The standards of labours is maintained according to Trade Union Act, Industrial
Dispute Act, Factories Act, Payment of Wages Act, etc. The condition Labours and
workmen have been marginalized to a greater extent as they lack knowledge of
basic law which were made for their own benefits. It is very essential for
workmen to get better working conditions for getting better output and for their
own health conditions.
There have been numerous instances and cases wherein it
was found that due to poor health condition of factory, industry or workplace
the workmen or worker of the factory had died or had suffered some serious
injuries
The factory or workplace provide very poor safety and health condition and they
are exposed to heavy and dangerous machinery which majorly affects the safety
conditions of these workmen. The workers of factories and industry also deals
with concentrated chemicals and hazardous substance which can lead to
respiratory issues, nervous system breakdown, serious nausea conditions,
dermatitis, poisoning, etc.
How is health and condition of employees protected?
The health and safety conditions of employees and workmen are protected and
guided through the Factories Act 1968. Section 11 to 20 Factories Act lays down
guidelines to protect the health of workers of factories.
Section 11 Factories Act states that cleanliness of factory should be done
regularly and daily. It shall be free from effluents and dirt which arise in the
factory. Such shall be done by removing and preventing the accumulation of dirt
in the factory by sweeping or other methods of cleaning which is effective in
nature, the floors of workroom shall be cleaned atleast once a week by usage of
water and disinfectants, sanitizers and other measures.
The moistness of the
floor and rooms shall also be removed once the work in the factory is done.
Section 12 Factories Act also states that the wastes and effluents produces
during manufacturing process shall be removed and proper ventilation and
temperature should be maintained with proper circulation of air and the
temperature not being very high or low according to the Section 13 of the act
The factories Act also lays down the guidelines w.r.t drinking water facilities
and latrines and urinals. Section 18 Factories Act states that there must be
clean drinking water available to the workers which shall have adequate water
supply. Both hot and cold water shall be made available. Between the water
cooler or source, latrines and spittoons there shall be a 6 meters' distance
The Section 19 of Factories Act states that there shall be enough accessible
latrines and urinals for the workers and male and female employees of a factory
shall have a separate urinal and latrine system(s) being installed in the
factory. Both the urinals and latrines shall be kept clean according to the
safety standards.
How is safety of workers maintained in factories
A safety of a worker in a factory shall be a prime importance in a factory unit.
Unsafe working condition can lead to grievous injuries which can be at times
fatal in nature. Workers are exposed to heavy machinery and dangerous chemicals
which can lead to fatal results. Bhopal Gas Tragedy can be one such incident
wherein Union Carbide India Limited a pesticide plant as due to negligence
during night a very dangerous chemical Methyl Isocyanate was released which
released toxic gas.
It was exposed to more than 5,00,000 people including people
residing in town and workers working in the unit. Death toll rose upto 3787 due
to the gas release. Such an incident brought to attention safety of workers
working in any industry, unit or factory
The Factories Act, 1948 provides provisions and guidelines for protection of
workers working in the unit/ industry/ factory. Section 21-41 Factories Act
provides guidelines for safety of workers
According to Section 21 Factories Act, Certain specific types of machinery shall be fenced such machinery include:
- Every moving part of a prime mover or every flywheel connected to moving part
- Headrace and Tailrace of a wind turbine and water-wheel
- any part of a stock-bar which projects beyond the head stock of a lathe
- If they shall be securely fenced for before usage, such include:
- Part of electric generator, motor or rotary converter
- Part of transmission machinery
- Any dangerous part of machinery
The Section 23 of the act prohibits young person or employees to work in
dangerous machinery. Such person may only be allowed if and only if they have
been fully instructed about the dangers that may occur while operating such
dangerous machinery and all the necessary precautions have been taken up by the
person who is employed in operation of the dangerous machinery.
Such a person shall also have:
- Been working under the supervision of any superior or any senior
- Received sufficient amount of training to operate to the particular
machine by any person who had sufficient amount of training and knowledge
about the machinery and has been experienced in operating the machinery
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The workers shall also have suitable safety gears, chemical appliances, driving
belts, etc. in order to be used in case of emergency of power cut off situation
for safety and protections of the workers according to Section 24 Factories Act.
Section 27 of the act prohibits the children and women to operate in or near a
cotton operator
In order to promote safety conditions of workers, all the floors, stairs and all
the places which may be accessed by the workers or employees shall be
constructed in a sound manner without any loophole. In case of stairways, it
shall be equipped with handrails. There shall also not be any obstructions as
provided by Section 32 Factories Act. In case any activity is of such nature
wherein it involves exposure to eyes or any dangerous conditioning to the eyes
of the workers, safety goggles shall be provided to the workers working in
particular activity exposing eye of the person. There shall also not be exposure
of the person to excessive lighting which may affect the eyes
Health and Safety standards of workers in factories (Statistics)
According to reports given by RTI and of Director General of Factory Advice
Service and Labour Institutes (DGFASLI) as per 2020, 3 workers die every day in
India while working in factories. In 2020, a whopping 363,442 deaths of factory
workers was witnessed in India of which Gujarat topped the list with most deaths
followed by Maharashtra. Between the period of 5 years i.e. 2018 to 2022, the
National Capital of India i.e. Delhi witnessed 118 death of factory labours.
