LABOUR: A person who sells his product (service) for remuneration (wages) to earn his livelihood is called labour.

The physical presence is felt. DEF: Labour consists of all human effort of body or of mind which is undertaken in the expectation of reward. S.E.THOMAS LABOUUR WELFARE: Anything that is done for the betterment of physical and mental and economic well-being of Labour. Physical Mental health and safety safe mental wellbeing

Economic educational allowance DEF: It indicates the condition of wellbeing happiness, satisfaction, conservation & development of human resource. COMMITTEE 1969 WELFARE: It is classified into 3 (i) (ii) (iii) Welfare within the premises: ( parking, washing, canteen, crche, first aid room, labour welfare officer, provisions of safety ) Welfare outside the premises: (maternity benefit, educational loan, cooperative society, holiday homes, transport, library, etc.) Welfare of social security: social security can be provided social insurance & social assistance. LABOUR WELFARE

LABOUR WELFARE IMPORTANCE: State / employer are interested in happiness of employee so they provide welfare measures that are expected by the employees, by providing welfare measures. So the employer & employee become loyal to mgmt. and org. E.g. job security. In terms help in maintaining of industrial peace providing food, medical facility, and educational allowance, indirectly increase the real income of the employee. By providing labour welfare measures it helps greatly in labour turnover and absenteeism. By providing labour welfare facility it will go long way to better the physical, mental, wellbeing of the employee. FACTORIES ACT 1948: Factories Act is a comprehensive act. It covers total aspect of the industries, health, safety and welfare working hours and annual leave with wages. FACTORY: Labour or workmen Production or maf. Process Power Machine

OBJECTIVES: The main objectives of the factories act is (i) (ii) To regulate working condition in factory The basic mini requirement for the safety, welfare & health of the factory workers are provided.

Besides the act envisages regulating the working hrs. leave hrs., working time, employment of the children, women & young persons, etc.

SCOPE AND COVERAGE: It is extended to whole of India and is applicable to all factories including govt. factories. ADMINISTRATIVE SETUP:

The state govt. is the chief admin. Authority that ensures the enforcement of factories acts in the state through the inspectorate. DEF: Any premises where ten or more workmen are working in which maf. Process is being carried on with the aid of power or wherein 20 or more workers are working where the maf. Process is being carried out with the aid of power. Sec 2(m) WORKER: Worker r labour is def. as any person employed directly or through any agency whether with the wages or not. MAF. PROCESS: Electrical energy or any other forms of energy which is mechanically transmitted. Wide enough to include all activities in various stages of maf. Process ADULT: A person who completed the age of 18 is called as an adult. ADOLESCENT: Who belongs to 15-18 yrs. of age. CHILD LABOUR: A person below 14 yrs. of age.

YOUNG PERSON: Child and adolescent together called. OCCUPIERS: The person who have ultimate control over the affairs of the factory. Sec 6: License & registration of factory

 renewal every yr. 15 days in advance power used and the future plans Sec 8: Appointment of the inspector. State govt. will appoint the inspector. Should have any direct contact with the factories or any other business that of the factory. In the absence of the inspector of factory the district magistrate acts as the inspector. Sec 9: (POWER OF THE INSPECTOR) Entering with the assistance may be examination asking for the documents and registers. Talking with the labour, workers and employees. Power to take and test the sample that is used r intended to be used to examine the effect of the health of the worker to check whether the act is properly implemented r not He is given proper guidance to the act. Sec 10: (APPOINTMENT OF THE CERTIFIED SURGEON) State govt. appoints qualified and certified surgeon, he is the medical practitioner. Examination and certification of young person Medical supervision in case of illness occurred during maf. Process Checking the condition of the work which has a likelihood of injuries to the workers To give fitness certificate to the

Sec 11 20: HEALTH Sec 11: (CLEANLINESS) Sweeping the dirt from floor, benches, strains & passages. Painting the wall of the work room once in every 5 yrs. Washing the floor once in a week Painting the doors & window frames once in 5 yrs. Whitewash has to be done once in 14 months.

*all the dates have to be mentioned in the prescribed registers.

Sec 12: (DISPOSAL OF WASTE & EFFLUENCE) Proper arrangements have to be done to dispose the waste. Sec 13: (VENTILATION & TEMPRETURE) Adequate ventilation for the fresh air to circulate Temp. of the room could be maintained by covering the heart part of the machine or by showers & coolers State govt. has prescribed the reasonable temp. Sec 14: (DUST & FUMES) Exhaust appliances has to be fixed as near as possible from the point of origin of dust & fumes. Sec 15: (HUMIDIFICATION) Pure water to be used for humidification purpose. The state govt. has to prescribe humidification limit. Sec 16: (OVERR CROWDY) Work room should not be over crowded & he workers should be given adequate space for working. Distance b/w the person should be 14.2 cu.mtrs. Sec 17: (LIGHTENING) Adequate & suitable lights to be provided in the work room Availability of natural & artificial lightening Glaring to be avoided to prevent accidents Sec 18: (DRINKING WATER) Providing drinking & marking made as drinking water in local language If the workers are more than 250, then the provision for providing cool water during summer season. Drinking water should not be kept near toilets Gap b/w the working and drinking water area should be 6 ft. or 20 meters. Sec 19: (CONSERVENCY) If 250 or more workers working, the prescribed sanitary type to be provided.

