Labour Law I Unit 5 KSLU II SEM Answers previous papers PDF

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II SEMESTER KSLU

LABOUR LAW 1 QUESTION ANSWERS

UNIT 5

BASED ON THE PREVIOUS QUESTION PAPERS

PREPARED BY MAHESHABABU M G

UNIT V FACTORIES ACT 1. Outline the provisions relating to health under the Factories Act, 1948. (Dec 2012) 2. Discuss the provisions relating to 'Health' under the Factories Act, 1948. (Jan 2011) 3. Briefly explain the provisions relating to health under the Factories Act, 1948. (Dec 2016) 4. Briefly explain the provisions relating to health under the Factories Act, 1948. (Jun 2019). 5. Discuss the provisions relating to 'Health' under the Factories Act, 1948. (Jun 2017) 6. Briefly explain the provisions relating to health under the Factories Act, 1948. (June 2019 Old New)

Sections 11 to 20 of the Act deal with the provisions ensuring the health of the workers in the conditions under which work is carried on in the factories. 1. CLEANLINESS: (Sec. 11) a. Every factory should be kept clean and free from dust arising from any drain, privy or other nuisance. Accumulation of dirt and refuse should be removed daily by some effective method. b. The floor of every workroom should be cleaned atleast once in every week by washing by some effective method like washing by disinfectant. c. If a lloor is liable to become wet in the course of any manufacturing process, effective means of drainage must be provided. d. All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall i. If they are painted otherwise than with washable water paint, or varnish, be repainted or revarnished at least once in every period of five years. ii. If 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. iii. If they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such prescribed method. iv. In any other case, be kept white washed or colour washed and the white washing or colour washing should be carried out at least once in eveiy period of fourteen months. v. All doors and window frames and other wooden or metallic framework and shutters should be kept painted or varnished and the painting or varnishing should be carried out at least once in every period of five years. e. the date on which the processes are carried out must be entered in the prescribed register. The State Government may, by order, exempt such factory or class or description of factories or part thereof from any of the above provisions and specify alternate methods for keeping the factory in a clean state. 2. DISPOSAL OF WASTES AND AFFLUENTS (Sec 12). a. Effective arrangements must be made in every factory for the disposal of wastes and affluents due to the manufacturing process carried on therein. b. The State Government may make rules prescribing the arrangement to be made in this regard. 3. VENTILATION AND TEMPERATURE. a. Effective and suitable provisions should be made in every factory for securing and maintaining in every workroom i. Adequate ventilation by the circulation of fresh air

ii.

Such a temperature as to secure to Worker therein reasonable comfort and prevent injury to health.

b. The walls and roofs must be of such material and so designed that the temperature is kept as low as practicable. c. The State Government may prescribe a standard of adequate ventilation and reasonable temperature in any factory and direct that a thermometer is provided and maintained in such specified place and position. d. Excessive high temperature can be reduced by white washing, spraying and insulating and screening outside wall, roofs or windows or by raising the level of the roof or by insulating the roof. 4. DUST AND FUME: (Sec.14) a. If in a manufacturing process in a factory, dust or impurity or natural gas likely to be injurious or offensive to the workers is given off, then effective measures must he taken in the factory for prevention of inhalation or accumulation of dust and fumes in work rooms must be made. b. A stationary internal combustion engine must not be operated, unless the exhaust is conducted into the open air. 5. ARTIFICIAL HUMIDIFICATION: (Sec. 15) a. In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules prescribing standards of humidification i. Regulating the methods used for artificially increasing the humidity of the air. ii. Directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded. iii. Prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the work room. b. If any factory in which the humidity of the air is artificially increased, the water used for the purpose should be taken from a public supply or other service of drinking water or shall be effectvely purified before, it is used. 6. OVER CROWDING: (Sec. 16) a. There must not be overcrowding in any room of the factory so as to be injurious to the health of the workers. b. There must be at least 9.9 cubic meters (for the factories in existence at the time of the commencement of the Act) and 14.2 cubic meters (for the factories built after the commencement of the Act) of space for every worker. c. The Chief Inspector may, by order in writing, require a notice to be posted in each work room of the factory specifying the maximum number of workers who may be employed in the room. d. The Chief Inspector may, by order in writing, exempt any work room from the provision of Sec. 16, if he is satisfied that compliance with the provisions, of Sec. 16 is unnecessary in the interest of the health of the workers employed therein. 7. LIGHTING: (Sec. 17)

