1.1 INTRODUCTION OT THE SERVICE SECTOR

The service sector, also called tertiary sector, is the third of the three economic sectors. The

other two are the primary sector, which covers areas such as farming, mining and fishing; and

the secondary sector which covers manufacturing and making things. The service sector provides

a service, not an actual product that could be held in your hand. Activities in the service sector

include retail, banks, hotels, realestate, education, health, socialwork, computer services, recreati

on, media, communications, electricity, gas and water supply.

The service sector consists of the "soft" parts of the economy, i.e. activities where people offer

their knowledge and time to improve productivity, performance, potential, and sustainability,

what is termed affective labor. The basic characteristic of this sector is the production

of services instead of end products.

Services (also known as "intangible

goods") include attention, advice, access,

experience, and discussion. The production

of information is generally also regarded as

a service, but some economists now

attribute it to a fourth sector, the quaternary

sector. The tertiary sector of industry

involves the provision of services to other

businesses as well as final consumers. Services may involve the transport, distribution and sale

of goods from producer to a consumer, as may happen in wholesaling and retailing, or may

involve the provision of a service, such as in pest control or entertainment. The goods may be

transformed in the process of providing the service, as happens in the restaurant industry.

However, the focus is on people interacting with people and serving the customer rather than

transforming physical goods. The major growth in this sector also involves the transfer of funds

from the governmental to the contractual profit, non-profit and hybrid sectors of the economy.

The service sector is an important part of the economy. For example, in Australia in 2007, 85%

of all businesses were in the service sector. In 2009 there were more than nine million people

employed in the service sector in Australia, which was 86% of all jobs. In India, there has been a

huge growth in service sector businesses which made up 55% of India's GDP in 2006—2007.

Increasingly service sector businesses focus on what is now being called the “knowledge

economy”. They need to keep ahead of other businesses by understanding what it is their

customers want and be in a position to give it to them quickly and at low cost.

One good example of this are banks which went through big changes in the late 20th century.

Using information and communication technology, banks have vastly reduced the number of

people they need to employ, and lowered the cost of providing bank service. For example,

an automated teller machine is able to provide basic banking services 24 hours a day, 7 days a

week, in many different places. Before this, banking services were only available from the bank

when it was open. Many banks and building societies have joined together to form much lower

cost businesses that can make more money from a wider customer base. The key to this process

is gaining information about their customers and constantly coming up with new services for

them.

1.2 SERVICE SECTOR AROUND THE WORLD

Service sector is the lifeline for the social economic growth of a country. It is today the largest

and fastest growing sector globally contributing more to the global output and employing more

people than any other sector. For most countries around the world, services are the largest part of

their economy. The real reason for the growth of the service sector is due to the increase in

urbanization, privatization and more demand for intermediate and final consumer services.

Availability of quality services is vital for the well being of the economy. In advanced economies

the growth in the primary and secondary sectors are directly dependent on the growth of services

like banking, insurance, trade, commerce, entertainment, social and personal, etc. The U.S. and

other developed economies are now dominated by the services sector, accounting for more than

two-thirds of their Gross Domestic Product (GDP). The lower mechanization of services also

explains why employment in the service sector continues to grow while employment in

agriculture and industry declines because of technological progress that increases labor

productivity and eliminates jobs. Eventually the service sector replaces the industrial sector as

the leading sector of the economy.

1.3 SERVICE SECTOR IN INDIA

India has the second fastest growing service sector in the world, with a compound annual growth

rate of 9% which is just below the Chinese growth of 10.9% in the period between 2001 and

2012. One can say that the share of the secondary sector in the GDP increased moderately in the

Post-Independence Period. The primary sector on the other hand has been registering a

continuous decline in its share of GDP. The said period however has witnessed a sharp increase

in the service sector with the latter accounting for more than half of the GDP.

The services sector with an around 57 per cent contribution to the gross domestic product (GDP),

has made rapid strides in the last few years and emerged as the largest and fastest-growing sector

of the economy. Besides being the dominant sector in India’s GDP, it has also contributed

substantially to foreign investment flows, exports, and employment. India’s services sector

covers a wide variety of activities that have different features and dimensions. They include

trade, hotel and restaurants, transport, storage and communication, insurance, real estate, &

business services, community, social and personal services and services associated with

construction. Services in India are emerging as a prominent sector in terms of contribution to

national and states’ incomes, trade flows, foreign direct investment (FDI) inflows, and

employment.

The compound annual growth rate (CAGR) of services sector GDP was 8.5 per cent for the

period 2000-01 to 2013-14. As per the survey, in India, the growth of services-sector gross

domestic product (GDP) has been higher than that of overall GDP between the FY01- FY14.

Services constitute a major portion of India’s GDP with a 57 per cent share in GDP at factor cost

(at current prices) in 2013-14, an increase of 6 per cent points over 2000-01. The shift from

primary and secondary activities to tertiary activities by the citizens of a country indicates that it

is on the path of progress. The growth in the services sector can be attributed mostly to the

emergence of the Indian Information Technology (IT) and IT enabled Services (ITeS) sectors as

well as e-commerce.

Sectoral Compound Growth Rate Sector Wise

The graph clearly indicates the trends in the three sectors. The share of the primary sector,

barring two periods 1961-70 and 1991-2000, has been consistently falling. The secondary sector

had a more gradual rise till 1991-2000 and has grown at a constant rate thereafter. The Indian

tertiary sectoral compound growth rate has a steep slope reaching its peak in the period 1991-

2000. The service sector accounted for 30% of the total GDP in 1950s which increased to 38% in

1980s, 43% in 1990s and about 56.5% in 2012-13.

Percentage Share of Service Sector in Gross Domestic Product

A look at this table and the following graph shows that post liberalization period has witnessed

the largest contribution by trade, hotel and restaurants followed by community, social and

personal services; and finance, insurance, real estate and business services. The contribution of

trade, hotels and restaurants picked up after 1990-91, -that is after the introduction of reforms.

The share of transport, storage and communication has had a steady increase while community,

social and personal services reached the peak in 1960-61, followed by a fall in 1980-81 and since

then are making a steady contribution to India’s GDP. The contribution of finance, insurance,

real estate and business services was the highest in 1960-61, and fell drastically in 1980-81 only

to rise once again.

Foreign direct investment in the services sector declined sharply by 37.6% to US 6.4 billion as

compared to an overall growth in the FDI inflows at 6.1%. On a more general basis one can say

that the Indian services sector attracted the highest number of foreign direct investment equity

inflows amounting to US Dollars 40, 684, 98 million which amounts to about 18% of the total

capital inflows.

India’s share in world services exports increased from 0.6% in 1990 to 1.1% in 2000 and further

to 3.3% in 2013 and has been increasing faster than its share in world merchandise exports.

Exports of software services account for 46% of India’s total service exports. They declined

from 5.9% in 2012- 13 to 5.4% 9n 2013-14. Travels which account for a near 12% share

witnessed a negative share.

1.4CAUSES OF GROWTH OF SERVICE SECTOR IN INDIA

India’s service sector is the 12th largest in the world by nominal GDP and 4th largest when

purchasing power is taken into account. The service sector provides employment to 27% of the

population. Let us look into the factors that have led to the growth of the service sector in India:

· Economic Affluence

The Indian society is characterized by an increasing middle class. In addition the liberalization of

the Indian economy has had a positive impact on the Indian households. Their income and

expenditure has been pushed up fostering the demand for goods and services;

· Changing Role of Women

Earlier women were a neglected lot, who only had to carry out household chores. But with time

there has been a change in the way of thinking. Women are educated and allowed to work. They

are employed in several erstwhile male dominated services such as defence services, police

services, postal services, software services, health services etc. An increase in the number of

working women has led to the creation of a market for a number of products and services.

· Changing Culture

The traditionally common joint family system is slowly disintegrating and making way for a

nuclear family way of living. This has been accompanied by an increased demand for a number

of services like education, health care,entertainment, tourism etc. There has also been a marked

change in a person’s way of thinking with respect to investment, recreation and time perception

leading to increased demand for services.

· Growth of IT Sector

In India information technology and business outsourcing are amongst the fastest growing

sectors having a cumulative growth rate of revenue. The growth of IT sector can be attributed to

several factors such as increased specialization and availability of a large pool of low cost, highly

skilled educated and fluent English speaking workers. This supply is matched by increased

demand from foreign customers who are interested in India’s service exports or those looking to

outsource their operation.

