By a Notification dated 9th August, 2019, the Labour Department of the Government of Puducherry (“Department”), in order to further amend the Puducherry Factories Rules, 1964, introduced a Draft Rule which will be taken into consideration by the Department within 45 days of the issue of the notification i.e. on 24th of September, 2019.
The Department, before the expiry of the said period is also open to suggestions which have to be addressed to the Secretary to Government (Labour), Labour Department, Puducherry.
The Amendment seeks to provide sanitary napkins along with disposable dustbins in the women’s washroom. It also seeks to impose a duty upon the Occupier to provide Safety Protection Equipments to the workers keeping in mind the various nature of hazards.
The changes proposed to be brought in the Rules have been recorded in tabular form below:
| Principal Rules
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Draft Amendment Rules | Implication |
| Rule 42:
Latrine Accommodation:
Latrine Accommodation shall be provided in every factory on the following scale:
(a) When women are employed there shall be at least one latrine seat for every 20 women.
(b) When women are employed there shall be at least one latrine seat for every 20 women.
Provided that where the number of males employed exceeds 100, it shall be sufficient if there is one latrine seat for every 20 males upto the first 100, and one for every 50 thereafter. In calculating the number of seats required under this Rule, any odd number of workers less than 20 or 50, as the case may be shall be reckoned as 20 or 50 and the maximum number of persons working in the factory at any time and not the total number of persons employed in the factory shall be taken into account.
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Rule 42:
Latrine Accommodation:
Latrine Accommodation shall be provided in every factory on the following scale:
(a) When women are employed there shall be at least one latrine seat for every 20 women.
(b) When women are employed there shall be at least one latrine seat for every 20 women.
(c) Sanitary Napkins of adequate quantity conforming to Indian Standards shall be provided and maintained in the women’s toilets for their use, and the same be replenished on daily basis.
(d) Disposable bins with lids shall be provided within the women’s toilets for the collection of the used napkins. The used napkins shall be disposed off as per the procedure approved by the Inspector.
Provided that where the number of males employed exceeds 100, it shall be sufficient if there is one latrine seat for every 20 males upto the first 100, and one for every 50 thereafter. In calculating the number of seats required under this Rule, any odd number of workers less than 20 or 50, as the case may be shall be reckoned as 20 or 50 and the maximum number of persons working in the factory at any time and not the total number of persons employed in the factory shall be taken into account.
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Women’s washroom will now be provided with an adequate quantity of fresh sanitary napkins and disposable bins for the collection and disposal of used napkins.
Previously there was no regulation to provide fresh sanitary napkins for women or disposable bins for the disposal of such used sanitary napkins. Pursuant to Rule 44 (c) and (d) of the Model Factory Rules, the Labour Department has proposed these changes. |
| Rule 65 J:
Protective Equipment:
(i) The Inspector may having regard to the nature of hazards involved in the work and process being carried out, order the manager or the occupier in writing to supply to the workers exposed to particular hazard any personal protective equipment as may be found necessary.
(ii) All protective equipments provided to workers as required under any of the provisions of Act or the Bureau of Indian Standards. |
Rule 65 J:
Protective Equipment:
(1) All workers should be mandatorily provided with Personal Protective Equipments as required under the relevant provisions of the Act or the Rules and such Personal Protective Equipments shall conform to the prescribed National Standard. The occupiers shall require the workers to use such Personal Protective Equipments and the same shall be maintained in proper working conditions by the occupier. No charge whatsoever shall be charged by the occupier from the workers for provisions of such Personal Protective Equipments
(2) Without prejudice to the generality of the provisions of sub-rule (1), various types of PPEs to which this rule shall extend for use in factories shall be as prescribed below. (i) Safety Helmet.—All workers who are likely to be exposed to any hazard which may cause head injury shall be provided with safety helmets conforming to prescribed National Standards. All the workers shall be adequately (rained on proper use of such Personal Protective Equipments. When work at height is being carried out such safety helmet shall be provided with a nape strap. No safety helmet which has resisted an impact shall be reused. Periodic cleaning and visual inspection to check any deformation in size or shape shall be carried out. (ii) Protective Footwear.— Protective footwear should be provided to workers who are exposed to hazards which are likely to cause injury to them by way of materials being dropped on their feet or nail or other sharp objects penetrating their sole. The type and nature of foot wear to be used at workplaces shall he decided by the occupier based on the nature of work being carried at such work places. Proper disinfection shall be carried out to prevent contagious fungal infection of the skin that causes scaling, flaking and itching of the affected areas. Proper medical care shall be carried out to prevent workers from suffering from ingrown nails, metatarsalgia, heel spur, hammer toes and nerve damage after wearing safety shoe. (iii) Safety Goggles and Spectacles.—The prescribed National Standard shall be applicable for eye-protection intended for use in industrial undertakings to provide protection for the eyes of the workers against hazards such as flying particles and fragments, splashing materials and molten metal’s harmful dust, gases or vapours, aerosols and radiations which are likely to impair vision or damage the eyes. Additional eye protection over their prescription lenses shall be used ensuring that the protective eyewear does not disturb the proper positioning of the prescription lenses. (iv) Equipment for eye and face protection during welding.— Prescribed National Standard shall be followed for the requirements of goggles, hand shield and helmet intended to protect an operator above the shoulder from harmful radiation, spark and particles of hot metal during welding, cutting and similar operations employing a gas flame or electric arc. (v) Gloves and Protective Clothing.— Suitable gloves, leather gauntlets and mittens conforming to prescribed National Standard shall be used for protection of hands of the workers from getting injured. Such protective gloves shall be provided where the hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes. Suitable protective clothing as per prescribed National Standard available for apron (Rubberized, acid and alkali resistant) shall be used for protection of workers who are likely to be exposed to any hazard which may cause injury to their skin. (vi) Ear protection when exposed to noise.— Protection against the effects of noise exposure shall be provided when the sound levels exceed the prescribed standards. The prescribed National Standard shall be followed while selection of suitable ear protection. Periodic disinfection of reusable ear protectors shall be carried out to eliminate hearing loss caused by infection, discharge, pain, etc., in the ear. (vii) Respiratory Protection.— Respiratory protective equipment based on the nature of hazard as per the prescribed National Standard shall be provided by the occupier of the factory to the workers for their respiratory protection against dust, fumes, gases, particulates, etc. Clinical examination and appropriate medical tests shall be undertaken to avoid irritant dermatitis, nose bridge sores, etc., because of prolong use of respiratory personal protective equipment. (viii) Other Protective Equipment.— Appropriate personal protective equipment based on the nature of hazards as per the prescribed National Standard shall be provided by the Occupier to the workers. These shall include the following:– (a) Safety harnesses with independently secured lifelines where protection against falls cannot be provided by other appropriate means. (b) Life vests and life preservers where there is a danger of falling into water. (c) Distinguishing clothing or reflective devices or otherwise conspicuously visible material when there is regular exposure to danger from moving vehicles.
(3) The Inspector may, having regard to the nature of the hazards involved in work and process being carried out, order the occupier or the Manager in writing to supply to the workers exposed to particular hazard any personal protective equipment conforming to prescribed National Standard as may be found necessary. |
Specific Personal Protective Equipments are now mentioned which the occupier will have to mandatorily provide for the safety and protection of the workers from the various types of hazards.
Previously there was no proper interpretation as to what would include “Personal Protective Equipment”. With the proposed Amendment, the occupier is now imposed with a duty to provide the specific Safety Equipments mentioned for specific nature of hazards. |
Source: Labour Department of the Government of Puducherry