 Every factory should provide and maintain adequate lighting & ventilation of let ins & urinals There should be separate urinals for men and women & it should be in sufficient number. The height of the wall of the toilet room should be 90 cm of 3 ft. Sec 20: (SPITTOONS) Sufficient number of spittoons are kept Spitting other than spittoons should be fixed up to Rs.5

Sec 21 41: SAFETY Sec 21: (SAFETY MEASURES) Occupier responsible for the providing safety measures in the factory Sec 22: (FENCING) Fencing all dangerous & moving pacts of machinery during motion.

Sec 23: (WEARING TIGHT FIT COATS) Working near the machinery while in motion should be done especially by trained adult male workers. Sufficient space should be there for worker to operate self-acting machines. Sec 24: Women and young persons should not be allowed to clean and adjust the machines when the machines are in motion No women r child is allowed in any pact of industry during the cotton in which pressing is in motion Sec 25: Young persons should be allowed in work on the machine only after scientific training & also under good supervision Sec 26:

 Sticking gas or any other device used for cutting of the power Sec 27: Driving belt should not rest up on shafting when it is in motion Sec 28: The hoist & life should be maintained in a good condition and the max. Load it can occupy has to be mentioned. Sec 29: All the floor steps, staircase, passages should be constructed will it should be free from subsistence causing slippery. In such case provision for hand rails should be provided whenever necessary.

Sec 30: Pits / other openings on the floor should be furnished. Sec 31: Goggles or any other safeguard equipment to be provided to those whose work may cause injury. Sec 32: No persons shall be allowed to work chamber or tanks containing dangerous fumes without any suitable. Sec 33: Means of escape in-case of fire accidents should be provided and it should be marked in red color and also in language understood by majority employee understands. Sec 34:

 Moving part of self-acting machine should be more above 18 inches / shifting / carrying / moving the goods which is likely to cause injury is prohibited and state govt. has to prescribe the weight. Sec 35: Prohibitions of use of electrical lights with 5 voltages in confirm places like chambers. Sec 36: Preventing or prohibiting welding, soldering inside the tank / chambers that contain explosive or inflammable gases. Sec 37: Training the workers to use to means of escape in case of fire accidents

Sec 38: Inspector training the workers to use fire extinguisher Sec 39: The inspector on the basis of safety of the building has to give in writing the usage of the power. Sec 40: The occupier has to appoint safety officer where 1000 or more workers are in the opinion of the state govt. in maf. the product that is hazardous in nature. Sec 41(A): If 1000 or more workers compulsory and safety officer has to be appointed. Sec 41(B): The employer compulsory has to disclose the information about maf. process & plans of safety maintenance. Sec 41 (C):

 Responsibility of the occupier to maintain health records, chemical tony substances used in the maf. process Sec 41(D): Power to central govt. to appoint enquiry committee Sec 41(E): Power to central govt.to lay emergency to standards of safety Sec 41(F): Fixing limits of exposure to chemical & toxic substance

Sec 41(G): Workers participation in safety mgt. through safety committee. Sec 41(H): Rights giving to the workers to be warned about eminent damages to the inspector of safety committed or the occupier through the notice.

Sec 42 49: WELFARE Sec 42: (WASHING FACILITIES) Adequate, suitable & convenient place Kept clean & separately for men & women Sec 43: (FACILITY FOR STORING AND DRYING CLOTHS) Sec 44: (FACILITIES FOR SITTING) Seating arrangements for workers during rest hours If the chief inspector is off the opinion that this work can be done for sitting for the workers has to be provided. Sec 45: (FIRST AID BOXES AND CABOARDS)

 If more than 150 workers, the first aid boxes are provided with certain contents in it. At least 1 box for every 150 workers It has to be readily available in every department There should be a trained person to use the first aid kit in all shifts If the no. of workers is more than 500 first aid room or ambulance room in Act has to be provided with medical & nursing staff If around 1.5 km there is a hospital then the company is not in need to provide ambulance room.

Sec 46(CANTEEN FACILITY) If 250 or more workers employed there must be a canteen facility or canteen has to be provided by the occupier. The state govt. has to make rules for the standard of the canteen in terms of construction, accommodation, furniture, food and the charges of food (subsiding rate). A canteen committee has to be appointed with representation of workers & mgt. Sec 47: (REST, SHELTER & LUNCH ROOM) If 150 or more workers are there rest room & lunch room has to be provided by the employer It has to be sufficiently lighted, ventilation & drinking water in cool & drinking condition. Where there is already a canteen, rest room & lunch room need not to be provided. Sec 48: (CRECHE) If 30 or more women workers were employed, a suitable room has to be provided for looking after their children below 6 yrs. A crche shall be in charge of a women, the standard in resp. of crche chairs, provision, milk, refreshment, etc. has to be according to central govt. Sec 49: (APPOINTMENT OF THE WELFARE OFFICER)