· Development of Markets

Both the urban and the rural areas have witnessed wide spread retailing and whole selling. In fact

retailing has even extended to remote rural areas.

· Health Care Consciousness

The present generations are becoming more and more diet and health conscious. They are

resorting to services of gymnasiums and fitness clubs to maintain their physical and mental

health.

· Economic Liberalization

The opening up of the Indian economy in 1991 was followed by a policy of disinvestment. This

facilitated the entry of multinational Corporations leading to its accompanying increase in

demands. This acted as a spurt for the development of the service sector.

· Migration from Rural to Urban Areas

With rapid industrialization and other developments in this era of globalization, there takes place

large scale migration from the rural to the urban areas. This changes the life-style and enhances

the demand for services.

· Export Potential

The services offered by India to various parts of the world include banking, insurance,

transportation, company data services, education, software services, tourism etc. In fact tourism

and software services are among the major foreign exchange earners of the country.

· Service Tax

The coverage of this tax has been extended. The tax net covers hotels and restaurants, transport,

storage and commercialization, financial services, real estate, business services and

social/personal services.

1.5HURDLES FACED BY THE SERVICE SECTOR

The service sector in India faces a number of hurdles as mentioned below:

Firstly, there is want of adequate infrastructure not only in the rural areas but also in the urban

areas. Our mega cities face constraints in the form of power cuts, bumpy roads, traffic congestion

and pollution. This has a telling effect on the quality of services provided.

Secondly, while the share of the service sector was 56.9% in 2012, the share in employment was

only 28%.

Thirdly, tourism is a lucrative service in view of India’s natural beauty and other pleasing

factors, but bureaucratic delays and harassment /cheating by touts and agents act as an

impending factor.

Fourthly, good mannerism and etiquettes are the hallmarks of service providers but many of our

banks, hotels, restaurants and hospitals are seriously lagging on this front. The problem is even

more adverse in case of the public sector institutions.

Fifthly, there are too many administrative procedures involved, resulting in various visible and

invisible barriers like visa and sector specific restrictions.

Sixthly for the service sector to grow and have an impact on the growth process, it has to be

accompanied by simultaneous developments of both the primary and secondary sectors.

Seventhly, Indian service providers face stiff competition particularly Business Process

outsourcing and IT providers. They have to improve their quality if they have to compete with

the best in the world.

FUTURE PROSPECTS

Indian economy which was growing at an accelerated rate from 1998 to 2010 had a setback of

sorts in 2012. The economy however is gradually picking up and moving in the right path. This

will lead undoubtedly to increase the Per Capita Income of the high and middle income groups,

while simultaneously striving to reduce the number of people below the poverty line.

The entire process would have stimulating effect with an increase in the literacy level. India has

to her credit one of the youngest populations in the world. The cumulative effects of all this will

be an increase in the demand for services like education, health, hotels, restaurants etc.

According to the Planning Commission India’s service sector is expected to grow at the rate of

10% per annum in the period between 2012 and 2017.

India also ranks high in international trade accounting for 3.34% of exports and 3.31% of

imports of services. She is in addition among the top 10 rankers of WTO members as regards

export and import of services.

CONCLUSIONS

As we have discussed the service sector is the fastest growing sector in India, contributing

significantly to the GDP and is projected to rise even further. However, the increase in

employment is not in keeping with the share of the sector in the GDP and even among those

employed the big question is how many of these work in the organized service sector?

India has a number of problems which are socio economic in nature. Poverty and accelerated

population growth are major constraints, thereby depriving several people of access to basic

health and education. A number of obstacles hamper the progress of this sector and its

contribution to inclusive growth. Bureaucratic inertia, multiple government bodies having their

own sets of rules and regulations, rampant corruption and absence of a uniform concrete policy

have an adverse effect on the system. Slow reform process, restrictions on foreign direct

investment, poor infrastructural facilities, absence of uniformity in the quality and standard of

education, in spite of having renowned Brain Power and the existence of unemployable educated

youth are all limiting factors.

India, however, has vast potential for promotion of service economy. This is attributed to factors

such as emergence of a new middle class with increasing aspirations, opening of the economy

leading to the availability of a wide range of goods and services, growing retail and improving

domestic and international market for Information Technology.

OVERVIEW OF THE INDIAN TEXTILE INDUSTRY:

During the last decade, the Indian textile industry has grown tremendously. Textile industry is

India’s largest industry accounting for 30-35% of export earnings; 15-20% of value added

manufacturing and employs nearly 60

million across the value chain. Big

retailers in the United States of America

and Europe are planning to increasingly

source their requirement of textiles and

clothing from India.

Textiles have a long and distinguished

history in the Indian sub-continent. The

technique of mordant dyeing, which gives intense colours that do not fade, has been used by

Indian textile workers since the second millennium BC. Until at least the 18th century, India was

able to produce technically much more advanced textiles than Europe could.

It is known that Indian textiles were traded in ancient times with China and Indonesia, as well as

with the Roman world. The Roman merchant navy was eventually replaced by Arab traders, and

they in their turn by the Portuguese, after Vasco da Gama arrived in India at the end of the 15th

century. In 1600, Elizabeth I gave the East India Company a monopoly on trade between

England and the Far East. The Dutch, French and Danish also formed similar companies. During

the 17th century the East India Company shipped relatively small quantities of textile goods to

England.

There are many other Indian words still in English usage which reflect this period of massive

trade in textiles. For example, calico, dungarees, gingham, khaki, pyjama, sash, seersucker and

shawl. 'Chintz', related to a Sanskrit word meaning coloured or spotted, now means a cotton or

linen furnishing fabric of floral pattern stained with fast colours and made anywhere, but it

originally referred only to colour-fast, light, cotton fabrics made in India for the English market.

Chintz production was a very complex process involving painting, mordanting (fixing a dye),

resisting and dyeing depending on the colour being used. Different colours required different

processes. The original chintz designs were hand-painted and resist-dyed but block-printed

designs were incorporated later. Goods were listed by importers as painted, regardless of whether

they were painted or printed. Considerable interaction between trading companies, exporting

manufacturers and the buying public developed. Requests for textiles with specific designs and

colourways were received by the Indian manufacturers, along with drawings and pattern sheets,

thus influencing Indian design. Manufacturers and makers in Europe copied Indian designs

liberally, taking over their European markets.

The Indian textile industry can be classified into organized and decentralized sector. Organized

sector comprises of spinning, composite and process units. Decentralized sector is divided as

handlooms, power looms, and hosiery/knitting and process industry. The decentralized power

loom sector plays a major role in the total cloth production in the country. Composite textile

units manufacture finished cloth – starting fro

m raw material either natural fibre or synthetic fibre or blends of both. Power looms are in

clusters in Surat, Bhiwandi, Hyderabad, Coimbatore and Amritsar. Processing units under the

decentralized sector produce finished fabrics either dyed or printed. Surat has the most number

of these decentralized looms and processing units.

The manufactured cloth’s processing, manufacturing and weaving was in the hands of silk mills

during the early 1950’s and 1960’s. The job working units, mainly process houses which are

concerned with dyeing and printing job work, was started in 1965 after the establishment of

Vankarsangh, Surat cotton mill and various other private units like Himson, Shantinath, M.

Jagdamba, etc. In 1960’s India used to import texturised yarn from Korea, china, Japan, United

Kingdom, etc. which used to imbalance our country’s balance of payments and laid down foreign

debts and currency crises but as time passed Surat entrepreneurs bought new technology of

manufacturing textile yarn.

Textile processing is one of the important industries related with textile manufacturing

operations. Major industries in Surat play an important role in shaping the economy of India.

Most of the important industries of the country are located in this part. The industrial area in

Surat is mainly occupied by textile industries. The textile industries in Surat are associated with

production of yarn as well as manufacturing of textiles.

One of the major industries in Surat is the textile industry. Many of the textile industries mainly

produce synthetic textiles. These industries of Surat are engaged in exporting of textiles from

India to other countries. In the past few years, there has been a steady growth in the textile

industries of Surat. In India, majority of sarees are manufactured in Surat. Some of the important

brands of India like Vimal and Garden have set up manufacturing industries of textiles in Surat.

