CAT Industrial Law Part B (Vaheedali) PDF

CMA CAT APPLIED BUSINESS INDUSTRIAL LAWS PART - B MUHAMMED VAHEEDALI INDUSTRIAL LAWS PART - B Student’s Name …………………………………………….. Batch Name ………………………………………………… Subject ……………………………………………………… Address …………………………………………………….. ………………………………………………………………. ………………………………………...

CMA CAT APPLIED BUSINESS INDUSTRIAL LAWS PART - B MUHAMMED VAHEEDALI INDUSTRIAL LAWS PART - B Student’s Name …………………………………………….. Batch Name ………………………………………………… Subject ……………………………………………………… Address …………………………………………………….. ………………………………………………………………. ………………………………………………………………. Contact Number ……………………………………………..  INDEX Chapter Chapter / Topic Name Page No. No. 5 FACTORIES ACT, 1948 & SHOP AND ESTABLISHMENT ACT  CHAPTER - 5 FACTORIES ACT, 1948 & SHOP AND ESTABLISHMENT ACT REGULATORY FRAMEWORK Factories Act, 1948 is an Act to consolidate and amend the law regulating labour in factories. OBJECT OF THE ACT 1. Factories Act is a social legislation and it provides for the health, safety, welfare and other aspects of the workers in the factories. 2. The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. 3. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety. APPLICABILITY OF THE ACT 1. It extends to the whole of India. 2. It applies to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months. But it does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place. 3. The benefits of this Act are available to persons who are employed in the factory and be covered within the meaning of the term “worker” as defined in the Act. But the definition of worker excludes any member of the armed forces of the Union. DEFINITIONS Term Definition “Adult” Adult means a person who has completed his eighteenth year of age “Adolescent” Adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year “Calendar Calendar Year means the period of twelve months beginning with the Year” first day of January in any year “Child” Child means a person who has not completed his fifteenth year of age “Competent Means a person or an institution recognized as such by the Person” ChiefInspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act  “Hazardous Hazardous process means any process or activity in relation to an Process” industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye- products, wastes, or effluents thereof would: i. cause material impairment to the health of the persons engaged in or connected therewith, or ii. result in the pollution of the general environment Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry, specified in the said Schedule. “Young Person” Young person means a person who is either a child or an adolescent “Week” Week means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories. “Prime Prime mover means any engine, motor or other appliance which mover” generates or otherwise provides power. “Manufacturing Process” Manufacturing Process means any process for: 1. Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, any article or substance with a view to its use, sale, transport, delivery or disposal, or 2. Pumping oil, water, sewage or any other substance, or 3. Generating, transforming or transmitting power, or 4. Composing types for printing, printing by letter press, or 5. Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels, or 6. Preserving or storing any article in cold storage. An important necessity for any premises to be regarded as a ‘factory’ is, that a “manufacturing process” should be conducted within the premises. “WORKER” Worker means a person employed, directly or by or through any agency with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union. “FACTORY” Factory means any premises including the precincts thereof: 1. Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or 2. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. “OCCUPIER” Occupier of a factory means the person who has ultimate control over the affairs of the factory, Provided that: 1. In the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier, 2. In the case of a company, any one of the directors shall be deemed to be the occupier, 3. In the case of a factory owned or controlled by the Central or any State Government, the person or appointed to manage the affairs of the factory by the respective Government, shall be deemed to be the occupier. It is provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, The owner of the dock shall be deemed to be the occupier. It is provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, The owner of the dock shall be deemed to be the occupier. EXEMPTION OF OCCUPIER OR MANAGER FROM LIABILITY IN CERTAIN CASES 1. Section 101 provides exemptions from liability of occupier or manager. 2. It permits an occupier or manager of a factory who is charged with an offence punishable under the Act to bring into the Court any other person whom he charges actual offender and also proves to the satisfaction of the Court that: i. he has used due diligence to enforce the execution of this Act, and ii. that the offence in question was committed without his knowledge, consent or connivance, by the said other person. 3. The other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory. GROUP/RELAY/SHIFT Where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a “group” or “relay” and each of such periods is called a “shift”. Statutory Agencies and their powers for enforcement of the Act 1. The State Government to make rules for references to time of day where Indian Standard Time, being 5-1/2 hours ahead of Greenwich Mean-Time. 2. The State Government can, either independently or upon request from a factory owner, issue a written order with specific conditions to consider different parts of a factory as separate factories or merge two or more factories into one for the purposes of this act. 3. In any case of public emergency the State Government may, exempt any factory or class or description of factories from all or any of the provisions of this Act. It is provided that no such notification shall be made for a period exceeding three months at a time. 4. If on an application for permission accompanied by the plans and specifications, sent to the State Government or Chief Inspectors by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. 5. Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case. 1. Inspectors Appointment: Section 8 empowers the State Government to appoint Inspectors, Additional Inspectors and Chief Inspectors. Section 8(2) empowers the State Government to appoint any person to be a Chief Inspector. To assist him, the government may appoint Additional, Joint or Deputy Chief Inspectors and such other officers as it thinks fit. Every District Magistrate shall be an Inspector for his district. The State Government may appoint certain public officers, to be the Additional Inspectors for certain areas assigned to them. The appointment can be made only by issuing a notification in the Official Gazette. A Chief Inspector is appointed for the whole State. He shall in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. Therefore, if a Chief Inspector files a complaint, the court can legally take cognizance of an offence. Powers of Inspectors An Inspector may, within the local limits for which he is appointed, exercise the following powers: 1. Enter, with such assistants, or with an expert as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory, 2. Make examination of the premises, plant, machinery, article or substance, 3. Inquire into any accident or dangerous occurrence,  4. Require the production of any prescribed register or any other document relating to the factory, 5. Seize, or take copies of, any register, record or other document, 6. Direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed for so long as is necessary for the purpose of any examination, 7. Take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination, 8. In case of any article or substance found in any premises, which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled and take possession of any such article and detain it for so long as is necessary for such examination. 2. Certifying surgeons The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act, A certifying surgeon may, with the approval of the State Government, authorize any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify, No person shall be appointed to be, or authorized to exercise the powers of a certifying surgeon, or having been so appointed or authorized, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein. The certifying surgeon shall carry out such duties as may be prescribed in connection with: 1. The examination and certification of young persons under this Act, 2. The examination of persons engaged in factories in such dangerous occupations or processes, 3. The exercising of such medical supervision as may be prescribed for any factory where: i. Cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, ii. By reason of any change in the manufacturing process carried on or in the substances used therein, there is a likelihood of injury to the health of workers employed in that manufacturing process, iii. Young persons are, or are about to be, employed in any work which is likely to cause injury to their health. 3. Welfare Officer The Act imposes statutory obligation upon the occupier of the factory of the appointment of Welfare Officer/s wherein 500 or more workers are ordinarily employed 4. Safety Officer Section 40-B empowers the State Government for directing a occupier of factory to employ such number of Safety Officers as specified by it where more than  1,000 workers are employed or where manufacturing process involves risk of bodily injury, poisoning or disease. DUTIES OF OCCUPIER / MANUFACTURER 1. Notice by occupier : A written notice shall be sent by the occupier at least fifteen days before he begins to occupy or use any premises as a factory, to the Chief Inspector. The notice shall contain following details: i. The name and situation of the factory, ii. The name and address of the occupier, iii. The name and address of the owner of the premises, iv. The address to which communications relating to the factory may be sent, v. The nature of the manufacturing process: a) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and b) to be carried on in the factory during the next twelve months in the case of all factories; vi. the total rated horse power installed, vii. the name of the manager of the factory, viii. the number of workers likely to be employed in the factory, In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified above within thirty days from the date of the commencement of this Act. The occupier shall send a written notice to the Chief Inspector containing the particulars specified above at least thirty days before the date of the commencement of work, in case of a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, Notice of appointment of new manager: Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge. Manager, Deemed Occupier: During any period for which no person has been designated as manager of a factory, any person found acting as a manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory. 2. General duties of the occupier Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Apart from general provisions the matters covered under this duty of the occupier: i. the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health,  ii. the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances, iii. the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work, iv. the maintenance of all places of work in the factory in a condition that is safe and without risks to health, v. the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health. 3. General duties of manufacturers It casts an obligation on every person who designs, manufactures, imports or supplies any article for use in any factory that he shall: i. Ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used, ii. Carry out or arrange for the carrying out of such tests and examination as may be considered necessary, iii. Take such steps as may be necessary to ensure that adequate information will be available a. in connection with the use of the article in any factory, b. about the use for which it is designed and tested, and c. about any conditions necessary to ensure that, when put to such use, will be safe, and without risks to the health of the workers. It is provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see: (a) that the article conforms to the same standards if such article is manufactured in India, or (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. MEASURES TO BE TAKEN BY FACTORIES FOR HEALTH, SAFETY AND WELFARE OF WORKERS HEALTH 1. Cleanliness: It states that every factory shall be kept clean and in particular: i. Accumulation of dirt and refuse shall be removed daily by sweeping, ii. The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, iii. Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained, iv. All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall:  a) Where they are painted otherwise than with washable water-paint or varnished, be repainted or revarnished at least once in every period of five years, b) Where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months, c) Where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months, d) In any other case, be kept whitewashed or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months. v. All doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years. 