NATIONAL SEMINAR- 2015 Health, Safety and Welfare Measures fr Wr!ers under The "a#tr$es A#t, 1%&'
A(STRA)T
The labour and industrial laws are formulated especially to secure the rights of a worker. worker. Accordin According g to The Factories Factories Act, 1948, certain proisions proisions e!ist for the benefits benefits of a worker and to sae him from certain in"uries in his work. The researchers want to study the three main factors affecting a worker are in this research work, which are #ealth, $afety and %elfare of the workers. $ections 11&19 of the Factories Act, 1948 deals with the arious measures measures to be taken to secure the health of the workers. Those Those sections forming strict rules in superision of the 'hief (nspector appointed by the )oernment to be taken care of some of the the facto factors rs such such as clean cleanli line ness, ss, disp dispos osal al of wast wastee and and effl efflue uent nts, s, ent entil ilati ation on and and temperature, dust and fume, oercrowding, lighting, drinking water, latrines and urinals and spittoons. spittoons. *ur (ndian (ndian )oernment )oernment formed certain rules in the same Act from $ection +1&41 for the safety of the workers. $uch factors are fencing of machinery work on or near machinery in motion, employment of young person-s on dangerous machine, striking gear and deices for cutting of power, self&acting machines, casing of new machiner y, prohibitions of employment of women and children near cotton openers, hoists and lifts, lifting machines, chains, ropes and lifting tackles, reoling machinery, pressure plant, floors, stairs and means of access access,, pits pits,, sump sumps, s, open openin ing g in floor floors, s, etc. etc.,, e!ces e!cessi sie e weig weight hts, s, prot protect ectio ion n to eyes, eyes, precautions against dangerous fumes, gases, etc., precautions regarding the use of portable electric light, e!plosie or inflammable dust, gas, etc., power to reuire specifications of defectie parts or test of liability, safety of building and machinery and maintenance of buildings. $imilarly, for the welfare of workers, under the Factories Act, some factors are proided such as washing facilities, facilities for storing and drying clothing, facilities for sitting, canteens, shelters, rest rooms and lunch rooms and creches. Thus, as per our (ndian legislation many health, safety and welfare measures are aailable for workers, but certain facilities are not aailable to workers, so this topic needs to be discussed broadly. /ey %ords0 %ords0 #ealth, safety, welfare, Factories Act
State*ent f +rle*-
(n The Factories Act, 1948, for presering and maintaining health, safety and welfare of workers, such proisions are added but many factories are not implementing it properly and as a result, and their families hae to suffer.
Resear#h .uest$ns-
1 %hether the workers are proided proper safety as per goerned by the law2 + %hether the workers are proided proper protection in their workplace ha3ards as there are risks to their health and safety2 %hether the workers are proided certain facilities of welfare gien in The Factories Act, 1948 under $ections 4+&56 or not2
What $s Laur Welfare/
7abour welfare is an important dimension of industrial relations labour welfare includes oerall welfare facilities designed to take care of well being of employee-s and in order to increase their liing standard. (t does not generally constitute monetary benefits nor these are proided by employers alone, it can also be proided by goernment, non goernment agencies and trade unions. (ndustriali3ation, mechanisation and globalisation hae increased importance of labour welfare in industries. The importance of labour in industriali3ation and economic deelopment has been recognised globally. (n global scenario need and importance of labour welfare has been increasingly appreciated.
