LABOUR LAW - II UNIT -V

The work environment has changed dramatically over the last century. Today, there is greater awareness about the health, safety, and welfare of workers. The Factories Act of 1948 is a significant piece of legislation in India that aims to protect workers’ rights. It provides essential guidelines about health, safety, and working conditions. This blog post explores the Act, focusing on health and safety provisions, working hours, the employment of young people, and the key features of the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986.

LABOUR LAW - II UNIT -V

• The Factories Act 1948

• Chapters dealing with Health, Safety and Welfare of Labour.

• Provisions Relating To Hazardous Processes

• Working Hours Of Adults

• Employment Of Young Persons

• Salient features of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986.

Chapters Dealing with Health, Safety, and Welfare of Labour

Health Provisions

Chapters on Health, Safety, and Welfare of Labour

Chapter III – Health (Sections 11 to 20)

Key Provisions:

• Cleanliness (Sec 11) – Factory premises must be clean and free from effluvia.

• Ventilation and Temperature (Sec 13) – Adequate ventilation and temperature maintenance.

• Dust and Fumes (Sec 14) – Prevention of inhalation of dust, fumes, or gases.

• Artificial Humidification (Sec 15) – Regulated and not harmful.

• Overcrowding (Sec 16) – Prescribed space per worker.

• Lighting (Sec 17) – Sufficient and suitable lighting.

• Drinking Water (Sec 18) – Safe and hygienic drinking water.

• Latrines and Urinals (Sec 19) – Sufficient and clean facilities.

• Spittoons (Sec 20) – Clean spittoons must be provided.

Chapter IV – Safety (Sections 21 to 41H)

Key Provisions:

• Fencing of Machinery (Sec 21) – Dangerous parts must be securely fenced.

• Work on or near machinery in motion (Sec 22) – Proper precautions.

• Employment of young persons (Sec 23) – Restrictions on working with dangerous machines.

• Hoists and Lifts (Sec 28) – Regular inspection and maintenance.

• Safety Officers (Sec 40B) – Appointment in factories with more than 1,000 workers.

Chapter V – Welfare (Sections 42 to 50)

Key Provisions:

• Washing facilities (Sec 42) – Clean and conveniently accessible.

• Facilities for storing and drying clothing (Sec 43) – Especially for workers in wet processes.

• First-aid appliances (Sec 45) – One first-aid box per 150 workers.

• Canteens (Sec 46) – Mandatory in factories with more than 250 workers.

• Restrooms and Lunchrooms (Sec 47) – For factories with more than 150 workers.

• Creches (Sec 48) – For children of women workers.

• Welfare Officers (Sec 49) – In factories with more than 500 workers.

The Factories Act 1948 sets out clear guidelines to protect the health of factory workers. For instance, it requires all factories to provide clean drinking water and adequate sanitation facilities. About 60% of work-related illnesses stem from poor hygiene and unsafe environments. By ensuring clean workplaces, the Act contributes significantly to reducing these health issues.

Moreover, the Act emphasizes proper ventilation to prevent workers from being exposed to harmful fumes. This can include anything from ensuring good air circulation in a textiles factory to installing exhaust systems in chemical plants. Implementing such measures not only ensures compliance but also enhances overall worker productivity.

Safety Measures

Workplace safety is crucial, and the Factories Act outlines specific safety measures employers must follow. For example, all factories are required to supply Personal Protective Equipment (PPE), such as gloves and helmets, to their employees. Studies show that workplaces with effective safety programs can reduce injury rates by up to 40%.

Additionally, factory management must conduct regular safety audits to identify hazards and address them proactively. Training sessions to inform staff about safety protocols help create a culture of safety. This leads not just to fewer accidents, but also motivates workers when they see their safety is prioritized.

Welfare Provisions

The Act goes beyond health and safety; it also emphasizes workers' welfare. For example, companies are encouraged to provide facilities like crèches for nursing mothers and canteens for meals. A work environment that supports employee needs can lead to a 25% drop in turnover rates. Providing these amenities helps workers feel valued and improves overall job satisfaction.

Moreover, having rest areas ensures that employees can take necessary breaks. This contributes positively to mental health, reducing stress and fatigue, which often translates into higher efficiency at work.

Provisions Relating to Hazardous Processes

Identification of Hazardous Processes

Provisions Relating to Hazardous Processes (Section 41A to 41H)

• Definition – Processes that pose serious risk to health or life.

• Constitution of Site Appraisal Committee (Sec 41A)

• Compulsory disclosure of information by occupier (Sec 41B)

• Health and Safety Policy (Sec 41B)

• Safety Committees (Sec 41G) – Required in factories with hazardous processes.

• Workers' right to warn (Sec 41H) – Workers can report imminent dangers.