The location of Surat has always favored the growth of industries. In the ancient times it

happened to be one of the important trading centers of India. Many of the major industries in

Surat contribute in meeting the growing demands of the Indian market.

There are 1,227 textile mills with a spinning capacity of about 29 million spindles. While yarn is

mostly produced in the mills, fabrics are produced in the power loom and handloom sectors as

well. The Indian textile industry continues to be predominantly based on cotton, with about 65%

of raw materials consumed being cotton. The yearly output of cotton cloth was about 12.8 billion

m (about 42 billion ft). The manufacture of jute products (1.1 million metric tons) ranks next in

importance to cotton weaving. Textile is one of India’s oldest industries and has a formidable

presence in the national economy inasmuch as it contributes to about 14 per cent of

manufacturing value-addition, accounts for around one-third of our gross export earnings and

provides gainful employment to millions of people. 

The textile industry has been one of the oldest and most important sectors of the Indian

Economy. It is the second largest employment provider in the country, next to Agriculture; it

contributes to almost one third of foreign exchange earnings; contributing to 3% of the GDP.

India has also been a significant player in the Global Textile markets. It is the third largest

producer of Cotton, the largest producer of Jute, the second largest producer of Silk and the fifth

largest producer of synthetic fibre/yarn. India’s exports of textiles and readymade garments grew

by 10% in 2001-2002 ad now stand at over $14 Billion. Exports of synthetic and rayon textiles

rose by 23%. There has also been a remarkable increase in export of polyester/ viscose yarn by

more than 35%, polyester yarn by 9% and polyester spun yarn by 28%. During this period,

polyester filament fabrics increased registered an 18% growth and polyester – viscose fabrics

increased by 10%.

SURAT [Textile Industry in Surat]

Textile Industry development started from the hard

work of our past prime minister, Shri Morarji Desai

who with his great efforts built the Surat Textile

Market in 1974 who knew at that time that this

market in future would be the main market of

Textile industry in the 21st century. The textile

industry in Surat is mainly engaged in the activities of

yarn production, weaving, processing as well as

embroidery. Surat is well known for its synthetic

products market. It is mainly engaged in the

production and trading of synthetic textile products.

Nearly 30 million metres of raw fabric and 25

million metres of processed fabric are produced in

Surat daily. The city has several textile markets that

exist since times immemorial. Zampa Bazaar,

Bombay Market, JJ Textile Market and Jash

Market are among them. Katar Gam, Magdalla and Udhana are the areas of Surat where

manufacturing is mainly concentrated. In the course of time, people from various other places

like Rajasthan and Kolkata settled in Surat in order to carry out their textile business.

In Surat, nearly 1.25 crore meters of cloth is been manufactured daily. This cloth is being

supplied all over India and also exported to various countries like USA, Germany, Bangladesh,

Nepal etc. The textile industry of Surat is backed up with 5 lacks looms and 500 processing

houses, manufacturing 60% of the nation’s requirement of man made fibres.

WORKING CONDITIONS FOR WORKERS IN

TEXTILE INDUSTRY

The garment sector is of major importance to the Indian economy. Not only contributes the

industry substantially to India’s export earning, it is estimated that one out of every six

households in the country depends on this sector, either directly or indirectly, for its livelihood.

Retailers from all over the world also increasingly come to India attracted by low production

costs. Although all major brand companies have set up codes of conduct and audit mechanisms

to ensure compliance with basic labour standards, the ground floor reality has not changed for

the better and even seems to deteriorate as work pressure is rising due to growing demand.

WORKING CONDITIONS IN FACTORIES

No living wage. All interviewed workers stated that it is almost impossible to make ends

meet with the salary they earn. Many garment workers have taken loans to supplement their

income and are now struggling to repay them.

Work pressure is very high due to rising orders. Hourly targets are set way higher than

what a healthy worker of average skill can produce. When they do not complete their work,

the workers are verbally abused by their supervisors. The only exception to this is the factory

producing for M&S, where workers stated they felt not pressured to complete targets.

Overtime is often not voluntary as workers are forced to stay longer to complete targets. The

legally set double normal hourly wage for overtime is usually not paid.

Workers experience great job insecurity. Workers feel the constant threat of being

dismissed. Minor mistakes in work, non-completion of targets, reporting late to work even by

a few minutes and talking back when shouted at, are all used as ground for dismissal.

Furthermore, more than half of the workers interviewed did not sign any kind of contract

when they started working for a factory.

Most workers are not aware of codes of conduct. They do know about audits taking place,

but they state that workers are picked out and instructed as to what to say by the

management.

In most factories unions do not exist. If workers face any problem they have to turn to the

management and reporting a problem almost always works out counterproductive for the

worker. If workers are active for a union they are often harassed by supervisors and

management.

Only combined action on different levels by different actors will lead to improvements of

working conditions for the Indian garment workers. CIVIDEP has therefore drawn up a set of

recommendations. Firstly, factory management should allow trade unions in their premises.

Secondly, brand companies are urged to see to it that their social audits give a true picture of the

ground reality. Thirdly, consumers should pressure international brands to comply with labour

standards within their supply chain. And lastly, Indian labour legislation should be changed as to

ensure decent working conditions for all workers. 

COMPANY DETAILSJ. MEHTA & CO.

Mr. Prajesh J. Mehta and Mr. Mayank J. Mehta are founders of J. Mehta & Co. and is the

first association in Gujarat who started Labour Management Consultancy and advocacy, for and

from management side only, since 1976. Till date no establishment has commenced

consultancy along with representation before Hon. Labour Court and Hon. Industrial Court,

directly from management side only, as advocates

To inform & intimate all latest notifications, amendments and citations of Hon. Mother

High Court, Hon. High Court of various States and Hon. Supreme (Apex) Court of the country,

to the clients, timely, is the base line of our establishment which is always assisted through other

advocates who are specially experts in particular statutes

With the branches all over the country, J. Mehta & Co. is having than 1000 clients

PROFILE:

Mr. Prajesh Mehta-

Mr. Prajesh Mehta did his schooling from Mumbai and completed his Commerce

Graduation from N.M. College, Ville Parle, Mumbai from Bombay

University and Law Graduation from V.T. Choksi Law College, Athwalines,

Surat from South Gujarat University (currently known as Veer Narmad South

Gujarat University), Surat.

With the experience of more than 3 decades, Mr. Prajesh Mehta is senior most

advisors of the association

Dealing with inspection and to assist the employers to comply with total inspection and

incidental issues is the principle work that has been successfully confirmed by him.

A very hard working person with firm determination and considers Work as Worship

Mr. Mayank Mehta-

Mr. Mayank Mehta did his schooling from Mumbai and completed

his Commerce Graduation from Chinoy College, Andheri, Mumbai

from Bombay University and L.L.B.from V. T. Choksi Law College,

Athwalines, Surat from South Gujarat University (currently known as

Veer Narmad South Gujarat University), Surat, he even did Masters in

Law from same V.T. Choksi Law College.

He is providing services as a visiting faculty in H.R. Department of Veer Narmad South Gujarat

University since last 23 years. Further he is chairman of Traffic Police Education Trust from

2005-06, and is also member of National Commission on Labour Laws, New Delhi.

Further, he has a specific experience on drafting defense on behalf of employers under Labour

Legislation and also defends employers before Industrial Court, E.I. Court, Labour Court and to

defend employers before RPFC, APFC under EPF Act as well as assistant director, deputy

director and respected authorities under ESI act.

Even he is defending owners and occupiers of factories under Water and Air pollution Act.

Criminal complain filed by inspectors and GLO (Government Labour Officer) as well as ELO

(Enforcement Labour Officer) are strongly and successfully defended before Hon. Judicial

Authority, successfully, on behalf of employers, too.

Statutory drafting and incidental representation with, totally relying on updates amendments in

Labour Legislation and he loves to do so in the highest interest of industries and employers since

more than 3 decades. Such drafting is proved as a shield before various Judicial authorities under

Labour Legislation, in toto.

2.1 INTRODUCTION OF THE ACT:

There are several legislations which regulate the conditions of employment, work environment

and other welfare requirement of certain specific

industries. THE FACTORIES ACT, 1948 enacted to

regulate the working conditions in the factories.

