Key Notes on The Factories Act, 1948 from Nisarg Desai's Idea / Prospect

The Factories Act, 1948 is a key piece of legislation in India designed to regulate labor conditions in factories and ensure the safety, health, and welfare of workers. It applies to factories employing 10 or more workers where power is used, or 20 or more workers where no power is used. The Act sets out provisions for working conditions, working hours, safety measures, and employee welfare, aiming to protect workers from industrial hazards, including exposure to carcinogenic materials and other health risks.

• Cleanliness: Factories must maintain cleanliness, including the disposal of waste and effluents.
• Ventilation and Temperature Control: Adequate ventilation and temperature control measures must be provided to ensure worker comfort and safety.
• Dust and Fumes Control: Factories are required to control harmful dust, fumes, and other emissions to prevent health risks to workers.

• Fencing of Machinery: All dangerous machinery must be fenced off to prevent accidental injuries.
• Precautions against Dangerous Substances: Special provisions are in place to safeguard workers from exposure to dangerous substances like chemicals and carcinogenic materials.
• Worker Training: Workers should be informed and trained about the risks involved in handling hazardous materials.

• Washing Facilities: Adequate facilities for washing must be provided for workers exposed to dangerous substances.
• First Aid: Every factory must have a first-aid facility with trained personnel.
• Canteens, Restrooms, and Crèches: Factories above a certain size must provide these welfare facilities for the employees.

• Working Hours: The Act prescribes a maximum of 48 hours per week, with daily shifts not exceeding 9 hours.
• Overtime: Workers are entitled to overtime wages if they work beyond the prescribed hours.
• Annual Leave: Workers are entitled to paid annual leave depending on their length of service.

• The Act emphasizes the protection of workers from hazardous processes. It includes provisions for safety equipment, medical supervision, and inspections to minimize exposure to harmful materials like asbestos, lead, and silica dust.
• Safety Officers: Factories employing over a certain number of workers must appoint safety officers to ensure compliance with safety regulations.

• Industries that involve hazardous processes, such as chemicals or those that generate carcinogenic materials, are subject to additional regulations under Section 41A to 41H of the Act.
• Medical Surveillance: Workers in hazardous industries must undergo periodic health checks to detect any signs of occupational diseases early.

• Child Labor: The Act prohibits the employment of children below the age of 14 in factories.
• Employment of Women: There are specific provisions for regulating the working hours of women and ensuring their safety.

The Directorate of Industrial Safety and Health (DISH) in each state ensures compliance with the Factories Act. Inspections, licensing, and certifications are conducted to ensure that factories adhere to the safety, health, and welfare provisions.

The Factories Act has been amended several times, with notable amendments to improve worker safety, especially regarding hazardous industries. Factories (Amendment) Bill 2016 introduced increased penalties for non-compliance and additional safeguards for workers in hazardous processes.

The Factories Act, 1948 plays a crucial role in mitigating industrial hazards, including carcinogenic exposures, by enforcing stringent safety measures and health protocols in India’s manufacturing and engineering sectors.