Explain the term: Occupier under the Factories Act, 1948.

Question: Explain the term: Occupier under the Factories Act, 1948.

Find the question and answer of Labour Law only on Legal Bites. [Explain the term: Occupier under the Factories Act, 1948.]

Answer

According to Section 2 (n) of the Factories Act 1948, an occupier can be defined as a person who has ultimate control over the affairs of the factory. In simple terms, Occupier is someone who is responsible for all the matters related to the factory.

In other words, the occupier is the person who has overall responsibility for the management and administration of the factory. This includes responsibility for the health, safety, and welfare of the workers in the factory, as well as compliance with all the provisions of the Act. 

The occupier is responsible for ensuring that the factory is run in accordance with the provisions of the Act, and for taking all necessary steps to prevent accidents and ensure the safety of the workers. This includes ensuring that the factory is properly equipped with safety devices and that workers are trained in the safe use of machinery and equipment.

The occupier is also responsible for maintaining records and registers required under the Act, such as the register of accidents and dangerous occurrences, the register of adult workers, the register of child workers, and the register of leave with wages.

The Duties of the Occupier under the Factories Act 1948 are:

a. Obtain a License for the Establishment of a Factory

The first and foremost duty of the Occupier under the Factories Act 1948 is to obtain permission in writing from the State Government or the Chief Inspector for the site on which the factory is to be situated under section 6 of the Act.

b. Serve Notice to the Chief Inspector for the Permission of Factory

The Occupier needs to serve a notice to the Chief Inspector as per section 7 at least 15 days before starting to use the factory premises. The Notice must contain the following information:

1. Name and Address of the Occupier and the factory

2. Name of the owner of the premises

3. Address for communication

4. Nature of the manufacturing process which would be carried out in the factory

5. Total No. of house powers that are required to be installed

6. Name of the manager of the factory

7. No. of employees that are likely to be employed in the factory

8. Any other particulars as prescribed under the Act

c. Act as a Manager of the Factory

It is one of the Duties of the Occupier to act as a manager of the factory and manage everything in the factory till the time an actual manager is appointed in the factory.

d. Maintain and Provide the Plant and Systems of Work

The Occupier is obligated to provide the required plant and factory work systems to facilitate the smooth functioning of operations of the factory and avoid any delay in the same.

e. Make Adequate Arrangements in the Factory to ensure Safety

The duties of the Occupier include making arrangements within the factory to ensure safety and avoid any risks of injuries or the health of the workers by ensuring proper arrangements for the use, storage, handling, and transportation of substances or articles.

f. Provide Training to the Workers

The Occupier is responsible for providing adequate training, information, instruction and supervision to its workers as are essential to ensure the safety and health of the workers of the factory.

g. Maintain a Safe and Healthy Working Conditions

The Occupier must ensure to provide safe and healthy working conditions to its workers by keeping a check on the cleanliness and hygiene and fulfilment of basic necessities like drinking water and sitting space for the factory workers.

h. Formulate a Policy for the Factory

The Occupier must formulate a policy for the factory consisting of the health and safety measures within the factory and make sure that the workers abide by the policy.

i. Appoint Safety Officer

The Factories Act provides the Duties of the Occupier such as the appointment of the Safety Officer.

According to Section 40-B of the Act, the safety officer must be appointed by the Occupier in case there are 1000 or more workers in the factory or

If the State Government is of the opinion that the manufacturing process carried out within the factory can cause any bodily injury, disease, poisoning or any other hazard to the workers’ health.

j. Disclose Compulsory Information

As per Section 41- B, it is the duty of the Occupier to disclose the compulsory information and obtain approval of the Chief Inspector regarding the following.

1. The hazardous process is carried on in the factory.

2. The policy formulated by the Occupier about the health and safety measures untaken for the workers involved in the hazardous process

3. Design the site emergency plan and detailed disaster control measures for the workers’ safety and obtain the chief inspector’s approval for the site plan and the enlisted measures.

The Occupier must note that he is obligated to inform the same to the workers in the factory as well as the general public within the vicinity of the factory.

Measures for the use, storage, handling, and transportation of hazardous substances or articles inside the factory and their disposal outside the factory and spread awareness about such measures among the workers and general public within the vicinity of the factory area.

k. Fulfil the Specific Responsibility regarding hazardous Processes

Section 43-B, there are certain specific Duties of Occupier that he must fulfil. The duties include the following –

1. Maintenance of the (adequate and up-to-date) health or medical records of the workers of the factory

2. Appointment of qualified personnel for handling the hazardous substances

3. Facilitation of the medical examination of the workers.

l. Set up a Safety Committee

Another duty as per the Duties of Occupier under Factories Act 1948 is to set up a Safety Committee in the factory involving the hazardous process. the safety Committee must comprise of equal representatives of workers and management to promote co-operation between the both to maintain the health and safety standards and review the same periodically.

m. Take Remedial action in case of Danger.

The Occupier is obligated to take instant remedial action in imminent danger and send a report of the same to the Chief Inspector.

n. Provide the Welfare Activities

The Occupier must ensure to provide all the welfare facilities as mentioned in Chapter V of the Factories Act 1948.

o. Formulate a Scheme for Annual Leave with Wages

The Occupier, along with the chief inspector, must formulate a scheme for annual leave with the wage for the factory workers after agreement with the representatives of the Works Committee established under Section 3 of the Industrial Dispute Act 1947 or any other relevant Act.

p. Conduct Occupation and Heath Survey

Another duty on the list of Duties of the Occupier is conducting health and occupational surveys of the workers in the factory. The Occupier must ensure sufficient arrangements for the testing and examining of the plant and machinery, collection of samples or any relevant data required for conducting the survey.

In conclusion, the occupier is a key person in the management and administration of a factory and has a range of responsibilities under the Factories Act, 1948 to ensure the safety, health, and welfare of the workers in the factory.