Provisions of factories act relating to health safety and welfare of the workers

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Q.3:     What are the provisions of factories act relating to health safety and welfare of the workers?

Ans:     The Government of PAKISTAN realized that there is a need to bring some changes in the factory act for the welfare of the Workers. So in 1972 GOVERNMENT OF PAKISTAN amended the Factories act in 1972 to make it progressive and modern for the Workers.

 

PROVISIONS OF ACT RELATING TO HEALTH

Following provisions are available about health:

1.      CLEANLINESS

(Section 13) enjoins that the employer is required to keep the factory premises clean by daily sweeping, weekly washing. White washing once in every fourteen months, repainting in every five years and arranging for proper drainage.

2.      WASTES DISPOSAL

(Section 14) makes it binding for the employer to take proper and effective measures for the disposal of wastes and effluents resulting from the manufacturing process carried on in the factory.

3. VENTILATION

(Section 15) It is required under the Act that in every room in which manufacturing process is carried on proper arrangement should be made by providing adequate ventilation for the circulation of fresh air and also proper measures should be taken to keep the temperature of the room at such a degree that it should not affect the health of workers adversely.

4.      DUST & FUME

(Section 16) In every room where due to manufacturing process dust and fumes or any other jimpurity of that nature is the workers to safeguard their health from the injurious effects must adopt created proper measures to avoid their accumulation and their inhalation

5. HUMIDITY

(Section 17) Where the manufacturing process creates so much heath that it consumes all the moisture present in the atmosphere proper and effective arrangements must be made to create humidity necessary to save the human skin from cracking and also for keeping the room cool

6.      OVER-CROWDING

(Section 18) No factory should allow overcrowding in any room, which may prove injurious to the health of workers. For the purpose of over-crowding being removed the measure, which has been provided by this Act, is that in case of factories, which were built before the amendment of 1972, there must be a space of 350 cubic feet for one person and for the factories built after this amendment a space of 500 cubic feet must be allowed. Provision of lesser space will be considered a contravention of the provision and the employer will have to undergo the punishment provided for the contravention

7. PROPER LIGHTING

(Section 19) provides that there should be sufficient and suitable lighting in each part of the factory where workers are performing their duties.

8.      DRINKING WATER

(Section 20) According to this section there should be a proper arrangement of drinking water supply for the workers.

9. LATRINE FACILITY

Neat and clean latrines should be provided in the factories to the workers.

10.   PROPER DEGREE OF TEMPERATURE

Proper degree of temperature is essential for the health of the employees- So according to Section 15 the employers must arrange for proper degree of temperature in the rooms where the employees do work.

11.  SPITTOONS FACILITIES

According to Section 22, every employer is required to provide sufficient numbers of spittoons to be kept at convenient place in clean and hygienic conditions.

 

PROVSIONS OF ACT RELATING TO SAFETY

Following provision of act relate to safety:

1.      FENCING MACHINERY

(Section 26) It has been laid down with the details of those parts of machinery which can prove to be dangerous for the workers while working, that if they are left unfenced then it is the duty of the employers to keep all such machinery fenced in such away that no moving part should come in contact with the body or the clothes of the worker. Only those pans are allowed to remain unfenced which when left unfenced will not prove in any way dangerous to the workers.

2.      WORMS ON MACHINERY

(Section 27) It has been laid down with stress that the job of lubricating adjusting or examining the working of a machine should only be done by workers who are specially trained for such purposes and their names and particulars should be kept in the register kept in the factory for this purpose. Further, it is to be seen that they are dressed in tight fitting clothes and must only be male adult workers. No female worker or a child or an adolescent should be allowed to work on these jobs. Besides these restrictions such trained workers have also been directed to take certain precautions, which are:

(a)        They shall not handle a belt of a moving pulley unless the belt is less than 6 inches in width and unless the joint is either laced or flushed with the belt.

(b)        Every set screw, bolt and key on any revolving shift, spindle, wheel or pinion and all spur, worn and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such a contact. No woman or young person shall be allowed to clear lubricate or adjust any part of a prime mover or any transmission machinery when the prime mover is in motion. They cannot also be allowed to clean, lubricate or adjust any part of any machine if these jobs expose such women and children to. Risks of injury from any moving part of that machine or any machine fixed adjacent to it.

3.      ADDITIONAL SAFEGUARDS

Additional safeguards should be provided to the worker in connection with the transmission of machinery.

4.      REVOLVING MACHINERY

The above section always down that the effective steps must be taken in every factory to ensure the safe worker of revolving machinery.

5.      EXCESSIVE WEIGHT

Any factory any person will not be employed to lift or move any weight, so heavy which cause him in injury.

6.      PROTECTION OF EYES

According the above provision it is necessary to provide the goggles or screen for the protection of eyes to the workers.

7. SAFETY OF BUILDING

According to it if building or machinery of the factory is not in a proper condition and dangerous for human health and safety the inspector can suggest measures to the manager in writing.

Factories Act Sec 26 to 33 (j) all are related to the safety and health of the workers.

8.      PROSTITUTION AGAINST DANGEROUS MACHINES

(Section 28) No young person shall be allowed to work on any machine, which is considered by the Provincial Government as dangerous for being worked by young persons. There is an exception which allows young persons to work on such machines and that is in two cases:

When that young person is fully instructed regarding the danger, which can arise, and the precautions are taken to avoid that danger.