FACTORIES ACT is a social legislation and it

provides for the health, safety, welfare and other

aspects of the workers in the factories. In brief the

act is meant to provide protection to the workers

from being exploited by the greedy business

establishments and it provides for the improvements

of working conditions within the factory premises.

The act has been enacted primarily with the object of protecting workers employed in the

factories against industrial and occupational hazards. For this purpose it seeks to impose upon

the owner or the occupier certain obligations to protect the workers and to secure for them

employment in conditions conductive for their health and safety.

 

This Act extends to the whole of India, including Jammu and Kashmir. (Section 116) The

Bhopal tragedy of 1984 has created awareness among the public for preventing pollution and this

has made the government to take steps in amending the present 1948 Act by incorporating

Chapter IV A from Sections 41 A to 41 H, pertaining to provisions as regards hazardous

processes.

OBJECT AND SCOPE OF THE ACT

The main objective of this act is to ensure adequate safety measures and to promote the health

and welfare if the workers employed in the factory. The act also makes provisions regarding

employment to women and young persons, annual leave with wages etc.

It covers all manufacturing processes and establishments falling within the definition of factories

as under sec. 2(m) of the act.

SCOPE AND APPLICABILITY OF THE ACT

The Act extends to whole of India. It applies to all factories including factories belonging to

Central or any State Government unless otherwise excluded. The benefits of this Act are

available to persons who are employed in the factory and be covered within the meaning of the

term "worker" as defined in the Act. It would, therefore, be desirable to discuss the meaning and

definition of the term "factory" and "worker". Since the term "factory" refers to manufacturing

process, it would be helpful to know the meaning of the term "manufacturing process" as defined

by the act.

DEFINATIONS:

Adult

“Adult” means a person who has completed his eighteenth year of age. [Section 2(a)]

Adolescent

“Adolescent” means a person who has completed his fifteenth year of age but has not completed

his eighteenth year. [Section 2(b)]

Calendar Year

“Calendar Year” means the period of twelve months beginning with the first day of January in

any year. [Section2(bb)]

Child

“Child” means a person who has not completed his fifteenth year of age. [Section 2(c)]

Competent Person

“Competent Person” in relation to any provision of this Act, means a person or an institution

recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations

and inspections required to be done in a factory under the provisions of this Act having regard

to the qualifications and experience of the person and facilities available at his disposal; or the

qualifications and experience of the persons employed in such institution and facilities available

therein. With regard to the conduct of such tests, examinations and inspections and more than

one person or institution can be recognised as a competent person in relation to a factory.

[Section 2(ca)]

Hazardous Process“Hazardous Process” means any process or activity in relation to an industry specified in the

First Schedule where, unless special care is taken, raw materials used therein or the intermediate

or finished products, bye products, wastes or effluents thereof would cause material impairment

to the health of the persons engaged in or connected therewith, or result in the pollution of the

general environment; Provided that the State Government may, by notification in the Official

Gazette amend the First Schedule by way of addition, omission or variation of any industry

specified in the said Schedule. [Section 2(cb)]

Young Person

“Young Person” means a person who is either a child or an adolescent. [Section 2(d)]

Day

“Day” means under Section 2(e), a period of twenty-four hours beginning at mid-night. [Section

2(e)]

Week

“Week” means a period of seven days beginning at mid-night on Saturday night or such other

night as may be approved in writing for a particular area by the Chief Inspector of Factories.

[Section 2(f)]

Power

“Power” means electrical energy or any other form of energy which is mechanically transmitted

and is not generated by human or animal agency. [Section 2(g)]

Prime Mover

“Prime” Mover means any engine, motor or other appliance which generates or otherwise

provides power. [Section 2(h)]

Transmission Machinery

“Transmission” Machinery means any shaft, wheel, drum, pulley, system of pulleys, coupling,

clutch, driving belt or other appliance or device by which the motion of a prime-mover is

transmitted to or received by any machinery or appliance. [Section 2(i)]

Machinery

The term includes prime-movers, transmission machinery and all other appliances whereby

power is generated, transformed, transmitted or applied. [Section 2(j)]

Factory

Factory” includes any premises including the precincts thereof whereon ten or more

workers are working, or were working on any day of the preceding twelve months, and in any

part of which a manufacturing process is being carried on with the aid of power or is ordinarily

so carried on; or whereon twenty or more workers are working, or were working on a day of the

preceding twelve months, and in any part of which a manufacturing process is being carried on

without the aid of power, or is ordinarily so carried on.But does not include a mine subject to the

operation of the Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union or

a railway running shed, or a hotel, restaurant or eating place. [Section 2(m)]

Explanation I: For computing the number of workers for the purposes of this clause, all the

workers in different groups and relays in a day shall be taken into account.

Explanation II: For the purposes of this clause the mere fact that an Electronic Data Processing

Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to

make it a factory if no manufacturing process is being carried on in such premises or part thereof.

(i) Essential elements of a factory:

(1) There must be a premises.

(2) There must be a manufacturing process which is being carried on or is so ordinarily carried

on in any part of such a premises.

(3) There must be ten or more workers who are/were working in such a premises on any day of

the last 12 months where the said manufacturing process is carried on with the aid of power. But

where the manufacturing process is carried on without the aid of power, the required number of

workers working should be twenty or more.

The following are not covered by the definition of factory:

(i) Railway running sheds, (ii) mines, (iii) mobile units of armed forces, (iv) hotels,

eating places or restaurants.

(ii) Meaning of words “premises and precincts”

The word “premises” is a generic term meaning open land or land with building or building

alone. The term ‘precincts’ is usually understood as a space enclosed by walls. Expression

‘premises’ including precincts does not necessarily mean that the premises must always have

precincts. It merely shows that there may be some premises with precincts and some premises

without precincts. The word ‘including is not a term’ restricting the meaning of the word

‘premises’, but is a term which enlarges its scope.

(iii) Manufacturing process is being carried on or ordinarily so carried on

(iv) Ten or twenty workers.

MANUFACTURING PROCESS

It means any process for

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, breaking up, demolishing, or otherwise, treating or adopting any article or

substance with a view to its use, sale, transport, delivery or disposal; or

(ii) pumping oil, water or sewage or any other substance; or

(iii) generating, transforming, transmitting power; or

(iv) composing types for printing, printing by letter-press, lithography, photogravure or

other similar process, or book-binding; or

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or

vessels; or

(vi) preserving or storing any article in cold storage. [Section 2(k)]

MEANING A FIRM OCCUPIER OF FACTORY:

Occupier of factory means a person who has ultimate control over affairs of factory. It includes

a partner in case of a firm and director in case of a company. It may be noted that if a factory is

run by a company, then only the director of the company can be treated as occupier.

The occupier shall ensure ,as far as possible health, safety ,and welfare of workers while they

are working in a factory. The name of occupier of the factory is required to be informed to

the chief inspector of factories. The occupier will be held responsible if the provisions of the

factories act,1948 are not complied with

Following are the general duties of the ocuupier:

1. Every occupier shall ensure so far as in reasonably practicable, the health, safety and

welfare of all workers while they are not work in the factory.

2. Without prejudice to the generality of the provisions of sub –section (1),the matters to

which such duty extends shall include:

The provision and maintenance of plant and systems of work in the factory that are safe

and without risks to health:

The arrangement in the factory for ensuring safety and absence of risks to health in

connection with the use, handling, storage and transport of articles and substances.

The provisions of such information, instruction, training and supervision as are necessary

to ensure the health and safety of all workers at work:

The maintenance of all places of work in the factory in a condition that is safe and

without risks to health and provisions and maintenance of such means of access to, and

egress from ,such places as are safe and without risks;

The provision, maintenance or monitoring of such working environment in the factory for

the workers that is safe, without risks to health and adequate as regards facilities and

arrangements for their welfare at work.

FACILITIES AND CONVENIENCES

Factory should be kept clean.

There should be arrangement to dispose off wastes and effluents

Ventilation should be adeqayte

Reasonable temperature for comfort of employees should be maintained

Dust and fumes should be controlled below permissible limits.

Artificial humidification should be at prescribed limits.

Overcrowding should be avoided.

Adequate lighting, drinking water, toilets, and spittoons should be provided.