A##rd$n t The "a#tr$es A#t, 1%&' 1 •
The definition of the term factory was widened to coer all industrial establishments employing ten or more workers where power was used and +6 or more workers in all other cases. Health)leanl$ness Se#t$n- 113 lays down that eery factory shall be kept clean and free
from effluia arising from any drain, priy or other nuisance. The following precautions shall be taken in particular 0 $3 Accumulation of dirt and refuse shall be remoed daily by sweeping or by any other effectie method from the floors and benches of work rooms and from staircases and passages and disposed of in a suitable manner $$3 The floor of eery work&room shall be cleaned atleast once in eery week by washing, using disinfectant, where necessary or by some other effectie method $$$3 %here a floor is liable to become wet in the course of any manufacturing process to such e!tent as incapable of being drained, effectie means of drainages shall be proided and maintained $43 All inside walls, and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases. ent$lat$n and te*6erature Se#t$n- 173 lays down that effectie and suitable proision shall be made in eery factory for securing and maintaining in eery work room: $3 Adeuate entilation by the circulation of fresh air, and $$3 $uch a temperature as will secure to workers therein reasonable conditions of comfort and preent in"ury to health. Art$f$#$al hu*$d$f$#at$n Se#t$n 15133 lays down that in respect to all factories in which the humidity of air is artificially increased the $tate )oernment may make rules: 1 Labour
and Industrial laws by S.N. Mishra Central law Publications, 27 th edition, 2013
$3 ;rescribing standards of humidification $$3
oercrowding. According to sub§ion >+ lays down that there shall be in eery work room of factory in e!istence of the date of the commencement of this Act atleast 9.9 cubic metres and of a factory built after the commencement of this Act atleast 14.+ cubic metres of space which is more than 4.+ metres aboe the leel of the floor of the room, for the purpose of this sub§ion. :r$n!$n 8ater Se#t$n 1'3 deals with the proisions relating to arrangements for drinking water in factories. $ub§ion >1 proides that in eery factory effectie arrangements shall be made to proide and maintain at suitable points coneniently situated for all workers employed therein, a sufficient supply of wholesome drinking water. Latr$nes and ur$nals Se#t$n 1%3 proides that in eery factory: $3 $ufficient latrine and urinal accommodation of prescribed type shall be proided coneniently situated and accessible to workers at all times while they are at the factory $$3 $eparate enclosed accommodation shall be proided for male and female workers $$$3 $uch accommodation shall be adeuately lighted and entilated, and no latrine or urinal, shall, unless specially e!empted in writing by the 'hief (nspector, communicate with any work&room e!cept through an interening open space or entilated passage $43 All such accommodation shall be maintained in a clean and sanitary condition at all times 43 $weepers shall be employed whose primary duty would be to keep clean latrines, urinals and work&places. S6$ttns Se#t$n 203 lays down that in eery factory there shall be proided a sufficient number of spittoons in conenient places. They shall be maintained in a clean and hygienic condition. Safety"en#$n f *a#h$nery Se#t$n 213 lays down that in eery factory the following
shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the part of machinery they are fencing are in motion or in use: $3 eery moing part of a prime moer and eery flywheel connected to a prime moer, whether the prime moer or flywheel is in the engine house or not $$3 headrace and tailrace of eery water&wheel and water&turbine $$$3 any part of a stock bar which pro"ects beyond the head stock of a lathe and $43 unless they are in such position or of such construction as to be safe to eery person employed in the factory as they would be is they were securely fenced 0& 13 eery part of an electric generator, a motor or rotary conertor
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23 eery part of transmission machinery and 73 eery dangerous part of any other machinery. E*6ly*ent f yun 6ersn;s n danerus *a#h$ne< Se#t$n 273 According to $ection +>1 no young person shall be reuired or allowed to work at any machine to which this section applies unless0& $3 he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be obsered and $$3 has receied sufficient training in work at the machine or $$$3 is under adeuate superision by a person who has a thorough knowledge and e!perience of the machine. Str$!$n ear and de4$#es fr #utt$n f 68er< Se#t$n 2&3 (n eery factory: i suitable striking gear on other efficient mechanical appliance shall be proided and maintained and used to moe driing belts to and from part of the transmission machinery, and such gear or appliance shall be so constructed, placed and maintained as to preent the belt from creeping back on to the fast pulley ii driing belts when not in use shall not be allowed to rest and ride upon shafting in motion. Self-a#t$n *a#h$nes< Se#t$n 253 ?o traersing part of a self&acting machine in any factory and no material carried thereon shall, if the space oer which it runs is a space oer which any person is liable to pass, whether in course of his employment or otherwise, be allowed to run on its outward or inward traerse within the distance of forty fie centimetres from any fi!ed structure which is part of the machine. @ut the 'hief (nspector may permit the continued use of a machine installed before the 'ommencement of this Act which does not comply with the reuirements of this section on such conditions for ensuring safety as he may think fit to impose. )as$n f ne8 *a#h$nery< Se#t$n 293 (t proides that in all machinery drien by power and installed in any factory after commencement of this Act: i eery set screw, bolt or key on any reoling shaft, spindle wheel or opinion shall be so sunk, encased or otherwise effectiely guarded as to preent danger ii all spur, worm and other toothed or friction gearing which does not freuent ad"ustment when in motion be completely encased unless it is situated as to be as safe as it would be if it were completely encased. +rh$$t$n f e*6ly*ent f 8*en and #h$ldren near #ttn 6eners< Se#t$n 2=3 (t lays down that no women or children shall be employed to any part of a factory for pressing cotton in which a cotton opener is at work. @ut is the feed end of a cotton opener is at a room separated from the deliery end by the partition e!tending to the roof or to such height as the (nspector may in any particular case specify in writing, women and children may be employed at the side of the partition where the feed end is situated. H$sts and l$fts< Se#t$n 2'3 According to $ection +8, in eery factory eery hoist and lift shall be: i of good mechanical construction, sound material and adeuate strength