Stats suggest that average 4000 workers die every year in factories between the
period of 2017 to 2022 and nearly 1100 deaths occur every year
In 2021, it was witnessed that the workers employed in manufacturing industries
were exposed to serious health and safety hazards in India. 162 workers died in
2021 in this sector and many were serious injured with non-fatal injuries. It
can also be witnessed that nearly 115 million people have been registered under
manufacturing sector but on 1/10 of them are being registered. Studies show
women under factories often witness sexual harassment and children are made to
work beyond 6 hours without provision of proper health facilities and safety
equipment.
As per reports, the workers are made to work in poor conditions with minimal
safety equipment's being provided to them. There are no or less lighting
provided in the factories which is also a major contributing factor to the
accidents and mishappenings in the factories. Proper training and safety
equipment is not provided to workers and the employees in the industries for
handling heavy and hazardous machinery which not only risks life through
accidents but also increases the chances of workers being prone to deadly
diseases and health issues. Crushed report 2022 also suggest that the workers
are not provided safety equipment and gears which also led them lose their hands
and fingers due to accident at large scale.
OSH CODE, 2020
The health and safety of employees became topic of paramount importance for the
government and rule making bodies in India. For such issues, OSH code came into
existence in correspondence of Factories Act, 1948. Occupational Safety, Health
and Working Conditions Code, 2020 (OSH Code) was introduced in order to improve
the health and safety facilities of workers in the factories. It was brought to
improve the working conditions of workers employed in factories majorly. In such
code health and safety rules for the employees were laid down along with certain
guidelines to be followed by factory employers and employees. It also takes
cares of the medical and sanitary facilities of workers and the employees being
employed.
Section 8(1) of OSH Code states that every employer shall designs,
manufacturing, imports, etc. shall reasonably take steps for health and safety
of workers and shall ensure that all the articles, etc. are properly used taking
care of safety before using such articles by the workers. Section 15 OSH Code
provides guidelines that no employee should recklessly use, interfere, damage,
misuse anything which could reasonably affect the health and safety standards of
the worker(s) in the factory or establishment.
A board shall be assigned to keep a check on health and safety standards at
workplace and shall inspect time to time ensuring health and safety standards at
the workplace. Section 16(1) OSH Code states that Central Government shall
appoint National Occupational Health and Safety Board who shall assist
government in matters relating to health and safety of the employees. They may
make policy and assist central government in making policy.
Chapter IX of the code specifically takes care of standards to ensure safety and
health of women employed in the workplace. According to Section 43 OSH Code, the
women employees shall not work before 6:00 AM and beyond 7:00 PM. There shall be
a proper consent been taken from women in order to work beyond or before
specified timings. According to Section 44 OSH Code, women shall not be forced
to do any activity which may be hazardous for their health or affects their
safety.
The act specifically provides guidelines measures, health and safety of workers
or employees in any establishment. Section 80 of OSH Code specifies that any
leased property of factory or establishment shall be equipped with proper
facilities regarding health, safety, shall have proper ventilation facilities,
fire prevention methods, emergency methods, canteens, toilets, shelters, rest
rooms, etc. being provided for ensuring health and safety facilities of the
people or employers in the premise. Appropriate Government shall prescribe
relating to such facilities and should be responsible for the same
The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) was
established to improve the conditions of the employees and the workmen and is
yet not being formalized but is under consideration. The OSH Code is made in
contravention to Factories Act, 1948 which had certain loop holes with regard to
health and safety of the workers and employees especially employed in the
factories and such work places. It also provides specific measures to ensure
safety and health of women in these workplaces.
Conclusion:
The health and safety of workers employed in factory units have become a need of
the hour and it is the responsibility of the appropriate government to keep an
eye on the employers that they are providing proper health facilities to the
workers or not. Children under Article 24 of Constitution of India are
prohibited to work under factories or similar workplaces which shall be ensured
by the government of India.
Although, it can be witnessed that many steps and measures have been taken by
the government and law making bodies to improve the condition of workers in the
factories but the condition of workers have yet not been the way it should have
been
Workers are working under very unhygienic and low sanitized conditions which is
detrimental to their health and safety equipment is not provided before exposing
them to heavy and hazardous machinery which has toppled the death rate and
injury rate of the workers employed in the factory units. It is very harmful for
them. Moreover, the many cases of crime against women can be witnessed in the
factory at large which may even prevent them from working in the factories and
establishment
The appropriate government and central government should ensure health and
safety of workers employed in the factory by providing a proper check facility
and keeping an eye on the activities of the employer of the factory and such
establishment at large.
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