ADDITIONAL FACILTIES IN CASE OF LARGE FACTORIES:

Ambulance room, if 500 or more workers are employed

Canteen, if or more workers are employed

Rest rooms/centers with drinking facility, if 150 or more workers are employed.

Crèches, if 30 or more women workers are employed.

Full time welfare officer, if 500 or more workers are employed

Safety officer, if 1000 or more workers are employed.

WELFARE MEASURES:

All machines must be properly fenced to protect workers when machine is in motion

Hoist and lifts should be in good condition and tested periodically

Pressure plant should be checked as per the rules

Floors, stairs, and means of access should be of sound construction and free from

obstructions

Safety officer should be appointed if number of workers is more than 1000 or more in the

factory.

Adequate fire-fighting equipment should be made available.

For hazardous substances, additional safety measures have to be taken.

Safety appliances for eyes, dangerous dust, gas, fumes should be provided.

WORKING HOURS

A worker cannot be employed for more than 48 hours in a week, weekly holiday is compulsory.

If the worker is asked to work on a weekly holiday,he should avail the holiday on one of the 3

days immediately after the normal day holiday. A worker cannot be employed for more than 9

hours in a day. At least 1/1-2 hour rest should be provided after every 5 hours of work. Total

period of work including rest interval cannot be more than 10 ½ hours.

OVERTIME WAGES

If a worker works beyond 9 hours a day and 48 hours a week, overtime wages are paid at double

the rate of normal wages. However, overtime wages are not payable on tour. Total working

hours including overtime should not exceed 60 hours in a week and total overtime hours in a

quarter cannot exceed 50 hours.

ANNUAL LEAVE WITH WAGES

Annual Leave with Wages Section 79 of the Act deals with the provisions of annual leave with

wages. The basis of calculation of the annual leave to which a worker would be entitled in a year

is the previous calendar year during which he had worked in a factory.

Qualifying Period

The minimum number of days which entitles a worker to earn leave is 240 during a calendar year

which period should include –

the days of lay off which may be as a result of contract or agreement or as permissible under

Standing Orders;

ii) the leave earned in the year prior to that in which leave is applied for; and

iii) in the case of female worker, maternity leave for any number of days not exceeding 12

weeks.

If according to above computation, the total period comes to 240 days or more, then the worker

in a factory would be entitled to leave with wages in the subsequent calendar year for a number

of days calculated at the rate of:

Rate of Leave

i) In the case of an adult, one day for every twenty days of work performed by him during

the previous calendar year.

ii) In the case of child one day for every fifteen days of work performed by him during the

previous calendar year.

(ii) Unavailed Leave

If a worker has not availed of portion of his leave in one calendar year, such remaining

portion of leave shall be carried over and added to the- leave to be allowed to him in the

succeeding calendar year subject to the condition that the total number of days to be carried

forward would not exceed

(a) in the case of adult 30` days;

(b) in the case of child 40 days;

However, if the worker applied for leave with wages but such leave was not granted to

him in accordance with any scheme drawn up under the provisions of this section, then in

that case, leave refused shall be carried forward without any limit. 29

iii) Procedure for Availing of Leave

A worker who wants to avail of leave is required to make an application to the manager

of the factory at least 15 days in advance except in the case of public utility concern

where the application for leave can availed of in 3 instalments in year at the most. if the

worker wants leave with wages due to him to cover a period of illness , in the worker

need not apply in advance. The wages , in such cases , admissible to him are required to

be paid in advance within 15 days and in case of public utility concern within 30 days

from the date of application requesting for grant of leave

iv) Unavailed Leave and Notice of Discharge and Dismissal

The unavailed leave of worker. shall not be taken into consideration in computing

the period of any notice required to be given by the occupier, before discharge or

dismissal. [Section 79 (12)].

v) Wages During Leave Period

The wages admissible to a worker during leave availed of by him under Section 78 or

79 are to be calculated in accordance with Section 80 of the Act.

vi) Advance Payment of Leave Wages

An adult worker who has been allowed leave for not less than 4 days and a child who

has been allowed leave for not less than 5 days can claim payment in advance of

leave wages admissible to him. (Section 81.)

vii) Mode of Recovery of Unpaid Wages

Any sum required to be paid by an employer under the above provisions but not paid

by him to the worker concerned, can be recovered by the worker under the -

provisions of Payment of Wages Act, 1936. (Section 82.) Therefore, where wages are

due to a worker for annual leave and the employer makes a default in making

payment, they can be recovered under the provisions of the above Act.

viii) Powers of the State Government

The State Government is empowered to make rules directing the managers of

factories to keep registers containing such particulars as may be prescribed by it and

such registers to be made available to Inspectors for examination, (Section 83.)

HEALTH AND SAFETY PROVISIONS AS PER FACTORIES ACTOccupational Health and Safety in India: Health and Safety provisions under Indian Factories

Act 1948. The Act has been promulgated primarily to provide safety measures and to promote

the health and welfare of the workers employed in factories.

The Factories Act, 1948, has been promulgated primarily to provide safety measures and to

promote the health and welfare of the workers employed in factories. The object thus brings this

Act, within the competence of the Central Legislature to enact. State Governments/Union

Territory Administrations have been empowered under certain provisions of this Act, to make

rules, to give effect to the objects and the scheme of the Act.

The provisions relating to health for employees working in factories and the manufacturing

process addressed by the Factories Act, 1948

The main focus of Factories Act is towards the Health benefits to the workers. Health Chapter of

the Act contains specification from Section 11 to 20. Detailed information of the sections of is

provided as under:

Section 11: This section basically specifies the issues of cleanliness at the workplace. It is

mentioned in the provision that every factory shall be kept clean and free from effluvia arising

from any drain, privy or other nuisance. This includes that there should be no accumulation of

dirt and refuse and should be removed daily and entire area should be kept clean.

Section 12: This section specifies on disposal of wastes and effluents. That every factory

should make effective arrangements for the treatment of wastes and effluents due to the

manufacturing process carried on therein, so as to render them innocuous and for their disposal.

Section 13: This section focuses on ventilation and temperature maintenance at workplace.

Every factory should work on proper arrangements for adequate ventilation and circulation of

fresh air.

Section 14: This section details on the proper exhaustion of dust and fume in the Factory. In

this it is mentioned that factory which deals on manufacturing process should take care of the

proper exhaustion of dust, fume and other impurities from its origin point.

Section 15: This section specifies regarding the artificial humidification in factories. In this the

humidity level of air in factories are artificially increased as per the provision prescribed by the

State Government.

Section 16: Overcrowding is also an important issue which is specified in this section. In this it

is mentioned that no room in the factory shall be overcrowded to an extent that can be injurious

to the health of workers employed herein.

Section 18: This section specifies regarding arrangements for sufficient and pure drinking

water for the workers. There are also some specified provisions for suitable point for drinking

water supply. As in that drinking water point should not be within 6 meters range of any washing

place, urinal, latrine, spittoon, open drainage carrying effluents. In addition to this a factory

where there are more than 250 workers provisions for cooling drinking water during hot

temperature should be made.

Section 19: This section provides details relating to urinals and latrine construction at

factories. It mentions that in every factory there should be sufficient accommodation for urinals

which should be provided at conveniently situated place. It should be kept clean and maintained.

There is provision to provide separate urinals for both male and female workers.

Section 20: This section specifies regarding proper arrangements of spittoons in the factory. It

is mentioned that in every factory there should be sufficient number of spittoons situated at

convenient places and should be properly maintained and cleaned and kept in hygienic condition.

The provisions relating to safety for employees working in factories and the manufacturing

process addressed by the Factories Act, 1948?

The Factories Act, 1948 also provides provisions relating to safety measures for the workers

employed herein. This is to ensure safety of workers working on or around the machines. The

detailed information on each provision relating to safety measures is as under:

Section 17: Under section it has been described that there should be proper arrangement of

lighting in factories. In every part of the factory where workers are working or passing should be

well equipped with lighting arrangement either by natural sources or artificial sources.

Section 21: This section specifies that fencing of machinery is necessary. That any moving part

of the machinery or machinery that is dangerous in kind should be properly fenced.

Section 23: This section prescribes that employment of young person on dangerous machinery

is not allowed. In the case where he is been fully instructed in the usage of the machinery and

working under the supervision he might be allowed to work on it.

