The occupier of a factory, as defined in the Factories Act, 1948, has several general duties and responsibilities to ensure the health, safety, and welfare of workers employed in the factory. These duties are aimed at creating a safe and conducive working environment for employees.
General Duties of an Occupier under the Factories Act
- Safety and Health of Workers:
- Ensure the safety, health, and welfare of all workers employed in the factory.
- Take measures to prevent accidents and minimize occupational hazards.
- Compliance with the Act:
- Ensure full compliance with the provisions of the Factories Act, 1948, and any other relevant labor laws and regulations.
- Factory Plan and Design:
- Obtain the necessary approval for the factory site, layout, and construction from the appropriate authorities before establishing the factory.
- Construct and maintain the factory premises in accordance with safety and health standards.
- Licensing and Registration:
- Apply for and obtain the required factory license and registration, if applicable, from the relevant authorities.
- Notification:
- Notify the appropriate government or factory inspector about the name and address of the manager of the factory, the nature of manufacturing processes, and the number of workers employed.
- Appointment of Competent Personnel:
- Appoint competent and qualified personnel, including safety officers, where required, to oversee safety measures, conduct safety audits, and ensure compliance with safety regulations.
- Safety Measures:
- Take necessary precautions for the prevention of fire and explosion.
- Provide and maintain firefighting equipment and first-aid facilities.
- Ensure the safe handling and storage of hazardous substances.
- Working Hours and Rest Intervals:
- Comply with regulations related to working hours, rest intervals, and overtime as prescribed by the Factories Act.
- Child Labor:
- Prohibit the employment of children below the specified age, as per the act’s provisions.
- Ensure that young persons (minors) are not employed in prohibited or hazardous processes.
- Annual Leave with Wages:
- Grant annual leave with wages to workers as per the provisions of the act.
- Accident Reporting:
- Report all accidents, dangerous occurrences, or cases of industrial diseases to the factory inspector and maintain records of the same.
- Welfare Amenities:
- Provide and maintain welfare amenities, such as canteens, restrooms, and drinking water facilities, for the benefit of workers.
- Notices and Displays:
- Display notices regarding safety, health, and other relevant information within the factory premises.
- Maintain and display the abstract of the Factories Act, 1948, and other relevant labor laws.
- Cooperation with Inspectors:
- Cooperate with factory inspectors during inspections and investigations.
- Comply with orders and directions issued by factory inspectors for safety and compliance.
- Emergency Measures:
- Establish and implement emergency procedures and evacuation plans in case of emergencies like fire or accidents.
- Employee Training:
- Provide training and instructions to workers on safety and health practices.
- Ensure that workers are aware of emergency procedures.
- Record Keeping:
- Maintain records and registers as required by the Factories Act, including records of accidents, wages, and attendance.
