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Business Laws and Ethics · Factories Act, 1948

Health and Safety Provisions in Factories Explained

Updated 10 October 2026 · Fact-checked

Health and safety provisions are legal duties on a factory's occupier to keep workrooms clean, ventilated and at a comfortable temperature, guard machinery, control hazardous processes and dangerous operations, and provide welfare. To answer a question, name the duty, who owes it, who can prescribe standards, and the consequence of breach.

Understand Health and Safety Provisions in Factories

A factory exposes workers to heat, dust, moving machinery and chemicals. The law therefore puts a duty on the occupier (the person with ultimate control of the factory) to protect workers. These duties are your answer to the question: what must a factory do to keep people safe and healthy?

The Factories Act, 1948 grouped these duties under health, safety, hazardous processes and welfare. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) re-enacts and widens them. Your syllabus covers both, so know the idea first and then the legal source.

Health covers cleanliness, ventilation and temperature. Under section 13 of the Factories Act, every workroom must have adequate ventilation by circulation of fresh air, and a temperature that gives reasonable comfort and prevents injury to health. Walls and roofs must be designed so the temperature is kept as low as practicable. Where work produces excessively high temperatures, practicable measures must protect workers, such as separating the process from the workroom or insulating hot parts. The State Government may prescribe standards and require measuring instruments and records. If the Chief Inspector finds high temperatures can be reduced, he may serve a written order on the occupier naming the measures and a date.

Dangerous operations and hazardous processes need extra control. Under section 87 of the Factories Act, the State Government may make rules for a process that exposes workers to serious risk of bodily injury, poisoning or disease. Section 41G requires a Safety Committee, with equal worker and management representatives, in a factory with a hazardous process or hazardous substances. Under the OSH Code, section 82 covers dangerous operations and section 84 covers compulsory disclosure of information by the occupier of a hazardous-process factory.

Employer duty under section 23 of the OSH Code: the employer must maintain the health, safety and working conditions prescribed by the Central Government. These can include cleanliness, ventilation, temperature, humidity, drinking water, lighting, latrines and waste treatment. Safety of machinery and welfare facilities are also part of your syllabus; for their detailed rules use your study material, as they are not in the text covered here.

Key rules to remember

Ventilation and temperature duty (Factories Act, s.13(1))
Adequate ventilation by circulation of fresh air + temperature giving reasonable comfort and preventing injury to health
Applies to every workroom. Walls and roofs must keep temperature as low as practicable.
High temperature measures (s.13(1)(ii))
Separate the process from the workroom, insulate hot parts, or use other effective means
Only 'adequate measures as are practicable' are required.
Standards and records (s.13(2))
State Government prescribes standards; may direct measuring instruments and records
The State, not the Centre, prescribes under the Factories Act.
Chief Inspector's order (s.13(3))
Written order to occupier specifying measures + a date by which to carry them out
Issued where excessively high temperatures can be reduced by suitable measures.
Dangerous operations (Factories Act s.87)
Serious risk of bodily injury, poisoning or disease → State Government rules
Rules can declare the process dangerous, restrict employment of women, adolescents or children, require medical examination, and require protective equipment.
Safety Committee (s.41G)
Hazardous process or substances → Safety Committee, equal workers' and management representatives
The State Government may exempt by written order, with reasons recorded.
Dangerous operations (OSH Code s.82)
Appropriate Government rules: specify and declare dangerous; restrict pregnant women; periodic medical examination at occupier's cost; welfare and protective equipment
Medical examination is at the occupier's cost.
Employer responsibility (OSH Code s.23)
Employer maintains health, safety and working conditions as prescribed by the Central Government
Matters include ventilation, temperature, humidity, drinking water, lighting, latrines, waste treatment.
Disclosure for hazardous process (OSH Code s.84)
Disclose dangers to workers, Chief Inspector-cum-Facilitator, local authority and public; lay down health and safety policy; on-site emergency plan; inform 30 days before starting a new hazardous process
Breach of the 30-day intimation makes the licence under section 79 liable for cancellation.

How to solve Health and Safety Provisions in Factories questions

Use this order for any question on health and safety provisions, whether it is a theory note or a case scenario.

  1. 1Identify the heading: health, safety of machinery, hazardous process, dangerous operation or welfare.
  2. 2Name the Act. Say whether you are answering under the Factories Act, 1948 or the OSH Code, 2020, and give the section if you are sure of it.
  3. 3State the duty in plain words and say who owes it: the occupier, or the employer under section 23 of the OSH Code.
  4. 4List the specific requirements, using the words of the law, for example ventilation by circulation of fresh air.
  5. 5State who prescribes standards or enforces: the State Government, the Central Government, or the Chief Inspector.
  6. 6For a scenario, apply the rule to the facts and give a clear conclusion.
  7. 7Close with the consequence of breach where relevant, such as a Chief Inspector's order or licence cancellation.