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ii properly maintained, and shall be thoroughly e!amined by a competent person atleast once in eery period of si! months and a register shall be kept containing the prescribed particulars of eery such e!amination. L$ft$n *a#h$nes, #ha$ns, r6es and l$ft$n ta#!les< Se#t$n 2%3 According to $ection +9 in any factory, the following proision shall be complied with in respect of eery lifting machine >other than hoist or lift and eery chain, rope and lifting tackle for the purpose of raising and lowering persons, goods and materials0 i all parts including the working gear, whether fi!ed or immoable of eery lifting machine and eery chain, rope or lifting tackle shall be: >a of good construction sound material and adeuate strength and free from defects >b properly maintained and >c thoroughly e!amined by a competent person once in eery period of twele months, or at such interals as the 'hief (nspector may specify in writing and a register shall be kept containing the prescribed particulars of eery such e!amination ii no lifting machine and no chain, rope or lifting tackle shall, e!cept for the purpose of test, be loaded beyond the safe working load which shall be plainly shown thereon together with an identification mark and duly entered in the prescribed register and where this is not practicable, a table showing the safe working load of eery kind and si3e of lifting machine or chain, rope of lifting tackle in use shall be displayed in prominent positions on the premises iii while any person is employed or working on or near the wheel track of a traelling crane in any place where he would be liable to be struck by the crane, effectie measures shall be taken to ensure that the crane does not approach within si! metres of the place. +ressure +lant< Se#t$n 713 (t lays down that if any factory any plant of machinery or any part thereof is operated at a pressure aboe atmosphere pressure, effectie measures shall be taken that the safe working pressure of such plant or machinery or part is not e!ceeded. "lrs, sta$rs and *eans f a##ess< Se#t$n 723 (t proides that in eery factory: i all floors, steps, stairs and gangways shall be of sound construction and properly maintained and shall be kept free from obstructions and substances likely to cause persons to slip and where it is necessary to ensure safety steps, stairs, passage and gangways shall be proided with substantial handrails ii there shall, so far as is reasonably practicable, be proided and maintained safe means of access to eery place at which any person is at any time reuired to work iii when any person has to work at a height from where he is likely to fall, proisions shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure safety of the person so working. +$ts, su*6s, 6en$n $n flrs, et#< Se#t$n 773
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(t proides that in eery factory, eery fi!ed essel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situations, construction or contents is or may be a source of danger, shall be either securely coered or securely fenced. E>#ess$4e 8e$hts< Se#t$n 7&3 (t lays down that no person shall be employed in any factory to lift, carry or moe any load so heay as to be likely to cause him in"ury. +rte#t$n t eyes< Se#t$n 753 (t proides that in respect of any such manufacturing process carried on in any factory as may be prescribed, the $tate )oernment may by rules reuire that effectie screens or suitable goggles shall be proided for the persons employed. +re#aut$ns aa$nst danerus fu*es, ases, et#< Se#t$n 793 i ?o person shall be reuired or allowed to enter any chamber, tank, at, pit, pipe, flue or other confined space in any factory in which any gas, fume, apour, or dusts is likely to be present to such an e!tent as to inole risk to persons being oercome thereby, unless it is proided with a manhole of a adeuate si3e or other effectie means of egress. ii ?o person shall be reuired or allowed to enter any confined space as is referred to in sub§ion >1, until all practicable measures hae been taken to remoe any gas, fume, apour or dust, which may be present so as to bring its leel within the permissible limits and to preent any ingress of such gas, fume, apour or dust and unless: >1 a certificate in writing has been gien by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, apour or dust or >+ 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. Safety f u$ld$n and *a#h$nery< Se#t$n &03 nder $ection 46, if it appears to the (nspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such condition that it is dangerous to human life or safety, he may sere on the occupier or manager or both of the factory an order in writing specifying the measure which in his option shall be adopted and reuiring them to be carried out before a specified date. Welfare-
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Wash$n fa#$l$t$es Se#t$n- &23 The importance of washing facilities was emphasi3ed by the
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The $tate )oernment may, according to $ection 4B, make rules reuiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed a canteen or canteens shall be proided and maintain by the occupier for the use of the workers. Shelters, rest r*s and lun#h r*s Se#t$n- &=3 $ection 4C, lays down that in eery factory wherein more than one hundred and fifty workers are ordinarily employed, adeuate and suitable shelters or rest rooms and a suitable rest rooms and a suitable lunch room, with proision for drinking water, where workers can eat meals brought by them, shall be proided and maintained for the use of the workers. @ut any canteen maintained in accordance with the proisions of $ection 4B shall be regarded as a part of the reuirements of this sub§ion, and where a lunch room e!ists no worker shall eat any food in the work&room. )re#hes Se#t$n &'3 The
RE"ERRE: )ASE
?n$n )ar$de )r6rat$n Et# 4s ?n$n f Ind$a Et# Et# n 7 O#ter, 1%%12
@ude*ents
A'0 @hopal )as =isaster >;rocessing of 'laims Act 1985, $ections ,4,90 $ettlement of claims before the ape! 'ourt& not affording DFairness hearing-& ?on&incorporation of reopener& clause& %hether itiates the settlement& reiew of settlements& if set 2
indiananoon.or!