Section 24: This section provides provision of striking gear and devices for cutting off power

in case of emergency. Every factory should have special devices for cutting off of power in

emergencies from running machinery. Suitable striking gear appliances should be provided and

maintained for moving belts.

Section 28: This section prohibits working of women and children on specific machinery. As

per this section women and children should not be appointed for any part of factory working on

cotton pressing.

Section 32: In this section it has been specified that all floors, stairs, passages and gangways

should be properly constructed and maintained, so that there are no chances of slips or fall.

Section 34: This section specifies that no person in any factory shall be employed to lift,

carry or move any load so heavy that might cause in injury. State Government may specify

maximum amount of weight to be carried by workers.

Section 35: This section provides specification regarding safety and protection of eyes of

workers. It mentions that factory should provide specific goggles or screens to the workers who

are involved in manufacturing work that may cause them injury to eyes.

Section 36: As per this section it is provided that no worker shall be forced to enter any

chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas,

fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being

overcome thereby.

Section 38: As per this section there should be proper precautionary measures built for fire.

There should be safe mean to escape in case of fire, and also necessary equipments and facilities

to extinguish fire.

Section 45: This section specifies that in every factory there should be proper maintained and

well equipped first aid box or cupboard with the prescribed contents. For every 150 workers

employed at one time, there shall not be less than 1 first aid box in the factory. Also in case

where there are more than 500 workers there should be well maintained ambulance room of

prescribed size and containing proper facility.

The specific regulations for the health and safety provisions for women employees under

various legislations in the country

There are specific regulations relating to health and safety of women employees under various

laws in our country. Provisions relating to health and safety of women under various Acts are as

under:

Factories Act, 1948

Women are prohibited from working between 7.00 pm to 6.00 am. There has been a

recent amended to allow women to work in night shift in certain sectors including the

Special Economic Zone (SEZ), IT sector and Textiles. This is subject to the condition

that the employers shall be obligated to provide adequate safeguards in the workplace,

equal opportunity, their transportation from the factory premises to the nearest point of

their residence.

Section 22 of the Act prohibits that no woman shall be allowed to clean, lubricate or

adjust any part of a prime mover or of any transmission machinery while the prime

mover or transmission machinery is in motion, if that would expose the woman to risk of

injury from any moving part either of that machine or of any adjacent machinery.

Section 27 of the Act provides that no woman shall be employed in any part of a factory

for pressing cotton in which a cotton-opener is at work.

Plantation Labour Act, 1951

Section 25 of the Act bans employment of any women in any plantation between 7.00 pm

to 6.00 am without permission of the State Government. But it specifically exempts from

its purview women who are employed in any plantation as midwives and nurses.

The Act also provides provisions relating to sickness and maternity leave for the women

employees.

Mines Act, 1952

Section 46 of the Act prohibits employment of any women in any part of a mine which is

below-ground. And in any part of the mine above ground except between the hours 6.00

am and 7.00 pm. It also provides that every women employed in a mine above ground

shall be allowed break of not less than 11 hours between the end of day work and the

commencement of the next day of work.

Provisions relating to Offences and Penalties under the Factories Act, 1948 for

contravention of laws relating to safety and health of the workers ?

For contravention of the provisions of the Act or Rules- imprisonment upto 2 years or

fine upto Rs.1,00,000 or both.

Contravention causing death or serious bodily injury - fine not less than Rs.25,000 in case

of death and not less than Rs.5000 in case of serious injuries.

Continuation of contravention - imprisonment upto 3 years or fine not less than

Rs.10,000 which may extend to Rs.2,00,000.

On contravention of Chapter IV pertaining to safety or dangerous operation.

Factories Act works with a primary object to protect workers employed in the factories against

industrial and occupational hazards. For that purpose, it seeks to impose upon the owners or the

occupiers certain obligations to protect works unwary as well as negligent and to secure for

them, employment in conditions conducive to their health and safety from accidents.

3 THEORITICAL FRAMEWORK

HEALTH-SAFETY ISSUES IN TEXTILE INDUSTRY

There are numerous health and safety (H&S) issues associated with the textile industry.

These include: chemical exposure from the processing and dyeing of materials; exposure to

cotton and other organic dusts, which can affect the throat and lungs; musculoskeletal stresses;

noise exposure, which can lead to hearing loss; temperature and ventilation, which can lead to

fatigue and dehydration if temperatures are too high; and working hours and breaks, including

access to food, drinks and bathroom facilities.

Some of the potential hazards of the various dyes and chemicals used in textile processing, and

ways to minimize exposure to them are mentioned below

It provides some basic prevention measures that can be taken in the laboratory and on the

factory floor to minimize risks of accidents and to ensure a safer working environment in the

textile dyeing industry.

It is the responsibility of the management team and factory workers, once trained, to implement

appropriate H&S practices, where relevant and suitable.

Chemical Safety

HAZARDOUS CHEMICALS

• Substances used directly in work activities (e.g.

adhesives, solvents, cleaning agents);

• Substances generated during work activities (e.g.

fumes from soldering and welding);

• Naturally occurring substances (e.g. dust); and

• Biological agents such as bacteria and other micro-

organisms. Examples of the effects of hazardous

substances include:

(a)Skin irritation or dermatitis as a result of skin contact;

(b)Asthma as a result of developing an allergy to substances used at work;

(c)Losing consciousness as a result of being overcome by toxic fumes;

(d)Cancer, which may appear long after the exposure to the chemical that caused it; and

(e) Infection from bacteria and other micro-organisms (biological agents).

Substances that are hazardous to health can be identified by their warning label and the supplier

must provide a MSDS for them

MATERIAL SAFETY DATA SHEETS

Material Safety Data Sheets (MSDS) exist to provide workers with the proper procedures for

handling or working with particular substances and should therefore be supplied for each

individual substance. MSDS includes information as physical data (melting point, boiling point

and flash point), toxicity, health effects, reactivity, required storage conditions, disposal

methods, protective equipment, first aid, and spill or leak procedures. When a substance is

bought, the manufacturer should provide the purchaser (the textile factory) with the MSDS for it.

The MSDS should be received by the factory the first time goods are delivered. They should be

available in the manager’s office, the store room or an appropriate place where people can have

easy access to them when needed. Staff members who regularly handle such chemicals should be

aware of the contents of the MSDS and should be provided with training to advise them of the

aspects that may impact on their health if chemicals are not handled correctly. MSDS be made

available in the local language however, many factory workers may be unable to read the MSDS

and it is therefore essential that the management ensures that factory workers are made aware of

the contents of the MSDS throuh training and the use of relevant signs.

HEALTH EFFECTS OF DYES AND CHEMICALS

There is no evidence to suggest that the majority of the dyestuffs currently used in textile dyeing

and finishing are harmful to human health at the levels of exposure that workers generally face

in the factories. However, with long-term or accidental over exposure, there can be potential

health hazards and all dyes and chemicals must therefore be treated with care. The most common

hazard of reactive dyes is respiratory problems due to the inhalation of dye particles. Sometimes

they can affect a person’s immune system and in extreme cases this can mean that when the

person next inhales the dye their body can react dramatically. This is called respiratory

sensitisation and symptoms include itching, watery eyes, sneezing and symptoms of asthma such

as coughing and wheezing.

Perhaps the most prevalent health problems associated with dyeing and finishing processes arise

from exposure to chemicals acting as irritants. These may cause skin irritation, itchy or blocked

noses, sneezing and sore eyes. They include formaldehyde-based resins, ammonia, acetic acid,

some shrink-resist chemicals, some optical whiteners, soda ash, caustic soda and bleach. Certain

reactive, vat and disperse dyes are also recognised as skin sensiters. Fire is a common hazard that

may arise from the use of flammable liquids that are easily ignited or oxidising agents that may

make an existing fire more intense by fuelling it with oxygen. The presence of large quantities of

dry fabric or paper can increase the risk and spread of fires. Faulty electrical wiring can also

cause fires.

Another source of risk is corrosive chemicals, which can cause serious burns and may react

dangerously with other chemicals. Violent reactions may be caused by substances which are

dangerous when wet such as sodium hydrosulphite (Hydros). Hot liquids can lead to scalding

accidents. To reduce the effects of dye and chemical hazards, measures must be taken to prevent

exposure to these substances.