Quickest way: Duty, Who, Standard, Breach

When to use it: When you have a few minutes for an MCQ or a short note and need a complete answer fast.

  1. Duty: write the core duty in one line.
  2. Who: name the occupier, employer or Government body involved.
  3. Standard: write what is required or who sets the standard.
  4. Breach: add the order, cancellation or action that follows.
  5. For MCQs, match the exact detail: 30 days, equal representation, occupier's cost, Safety Committee.

Common mistakes in Health and Safety Provisions in Factories

  • Mixing up the Factories Act, 1948 and the OSH Code, 2020 section numbers.

    Both have a section called Dangerous operations, with different numbers and wording.

    Fix: Link them: section 87 is the Factories Act, section 82 is the OSH Code. Always name the Act.

  • Saying the temperature must be kept low in all cases.

    Students shorten the rule.

    Fix: The law requires reasonable comfort, no injury to health, and temperature kept as low as practicable in walls and roofs design.

  • Saying the Safety Committee has more workers than managers.

    Students assume it favours workers.

    Fix: Section 41G requires an equal number of worker and management representatives.

  • Writing that only the State Government can prescribe conditions.

    The Factories Act gives powers to the State.

    Fix: Under section 23 of the OSH Code the Central Government prescribes health, safety and working conditions. Check the Act first.

  • Forgetting who pays for medical examination in dangerous operations.

    Students recall only the examination itself.

    Fix: Section 82 of the OSH Code puts it at the occupier's cost.

Worked examples

Example 1

Explain the provisions of the Factories Act, 1948 relating to ventilation and temperature in a factory.

Show the solution
  1. Start with the duty: section 13(1) requires effective and suitable provision in every workroom.
  2. State the two aims: adequate ventilation by circulation of fresh air, and a temperature giving reasonable comfort and preventing injury to health.
  3. Add the particulars: walls and roofs must be of suitable material and design so the temperature is kept as low as practicable.
  4. For excessive heat: practicable measures such as separating the process from the workroom or insulating hot parts.
  5. State section 13(2): the State Government may prescribe standards and require measuring instruments and records.
  6. State section 13(3): the Chief Inspector may serve a written order on the occupier specifying measures and a date.

Answer: Every factory must secure adequate ventilation and a comfortable, safe temperature in each workroom, with extra protection against high temperatures. The State Government may prescribe standards and instruments, and the Chief Inspector may order measures to be completed by a set date.

Example 2

A chemical factory proposes to begin a new hazardous process after the commencement of the OSH Code, 2020. State the occupier's obligations under section 84 and the consequence of non-compliance.

Show the solution
  1. Identify the section: section 84, compulsory disclosure of information by the occupier of a hazardous-process factory.
  2. Before starting: under section 84(5), inform the Chief Inspector-cum-Facilitator about the nature and details of the process within a period of thirty days before commencement, in the form and manner prescribed by the State Government.
  3. Disclosure: under section 84(1), disclose information on dangers, health hazards and remedial measures to workers, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority and the public nearby.
  4. Policy and plan: lay down a health and safety policy at registration and an on-site emergency plan with the Chief Inspector-cum-Facilitator's approval.
  5. Consequence: under section 84(6), the licence issued under section 79 is liable for cancellation, in addition to any penalty under the Code.

Answer: The occupier must inform the Chief Inspector-cum-Facilitator within thirty days before beginning the process, disclose hazards, have a safety policy and emergency plan. If the occupier fails to give the intimation, the factory's licence is liable for cancellation, besides penalties.

Exam tips

  • Always name the Act. Examiners reward the correct source, and the two Acts have different section numbers.
  • Use the numbers precisely: thirty days, equal representation, occupier's cost. MCQs test these.
  • For long answers, structure by sub-heading: ventilation, temperature, hazardous process, dangerous operations, welfare. Each earns step marks.
  • In scenarios, apply the rule to the facts and state a conclusion in the last line.
  • Learn the machinery safety and welfare provisions from your study material, since questions often combine them with section 13.

Practice questions from Factories Act, 1948

Health and Safety Provisions in Factories in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Health and Safety Provisions in Factories: frequently asked questions

Who is responsible for health and safety in a factory?

The occupier carries the duties under the Factories Act, 1948. Under section 23 of the OSH Code, 2020 the employer must maintain the prescribed health, safety and working conditions.

What does section 13 of the Factories Act say?

It requires adequate ventilation and a temperature giving reasonable comfort in every workroom. It also deals with excessive heat, State standards and the Chief Inspector's written order.

What is a Safety Committee under the Factories Act?

Section 41G requires one in a factory with a hazardous process or hazardous substances. It has equal representatives of workers and management, and the State Government may exempt a factory with reasons recorded.

What must an occupier disclose for a hazardous process under the OSH Code?

Section 84 requires disclosure of dangers, health hazards and remedial measures to workers, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority and the nearby public. The occupier must also have a safety policy and an on-site emergency plan.