Factories and private establishments must adhere to certain preventive measures in order to ensure the well-being of employees and to safeguard the overall business as well. Various Acts in the Constitution of India provide different provisions that direct factories and private institutions to take specific preventive measures to avoid any mishap while carrying out their day-to-day work.
Factories Act, 1948
Cleanliness
It is imperative to keep the factories clean and clear of any effluvia that may arise from drains, pipes, private areas, washrooms, etc. Cleanliness is a vital part of any factory as any form of unhygienic environment may not only harm the employees and damage the products being manufactured, but also lead to potential accidents in the factory’s premises.
All dirt and dust should be thoroughly cleaned from the floors, staircases, washrooms, and other similar places. Usage of disinfectants is advised to effectively maintain cleanliness standards.
- Disposal of Wastes and Effluents
Appropriate systems should be set up in all factories and private establishments for effective disposal of effluents and waste of the manufacturing process. Decent arrangements should be made to render such waste safe before it is appropriately disposed of.
- Ventilation and Temperature
Adequate ventilation systems should be created for smooth circulation of fresh air into the factory/private establishment premises. In addition, the workroom shall be responsible to maintain an optimal temperature in the premises, so that workers are comfortable and safe from any potential injury to their health. The premises should have walls and roofs made of materials that do not allow temperature beyond apt levels.
The nature of the work being carried out on in the premises of the factory/private establishment should be considered while designing the infrastructure, as it can play a vital role in understanding the temperature changes that shall take place once the day-to-day work begins.
It is necessary to set up exhaust systems to prevent accumulation of fumes that are released as part of the manufacturing activities. It is important to do so to avoid any potential harm to the health of the workers employed in the factory/private establishment.
No internal combustion engines shall be operated in factories until an apt passage of exhaust in open air is installed. In addition, no other internal combustion engines shall be operated unless effective measures are taken to prevent accumulation of fumes that may cause serious health issues.
Considering the workers will be moving through different parts of the factory/private establishment, appropriate lighting systems, which includes both natural and artificial lights, should be installed in the premises. The shadows created and glares from lights, both natural and artificial, can cause extensive strain on the workers and even increase the risk of accidents in the premises. Therefore, installing sufficient lights in the entire factory/private establishment is very important for the well-being of the workers.
Appropriate supply of drinking water must be made available and maintained regularly to ensure it is conveniently available for everyone employed at the factory/private establishment. The drinking water point must not be set up anywhere within six meters of any washroom, urinal, spittoon, any open drain that is carrying sullage of effluents, or any other potential source of contamination.
Any factory that has more than 250 employees must have arrangements for cool drinking water during the hot weather for the employees.
Factories/private establishments must have properly lit, ventilated and clean washrooms/urinals for male and female workers. Cleaning staff must be employed, who will be primarily responsible for keeping the washrooms, urinals and washing points clean.
Every factory must have an ample number of spittoons in convenient spots, which should be maintained and kept in a clean and hygienic condition at all times. No one shall be allowed to spit anywhere else and a notice stating the provisions and penalties for violating such rules shall be prominently displayed at adequate places in the premises of the factories/private establishments.
Safety Measures
Section 21 to 41 of the Factories Act, 1948 include provisions with respect to safety measures that must be taken by factories.
All moving parts of machines, all parts of electric generators, motor or rotary converters, transmission machinery, or any other dangerous parts should be adequately secured by fencing such areas. Substantial construction shall be made to safeguard such parts and maintained regularly to ensure the welfare of the workers employed at the factories.
In case the machinery needs to be examined while running or handled as part of the maintenance process, it must only be done under the supervision of an authorized individual while taking all necessary precautions.
Proper safety gears like eye protection gear, helmets, gloves, should be arranged and provided to all workers employed at the factories.
Hoists and lifts installed must be made from good quality materials and have good mechanical construction along with good strength and durability. It should be maintained properly by a professional at least once every six months. A register must be maintained to record the findings of the examinations conducted as part of the maintenance process.
If the manufacturing process of any factory involves a risk of injury to eyes from fragments or particles thrown off or due to exposure to excess light, it is mandatory to provide adequate screens or googles to safeguard employees from any potential harm.
