Factory Compliance Checklist under 1948 Act

The Factories Act, 1948 is an act made for the protection of workers working across various factories across the country and to strengthen their position.

The hectic activities and progress in the past prompted the government to establish a certain set of rules and regulations that ensured the safety and welfare of workers. The government put in place a compliance checklist under the Factory Act, which ensured that strengthened the welfare of the workers.

What is Factory Compliance?

Factory Compliance is a process of coordinating with government agencies to obtain the necessary licenses and certificates required for the establishment and running of a factory. The provision of obtaining new licenses and renewal of old ones is also covered under the Factories Act.

Whether it’s to determine the regulation of health, safety, working hours, annual leave, etc. Statutory compliance is a must.

Who does the factory act compliance checklist apply to?

 The Factories Act applies to all factories that employ 10 or more workers in a year, are engaged in the manufacturing process carried out by 20 or more workers, employed in the manufacturing being carried out without any aid.

What is the factory law compliance checklist?

The factory compliance checklist under the Factories Act 1948 consists of the following:

1. Obtaining the factory licence

As the new occupant of the factory, they must obtain a licence following section 6 of the Act. And that notice must be sent 15 days prior as per section 7.

Some of the important requirements under the same are-

• Name and address of the occupier
• Name and address of the factory
• Name and owner of the premises
• Address for communication
• Nature of the manufacturing process
• Total horsepower to be installed
• Name of the manager of the factory
• Number of workers likely to be employed
• Others as described

2. Regarding Health Provisions

• Cleanliness– Every factory must be clean, and there should be no accumulation of dirt. All the surface areas of the factory, including the floor, windows, passages, benches of workrooms, staircase, etc., should be cleaned regularly with disinfectant.
• Disposal of wastes and harmful chemicals– must incorporate proper procedures and arrangements for the treatment of wastes and effluents.
• Temperature– It’s a must to have adequate ventilation in the factory and circulation of fresh air. The quality of walls and roofs must be such that the temperature doesn’t rise beyond the reasonable conditions of comfort.
• Dust and Fume– Ensure that effective measures are taken if dust and fumes are released in substantial quantities to prevent their accumulation in any workroom.
• Artificial Humidification– If the humidity in any factory is increased artificially, the water used for this purpose should be taken from a public water supply or should be purified before it is used.
• Overcrowding– There should be no overcrowding in the premises beyond a certain level where it could be injurious to the health of the workers employed in the factory.
• Lighting– The working area for the workers and the passage must have adequate light, natural or artificial, or both.
• Drinking Water– Provision of sufficient supply of drinking water and the ‘drinking water’ is a must and shall be mentioned in the language understood by the workers.
• Latrines and Urinals– Sufficient latrine and urinal accommodation should be there in every factory, and should be accessible to the workers at all times while they are present in the factory. The accommodation so provided should be separate for males and females.
• Spittoons– Every factory shall have enough spittoons placed at a convenient place. The spittoons should be cleaned regularly.

3. Regarding Safety provisions

• Fencing of Machinery– Every moving part of a prime mover and every flywheel should be fenced securely unless they are safe to be used otherwise.
• Work on Near Machinery in Motion– To examine any part of the machinery while in motion, only a specially trained worker wearing tight-fitted clothes must attend.
• Employment of Young Persons around complex machinery– Only a fully instructed person about the dangers associated with the machine and precautions to be observed shall be allowed to work on dangerous machines under the supervision of a senior with knowledge and experience.
• Self-Acting Machines– No self-acting machine shall be kept in such a space over which any person is liable to pass.
• The Casing of New Machinery– Every set, screw, bolt, or key in all machinery installed in a factory should be encased effectively to prevent danger.
• Prohibition of Employment of Women and Children near Cotton-openers– No woman or child should be employed for pressing cotton in such work.
• Hoists and Lifts– Every hoist and lift should be sound, adequately strong, and properly maintained.
• Lifting Machines, Chains, Ropes, and Lifting Tackles– All parts mentioned should be of good construction, sound material, and free from defects.
• Pressure Plant– If a factory is using any machinery that is operated at a pressure above the atmospheric pressure, then the pressure should be kept under check.
• Floors, Stairs, and Means of Access– All floors, stairs, and passages should be properly constructed and maintained.
• Pits, Sumps, and openings in floors. If there is any vessel, tank, or pit in the floor that may be a source of danger shall be securely covered or fenced.
• Excessive Weight– No worker employed in the factory shall be made to carry or move any load that might cause any injury to him.
• Protection of Eyes– If any process is carried out in the factory that involves a risk of eye injuries, suitable goggles or effective screens should be provided to the workers who are working in such circumstances.
• Precautions Against Dangerous Fumes, Gases, etc.- No person should be allowed to enter any confined space until precautionary measures have been taken to remove such fumes and gases.
• Explosive or Inflammable Dust, Gas, etc.– All precautionary measures should be taken to prevent an explosion of gases that are likely to explode on ignition.
• Precautions in Case of Fire– The factory should take all the practical measures to prevent the outbreak of fire and its spread, both inside and outside the factory. Safe means of escape should be in the factory for the personnel in case of a fire.
• Maintenance of Building– The building of the factory should be maintained properly so that it does not cause any injury to the health of the workers.
• Appointment of Safety Officer– In a factory where the number of employees is more than 1000 then the factory is required to appoint a safety officer.