When he has received sufficient training in the work at the machine or is under proper supervision by a person who has a thorough knowledge and experience of work on such a machine

9.      EFFICIENT MECHANICAL APPLIANCES

(Section 29) In every factory suitable striking gear or other efficient mechanical appliances shall be provided and maintained for moving driving-belts to and from fast and loose pulleys, which form part of the transmission machinery. Such gear of appliances shall be so constructed, placed and maintained as can prevent the belt from creeping back on the fast pulleys- Driving belts when not in use shall not be allowed to rest or ride upon shaft in motion. In every factory suitable devices for cutting off power in emergency shall be provided and maintained in every room.

10.  SELF ACTION MACHINES

(Section 30) No traversing part of a self-acting machine in any factory and no material carried upon them shall, if the space over which It runs is a space over which any person is liable to pass in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of eighteen inches from any fixed structure which is not a part of the machine.

11.  CASING OF NEW MACHINES

(Section 31) After the Amendment Ordinance 1972 it has become incumbent upon all sellers, hirers or agents to encase all new machinery which is power-driven or to make such devices that every possible danger should be avoided Any negligence on the pan of such persons has been made punishable with three months imprisonment or tine to the extent of five hundred rupees..

12.  PROHIBITION AGAINST COTTON OPENERS

(Section 32) No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. This prohibition will not be effective where women and children are employed in a room where the delivery end is situated and there is a partition wall, which is up to the roof, and there is no door opening in the partition wall.

13.  CRANES AND LIFTING MACHINES

(Section 33) The provisions made with regard to such machinery or every part of such machinery including the working gear which may be fixed or moveable lay down that ropes and chains, anchoring and fixing appliances, must be of good construction sound material and adequate strength which are properly maintained. They must be thoroughly examined by a competent person. They should not be overloaded and the load capacity must be dearly marked on them. There must be taken effective to see that the travelling cranes do not approach within a distance of 20 feet of the place where the man working on them is placed In short every precaution is to be taken to avoid any sort of risk to the worker.

14.  HOISTS AND LIFT IN USE

(Section 33A) In every factory where hoists and lifts are in use the requirements are that they must be constructed of sound material of adequate strength with sound mechanical construction. They should be properly maintained and checked by a competent person every six months. The lift way or hoist way shall be sufficiently protected by an enclosure fitted with gates. The enclosure should be constructed in such a manner that no person or thing may be trapped between any part of the hoist or lift. The load capacity should be marked on them and they should not be loaded beyond that capacity. The cage of every hoist and lift used for the purpose of carrying person shall be fitted with gates on each side from which access is afforded to a landing. Every gate shall be fitted with interlocking or any other device which must not allow the gates to open before the cage reaches the landing place and also that the cycle should not move unless the gates are closed.

15.  PRECAUTION AGAINST FAILS

All the precautions against falls of employees must be taken. For this purpose, all the floor, stairs, passage and ways must be of sound and they should be properly maintained,

 PRECAUTIONS AGAINST

According to Section 25, every factory shall provide all possible means of escape in case of fire

 

OTHER PRECAUTIONS

(Section 33D) Ail means of access such as floors, stairs passages and gangways must be of sound construction and should be properly maintained. These should also be provided handrail to make them safer.

If pates, sumps, opening in floor are present which may cause any danger they should either be properly covered or fenced.

(Section 33 F) No factory shall employ and person to carry, move or lift any weight, which may cause any sort of Injury to him,

(Section 33 G) It is the duty of the employer to provide, to the workers who are employed’ on work which involves injury to the eyes, such device or goggles for their protection which are prescribed by the Provincial Government. This will mean that protection to eyes is to be provided where particles fly from the job or the process produces excessive light.

(Section 33 K) No person shall be permitted to enter any pit, pipe, tank etc. where dangerous fumes are likely to be present until and unless those places are provided with the means of exhausting the fumes or the man entering is provided with such dress and mask which can protect him from the effects of such fumes.

These precautions are mentioned in Section 25 and make it necessary for the employer to provide all such means which make the exit of people in case of fire breaking out so easy that no delay takes place and all workers are made to know them so that they may not commit any mistake in escaping from the locality where fire has broken out.

(Section 33 J) Whenever the Inspector of Factories feels that certain building of a factory or fixed machine has become dangerous for human life he may serve a notice to this effect upon the employer directing him to get it corrected within a fixed time. He can also serve a notice that a certain part of the building or certain machine, which has become imminently dangerous to human life should not be used until corrected.

 

PROVISIONS RELATING TO WELFARE

The factory Act also contains the following provisions regarding the welfare of the employees.

1.      WASHING FACILITIES
All the employees are required to provide and maintains separate and adequate washing facilities to male and female workers. They must be at approachable place and must be kept in clean conditions.
2.      CANTEEN FACILITY:
All the factories where 250 or more workers have been employed are bound to provide adequate canteen facilities at proper rates to its employees.
3.      FIRST AID FACILITIES
All the employers are required to have adequate first aid facilities at the spot where work is done in order to face any emergency.
4.      SITTING FACILITIES
In every factory suitable sitting facilities should be provided to those workers who have to work in standing position in order to avail every chance of rest during work.
5.      ROOMS FOR CNILDRENS
Every factory where more than fifty women are employed ordinarily is required to provide a suitable room or rooms for the use of children belonging to these women. These rooms should be under the charge of women specially trained in the care of children. These rooms should be properly maintained and kept in clean conditions.
6.      WELFARE OFFICERS

In every factory where 500 or more workers are ordinarily employed, the manager or the occupier shall employ such number of welfare officers, having sufficient qualification for the performance of each duty under such terms and conditions as may be prescribed.

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