2. Disposal of wastes and effluents Every occupier of a factory shall make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on in the factory so as to render them innocuous and for their disposal. 3. Ventilation and temperature Every factory should make suitable and effective provisions for securing and maintaining: i. adequate ventilation by the circulation of fresh air, and ii. such a temperature as will secure to the workers reasonable conditions of comfort and prevent injury to health. 4. Dust and fume There are certain manufacturing processes like chemical, textile or jute, which generates lot of dust, fume or other impurities. It is injurious to the health of workers employed in such manufacturing process. The following measures to be adopted in this respect: i. Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes in the work-rooms, ii. Wherever necessary, an exhaust appliances should be fitted, iii. Exhaust should be connected into the open air. 5. Artificial humidification Humidity means the presence of moisture in the air. In certain industries like cotton, textile, cigarette, etc., higher degree of humidity is required for carrying out the manufacturing process. For this purpose, humidity of the air is artificially increased. This increase or decrease in humidity adversely affects the health of workers. In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules: i. prescribing standards of humidification,  ii. regulating the methods used for artificially increasing the humidity of the air, iii. methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. 6. Overcrowding Overcrowding in the work-room does not only affect the workers in their efficient discharge of duties but their health also. The section prohibits the overcrowding in the work-rooms to the extent it is injurious to the health of the workers, the section lays down minimum working space for each worker as 14.2 cubic metres of space per worker in every workroom. For calculating the work area, the space more than 4.2 metres above the level of the floor, will not be taken into consideration. 7. Drinking water 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. All such points shall be legibly marked “drinking water” and no such point shall be situated within six meters of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent unless a shorter distance is approved in writing by the Chief Inspector. In every factory wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather 8. Latrines and urinals In every factory: i. 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, ii. separate enclosed accommodation shall be provided for male and female workers, iii. 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, iv. all such accommodation shall be maintained in a clean and sanitary condition at all times, v. sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. For the factories employing more than two hundred and fifty workers ordinarily, the floors and internal walls, up to a height of ninety centimetres, of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with disinfectants. 9. Spittoons There shall be provided, in every factory, a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. SUMMARY CLEANLINESS (Section 11) Sweeping/ Floor Wet Floor due Doors/ Varnish Washable Smooth Any Dusting Wash to Windows Water impervious other Manufacturing Paint surfaces case Daily Every Proper Drainage Paint in 5 Once in Wash in 6 Clean one Once in Week years 5 years months + in 14 14 paint in 3 Months Months years (1 coat) Disposal of wastes Ventilation and temperature Effective arrangements Adequate ventilation for the treatment of wastes Temperature reasonable and effluents Measures to reduce excessive/y high temperature Overcrowding Latrines and urinals 14.2 cubic meters of 6 meter away from drinking water space per worker 1 seat for 20 workers separate for male and female workers space more than 4.2 washed once in 7 days with detergents meters above the level of the floor, will not be taken into consideration SAFETY 1. Fencing of machinery Fencing of machinery in use or in motion is obligatory. This Section requires that following types of machinery or their parts, while in use or in motion, shall be securely fenced by safeguards: i. every moving part of a prime mover, ii. the headrace and tailrace of every water-wheel and water turbine, iii. any part of a stock-bar which projects beyond the head stock of a lathe. 2. 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 Section 21. Such examination or operation shall be carried out  only by specially trained adult male worker wearing tight fitting clothing whose name has been recorded in the register prescribed in this behalf. 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. 3. Employment of young persons on dangerous machines Any young person shall not be required or allowed to work at any machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and i. has received sufficient training in work at the machine, or ii. is under adequate supervision by a person who has a thorough knowledge and experience of the machine. 4. Self-acting machines The section provides further safeguards to the workers injured by self-acting machines. It provides that no self-acting machine in any factory 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 machine. 5. Prohibition of employment of women and children near cotton-openers No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. It is provided that 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 the partition where the feed-end is situated. 6. Hoists and lifts In every factory every hoist and lift shall be: i. of good mechanical construction, sound material and adequate strength, ii. properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months. iii. 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, iv. The maximum safe working load shall be plainly marked on every hoist or lift, v. The cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing,  vi. Every gate referred to 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. 7. Excessive weights This section 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. 8. Protection of eyes The section requires the State Government to make rules for providing the effective screens or suitable goggles for the protection of persons employed 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. 