aside by court& whether court has inherent "urisdiction to order restitution of the found to the company reiew proceeding court would not refuse to afford opportunity to parties on rigid technical grounds& in case funds found inadeuate in future& whether nion of (ndia as welfare state to make good the deficiency& whether settlement could be set aside on mere possibility that medical documentation and category were faulty and figures of arious kind of in"uries and disablement were undependable& 7iability of tortfeasor& Award of compensation& To be proportionate to economic superiority of the offender. 'onstitution of (ndia, 19560 Article 1B, 1C, 19&A, 14+, 1450 (nherent "urisdiction under article 1B and 14+ to withdraw or transfer and financially dispose of the main suits and pending criminal proceedings in the court of hearing of appeals arising out of interlocutory order since suits whether taken away by Article 19&A& %ords D'ause or matter- appearing in Article 14+ meaning and scope of ape! courts power to uash criminal courts orders recording settlement between parties such agreements if opposed to public policy. %hether oid and order of settlement liable to be set aside special leae "urisdiction& ?ature and scope of main ob"ect to meet ends of "ustice& Een specific proisions for appeal under the 'onstitution of other laws not to limit the "urisdiction& D$tifling of prosecution doctrine-& %hether attracted where the motie is to drop criminal as also ciil proceeding doctrine of restitution& %hether applicable to appeals under Article 1B& 'onferment of immunity from criminal proceedings& %hether legislatie function& %hether amongst to preferential treatment& $ettlement determined whether nion of (ndia as welfare $tate to make good the deficiency. 'iil ;rocedure 'ode, 19680 order (((, rule @ $ections 11+ and 1140 $ettlement recorded by court& ;rinciples of natural "ustice& ;ersons whose interest affected not made co&nomine parties& order recording settlement not preceded by notice to such persons& %hether renders the proceedings oid& =octrine of restitution& Applicability of 7aw of Torts0 Gass tort action& 'ourt assisted settlement& ?on&affording of pre&settlement DFairness #earing- and non&incorporate of Dreopenerclause in the settlement& %hether itiate the settlement& Assessment of once and for all damages in personal in"ury actions& unforeseen but likely future manifestation of the in"ury& an important factor to be kept in mind. Administratie law0 ;rinciples of natural "ustice& Audi alteram pattern rule& ?on&compliance with the rule& of to be iewed in circumstantial fle!ibility. ;ractice and procedure0 ;lea of inalidity based on public policy& ?ot barred by rule of estoppel. ;rocedural technicalities& to yield to paramount considerations of "ustice and fairness where matter inoles moral and humanitarian considerations.
)ON)L?SION-
The 'onstitution of (ndia proide detailed proisions for the rights of the citi3ens and also lays down the =irectie ;rinciples of the $tate ;olicy which set an aim to which the actiities of the state are to be guided. *n the basis of these =irectie ;rinciples as well as international instruments, goernment should be committed to regulate all economic actiities for management of safety and health risks at workplaces and to proide measures so as to ensure safe and healthy working conditions for eery working men and women in the nation. )oernment should recogni3e that safety and health of workers has a positie impact on productiity and economic and social deelopment. ;reention is an integral part of economic actiities as high safety and health standard at work is as important as goods, business performance for new as well as e!isting industries.