4. Welfare Provisions

• Washing Facilities– Separate and adequate facilities to be provided for male and female workers. The facilities should be clean and conveniently accessible.
• Facility for Storing and Drying Clothes– The factory should provide a suitable place for keeping the clothes not worn during working hours and for the drying of wet clothes.
• Seating arrangements- The workers who must work in a standing position should be given proper, suitable sitting arrangements during their rest hours.
• First-aid Appliances– Fully equipped first-aid boxes should be maintained and provided during all working hours.
• Canteens– If the factory has more than 250 workers, minimum one canteen should be provided and maintained.
• Shelters, Restrooms, and Lunchrooms- A factory having more than 150 workers should provide adequate and suitable restrooms and lunchrooms, with provision for drinking water.
• Creches– If the factory employs more than 30 women workers, it should provide a suitable room for the use of children under the age of 6 years of such women.
• Welfare Officers– If a factory has more than 500 employees, such number of welfare officers should be employed as may be prescribed.

5. Working hours of adults

• Weekly Hours– No adult worker should be allowed to work in a factory for more than 48 hours a week.
• Weekly Holidays– No worker should be made to work for 10 days without any holiday.
• Compensatory Holidays– If a worker is deprived of any of the weekly holidays, he should be allowed to take that holiday in that month or within the two months immediately following that month.
• Daily Hours– No worker should work more than 9 hours a day.
• Rest intervals– The working hours of an adult worker should be set in a way that he doesn’t work for more than 5 hours without taking an interval for rest of at least half an hour.
• Spread over– The working periods must be arranged in such a manner that they do not work for more than ten and a half hours a day, including the intervals for rest.
• Night Shifts- If a worker works on a night shift, the hours he has worked after midnight should be counted in the previous day.
• Prohibition of Overlapping Shifts– No more than one worker should be given work of the same kind at the same time.
• Extra Wages for Overtime– If any worker works for more than 48 hours in a week, they should be entitled to wages twice their ordinary rate of wages.
• Restriction on Double Employment– A worker should not be allowed to work in a factory if he is already doing work in another.
• Notice of Periods of Work for Adults– A notice should be put up every day, clearly showing the periods in which adult workers may be required to work that day.
• Register of Adult Workers– Every factory is required to maintain a register of adult workers showing the name and nature of the work of a worker.
• Hours of Work to Correspond with Notice and Register– No worker is allowed to work any work other than that mentioned in the notice and the register.

6. Employment for younger workers

• Prohibition of Employment of Young Children– Children less than 14 years of age must not be allowed to work in any factory.
• Non-adult Workers to Carry Tokens– An adolescent should not be allowed to work in a factory unless a certificate of fitness has been granted to him under section 69 of the Act.
• Certificate of Fitness– A certified doctor must issue a certificate of fitness to an adolescent, and the manager of the factory, or the guardian of the adolescent, is to sign a document stating that he will be employed in that particular factory.
• Register of Child Workers– A register should be maintained in the factory, mentioning the name of the child worker, the nature of his work, the group in which he is included, the shift of his group and his certificate of fitness. No child worker should be allowed to work in the factory unless their name is entered in the register of child workers.
• Hours of Work to Correspond with Notice– No child should be employed in the factory otherwise following the notice of periods of work for children displayed in the factory.
• A worker (both male and female) who has obtained a certificate of fitness can work in the factory only during the time period of 6 A.M.- 7 P.M.

7. Annual Leave with Wages

• Annual Leave with Wages– Every worker who has worked for 240 days or more in a factory in a year should be allowed to have leave with wages in the subsequent year.
• Wage During Leave Period– A worker who has taken leave under section 79 or 80 of the act shall be entitled to wages at a rate equal to the daily average of his total earnings for the day during the month immediately preceding his leave.
• Payment in advance in Certain Cases– A worker who has been allowed leave for less than four days, in the case of an adult, and five days, in the case of a child, should, before his leave begins, be paid the wages due for the period of the leave allowed.
• In addition, the occupier is a Health Register in respect of persons employed in occupations declared to be dangerous operations under section 87 of the Act.
• Maintain a Bound Inspection Book.
• Annual return to be filed on time.
• Report from Health Officer.

The factory statutory compliance checklist is a meticulously formulated Act with extremely specific details and rules and regulations in the interest of the health, safety, and welfare of the workers. It is to provide the workers with better working conditions in the factory, with the occupier of the factory abiding by every rule mentioned under the Factories Compliance checklist before the commencement of the operations in the factory.

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