CHEMICAL STORAGE AND DISPOSAL OF WASTE

Dyes, chemicals and other auxiliaries should

be stored in a separate work area and access to

this area should be limited to trained

personnel. The storage area should be kept

relatively cool and dry (within the range

specified in MSDS), and all items must be

recorded in log books and clearly labelled in a

language understood by the chemical handlers. Symbols should also be used and all factory

workers should be trained to recognise them, this is particularly important if literacy levels are

low. The storage areas, balances and all utensils should be kept clean for safety reasons and to

avoid cross contamination. It is important to know what chemicals are present and their

compatibility because when mixed, certain chemicals may react in a hazardous way; they may

react violently, generate much heat or evolve toxic gases. Chemicals must, therefore, be carefully

stored to prevent 10 Health and Safety in the Textile Dyeing Industry the possibility of such

reactions occurring accidently. Some substances, such as Hydros, react violently if contaminated

with a small quantity of water, so should be kept covered, kept off the floor and away from water

sources such as taps and pipes (HSE, 1996b). Waste should be treated and disposed of in a

proper manner as regulated by MSDS, and safety and environmental laws.

FIRST AID

There should always be at least one member of staff on each shift that is trained in “First Aid”

and who is made responsible for all first aid requirements during their shift. A protocol is also

required to ensure that every factory worker knows who the first aid person is and their usual

whereabouts so that they can contact them quickly in an emergency. At least one first aid box

should be made available in an area that is

accessible to all the workers. In larger

factories several boxes may be required in

different areas to ensure that they can

easily be reached in an emergency. The box

should be clearly marked and include some

basic materials such as the following: •

Liquid antiseptic • Band aid • Sterile gauze •

Sterile cotton • Pain killers The first aid

box should be properly maintained by a nominated person and checked regularly. An accident

report book should be kept and an entry should be added for every accident or incident.

Identifying and monitoring the type of incidents that occur should help to improve safety within

a factory

Safety Protocol

LABORATORY SAFETY PROTOCOL

RECORD KEEPING

There are various chemicals present in concentrated doses in a textile dyeing laboratory and

precaution has to be taken to minimize the risks of exposure and accidents. All chemicals, dyes

and other auxiliaries that enter the laboratory should be logged on arrival, clearly labelled as to

what they are and given expiry dates.This is particularly important in the laboratory as small

samples are often taken from the store room in unmarked containers such as bottles, jars and

flasks.

PROTECTIVE GEAR

To minimize exposure to hazardous chemicals

appropriate personal protective gear should be

used. This may include gloves, safety glasses and

masks depending on the chemicals being handled.

It is not necessary to wear gloves or a mask all the

time but the advice on the MSDS should be referred to and followed. If gloves are worn they

should not be taken outside the laboratory. Laboratory coats should also be worn to minimize

exposure from any accidental spills. Mouth pippetting is not an acceptable practice.

TRAINING

Employees that work in the laboratory must be made aware of the risks of the chemicals and

equipment they are using. They should be properly trained in the use of machinery, laboratory

equipment, and the use of dyes and chemicals, as well as the importance of keeping logs of

chemicals used. Further training should be provided on handling of solvents and other harmful

chemicals, and how to deal with accidental spills, contact with skin and eyes, and ingestion of

chemicals. Training should be repeated regularly to ensure that all factory staff are always aware

of current H&S issues.

SAFETY PROTOCOL ON THE FACTORY FLOOR

There are various measures that can and should be taken to minimize accidents on the factory

floor and to ensure a safer working environment. Protective Gear As in the laboratory, care

should be taken when handling the dyes and chemicals as they can be hazardous or toxic to

health. One of the main causes of occupational ill health in textile dyeing factories is respiratory

sensitization from exposure to reactive dyes. Exposure to dust, dyes and chemicals can arise

from dye handling, poor storage conditions, damaged containers, spillage, and from dust which

has previously settled in the workplace. There needs to be minimal exposure to hazardous

substances and this can be done by wearing the appropriate gear, which includes, gloves, goggles

or glasses, boots and dust masks when handling or transporting certain dyes and chemicals,

especially caustic chemicals and acids. It is not necessary to always wear protective gear and at

times it may be restrictive and increase risk but all workers must be made aware of potential

dangers and guidance provided on MSDS should always be followed. Factory workers should

also be informed about what they should do if they become contaminated; eye washes and

showers or hoses should be readily available in suitable places on the factory floor.

ENVIRONMENT

The working environment needs to be kept as dry as possible to prevent accidents. Signs

informing people of damp and wet floors must be displayed when required. Dust should also be

minimized or extracted to reduce inhalation of particles. Exit passageways and stair cases must

never be blocked with obstacles, and all stairs should have hand rails. Emergency exit doors

should never be locked. Proper lighting and ventilation need to be ensured and machinery must

be well maintained to avoid accidents. Head height should be sufficient in all areas to avoid

accidents. Hazardous waste must be disposed of properly in accordance with manufacturers’

guidelines (MSDS) and national policies.

TRAINING

Proper training on the use and maintenance of machinery and other equipment; Health and

Safety; and Fire Hazards and Emergency, needs to be provided. Training should be repeated

regularly - at least once a year. Health and Safety training would include information on the

potential hazards of solvents and chemicals; preventive measures that can be taken to avoid

accidents and to minimize exposure to all dyes and chemicals; and measures to take if such

accidents or exposure do occur. Fire Hazards and Emergency Evacuation training involves

holding regular fire drills and all workers should be trained in the correct use of fire

extinguishers and fire hoses. These should be easily available throughout the factory and

regularly checked by a qualified assessor.

LIFTING AND CARRYING HEAVY OBJECTS

It has been shown that musculoskeletal injuries are the most common type of injuries in the

textile industry. Care should be taken when moving heavy objects, as is often required on the

factory floor. Most musculoskeletal injuries occur due to improper ways of carrying or moving

heavy objects. This can be minimized by sharing the weight between two workers or by using

wheeled trolleys, and maintaining the correct posture when lifting and carrying these objects.

These risks can also be better managed by identifying and assessing which tasks would cause

serious risks of acute injury for example from lifting, or chronic injury from repetitive upper

body work. The weights of sacks and boxes should be kept to 25kg or below and there should be

job rotation and training provided on ways to prevent such injuries.

ROLE OF THE MANAGEMENT

The management should regularly check and document the national laws and regulations

concerning workplace safety. The management should then develop a protocol through which to

implement these laws. It may also be necessary to consider the requirements of certain buyers,

who may have codes of conduct that include aspects of H&S, corporate social responsibility and

environmental responsibility. The protocol given in this document should provide a good basis

for this and if implemented correctly could may improve the safety of the working environment

in most factories.

Provide Basic Needs Employes should be given access to safe drinking water as well as a clean

area for meals. Meals should be taken in a separate area away from the factory production. The

factory staff should also have access to a sufficient number of toilets of adequate quality, this is a

legal requirement and contained in most codes of conduct provided by buyers.

RECORD KEEPING

Records of work related injuries should be made for planning future safety measures. The

management should develop a checklist of measures and actions that need to be conducted

monthly to ensure that safety guidelines are being followed and to investigate incidents where

accidents have happened. This can be done via factory visits and looking for potential hazards in

the workplace, checking the accident and health records, and asking the employees for feedback

on H&S issues. Management should also have a maintenance plan to reduce accidents and

equipment breakdown.

SIGNS

Sings are an important means of informing and reminding staff of H&S issues. Issues wher

sings are importtant includes; • Sufficient fire extinguishers should be made available and signs

should be placed in prominent places so that people are aware of their presence.

Fire alarms and emergency lights should be present, and floor and emergency exit markings

should be clearly visible in appropriate places.

There should also be signs saying “No Food and Drink” in areas such as the laboratory, store

room and factory floor, and any other areas where it is not safe to consume food, for example

because of the risk of contamination by chemicals.

Hazardous chemicals should be clearly marked in an appropriate language and with clear

symbols that people have been trained to recognise and understand.

Heavy objects should be marked as such to avoid musculoskeletal accidents.

Substances or items that present a fire hazard should be clearly labelled with the universally

recognized symbol.