 If 500 or more workers are employed, the state govt. has prescribed the duties, qualification & service. He has to possess social service administration and MSW After appointment, the no. of workers comes down need not to abolish the post of welfare officer. Sec 51-66: (WORKING HOURSAND OTHER PROVISIONS) Working hrs. per day is 8 hrs. so weekly 48 hrs. total working hrs. is 9 hrs.1 hr. is for refreshment and lunch break. Rest interval hr. of rest for every 5 hrs. wee ly holiday is 1 day in a week. Working on weekly holiday is allowed. If a person is asked to work on weekly holiday, he has to be given substitute holiday within 3 months. If he is asked to work on weekly holiday it should not result working for more than 10 days continuously. The rest intervals need not be given if the total intervals of work do not exceed more than 6 hrs. Maximum hrs. of work can be exceeded by getting prior permission from the chief inspector. Daily spread over should not exceed more than 10 hrs. including rest intervals it can be 12 hrs. The spread over means the continuous presence of a worker in the factory. Women & children are prohibited for night shifts. Later it was allowed as by the amendment the women and children can be allowed in night shifts by providing transport, security guard and hostels. If they are employed in group of night shifts all facilities should be provided. Overlapping of shifts is not allowed. Double the wages for overtime work. Restriction on double employment (sister concern). NOTICE OF PERIOD OF WORKING HOURS: The period of work has to be exhibited somewhere in notice. The rest interval period also been marked. There should not be any change in period of shift. Changes should be brought with the prior permission of chief inspector. Change should not be done frequently. REGISTER OF WORKERS: Sec 62: From 26 of factories Act says about the register of workers.

Notice of period of work hrs. has to be corresponded with register of the workers. Those workers whose name has not found in register shall not allow to work. Expectation can be given for the persons who hold position of management & supervision for Sec 51 to 56. Exception can be given in the following aspects, Urgent repair Work carried out outside the factory premises Engine group & boiler houses Printing session Breakdown of machinery Loading & unloading workers

Whatever expectation is given there are certain restriction, The total no. of hrs. of the work should not exceed 60 hrs. The overtime in a quarter should not exceed 75 hrs. Overtime not more than 7 days at a stretch Rest intervals are given in timing in different departments.

Sec 67 75: (EMPLOYMENT OF YOUNG PERSON) Prohibition of employment of children below 14 yrs. Non adult workers have to carry a token or should have fitness certificate. The certificate must be under the custody of the manager of the company. PROCEDURES FOR OBTAINING FITNESS CERTIFICATE: The young person / the guardian has to make the application It should be forwarded by the manager of the factory & the certified surgeon has to examine such person & issue fitness certificate. It is valid for the period of 12 months & it has to renew. The fees for the obtaining fitness certificate have to be paid by the employer. WORKING HOURS FOR THE young persons: Working hrs. 4 hrs. per day Night work is prohibited Change of shift can be changed once in a period of 30 days Prohibition of the double employment notice of periods of work should be maintained.

Sec 73: (REGISTERED OF CHILD WORKER) Sec 74: The notice of periods of work should corresponds with the register of child work Sec 75: Power to require medical examination of young persons. (power of inspectors ask on doubtful cases) Sec 78 84: Annual leave with wages. Worker / a person who has worked for more than / 240 days in a year / is eligible for annual leave with wages. (previous year) For an adult worker, for every 20 days of work, 1 day leave with wages is eligible. For young persons, 15 days of work 1 day leave with wages should be given The leave available under this sec is exclusive of holidays whether occurring during or at either the end of the period of leave. While calculating the function of day has to be rounded to next no. Annual leave can be carried out to the succeeded year The accumulation of leave shall not exceed 30 days, in case of adults and 40 days for children In case of discharge / dismissal/ super annulation/ death of an employee he /his nominee are eligible for the wages for the leave available to him. All these works should be settled before the 2nd working day In case of death / super annulation before the expiry of 2 months For availing annual leave a worker has to make an application before 15 days / 15 days in advance In public utility service the application has to be made 30 days in advance Leave can be avail at the stretch / in 2 or 3 months but not more than 3 times. In case of availing leave on the grounds of illness application need not be made within the specified time. The scheme of granting leave has to be regulated jointly by the management and the employees representative The scheme has to be in written form and has to be displayed in notice board

It is valid for the period of 1 year. It has to be renewed every yr. Payment of leave can be paid in advance for the employees. Medical leave and earned leave lay off and legal strike days. Daily avg. wages for leave period should be calculated for monthly what they are earning. Should not include overtime wages If a person is availing annual leave with wages for more than 4 days the wages for those days can give in advance. For annual leave with wages, if the wages are not paid to the worker, the worker can claim the wages as delayed wages under the PAYMENT OF WAGES ACT 1936. While working out the eligibility take into consideration maternity leave, lay off, legal strike & annual leave with wages avail during the previous year. If a person is joining after January for eligibility consider 2/3 rd. of working days 1 can accumulate leave to any limit when the leave applied is refused. Provision of this act is not applicable when any agreement or settlement is in operation and in which leave available is more.

Sec 87 :( DANGEROUS OPERATIONS) Prohibition of employment on account of serious hazards Sec 88: Notice of accidents / dangerous occurrences and it has to be informed to the inspector of factories. Sec 88 (A): Notice of certain dangerous occurrence (within 48 hrs.) informed to the inspector of factories. Sec 108: Factories act has to be displayed / abstract of the act has to be displayed in the convenient place in English and local language.

