Compliance under Factories Act, 1948 and amended thereafter

The Factories Act, 1948 is a significant piece of legislation in India aimed at ensuring the health, safety, and welfare of workers employed in factories. The Act regulates working conditions and aims to minimize workplace hazards by laying down provisions for worker safety, cleanliness, and adequate welfare facilities. The Act applies to factories involved in manufacturing, processing, and production activities, provided they meet certain thresholds, such as a minimum number of workers employed or a particular power usage.

Key Provisions of the Factories Act, 1948

Health and Safety Measures
Welfare Facilities
Working Hours and Leave
Employment of Young Persons
Safety Provisions
Occupational Health and Welfare

Health and Safety Measures

  • Cleanliness: Ensures that the factory premises are kept clean and sanitary.
  • Ventilation and Temperature Control: The factory must be well-ventilated, and workers should not be exposed to uncomfortable temperatures.
  • Lighting: Adequate lighting is required in working areas.
  • Dust and Fumes Control: Proper measures should be in place to prevent the inhalation of harmful dust, fumes, or vapors.
  • Drinking Water: Clean and safe drinking water must be provided to workers.

Compliance Requirements under the act

For organizations operating under the purview of the Factories Act, 1948, ensuring compliance is essential to maintain a safe and legally compliant workplace. Here’s an overview of key compliance activities:

1.
Factory Registration
  • Every factory must be registered with the Factory Inspectorate of the relevant state or union territory.
  • A Factory License must be obtained from the state government, and the license must be renewed periodically.
2.
Submission of Reports and Returns
  • Annual Return of Factories
  • Occupational Health Records
  • Workmen’s Compensation Reports
  • Accident and Injury Reports
3.
Health and Safety Inspections
  • Regular safety inspections and audits must be conducted to ensure compliance with provisions regarding machinery safety, hazardous operations, fire safety, and sanitation.
4.
Workplace Hazards Assessment
  • Regular assessments should be carried out to identify and mitigate risks related to the working environment.

Services Offered Under This Regulatory Compliance

Factory Registration and Licensing ▼
  • Assist in obtaining the necessary factory license and registrations with the relevant authorities.
Health, Safety, and Welfare Audits ▼
  • Conduct health, safety, and welfare audits to identify gaps in compliance with the Act's provisions.
  • Help implement corrective actions to meet the required standards.
Worker Safety and Training ▼
  • Provide safety training programs for employees, particularly in industries with hazardous processes.
  • Conduct mock drills for fire safety, first aid, and emergency response procedures.
Documentation and Reporting Support ▼
  • Assist in maintaining accurate documentation and reporting systems for safety inspections, health records,workmen’s compensation, and accident reports.
Compliance Audits and Reporting ▼
  • Conduct periodic compliance audits to ensure adherence to the Act and support the preparation and submission of required reports and returns.
Accident Investigation and Risk Assessment ▼
  • Help conduct investigations into any workplace accidents and ensure a proper risk assessment is done to avoid future incidents.

Frequent asked Questions (FAQs)

The Factories Act, 1948, is a labor law in India that regulates working conditions in factories, ensuring worker safety, health, welfare, and proper working hours. It is crucial for preventing workplace hazards and ensuring compliance with legal standards.

  • 10+ workers using power.
  • 20+ workers without power.
The Occupier (owner/management) is responsible for compliance.

  • Health: Cleanliness, waste disposal, ventilation, drinking water.
  • Safety: Machine guarding, protection against hazardous substances, emergency exits, and fire safety.

  • Maximum 48 hours per week.
  • Daily limit: 9 hours.
  • Rest interval: 30 minutes after 5 hours.
  • Overtime: Maximum 50 hours per quarter.

  • Women cannot work between 7 PM and 6 AM (subject to state exemptions).
  • Work shifts should not exceed 9 hours per day.

  • Submit an application to the Chief Inspector of Factories.
  • Provide factory layout plans and required documents.
  • Obtain a Factory License, which must be renewed periodically.

  • Worker attendance and wages records.
  • Accident and safety reports.
  • Health and medical check-up records.

  • General violations: Fine up to ₹1,00,000 or 2 years imprisonment.
  • Serious safety violations: Higher penalties, factory closure, or legal action.

The new OSHWC Code replaces the Factories Act, increasing penalties, mandating periodic health check-ups, and simplifying registration processes.

  • Conduct regular safety audits.
  • Train workers on health and safety protocols.
  • Maintain updated records and renew licenses on time.
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Aseries Envirotek India Pvt. Ltd. (AEIPL)

Aseries Envirotek India Private Limited (AEIPL) is a compliance execution company committed to assisting organizations to meet their regulatory and non-regulatory compliances to fulfill their sustainability objectives.

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