- Precautions Against Dangerous Fumes, Gases, etc.
No one shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue, or other confined areas of any factory where gas, fume, vapor or dust may be present at levels that can harm the workers. This must only be done if there is a manhole of adequate size or any other means to access such places.
- Explosive or Inflammable Dust, Gas, etc.
In any factory where any manufacturing process produces dust, gas, fumes, or vapor to an extent that it can explode on ignition, all possible precautions must be taken to prevent any such incident by effectively enclosing the place or machinery used in the process, removing or preventing such dust, gas, fume or vapor from accumulating, and installing necessary equipment to extinguish fire.
- Precautions in Case of Fire
All possible measures must be taken in order to prevent a fire outbreak and potentially spreading to a wide area, both internally and externally, and to provide and maintain adequate means of escape for all persons in the event of a fire and the equipment necessary to extinguish fire.
- Safety of Buildings and Machinery
If an inspecting officer finds any building or part of the building, or any machinery or plant in factory to be in a condition that can be potentially dangerous to human life, they may serve a notice to either the occupier, manager or both and state appropriate measures that must be taken and a specified date by which they shall be required to complete the mentioned processes.
Shop and Establishment Act, 1948
The Shop and Establishment Act is applicable on establishments like shops, commercial establishments, residential hotels, restaurants, eating joints, theatres, and other places of public amusement or entertainment. Some of the preventive measures listed under the Act are mentioned below.
- Prohibition on Child Labor
No one is allowed to employ any child (below 14 years) as domestic workers in any establishment even if the child is a member of the employer’s family. They may not be asked to work in establishments like dhabas (roadside eateries), restaurants, hotels, motels, teashops, resorts, spas, or in any other recreational centers, as children under 14 years have been completely banned from labour since 2016 as notified by an amendment under the Child Labor (Prohibition & Regulation) Act, 1986.
No adult shall be employed or allowed to work for more than nine hours on any day or more than 48 hours in any week. No young individual shall be allowed or required to work as an employee or otherwise between 9 p.m. and 7 a.m. during summers and between 8 p.m. and 8 a.m. during the winter season.
Furthermore, every employee must be allowed to rest for a consecutive 24-hour period (weekly holiday) in every week.
- Intervals for Rest and Meals
The work period of an adult employee on any day must be fixed in such a way that they do not have to work continuously for more than five hours. Besides, no employee should be allowed to work for more than 5 consecutive hours without taking at least a half an hour break for rest and/or meals.
Establishments must be kept clean and free of any effluvia that may arise from drains or any other similar agents. The premises must be thoroughly cleaned regularly and in ways as prescribed by any authority in order to achieve the cleanliness standards. Some ways that may be prescribed for cleaning are lime washing, color washing, painting, and disinfection.
The entire premises should be adequately lighted and ventilated during all working hours. This helps to ensure that the health of workers is not compromised due to lack of visibility or absence of breathable air in the premises.
If an inspector finds that any establishment is not lit or ventilated properly in their jurisdiction, they may serve an order to the employer that specifies the necessary steps they must take to meet the legal standards along with a date by which they shall be expected to complete the order issued.
Every establishment must have adequate arrangements of drinking water for all the employees.
- Precautionary Steps Against Fire
Every establishment must be set up keeping the prescribed fire precautions in mind and install necessary equipment, like fire extinguishers, in the premises.
The provisions of Workmen’s Compensation Act, 1923 (VIII of 1923) and of Rules made thereunder shall apply mutatis mutandis to each employee of an establishment.
Some Guidelines for Covid-19
Certain preventive measures were issued as part of Covid safety guidelines. They are:
- Temperature check of all employees twice a day.
- 24-hour sanitization of premises.
- Mandatory usage of masks, face shields, and PPE Kits.
- Promoting good respiratory hygiene at workplace.
- Creating markers and barriers for physical distancing on work floors and dining areas.
- Promoting regular and thorough hand-washing habits.
- Refraining from unnecessary local and international travels.
Conclusion
While factories and private establishments take all the steps necessary to improve their productivity, it is imperative for them to follow certain preventive measures and adhere to guidelines issued for the welfare of all employees working in their premises.
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