APPRENTICE ACT 1961: It is a central act enacted to regulate the service of the apprentice. APPLICABILITY OR THE SCOPE OF THE ACT: Applicability of the act is with discrimination of the central govt. QUALIFICATION FOR APPRENTICE: 14 YRS and above physical fitness to do the trade (the trades are designated trade notified by the central govt. for apprenticeship training) RESERVATION POLICY FOR TRAINING: Reservation policy is available for the SC & ST candidates depending on the population of the SC& ST articulating it. CONTRACT; A contract has to be b/w the trainee and the employer and this contract has to be registered with the apprenticeship advisor (a state level of official from directorate of employment and trainee) The contract should have terms and conditions as per this act. The period of training has to be mentioned in the contract. For each type of trade govt. has to fix the period of training. TERMINATION OF THE CONTRACT: Either the employer / trainee can terminate the contract even before the period of training for that the party has to make application and wait for the orders from the apprenticeship advisor and the compensation has to be paid by the other party. NO. OF APPRENTICE: For each industry the no. of apprentice has to be trained as decided by the central govt. after taking it in to the consideration the facilities available in the units. Usually the committee visits beside the no. of apprentice as the committees decision available with the apprenticeship advisor. ARRANGEMENT FOR THE TRAINEE:

The employer has to arrange for the practical training in orgs. Where 500 or more workers are employed, the employee has to make arrangements for the basic training. The syllabus should be there If the no. of workers is below 500 then the apprentice has to be sent to nearby ITI or RIT. This is allowed on by the ex-duty. OBLIGATIONS OF THE EMPLOYER AND APPRENTICE: The employers obligation is arranged for the training Appointing training officer carryout the provision of contract. Payment of stipend and it is fixed by the govt. APPRENTICE: Learning sincerely Regular attendance Carry out the lawful orders of the employer Carryout the provisions of the contract and maintain discipline

HEALTH, SAFETY AND WELFARE: The relevant labour legislations in the factories act is applicable HOURS OF WORK, LEAVE AND HOLIDAYS: Weekly hrs. 40-48 hrs. they are not allowed to work b/w 10 pm-6 am. They are not allowed for overtime. Casual leave- 10 days medical leave- 15 days. It can be accumulated up to 40 days extraordinary leave 10 days. It is allowed if CL & ML is over. CONDITIONS OF WORK: EMPLOYER has no obligation to offer employment to the trainee after the training period is over. Apprentice is also not compelled to accept the employment offered by the employer. SETTLEMENT OF DISPUTE: The apprenticeship advisor has the power to settle the dispute. If either party is not satisfied with the settlement they can make an appeal to the apprenticeship council. TEST AND CERTIFICATES:

National council conducts the test and issues the certificates. Records in returns. Registered records have to be maintained by sending the reports to the org. OFFENCE AND PENAUTY: Like all other legislation 6 months imprisonment or Rs. 500 fine r both. ACCIDENT COMPENSATION: The employer has to pay accident compensation to the apprentice when he is under the training. Women compensation is applicable. CONTRACT ACT 1970: (Contract labour regulation & abolishment Act, 1970) The Act is applicable to the establishment where 20 or more workmen are employed as a contract labour. The act is applicable to every contractor who employs 20 or more contract labour. It is not applicable to establishment were the nature of work is casual ( work for 120 days or below ). In case of seasonal jobs it is not applicable. DEF: Contract labour is a workmen employed by the contractor with / without the knowledge of the principle employer ( occupier / manager ) WORKMEN DEF: As per factories act But it does not includes Persons in managerial or supervisor capacity Outworkers CREATION OF ADVISORY BOARDS: At the central govt. central advisory contract labour board. At the state govt. level state advisory contract labour board. These members are maintained by respective govt. Equal representation to workmen. CONTRACTORS AND PRINCIPLE EMPLOYERS:

 Purpose of the board is to advice the govt. on the matters relating to the administration of the act. The boards can constitute whenever necessary. REGISTRATION OF ESTABLISHMENT: Establishment employing contract labour has to register with the registering officer (asst. commissioner of labour) he is a gazette officer of the govt. appointed for the purpose of registration. Establishment which are not registered cannot employ contract labour. Govt. can prohibit employment of contract labour for certain process or operation in any establishment. Sec 10: While prohibiting contract labour the govt. has to check whether the work is regular (perennial) or seasonal in nature & whether the work is incidental or necessary for the industry. LICENSING OF CONTRACTORS: Contractors should obtain license from the licensing officer (inspector of labour) & he is appointed by this act by the govt. License obtained by the contractors has to be renewed time to time. Licensing officer can revoke, suspend or amend The license of the contractor based on any representation or reference made to him. HEALTH & WELFARE OF THE CONTRACT LABOURS: 1) CANTEEN FACILITIES: If 100 or more contract labour employed, canteen has to be provided by the contractor. The govt. prescribes the rules for this purpose & other facilities relating to canteen. 2) REST ROOM: Rest room or alternate accommodation has to be provided by the contractor whenever halt at night is required.

 Other facilities like drinking water, conservancy, washing facilitity have to be provided by the contractor. First aid facilities have to be provided by the contractor. First aid boxes have to be provided by the contractor where the contract labour is working. If the facilities mentioned above are not provided by the contractor the principle in liable to provide such facilities. RESPONSIBILITY FOR THE PAYMENT OF WAGES: Contractor is responsible for the payment of wages. The principle employer has to nominate a representative to be present at the time of dispersement of wages & to verify the wages paid. It is the duty of the contractor to pay wages in the presence of the representative. If the contractor is not paying the wages in the prescribed period or if he makes short payment it is the responsibility of the principle employer to correct such payment. So in such situations the principle employer can recover the amount from the contractor & pay to the contract labour. APPOINTMENT OF INSPECTING STAFF: (Same as factories Act) REGISTER / WRITTERNS / NOTICE: records wages. The principle employer & the contractor is responsible of maintaining register of contract labour regards the nature of work performed by them & rates of They have to send registers to the registering / licensing officer. They have to exhibit the following in the premises. Hrs. of work, wage period, nature of duty.

