Inspection Mechanism For Factories
The main objective of Inspection mechanism being developed by the Office of the chief Inspector of Factories and Boilers is to ensure safe working place for the factories located in the Union territory of Puducherry. This system would be a more rational one to provide transperability and accountability of inspections, complying with the provisions of the Factories Act, 1948 and Allied Rules made thereunder. Certain criteria has been followed for the conduct of inspections, based on the type and class of factories. For the purpose of inspection mechanism, factories are classified under the following categories:-
|Category Nomenclature||Risk Potential||Type of Fatories|
|Category – A||Very High Risk||Major Accident Hazard (MAH) Industries|
|Category – B||High Risk||All units covered under Hazardous / Dangerous operations|
|Category – C||Medium Risk||Factories engaging more than 50 workers|
|Category – D||Low Risk||All non-hazardous factories engaging less than 50 workers, like Engineering workshops, plastic industries etc|
2. Scope of this Mechanism:-
This Inspection mechanism covers all the factories registered under the Factories Act, 1948, covering all the four regions of the U.T. of Puducherry, viz., Puducherry, Karaikal, Mahe and Yanam.
3. Type of Mechanism:-
(i) First Inspection (ii) Mandatory Inspections (iii) Optional Inspections (iv) Team Inspections
(i) First Inspection:- All the factories are subjected to First Inspection (using a standardized Checklist for First Inspection) when registered / licenced afresh.
(ii) Mandatory Inspections:- The following categories of factories will be mandatorily inspected atleastonce in a year. (a) Category – A – Major Accident Hazard Industries (presently 3nos. of factories). (b) Factories under Category – B – High risk industries covered under First Schedule of the Factories Act, 1948. (c) Factories in which fatal accidents have occurred in the past two years. (d) Factories in which repeated violation / complaints in respect of Occupational Safety, Health and Welfare (as required under the Factories Act, 1948)
(iii) Optional Inspections:- (a) 50% of factories under category – C would be inspected every year (with periodicity) (b) 30% of factories under category – D would be inspected every year (with periodicity) (c) Inspections carried out based on petition / complaints as and when necessary.
(iv) Team Inspection:- Team inspections are carried out for any specific complaints received from Higher authorities / involving multiple departments.
4. Methodology of Inspections:-
(i) All occupier shall submit their Half Yearly Returns and Annual Returns on – line using FIRMS (Factory Information and Returns Management System) portal of the Labour Department, Government of Puducherry. (ii) Based on the criteria of inspection, at least 20nos. of factories would be inspected covering all the categories every month by each inspector.
5. Procedure for Inspection:-
(i) Inspections are carried out all the Inspectors of Factories in the factories under their jurisdiction. (ii) The Inspector shall have a structured Inspection Form (Separate form for First Inspection and Subsequent inspections, will be used) at the time of inspection. (iii) The Inspector shall carry out the inspection to check for compliance in respect of the various provisions of the Factories Act, 1948 such as Layout of factory as per the plans approved, safety, health and welfare provisions etc., (iv) Separate inspection shall be carried out for amendment in motive power and number of workers, as and when necessary. (v) In the case of any accident (fatal/non-fatal) or dangerous occurrence, upon receipt of Notice of Accidents from the management or other sources such as newspaper, from Police or other authorities, investigation would be carried out within 2 days from the date of receipt of such report. (vi) Issuance of Inspection order / Show Cause notice to the occupiers /managers of the factories inspected, within 15 days / 7 days respectively. (vii) Further action, as deemed necessary is taken based on the reply received in the caseof Show Cause notice is viewed with seriousness, and if not satisfactory, prosecution is launched against the occupier and manager of the said factory.
6. Timeline for Inspection:-
|Salient Steps in Inspection||Time line from the date of receipt|
|Fresh / registration / Amendment||Within 7 days|
|Report of Accident||Within 2 days|
|Inspection order||Within 15 days|
|Show Cause notice||Within 7 days|
|Petition||Within 7 days|
|Prosecution||Within 3 Months (as required under the Act)|