Signs should be placed near inflammable substances stating that it is not permitted to smoke

or have open fires.

Showers and eye washes should be made available and clearly marked.

ROLE OF THE FACTORY STAFF

Each employee should have sufficient appropriate training and experience so that they can

perform all their required job activities. Where relevant each employee should:

Be aware of the contents of MSDS and of potential H&S hazards.

Follow all protocol in the safe handling and disposal of dyes and chemicals.

Be aware of the fire protocol, where fire extinguishers are and where the nearest exit is and

where assembly points are.

Be aware of where the first aid kit is.

Wash hands before meals, when leaving the work area and at the end of the shift. This

will prevent accidental ingestion of chemicals or contact with eyes.

Maintain correct posture when lifting or carrying heavy objects.

Report all accidents and sicknesses to the manager as soon as they occur.

Report any defects or problems with the machinery that might lead to potential accidents.

3.2 HEALTH - SAFETY AND ABSENTISM

Any company not monitoring absenteeism within their workforce is pouring a percentage of

their profits down the drain.  These companies blindly accept that someone taking a few

days off through sickness is just a fact of life that they have to put up with and can do

nothing about.  The real fact of life is that they can improve absenteeism rates if only that

had a few simple Health and Safety procedures in place and the cost of time and effort in

doing so would quickly be repaid by savings in lost and down time.

Here are the latest Health and Safety Executives figures regarding illnesses, injuries and

working days lost which may make some employers reconsider their opinion on the matter.

Illness

2.1 million people were suffering from an illness they believed was caused or made

worse by their current or past work.

1.3 million of these cases were suffered by people working during the year, of which

563 000 were new cases.

2056 people died of mesothelioma (2006), and thousands more from other

occupational cancers and lung diseases.

Injuries

229 workers were killed at work, a rate of 0.8 per 100 000 workers.

136 771 other injuries to employees were reported under RIDDOR, a rate of 517.9

per 100 000 employees..

299 000 reportable injuries occurred, according to the Labour Force Survey, a rate

of 1000 per 100 000 workers.

Working days lost

34 million days were lost overall (1.4 days per worker), 28 million due to work-

related ill health and 6 million due to workplace injury.

No matter what the size of your company you can save money from lost productivity

if you make the effort to implement some simple procedures to monitor absenteeism

through illness within your workforce.  You owe it to yourself and your company as

well as towards your employees to do something about it now.

3.3 HEALTH - SAFETY AND PRODUCTIVITY

Accidents at work and work-related ill health have a negative impact both on company level as

well as on macro level. The negative impact of outcomes of work-related OHS problems and the

correlation between national competitiveness and the national incidence rates of occupational

accidents have been illustrated. , the quality of a working environment has a strong influence on

productivity and profitability. The links between occupational safety and health programmes and

positive effects and outcomes on company performance

OSH should not be seen as purely a cost, but also as an investment to improve the overall

performance of a company, meaning that OSH should be an integral component of general

management. Integrating health and safety in company strategy and policy forms part of the

business strategy and also the continuous improvement circle that drives a company towards

excellence. Outcomes are noticeable on organisational level since occupational safety and health

measures lead to change by creating better working conditions, improving the social climate and

the organisational process.

Companies should be encouraged to integrate OSH programmes/measures to work organisation

and health and safety issues should be considered to be crucial for workplace development that

will pave the way to performance and productivity.

3.4 PROPER ATTENTION TO WORKERS' HEALTH AND SAFETY HAS EXTENSIVE BENEFITS:

Healthy workers are productive and raise healthy families; thus healthy workers are a

key strategy in overcoming poverty.

Workplace health risks are higher in the informal sector and small industries which are

key arenas of action on poverty alleviation, where people can work their way out of

poverty.

Safe workplaces contribute to sustainable development, which is the key to poverty

reduction.

The processes of protecting workers, surrounding communities and the environment

for future generations have important common elements, such as pollution control and

exposure reduction.

Much pollution and many environmental exposures that are hazardous to health arise

from industrial processes, that can be beneficially influenced by occupational health

and safety programmes.

Occupational safety and health can contribute to improving the employability of

workers, through workplace (re)design, maintenance of a healthy and safe work

environment, training and retraining, assessment of work demands, medical diagnosis,

health screening and assessment of functional capacities.

Occupational health is fundamental to public health, for it is increasingly clear that

major diseases (e.g. Aids, heart disease, cancer) need workplace wellnessprogrammes.

BENEFITS OF PROMOTING A HEALTHY WORKFORCE TO THE ORGANISATION

A well-managed health and safety programme

a positive and caring image

improved staff morale

reduced staff turnover

reduced absenteeism

increased productivity

reduced health care/insurance costs

reduced risk of fines and litigation

BENEFITS OF PROMOTING A HEALTHY WORKFORCE TO THE EMPLOYEE

A safe and healthy work environment

Enhanced self-esteem

Reduced stress

Improved morale

Increased job satisfaction

Increased skills for health protection

Improved health

Improved sense of well-being

VARIOUS CASES

(a) Due to improper safety and cleanliness in the factory premises while working on the

weaving machine a worker got bitten by a snake, which made the management responsible for to

pay the compensation towards same.

(b)

(c) The worker was working on the machine and d

STATEMENT OF PROBLEM:

Looking towards the current scenario textile industry is at a boom and with effect to that all the

factories/ manufacturing units are on full fledge working mode. The factories along with its good

working, fail to maintain the proper health and safety measures which are required to be adhered

by the company for to safeguard their employees which leads to many various problems for the

employees as well as for the management.

So major of the cases are due to the improper health and safety measures which can be avoided if

proper and adequate care is taken regarding the same.

OBJECTIVES:

To know awareness about the concept of “Employee health and safety”.

To know employees welfare strategies in textile industries at Surat city.

To give suggestions to improve the labor welfare measures.

Explain the need for adopting safety measures in factories.

Describe the safety measures provided for in the Factories Act.

Understand the relationship between safety measures and efficiency.

RESEARCH METHODOLOGY:

4.1Problem definition

The objective of this was to determine if factories are following the proper compliance of the

health and safety measures as per the factories act 1948 and how does it affects the employes

working in the organization and to know that an interview was conducted and along with it

participative and through observations the analysis was done.

FINDINGS:

The lack of knowledge by senior managers of health and safety principles, legislation and

management systems.

A limited and reactive role for the health and safety supervisor, typically associated with

limited time, resources and support to attend to health and safety, and sometimes in the

context of the development of a broader role for the supervisor in relation to quality

management.

Over-reliance on health and safety specialists to drive health and safety activity without

sufficient management involvement and support.

Safety officer are not experts.

As there are lot of laborers in factory one safety officer is not able to look over all the

employees.

Management took safety training as a cost and not as an investment.

Proper allotment of budget for safety training was not there.

Few labourers aren’t too keen about the training being imparted to them regarding the

health and safety which leads to their loss and also to the management

Even though management provides the employees with most of the possible and needed

safety equipments laborers don’t use them when they are needed to do so.

CONCLUSION

Safety and health measures play an important role in any industry. It is essential that the workers

be aware of the various occupational hazards in the industry. At the same time, it is necessary

that the management take the necessary steps to protect workers from potential hazardous

situations.

 

The following suggestions can be made to improve the safety and health conditions in textile

units:

The seats of the workers and the tables should be well aligned in height so that there is no

musculoskeletal strain.

There should be proper lighting at the place of work so that eye strain can be avoided.

Machinery should be well maintained in order to reduce the level of noise. If necessary,

certain parts of machines can be replaced.

In case the noise level cannot be controlled, workers should be provided with earplugs so

that exposure to noise can be reduced.

Workers can be rotated within jobs so that they are not faced with continuous noise

exposure for a long period of time.

There should be proper ventilation at the place of work.

In order to reduce the exposure to dust, workers should be provided with masks.

Trained medical personnel and first aid facilities as well as safety equipments such as fire

extinguishers and fire alarms should be available at the place of work.

In units where there is heavy exposure to dangerous chemicals, workers should be

provided with safety gloves.

Proper dust control equipment should be set up and maintained to reduce the workers

exposure to cotton dust.

Medical examinations should be conducted by the employers for the workers from time

to time. If significant occupational health problems are observed, appropriate measures

should be taken by the management.