OFFENCE & PENALITIES: When the employer violates the provisions under this act & when the employer obstructs an inspector while making inspection, enquiry / investigation / failure to produce required registers / documents before the inspector for inspection. TRADITION & MODERN INDUSTRIES: (i) SOCIAL SECURITY & WELFARE BENEFITS: - In past social security & welfare benefits are not available - But in later days the amendment of labour laws is available, as it is available for them now.

- It was in the form of charity & mercy from the employer in olden days. - But modern industrial workers enjoy social security & welfare benefits as the part of their rights. (ii) SOCIAL OUTLOOK: - In the traditional period, entertainment has getting changed. The participation of the community is more from the modern workers apart from indoor, outdoor games, lectures & there are more recreational facilities made available for them. (iii)SOCIAL BARRIERS: - Jobs are no longer. - Wholly manual Ex. Spinners son need not to necessarily be a spinner as in the case of past. He is been working administrative position too. - Developed sense of equality b/w the workers. (iv) SOCIAL COMPOSITION OF WORKERS: - Caste & workers are inter related in olden days. - Unlike the traditional period labour is not restricted to a particular caste or community. - In those days caste & occupation are inter related and now it is a mixed industrial force. (v) SEX COMPOSITION OF WORKERS: - In traditional era, women were restricted in plantation or textile. They were generally illiterates and from poor family. - But things are not like before, women are well educated textile skilled & semi skilled work in Industries. (vi) SECURITY OF SERVICE: - The service condition were unsatisfactory in the olden days - But today labours are given security protection which prevents them from being dismissed or retrenched without any valid reason. (vii) CHILD LABOUR: - Use of child labour is declined. - Strict laws are being followed in employment of child labour in industries - Unlike the traditional industries are not like that. (viii) CONSUMPTION PATTERN: - Change of food habits & food habit among labours is vivid in India. - It has got a sufficient change with subsidies canteen besides the role played by cooperative stores.

(ix) DIGNITY & STATUS: - Today industrial labour has the acquired dignity & status which the traditional workers were unaware. - He is a personality of his own. (x) MONEY EARNINGS: - Continuous increase in the money earnings, several new allowances are part of his working life. - As a part of legislations & growing competition in sustaining the labour. (xi) LIVING & HOUSING CONDITION: - Living and housing conditions have had a positive change with increased money earning capacity & subsiding housing facility by the employer.

ABSENTISM: CAUSES: EFFECTS: DISCIPLINE & EFFICIENCY SICKNESS & LOW VITALITY MEANS OF TRANSPORT HOURS OF WORK NIGHT SHIFT ACCIDENTS SOCIAL & RELIGIOUS FUCTIONS DRINKING & AMUSEMENT AFTER PAYDAY NATURE OF WORK

LABOUR TURNOVER: Rate of changing workforce or working staff.

CAUSES: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) RESIGNATION DISMISSAL LAYOFF DISCHARGE OF WORKERS METHODS OF RECRUITMENT & PROMOTIONS MORE ATTRACTIVE JOBS CIRCUMSTANCES OF THE WORKERS UNSUITABLE WORKING CONDITIONS FELLOW WORKERS & UNIONS FEMALE WORKERS (a) PREGNANCY MIGRATING THE CHARACTERS OF INDIAN WORKERS

INDUSTRIAL ACCIDENTS: Within the premises of the industry or outside the premises of industry (when the employee is on official work) ACCIDENTS: Small cut up to death. If ESI Act is applicable in that area, ESI is made use if it is not applicable workmens compensation act is applicable. CAUSES: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Unsafe working environment No proper training No proper fencing for pits & electrical circuits Carelessness of the employee Alcoholic consumption of the employee during working hours. No proper lighting facility No proper supervision of the work No proper footpath Lack of training for the fire safety measures No proper outlet for the emergency exit

ACCIDENTS CAN OCCUR IN MOSTLY: - Mines

- Construction & transport - Fractures, internal injury, sprains, injuries like unconsciousness, death, infection. OCCUPATIONAL HEALTH & SAFETY MANAGEMENT SYSTEM (ISO 18001) It is an internal standard certification formed by top level auditors. It is an international certification by American National Standard Institute. It helps the organization to control over the occupational health & safety. It suits for all type of organization All relevant risk resulting from normal operation to abnormal situations. It is an order (or) the certification but not a legislative requirement. It is a comprehensive one It control occupational health & safety risk and improves the performance. BENEFITS: o It helps an organization to eliminate & minimize the risk to the employee. o Implement, maintain & continuously improve occupational health & safety culture within the organization. o It reduces cost of incidents o Improve the efficiency of the employee. o Improve the organization reputations. ELEMENTS: It is a policy & commitment Hazardous identification risk assessment & risk controls. Objectives & programs under conditions Documentation & records Emergency readiness Monitoring Incident investigation corrective & preventive measures. Audit & review. NEEDS: To improve & maintain health & safety management system. To meet the requirement of the health & safety legislation It ensures the process of continual improvement Bureau, VERITAS, quality international in India. South African euro of standards. Standards & industries research institute of Malaysia

Issues the ISO certificates.