In every part to the factory where workers are working or passing, then sufficient and suitable lighting, natural or artificial or both must be provided and maintained. a. All glazed windows and skylights used for the lighting of the work room must be kept clean on both the inner and outer surface and free from obstruction. b. Effective provision must also, as far as practicable, be made for the prevention of i. Glare, either directly from a source of light or by reflection from a smooth surface. ii. The formation of shadow to such an extent as to cause the eyes strain or the risk of accident to any worker. 8. DRINKING WATER: (Sec 18) a. In every factory, effective arrangements must be made to provide and maintain suitable points conveniently situated for all the workers employed therein, a sufficient supply of wholesome drinking water. b. All such points must be legibly marked drinking water in a language understood by a majority of the workers employed in the factory. Such a point should not be situated within six metres from any washing place, urinal, latrine, spittoon or open drain, or any other source of contamination. c. In every factory, where more than 25 workers are ordinarily employed, provision should be made for cooling drinking water during hot weather by effective means and for distribution thereof. d. The Stale Government may make rules for securing compliance with the above provisions and for an examination by prescribed authorities of the supply and distribution of drinking water in factories. 9. LATRINES AND URINALS: (Sec. 19) In every factory, separate enclosed accommodation of latrines and urinals of prescribed types of male and female workers must be provided. Such accommodation shall be conveniently situated and accessible to workers at all times. It shall be adequately lighted and ventilated and maintained in a clean and sanitary condition. Sweepers shall also be employed for keeping clean latrines, urinals and wasting places. In factories wherein more than 250 workers are ordinarily employed i. All latrines and urinals accommodation shall be of prescribed sanitary types. ii. The doors and internal walls upto 3 feet height, of the latrine and urinals shall be laid in glazed tiles or smooth polished surface. iii. The sanitary pans of latrines and urinals are washed and cleaned with suitable detergents, disinfectants once in seven days. iv. The State Government may prescribe the number of latrines/urinals to be provided in each factory and regarding sanitation in factories. 10. SPITTOONS: (Sec. 20) a. In every factory, there shall be provided a sufficient number of spittoons at convenient places. b. No person shall spit within the premises of a factory except in the spittoons provided for the purpose. c. Person who disobeys the provision shall be liable for fine not exceeding Rs. 5/-.

Question 1. Explain the provisions relating to “Safety” in the Factories Act 1948. (Jan 2012) 2. Briefly explain the provisions relating to safety under the Factories Act 1948. (Jun 2016) 3. Discuss the provisions to safety under the Factories Act, 1948. (Jun 2018) 4. Explain the safety measures taken under the Factories Act,1948. (Dec 2018) SAFETY (Sec. 21 to 41) (most important) It is obligatory on the part of every occupier of a factory to provide safety measures necessary to secure the safety of the workers in the factory. The Factories Act. provides the guidelines for the occupier. The following are the provisions dealing with the safety of the workers: 1. Fencing of machinery (Sec. 21): In every factory, dangerous parts of any machinery must be securely fenced while such parts of the machinery are in motion. If it is not covered, it is an offence. The Manager cannot escape from liability on the ground that someone has removed the fence without his knowledge or consent. But if for some reason, the fencing breaks down and due to this, the machine remains unfenced for a short time, then the Manager is not liable. The burden of proof lies on the Manager to prove that he has carried out his duty of keeping the guard in position while the machine was working. If he fails to prove this, then he is liable for penalty. In Caroll Vs. Androw Baruay & Sons Ltd, it was held that the duty of fencing extends to shutting of the machinery so that it cannot fly out and strike the workman if it breaks. Dangerous part means, any machinery or its part which may cause reasonable danger during its working if is without protection The following are the provisions regarding precautions to be taken regarding dangerous machines: a. If the machine causes injury to anyone acting reasonably under normal circumstances. (Walkers Vs. Bletechley Flet and Ltd. J b. If it is unfenced and if danger can be expected in the ordinary course of affairs by the alert, skilled workers, then such a machine is dangerous. The fencing of machinery must be secure and safe, and should guard against reasonable dangers. (Mitchell Vs. North British Rubber Co. Ltd.,) In every factory, the following must be securely fenced by safeguards of substantial construction and they should be constantly maintained and kept in position, while the parts of machinery fenced are in motion or in use i. ii. iii.

