Health and Safety Legislation

Section 38, Chapter IV Safety:- Precautions in Case of Fire. 1-  In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally. 2- Provide and maintain safe means of escape for all persons in case of fire. 3- Provide and maintain the necessary equipment and facilities for extinguishing fire. 4- Mock drills should be conducted to trained all the persons of the organization. This is required to be made aware/familiar them from all means of escape and what to do in such fire events. 5- In special circumstances due to nature of work .i.e high risk or due to any other reason, Chief inspector can suggest additional measures in writing. Please like my page Health and Safety Legislation on Facebook and Subscribe my blogs. This will help me in terms of motivation. In case you require any help regarding Health and Safety legal aspects , please mail me at healthandsafetylegislation@gmail.com Ref: htt

Section 30, Chapter IV Safety Revolving means  move in a circle on a central axis (Ref: Google).  Notice should be permanently affixed to or placed near each machine in use indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. Also indicated speed should not be exceeded during the course of task completion. Effective measure shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded. In case you require any help regarding  Health and Safety legal aspects , please  mail me  at  healthandsafetylegislation@gmail.com Ref: www.dgfasli.nic.in

Section 25, Chapter IV Safety Conditions: There should be traverse movement inward and outward by self acting machine (movement alone or with material), The space over which self acting machine runs is a space over which any person is liable  to pass, whether in the course of his employment or otherwise. No traversing part of a self-acting machine shall be allowed to  run  on  its outward or inward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine. Exemptions: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply  with  the  requirements  of this section on such conditions for ensuring safety as he may think fit to impose. In case you require any help regarding  Health and Safety legal aspects , please  mail me  at  healthandsafetylegislation@gmail.com Ref: http://www.dgfasli.nic.in

Sec 92, Chapter X, Penalties and Procedure under Factories act 1948 contains information about penalties imposed by government enforcing authorities for non compliance or contravention of health and safety subject to the provision of Sec 93 (Liability of owner of premises in certain circumstances) . The occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to [two years] or with fine which may extend to [one lakh rupees] or with both, and if the contravention is continued after conviction, with as further fine which may extend to [one thousand rupees] for each day on which the contravention is so continued.  Above penalties or imprisonment are applicable where contravention of any of the provisions of Chapter IV   or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than   [twenty-five thousand rupees] i

Sec 94, Chapter X -  Enhanced penalty after previous conviction If any person who has been convicted of any offence punishable under   section 92 is again guilty of an offence involving a contravention of the same   provision, he shall be punishable on a subsequent conviction with   imprisonment for a term which may extend to three years  or  with fine ,   which shall not be less than  ten thousand rupees but which may   extend to two lakh rupees or with both. Exceptions: 1- Court can reduce fine to less than 10000 on special reasons. 2- In case of death due to contravention of provisions under Chapter IV- Fine shall not be less than          INR 35000/- (Thirty five thousand). 3- In case  an accident causing   serious bodily   injury  due to contravention of provisions under Chapter IV- Fine shall not be less than INR 10,000/- (Ten thousand). In case you require any help regarding  Health and Safety legal aspects , please  mail me  at  healthandsafetylegislation@gma

Sec 10, Chapter II- The inspecting staff Certifying surgeons appointed by State government  for specific industry, set of industries to fulfill the requirements under above Section 10. A certifying surgeon may,  with the approval of the State Government , authorise   any qualified medical practitioner to exercise any of his powers under this Act   for specified  period as the certifying surgeon may specify and  subject to such   conditions as the State Government may think fit to impose. No person shall be appointed to be , or authorized to exercise the powers of,  a   certifying surgeon,  or having been so appointed or authorised, continue to   exercise such powers,  who is or becomes the occupier of a factory  or is  or   becomes directly or indirectly interested therein  or in any process or business   carried on therein or in any patent or machinery connected therewith or is   otherwise  in the employ of the factory.  However state government has exemption  from the pr

Sec 18 under Chapter III Health contains information about Drinking water Under The Factories act 1948. Below are the key aspects of this section: 1- Drinking water stations should be marked with "Drinking Water" in a language which is common among users. 2-  No such points shall be situated within [six metres of any washing place, urinal, latrine, spittoon,open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector. 3-  In every factory  wherein  more than two  hundred  and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather. 4- State government may make rules for compliance of this section. In case you require any help regarding  Health and Safety legal aspects , please  mail me  at  healthandsafetylegislation@gmail.com Ref: http://www.dgfasli.nic.in

Sec 16, Chapter III Overcrowding: No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Volume of Space requirement for one worker A factory in existence of the date of the commencement of this Act - 9.9 M^3 (Meter cube) A factory built after the commencement of this Act - 14.2 M^3 (Meter cube) Volume should be calculated by considering room height up to 4.2 m from the level of the floor of the room. No account shall be taken of any space which is more than 4.2 m. Occupier has to post a notice in every room specifying the maximum number of workers in the room if Chief inspector requires. Chief inspector can exempt occupier from this section requirement if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. In case you require any help regarding  Health and Safety legal aspects , please  mail me  at  healthandsafe