UNIT 5 MOTOR TRANSPORT ACT 1961 APPLICABILITY: This act is applicable to motor transport undertaking employing 5 or more transport workers.

WHAT IS MOTOR TRANSPORT UNDERTAKING? An establishment engaged in carrying passengers or goods or both by road for wire or reward and includes a private carrier. Motor transport worker is 1 who is employed directly or by any agency for wages or for rewards to work in professional capacity on a transport vehicle or to attend duties in connection with loading & unloading of transport vehicle. If 2 or more workers are employed if the state govt. decides it can be covered under the motor transport workers act, state govt. has full power to declare it is to be covered under this Act. CHAPTER 2:Register of motor transport undertakings CHAPTER 3:Appointment of inspecting staffs & the certified surgeon.

CHAPTER 4:Welfare & health From Sec 8 to 12: CANTEEN FACILITY:-

If 150 or more workers are there, canteen must be provided. RESTROOM:It has to be provided wherever workers halt at night is required. It has to provide with sufficient lighting, ventilation, clean & comfortable condition.

UNIFORM & OTHER AMINITIES:The drivers, conductors & line checker staffs raincoats or other amenities for protection against rain or cold has to be provided. The state govt. has to prescribe no. of uniforms & the washing allowances. MEDICAL FACILITIES:Readily available medical facility at operating centers or at halting stations. FIRST AID:Readily accessible during working hours, first aid box with prescribed contents in every transport vehicle & kept in charge of the drivers or conductors and they should be trained in first aid. CHAPTER 5:Hours of work & other provisions. Sec 13 to 20: Weekly 48 hrs. daily 8 hrs. In exceptional cases like, long distance route, festivals, the exception of daily hrs. is up to 10 hrs. But with the approval of C.M. it can be done in such cases. Weekly hrs. 52 Similarly the exemptions are allowed in breakdown or repair or interruption in traffic, working hrs. may get extended. Hrs. of work for adolescence are not more than 6 hrs. & they are not allowed during night shifts.

REST INTERVALS: hr. rest for every 5 yrs.

 Fixing hrs. of work on every day in such a manner that at least 9 hrs. of gap b/w 1 day & the other day of work. SPREAD OVER: For adolescence it is 9 hrs. For adults it is 12 hrs. Exemption in exceptional cases like breakdown, traffic, etc. Split duty is allowed but not more than 2 splits in a day. NOTICE OF HRS. OF WORK:Weekly rest (compensating act) CHAPTER 6:Employment of young persons: Sec 21 to 24: Complete prohibition of children below 15 yrs. Fitness certificate for adolescence Power is given to the inspector to require medical examination of the adolescence. CHAPTER 7:Wages and leave Sec 25 to 28:Payment of wages Act, 1936 is applicable for motor transport undertaking 7th or 10th date of payment of wages legal deductions can be deducted extra wages for overtime or overtime wages is double the wages. ANNUAL LEAVE WITH WAGES:240 days is eligible, annual leave with wages; all other provisions are similar to factories Act. TAMILNADU SHOPS AND ESTABLISHMENT ACT 1947: The objective of the act is to regulate the conditions of work in shops & establishment. DEF:-

Shops mean any premises where any trade/business is carried or where services are rendered to the customers & include offices, store rooms, godowns, etc. and used in connection with such business. E.g. departmental stores, pharmacy, etc. COMMERCIAL ESTABLISHMENT: Any establishment which is not shop but carries on business of advertising commission for commercial agencies. E.g. bank, chit fund, travel agencies. HRS. OF WORK : State govt. has to declare the opening and closing hrs. of the shop State govt. may fix diff. hrs. for diff. shops Daily hrs. 8 hrs. Weekly hrs. 48 hrs. Rest interval 1 hr. for every 4 hrs. of work Spread over 12 hrs. Overtime 2 hrs. per day & not more than 6 hrs. in a week Weekly holiday has to be exhibited as a notice Alternation in weekly holiday is once in 3 months EMPLOYMENT OF YOUNG PERSONS: Prohibition of employment of children below 14 yrs. Daily hrs. of work 7 hrs. Weekly hrs. of work 42 hrs Young persons are not allowed for overtime and also after 7 p.m. HEALTHY & SAFETY: o Cleanliness of the premises o Lightning o Ventilation o Precautionary measures against fire HOLIDAYS WITH WAGES: Leave with wages 12 days provided. If the person has continued with the service of 12 months even be accumulated for 24 days. 12 days of sickness leave 12 days of casual leave WAGES PAYMENT AND REDUCTIONS: The payment of wages Act is applicable as by the Act. APPOINTMENT OF INSPECTORS:

State govt. appoints assistant commissioner of labour & other staffs TAMILNADU CATERING ESTABLISHMENT ACT, 1958: The purpose of this act is to regulate the conditions of work in the catering establishment. Catering establishment means hotels / restaurants & includes canteen but it does not include canteen / restaurants managed by an any educational institutions. Child is below 16 yrs. are not employed. DEF. OF EMPLOYEE: Who is employed directly through agency for wages / not but does not include a member of the employers family. DEF. OF WAGES: Wages includes meals / tiffen supplied to the employee free of charge. Catering establishment has to be registered & obtained a registration certificate by applying to the inspector within 30 days of commencing work. The inspector has to scrutinize the following: a. Suitability of the place b. Previous experience of the employer c. Financial capacity d. Binami status of the applicant / application & interest of the public. e. The registration certificate has to be permanently displayed f. Inspector can revoke / suspend any registration certificate g. The certificate has to be renewed h. Employee has to notify in writing the closing of the catering establishment before 10 days. PLANTATION ACT, 1951 This act is applicable to the plantation covering area of 5 hectares or more in which 15 persons or more are employed. DEF.: Plantation are the land / any lands used for growing tea, coffee, b=rubber, cardamom or any other plants even if any other plant is grown, when the land used less than 5 hectares & when the no. of employees employed for the work is less than 15 if the state govt. declares it as a plantation, this act becomes applicable. WORKER:

Worker means a person employed in a plantation for hire, for reward whether appointed directly or there are any agency to do any skilled, unskilled, manual or clerical works but does not include a person (i.e.) a medical officer, person employed in a managerial capacity. Temporary employees employed in construction and maintenance work. APPOINTMENT OF INSPECTOR OF PLANTATION: Similar as factories act, 1948 State govt. has to appoint duly inspector and have the power to examine whether the act is implemented or not. He is a public servant. CERTIFYING SURGEON: Similar as factories act. SECTIONS RELATED TO HEALTH: Sec 8 : DRINKING WATER Effective arrangements for drinking water at convenient places. It is the responsibility of the employer / occupier to provide this facility. Sec 9: CONSERVENCY Sufficient no. of toilets facilities should be provided to the employees. Separate for men and women. It should be maintained in clear. Sec 10: MEDICAL FACILITY Readily available medical facility to the worker as well as for their family members. Family means spouse, children & adopted children. Children not more than 18 yrs. of age. For male employees, his parents are also included. There are 3 types of medical facilities. 1) Dispensary: doctor visits 3 times a day. (200-1000) 2) Garden hospital: (i.e.) with inpatient facility. (1000 more) 3) Group hospital: 2 or 3 plantations joining together with specialty towards service & with in beds. WELFARE FACILITIES: CHAPTER-4 Sec 11: CANTEEN

If 150 or more workers are employed, canteen has to be provided. The manner in which it has to administered. Food stuffs that has to provided there is prescribed by law. Sec 12: CRCHE 50 or more women workers are employed then crche facility has to be provided & even contract women can be applicable. If there are 20 or more children of women workers, then crche has to be provided for irrespective no. of women workers. Even if the above condition does not prevail the state govt. may direct the occupier to provide crche if necessary. It has to be looked after by women trained worker. Sec 13: RECREATIONAL FACILITY (STATUTORY) It is a statutory facility providing recreational facility by the employer near the residing place or the quarters of the workers providing indoor & outdoor games & reading rooms. Group of employers can form & provide common recreational facilities.

Sec 14: EDUCATIONAL FACILITIES Children b/w the age group of 6-12 yrs. & exceeds 25 yrs. in no. & then the employer has to provide school for the primary education. For this also group of employers can join together & provide this facility. The school has to be within 1.6 kms from the quarters & if already a school maintain by govt. and this provision is not provided. Sec 15: HOUSING FACILITY (statutory) It is the duty of the employer to provide every worker & family as near as possible amenities / necessities like water & electricity. Rent is free till the employees are in service. In case the worker residing outside the plantation. He could ask for the housing facility. (i.e.) he should be a condition of 6 months continuous work in a particular plantation. The employer is liable to pay the compensation of death or injury and caused to the members in the family due to the collapse of house & he is not liable if it is a natural calamity. Sec 16: PROTECTION OF WORKERS FROM RAIN & COLD The employer has to provide an umbrella, blankets, raincoats & similar amenities to protect workers from rain & cold. It has to be provided in free of cost. Sec 18: APPOINTMENT OF WELFARE OFFICER:

Where 300 or more workers are employed welfare officer has to be provided. The state govt. may prescribe the rules, duties, policies & conditions of service. HRS. OF WORK & OTHER PROVISIONS: Sec 19-28: Weekly hrs. 48 hrs. for adult Daily hrs. 9 hrs. including rest interval & lunch Weekly hrs. 27 hrs. for adolescence & young persons If the working hrs. exceeds the actual timing there it is considered as overtime. Double the wages has to be paid. Compensatory holiday has to be given within 3 months. Daily hrs. with overtime should not exceed 54 hrs. Weekly holiday 1 day Rest interval at least hr. for every 5 hrs. of work Daily spread over not more than 12 hrs.

NOTICE OF PERIOD OF WORK: Refer factories Act. Complete prohibition of children below 12 yrs. of age. Prohibition of night work; women & children are not allowed for night shifts. For nurses, it is not applicable. FITNESS CERTIFICATE: Refer factories Act. Sec 29 30: LEAVE WITH WAGES There is no certificate in plantation but all other provisions are same as factories Act. Sec 32: SICKNESS BENEFIT An Employee is eligible for sickness benefit if he provides a certificate from the qualified medical practitioner. Sickness allowances can be avail for max. 14 days in the next year but accumulation of the leave should not exceed 30 days. 2/3rd of the daily wages is given for the sickness benefit. MATERNITY BENEFIT:

If the women worker has worked for 150 days or more; she is eligible for the maternity benefit. They are eligible for 12 weeks of leave for maternity. Before delivery 4 weeks After delivery 8 weeks They are eligible for the medical allowances with full wages. Sec 32 (A): NOTICE OF ACCIDENTS: In case of accidents, the authorities have not been informed. Sec 32(B): A register should be maintained by employer to record the accident in plantation. MINES ACT 1952 Mines means any excavations where any operation for the purpose of searching / for obtaining minerals is being carried out. Minerals mean all the substances which can be obtained from the earth by mining / by any other operation. APPOINTMENT OF INSPECTOR: As per factories Act. HEALTH & SAFETY: i. DRINKING WATER & CONSERVENCY: same as factories act. ii. FIRST AID: If 150 or more workers are there first aid box & room has to be provided along with the transport facility. Power to prohibit the employee engagement in dangerous work. NOTICE ABOUT ACCIDENT OCCUR IN WORK PLACE: Giving wide publicity about accidents occur. The notice had to keep at least for period of 14 days in the premises & the accident occurred has to be registered in the accident register. Power to the central govt. to appoint of court of enquiry in case of accidents occurred in the premises. Notice of certain occupational diseases has to be given to the chief inspector by the employer. Power to the central govt. to direct the investigation for the causes of disease. HRS. OF WORK & OTHER PROVISIONS:

 Weekly hrs. 48 hrs. Daily hrs. 9 hrs. per day Daily hrs. of work those who work below the ground level is 8 hrs. / day Rest interval hr. for every 5 hrs. of work Weekly holiday 1 day for 6 days of work. Compensatory off within 3 months. Overtime means double the wages. 12 hrs. of working continuously is prohibited Notice of period of work refer factories act. Daily hrs. + over time 10 hrs. of work Exception to daily hrs., weekly hrs. to those who are in the position of supervising & managerial. Exception during emergency and involving serious work EMPLOYMENT OF ADOLESCENT: Complete prohibition of women below 16 yrs. to work. A person above 16 yrs. of work has to carry fitness certificate Complete prohibition of adult & women to work below 6 p.m. to 6 a.m. Adolescent working hrs. 4 hrs. Working hrs. of women is 6 a.m. to 7 p.m. A register maintained by the employer furnishing the details about the persons employing on mines. LEAVE WITH WAGES: o Provisions are same as factories Act o Wages for workers above ground level 240 days o below - 190 days SPECIAL PROVISIONS FOR WELFARE & SAFETY: i. Its all laid on central govt. ii. Means of entrance & exit iii. No. of outlets to be furnished iv. Fencing the pits & the pathways. v. Use of safety lamps vi. The govt. must also make rules so that the management will provide the facility of crche, restroom & shelter

vii. viii. ix.

Canteen for more than 250 workers Welfare officer for more than 500 more Shower bath, lockers & first boxes

CONSTITUTION OF BOARDS: Mining board Mining committee (representatives from management, labour & govt.) They act as a civil court & inspector.

ISO 14001: It focuses on the environment encourage safer, healthier works . it is an registration may bring control over business and industrial environment. Environment management system indicate the specification for the guidance of ure.it gives the element that organisation require to confirm to get registration certificate. MAJOR ELEMENT OF ENVIRONMENT MANAGEMENT SYSTEM: General requirement Environmental policy Environmental policy aspects Legal aspects Objectives and targets Environmental management programs Structural responsibility training, awareness and competency Communication Environmental management system documentation Document control Operational control Emergency properness and response Monitoring and measuring Non conformation and corrective and preventive action Records EMS audit Management review

EMS: The EMS includes it states about the general requirement of iso 14001 is organisation. The EMS includes policy planning, implementation and operation and management review This element also include the pre description of the company ENVIRONMENTEL POLICY: Includes the content to be added. It should address the following issues: Management commitment to continuous improvement Prevention of pollution Cooperation with public cooperate Creating frame work for setting objectives Communication requirement with shareholder Education and training about environment ENVIRONMENT ASPECTS: It explains the environment aspect and relationship with environment aspect. LEGAL ASPECTS: It helps the organisation to have procedure and satisfy all legal requirement to which it subscribes. Legal requirement inclues Industry code of practice Contracts agreement with public authority Non regulatory guide lines Government legislative action

OBJECTIVES & TARGETS: It describes the organisation to maintain objectives and target at relevant function level. ENVIRONMENT MAINTAINENCE PROGRAMME: This clause deals the organisation to establish and maintain the programme to achieve objectives and targets. The programme includes designation of responsible function, team or individual under time frame for achievement. STRUCTURE AND RESPONSIBILITY:

This element addresses the roles and responsibility, authorities of all personnel affecting environment management system. The management should provide resources in form of proper technology and money to maintain an affective system that helps to achieve its objectives. TRAINING, AWARENESS & COMPETENCY: This clause determines the training needs to be evaluated to ensure the system effectiveness. There are 2 types of training: 1. General awareness: Includes the importance of confirmation to environment management system 2. Job competency Communication: This element explains the procedure to be established and maintained for communication (internal & external) with all stakeholders. ENVIRONMENT MANAGEMENT SYSTEM DOCUMENTATION: This element requires information being established and required to maintain the core element of the system and their interaction to provide direction to applicable the related direction. Document control: This element requires the procedure to establish all EMS documents. The purpose of document control is to ensure appropriate and correct use of the document. LEVEL OF DOCUMENT: Policy level Procedure level Practice level Proposal level OPERATIONAL CONTROL: This element aligns operation and activities with the identified and significant environmental system.