a. b. c. i.

every moving part of a prime mover and every fly wheel connected to a prime mover. headrace and tailrace of every water wheel and water turbine. any part of a stock bar which projects beyond the head stock of a lathe and they are in safe position and securely fenced. The following must also be securely fenced. Every part of an electric generator, a motor or rotary converter. Every part of transmission machinery and Every dangerous part of any other machinery Further it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result ofl such

examination, to carry out lubrication or other adjusting operation while the machinery is in motion. ii. In the ease of any part of a transmission machinery used in prescribed process, it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to cany out any mounting or shipping or belts or lubrication or other adjusting operation while the machinery is in motion. The State Government may by necessary rules prescribe such further precautions. 2. Work on or near machinery in motion: (Sec. 22) While the machinery is in motion such examination or operation must be made only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been in the register prescribed in this behalf and who has been furnished with a certificate of his appointment 3. Young persons should not be employed to work at dangerous machines unless they are fully instructed as to the dangers involved in meddling with the machine (Sec 23) 4. Suitable striking gear and other devices to cut of the power and electricity during emergency must be provided. (See 24) 5. 5.Selfacting machines (See. 25): The traversing part of self acting machines or any material carried thereon, should not be allowed to run on its outward or inward traverse within a distance of 18 inches from any fixed structure which is not part of the machine. Any machine installed before the commencement of the Factories Act may be exempted from such provisions, if the Chief Inspector thinks fit. He may also impose conditions for ensuring safety as he thinks fit- Thus selfacting machines should be used safely and with care as required under Sec 25 of the Factories Act. 6. All machines driven by power should be efficiently guarded to prevent dangers. (Sec. 26) 7. For pressing cotton, women and children should not be employed (Sec 27) 8. The hoists and lifts must he made of sound materials and should be properly maintained. Sufficient precautious and safeguards must he also provided, (Sec.28) 9. In the case of lifting machines, chains and ropes, sufficient safeguards must be prescribed for the purpose of raising and lowering persons, goods or materials. (See 29) 10. The revolving machines must he fenced to avoid dangers (Sec 30). A notice indicating the speed of the machine should he affixed near it. 11. if any manufacturing process takes place in a machine at a pressure above the atmospheric pressure, effective measures must be provided for safe working pressure (Sec. 31) 12. The floors, steps and stair eases must be in a sound condition. (Sec. 32) 13. Hand rails and other safety measures must be provided for stair cases, steps, etc. Safe means of access to every place of the factory must be provided so that any worker in danger can be saved. (Sec. 33) 14. The pits opening in fences or floor which by its nature of construction is dangerous should be securely fenced or covered. (Sec. 34) 15. Persons should not be employed to lift, carry or move any loaded machineries which are likely to cause injuries.

