiently lighted and ventilated and shall
be maintained in a cool and clean condition.

(3) The State Government may-

 (a) prescribe the standards, in respect of construction


accommodation, furniture and other equipment of shelters,
rest-rooms and lunch-rooms to be provided under this section;
 (b) by notification in the Official Gazette, exempt any factory
or class or description of factories from the requirements of
this section.

Section 48. Creches -

(1) In every factory wherein more than thirty women workers are
ordinarily employed there shall be provided and maintained a
suitable room or rooms for the use of children under the age of six
years of such women.

(2) Such rooms shall provide adequate accommodation, shall be


adequately lighted and ventilated, shall be maintained in a clean
and sanitary condition and shall be under the charge of women
trained in the care of children and infants.

(3) The State Government may make rules-

 (a) prescribing the location and the standards in respect of


construction, accommodation; furniture and other equipment
of rooms to be provided, under this section;
 (b) requiring the provision in factories to which the section
applies, of additional facilities for the care of children belonging
to women workers, including suitable provision of facilities for
washing and changing their clothing;
 (c) requiring the provision in any factory of free milk or
refreshment or both for such children;
 (d) requiring that facilities shall be given in any factory for the
mothers of such children to feed them at the necessary
intervals.
Section 49. Welfare Officers. -

(1) In every factory wherein five hundred or more workers are


ordinarily employed the occupier shall employ in the factory such
number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications


and conditions of service of officers employed under sub-section
(1).

Section 50. Power to make rules to supplement this Chapter.

The State Government may make rules-

 (a) exempting, subject to compliance with such alternative


arrangements for the welfare of workers as may be prescribed,
any factory or class or description of factories from compliance
with any of the provisions of this Chapter,
 (b) requiring in any factory or class or description of factories
that representatives of the workers employed in the factories
shall be associated with the management of the welfare
arrangements of the workers.

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