Certain industrial processes are classified as hazardous, requiring special attention. This includes industries that handle dangerous chemicals or operate high-pressure systems. Under the Factories Act, stringent guidelines mandate risk assessments for these processes.

Failing to properly identify hazards can lead to serious incidents. Historical data indicates that over 30% of industrial accidents are tied to unidentified risks. Companies must recognize these hazards to protect the health and safety of their employees.

Safety Regulations

For processes deemed hazardous, employers must adhere to specific safety protocols. This includes preparing Safety Data Sheets (SDS) for any hazardous material and conducting employee training to understand the risks involved. Regular safety drills are also essential.

Keeping records of any incidents helps in assessing how effective safety measures are. This ongoing documentation helps refine safety practices and ensure a safer working experience for everyone.

Working Hours of Adults

Standard Working Hours

 Working Hours of Adults (Chapter VI, Sections 51 to 66)

• Weekly Hours (Sec 51) – Max 48 hours per week.

• Daily Hours (Sec 54) – Max 9 hours per day.

• Intervals for Rest (Sec 55) – At least half-hour rest after 5 hours of work.

• Weekly Holidays (Sec 52) – One day off every week.

• Spread-over (Sec 56) – Not more than 10.5 hours a day.

• Night Shifts (Sec 57) – For work extending beyond midnight.

• Extra wages for overtime (Sec 59) – Double wages for overtime work.

The Factories Act defines standard working hours for adult employees, typically set at eight hours a day and 48 hours a week. This regulation helps prevent worker exploitation and ensures a balanced workload. Employers must also compensate for overtime, promoting fairness in wages across the board.

Rest and Breaks

The Act emphasizes the importance of regular breaks. Workers are entitled to scheduled rest periods each day. Such provisions serve to reduce fatigue, which is critical. When workers are well-rested, studies show productivity can increase by 20%, helping the business as a whole.

Employment of Young Persons

Prohibition of Child Labour

Employment of Young Persons (Chapter VII)

• Prohibition of Employment of Children below 14 (Sec 67)

• Adolescents (15 to 18 years) – Can be employed only with a fitness certificate (Sec 68-69).

• Working hours for children (Sec 71) – Not more than 4.5 hours/day; no night shift.

• No employment in hazardous occupations (Sec 87)

The Factories Act specifically prohibits the employment of children under the age of 14 in factories. This commitment protects children from harmful working conditions, allowing them the chance to pursue education. While respecting labor laws, society can ensure that children are not deprived of their right to learn and grow.

Restrictions on Working Hours

For young workers aged 14 to 18, the Act sets strict limits. They cannot work more than six hours a day and must have longer breaks than adult workers. These measures are essential for the health and development of young people, allowing them time for studies and personal growth.

Salient Features of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986

Prohibition of Child Labour

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

Salient Features:

• Child: Person below 14 years.

• Adolescent: Person between 14–18 years.

Key Provisions:

• Prohibition of employment of children (Sec 3) – In any occupation or process.

• Prohibition of hazardous work for adolescents (Sec 3A) – No adolescent in hazardous occupations.

• Regulation of conditions for adolescents (Sec 7) – Working hours, rest, etc.

• Penalties – Strict punishments for employers violating provisions.

Amendment (2016 Highlights):

• Complete prohibition of employment of children below 14.

• Adolescents allowed to work in non-hazardous processes.

• Increased fines and imprisonment for violations.

The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 complements the Factories Act by explicitly banning child labor in hazardous jobs. This Act was created to protect children from the dangers associated with certain occupations that could harm their health and future.

Regulation of Adolescent Employment

While the Act prohibits child labor, it allows adolescents between the ages of 14 to 18 to work in non-hazardous environments under strict guidelines. This ensures young workers can contribute to the economy while prioritizing their health, education, and overall well-being.

Enforcement Mechanisms

To promote compliance, the Act employs strict enforcement strategies, including regular inspections and penalties for violations. Legal actions against non-compliant employers help deter violations and foster respect for labor laws, crucial for protecting vulnerable workers.

Promoting Education

One of the key aims of the Child and Adolescent Labour Act is to increase educational access for children. It works alongside initiatives to boost school enrollment, ensuring that all children receive an education and that their futures are secured.

By guarding against child labor, the Act helps pave the way for a more skilled and educated workforce in India.

Moving Forward with Worker Welfare

The Factories Act of 1948 and the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 mark important advancements in protecting workers' rights in India. Their comprehensive guidelines for health, safety, and child welfare provide vital protection for the labor force.

As we continue to evolve as a society, the awareness and enforcement of these regulations are essential. Protecting workers, especially those most vulnerable like children and adolescents, is not only a legal responsibility but a moral one that benefits everyone involved—workers, employers, and the community.

By adhering to these safeguards and continually striving to improve labor standards, we can work toward a future where every worker is respected and valued.