16. If the manufacturing process in any factory involves risk of injuries to the eyes by exposure to excessive light, then protection to eyes must be provided in the form of effective screen or suitable goggle. (Sec. 35) 17. If the manufacturing process involves the emission of dangerous fumes or gases, then they should be confined in every chamber, tank, or pipes etc, so that the workers are not exposed to it. (Sec. 36) 18. In any factory, no portable electric light or electric appliance exceeding 24 volts should be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space without providing adequate safety device. Similarly, if any inflammable gas fume or dust is to be used in the above place, then it must be of flame proof construction. 19. If the manufacturing process involves the emission of explosives, inflammable dust, etc., such emission must be prevented at the sources of production. In such a case, the worker must wear suitable breathing apparatus and a belt securely attached to rope, and the free end must be held by a person standing outside the confined space. (Sec.37) 20. Precautions in case of fire (Sec. 38): Every factory must be provided with means of escape in case of fire a. The doors of exit from any room should not be locked or fastened. They should be easily and immediately opened from inside. All the doors should open outwards except sliding doors. b. In all the factories, exits, in case of fire, should be marked in a language easily understood by the workers and in letters or some other effective signs. c. Provisions should be made so that every person in the factory clearly hears the warning given in case of fire. d. In every room of the factory, free passage way giving access to means of escape should be maintained. e. If more than 20 workers are employed in any place above the ground floor or if there are explosives or highly inflammable materials are used, then easy means of escape must be provided. f. he State Government must make rules regarding the means of escape in case of fire and the number of firefighting apparatus to be provided and maintained. g. In some cases, the Inspector may by order in writing require any additional or other measures. h. The questions relating to means of escape are referred to Chief Inspector for decision. Appeal is also allowed to Stale Government from the decision of the Chief Inspector. 21. If any building or machinery or plant in a factory is in such a condition - dangerous to human life or safety, then the factory inspector must require the occupier to furnish the drawings, etc., and also the tests conducted for the safety of the building, machinery or plant of the factory. He may also serve an order specifying the measures to be taken for the safety of the workers. (Sec. 39) He may also order prohibiting use of any building or machinery or plant till it is properly repaired. (Sec. 40) He may also order for repair and proper maintenance of a building, if it affects the health and welfare of the workers. (Sec. 40-A) 22. Safety Welfare Officers: In any factory where 1000 or more workers are employed, which involves risk of bodily injury, etc, then the State Government may employ necessary number of safety officers. The duties of such officers are prescribed by the State Government. (Sec 40-B)

Question HAZARDOUS PROCESS (Sec. 41 A to 41-H) SYNOPSIS: | I. Site Appraisal Committee (Sec. 41-A) II. Compulsory disclosure of information by the occupier (Sec. 41 B) III. Specific responsibility of the occupier in relation to hazardous processes (Sec. 41-C) IV. Power of Central Government to appoint Inquiry Committee (Sec. 41-D) V. Emergency Standards (Sec. 4l~E) VI. Permissible limits of exposure of chemical and toxic substances (Sec. 41-F) VII. Worker's participation in safety management (Sec. 41 G) VIII. Right of workers to warn about imminent danger (Sec. 41-H) A. SITE APPRAISAL COMMITTEE: (Sec. 41-A) Permission for establishing a factory with dangerous (hazardous) process are sought by applicants to the State Government. In order to advise the State Government in considering the applications, a 'State Appraisal Committee' is appointed by the State Government. I. Constitution of the Site Appraisal Committee: It consists of 1. a Chairman who is the Chiel Inspector of the State, and other members like a representative of the Central Board for prevention and control of water pollution 1974 2. a representative of Central Board for the prevention and control ofl Air pollution 3. a representative of the State Board under the prevention and control of water pollution 4. a representative of the Department of environment in the State 5. a representative of the meteorological Department 6. an expert in the field of occupational health 7. a representative of Town planning Department of the concerned States, who are scientists having knowledge of the dangerous process of the factory 8. a representative of the local authority where the factory is to be established, and 9. Any three other persons who are deemed to be fit by the State Government. II.

Working of the Site Appraisal Committee: 1. The application for establishment of a factory with hazardous processes is examined by the Committee and its recommendations are sent to the State Government within 90 days of the receipt of the application. 2. If the factory is owned and controlled by the Central Government or a Corporation or Co...