The Government of Haryana has revised the conditions in respect of safety and security measures for factories intending to apply for exemption (under the provisions of the Factories Act, 1948) on employing women during night shifts i.e., between the hours of 7:00 pm to 6:00 am. The prescribed conditions are in supersession of all earlier Notifications in this regard and such exemption will be valid for one calendar year.
Key Highlights:
- Written declarations must be obtained from each woman worker, including security personnel, supervisors and shift in-charges explicitly consenting to night shift employment.;
- The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules framed thereunder or any other law or any other instructions/conditions issued in this regard from time to time by the Central Government or State Government, are required to be complied with by the occupier of the factory;
- Adequate lighting and CCTV surveillance must be installed both within factory premises and in surrounding areas accessible to women workers during the course of their work.;
- The occupier or manager shall ensure that the women workers are employed in a batch of not less than four;
- The occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers. Provided that a women worker may opt out of transportation facility by giving her consent if she is willing to come to workplace by herself. Provided further that the occupier may pool the transportation facility by tie-up with the external transporters;
- At least one female security guard shall be provided in the factory during the night shift;
- Appropriate medical facility by engaging a doctor/female nurse shall be provided during the night shift. However, the occupier may pool the ambulance services and other necessary medical facilities by tie-up with the nearby hospital to meet any emergent situation during the night shift. The important telephone numbers such as hospitals, Ambulance, Police etc. shall also be displayed at prominent places;
- In other respects. the provisions of the Factories Act, 1948 and the Rules of other statutory provisions with respect to the hours of work, rest intervals, holidays, separate canteen or rest room facility for women workers, the provisions of Payment of Equal Remuneration Act and all other Labour Legislations shall be followed by the occupier of the factory;
- An express report should also be sent to the concerned Assistant Director, Industrial Safety & Health and local Police Station as well, whenever there is some untoward incident;
- Any other condition may be specified in this regard by the State Government from time to time.
Source: Labour Department of Haryana