9. Precautions regarding the use of portable electric light The Act prohibits use of portable electric light or any other electric appliance of voltage exceeding 24 volts inside any chamber, tank and if any inflammable gas, fume or dust is likely to be present in such chamber, tank, no lamp or light other than that of flame proof construction shall be permitted. 10. Precautions in case of fire In every factory all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally and to provide and maintain: i. safe means of escape for all persons in the event of fire, and ii. the necessary equipment and facilities for extinguishing fire. 11. Safety of buildings and machinery (Section 40) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures, which in his opinion should be adopted and requiring them to be carried out before a specified date. If it appears to the Inspector that the use involves imminent danger to human life he may serve on the occupier or manager or an order in writing prohibiting its use until it has been properly repaired or altered. 12. Safety Officers (Section 40-B) If State Government requires, by notification in Official Gazette, the occupier shall employ such number of Safety Officers as may be specified in that notification in every factory: i. wherein one thousand or more workers are ordinarily employed, or ii. wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk  of bodily injury, poisoning or disease or any other hazard to health, to the person employed in the factory. PROVISIONS RELATING TO HAZARDOUS PROCESSES CONSTITUTION OF SITE APPRAISAL COMMITTEES 1. The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee. 2. The Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form. 3. Where any process relates to a factory owned or controlled by the Central Government the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee. 4. The Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. 5. Where the State Government has granted approval to an application for the establishment of expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER 1. The occupier of every factory involving a hazardous process shall disclose, all information regarding dangers including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority, within whose jurisdiction the factory is situate, 2. The occupier shall, at the time of registering the factory involving a hazardous process lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy. 3. Every occupier shall, with the approval of the Chief Inspector, draw up an on- site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein. POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE 1. The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of measures prescribed for the health and safety of the workers and for the prevention of such extraordinary situations in future. 2. The Committee so appointed shall consist of a Chairman and two other members. 3. The recommendations of the Committee shall be advisory in nature. EMERGENCY STANDARDS Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process it may direct the Director-General of Factory Advice Service and Labour Institutes to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC SUBSTANCES The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes in any factory shall be of the value indicated in the Second Schedule. RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health they may, bring the same to the notice of the occupier and simultaneously bring the same to the notice of the Inspector. It shall be the duty of such occupier, agent, to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forth-with of the action taken to the nearest Inspector. If the occupier, agent is not satisfied about the existence of any imminent danger he shall, nevertheless, refer the matter forth-with to the nearest Inspector. WELFARE WASHING FACILITIES In every factory , there shall be provided: 1. Adequate and suitable facilities for washing shall be provided and maintained for use of the workers therein, 2. Separate and adequately screened facilities shall be provided for the use of male and female workers, 3. Such facilities shall be conveniently accessible and shall be kept clean. FACILITIES FOR STORING AND DRYING CLOTHING The State Government may, in respect of any factory, make rules requiring the provision therein of suitable place for keeping clothing not worn during working hours and for the drying of wet clothing. FACILITIES FOR SITTING There shall be suitable arrangements for sitting in every factory and they shall be maintained for all workers obliged to work in a standing position. The provision ensures such worker may take advantage of any opportunities for rest which may occur in the course of their work. FIRST-AID APPLIANCES 1. In every factory, there shall be provided and maintained so as to be readily accessible during all working hours’ first-aid boxes or cupboards equipped with the prescribed contents. 2. At least one such box or cupboard shall be provided and maintained for every one hundred and fifty workers ordinarily employed. 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 and who shall always be readily available during the working hours of the factory. 4. There shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment in every factory wherein more than five hundred workers are ordinarily employed. 5. The ambulance shall be in the charge of such medical and nursing staff and those facilities shall always be made readily available during the working hours of the factory. CANTEENS The occupier shall provide and maintain a canteen or for the use of the workers wherein more than two hundred and fifty workers are ordinarily employed. Without prejudice in the generality of the foregoing power, such rules may provide for: 1. The date by which such canteen shall be provided, 2. The foodstuffs to be served therein and the charges, SHELTERS, REST-ROOMS AND LUNCH-ROOMS It is mandatory to provide and maintain adequate and suitable shelters and a suitable lunch-room, with provision for drinking water, where workers can eat meals brought by them in every factory wherein more than one hundred and fifty workers are ordinarily employed. CRECHES It is compulsory to provide and maintain a suitable room or rooms for the use of children under the age of six years of women in every factory wherein more than thirty women workers are ordinarily employed. Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated. LIFE IS LIKE A MCQ, SOMETIMES IT’S THE CHOICE THAT CONFUSES YOU, NOT THE QUESTION ITSELF. LET’S CRACK IT! Important Points Corporate Office Adv.Easwara Iyer Road, Kochi Kerala-682035 Branches Kochi | Calicut | Thrissur | Kottayam | Trivandrum | Kannur | Dubai IND +91 9061277777 | UAE +971 568631499 www.lakshyacommerce.com | www.lakshyaca.com