Factories Ordinance
No. 45 of 1942
By
Chathuni B. Jayasinghe
Departement of HRM
University of Kelaniya
Factories Ordinance
No. 45 of 1942
 Subsequent amendments
◦ Act no. 22 of 1946
◦ Act no. 54 of 1961
◦ Act no. 12 of 1976
◦ Act no. 18 of 1998
◦ Act no. 33 of 2000
◦ Act no. 19 of 2002
General...
 This ordinance covers the area of
Industrial Safety in Labour Law
 All the provisions of the Factories
Ordinance all to all premises defined as a
“Factory” under this ordinance.
 Main objective: To ensure Industrial health,
safety & welfare of employees working in
factories.
Administration..
 Within Sri Lanka, with regard to the
Factories Ordinance & its subsequent
amendments the Department of Labour
becomes the governing in this aspect.
 Apart from the requirements specified by
this ordinance, the employer have to abide
by various compliances (requirements)
imposed/required by the customers or the
buyers based on ILO requirements
What is a factory?
 Definition of a factory under Factories
Ordinance
 Section 126 (1) of the Factories
Ordinance defines a factory as “ a factory
would be any place or premises in which
people are employed in manual labour for
any of the following purposes;
Definition...
i.
Making an article or a part of an article
ii.
Altering, repairing, ornamenting, finishing,
cleaning and washing or breaking up or
demolition of any article
-
-
Eg : breaking a house & selling out building material
comes under the definition of a factory
Demolition – pull or knock down a building
If this is away from the factory premises and
continues to be in the same operation, comes
under the definition of a factory
The work has to be carried on for the purpose of
trade or a gain
If the article or the item produced is for donation,
does not come under the definition of a factory
Definition...
iii.
Any yard or dry dock in which ships or
vessels are constructed, reconstructed,
repaired, refitted, finished or broken up
iv.
Any place where sorting out of any
article is carried out for the factory,
preliminary to the work carried out in
the factory
- Eg : Tea Factories
Definition....
Any premises in which the business of
washing or filling bottles or containers
is carried out
v.
- Eg :Vinegar, Mineral water
vi.
Packing of articles for a factory or
related to the operations of the factory
- Eg : Garment Industry
Definition....
vii. Any premises in which hooking (to be
fastened with, eg. Chains), plating,
lapping, making up or packing of yarn is
carried out
viii. Any laundry carried out on for a factory,
for a business or for a public institution
- Eg : government hospital’s washing of bed
spreads
Definition....
ix.
Any place where construction,
reconstruction or repair of vehicles for
a business or for a factory takes place
- Eg : push bicycles are excluded
x.
Any place where printing is carried out
for a gain or for a factory or related to
a factory. Bookbinding is also included
Definition...
xi.
Any premises where making or redoing
of dresses, making or repairing of any
scenary or property is carried out for
the purpose of a gain of a film or a
drama, that place is covered.
- Eg : Ceylon Theatres
xii. Any place where making or mending of
nets is carried out for fishing industry is
a factory
Definition....
xiii. Any place where mechanical power is
used to make or repaire articles of
mettle or wood for gain
xiv. Any place where a building is
constructed or engineering work is
carried out for trade or for gain
Definition...
xv. Any place which is used for the storage
of gas, having a capacity of not more
than five thousand cubic feet.
xvi. Any workplace which is engaged in any
of the businesses/activities having two
or more people working in that, comes
under the definition of a factory
Definition...
xvii. Open air premises too if engaged in
above activities will be considered as a
factory
xviii.Minister may decide to consider
different branches or departments of a
factory in the same premises as
different factories
Definition...
 If only family members are employed, such
a situation will not be considered as a
factory.
 If the above kind of work is done for
charity it doesn’t come under a factory.
 Each of these tasks should be performed
continuously, not for one day.
Registration of a factory
 The factories ordinance requires a factory
to be registered.
 The Factories Amendment Act no. 12 of
1976 makes it an offence to be the
occupier of any factory whether
established before or after the
amendment’s date, unless such factory is
registered and licensed in accordance
with the provisions of the ordinance.
Registration....
 This rule applies to the construction of a
new factory as well as to take extensions to
existing factories and to conversions of
existing buildings in to factories.
 It is obligatory that prior to the construction
or alterations, the site at which such
construction or modification is to be done,
be approved by the Chief Inspecting
Engineer or the District Factory Inspecting
Engineer.
General Register.....
 The General Register maintained in an
up-to-date manner, should be kept in
every factory and made available to the
Factory Inspecting Engineer whenever the
factory is inspected.
 Accidents, dangerous occurrences and
cases of industrial diseases or of
poisoning should be entered in the
register.
Health (General Provisions)
 The Factories Ordinance no. 45 of 1942
requires for the following with respect to
health conditions of workers employed;
1. Cleanliness
 The factory’s cleanliness must be ensured.
 The factory must adopt a suitable way of
cleaning the premises, such as
◦ Daily removing the dust and waste or
accumulation of dirt, from floors, benches,
tables, staircases, machinery etc....
◦ Weekly cleaning of floors, moping, washing,
sweeping or any other method.
2. Over Crowding
 If a factory is over-crowded there is a risk of
injury or ill health.
 If the factory premises or any part of it
accommodates too many employees
overcrowding results.
 As a rule each worker should be provided
with 400 ft3 space (when calculating this
space more than a height of 14 ft will be not
considered).
3. Temperature Control
 Generally in a factory, there are ways of
generating temperature.
◦ Machinery, design of the building, lighting
systems and humans too are the causes of
temperature
 Depending on the trade the particular
factory is in to, there are specified levels
of temperature that a factory must
maintain.
4. Ventilation
 Fresh air, proper air circulation etc... must
be ensured at a factory.
 Specially, if dusts, fumes, gases, or any
other toxic (poisonous) substances or any
other impurities they must be made
harmless by proper ventilation avenues.
5. Lighting facilities
 There must be suitable ways to ensure
sufficient natural or artificial lighting levels
to assist employees to function well at the
factory.
 The working place must be well lit. The
passages, rooms, working floors etc.....
6.
Drainage & Sanitary Conveniences
 Sufficient & suitable sanitary conveniences
should be provided separately for male &
female employees
 If the total no. Of employees working in the
factory is,
◦ 100 – 1 toilet for 25 workers
◦ More than 100 – 1 toilet for 40 workers
◦ More than 500 – 1 toilet for 60 workers
 In addition to that there should be 1 urinal for
every 50 male workers.
7. Lifting of excess weights
 Loads that are heavy & likely to cause
injury should not be allowed to be lifted,
carried or moved without any assistance
 Persons employed should be advised on
the correct techniques of lifting, carrying
& moving loads.
Safety (General Provisions)
Safeguarding of machinery
1.
◦
It is compulsory to securely guard
dangerous machinery or parts thereof, to
ensure the safety of persons employed
◦
Maintenance of machinery should be
thorough & regular as poorly functioning
machines could be dangerous.
2.
Vessels containing dangerous substances
 Where scalding, corrosive, or poisonous
liquid is stored such vessels containing
them should be fenced or securely
covered to prevent any person from
falling into such vessels
3. Sec. 25
 A woman or a young person should not
clean any part of a prime mover or any
transmission machinery while they are in
motion & should not clean any part of
any machine if its cleaning would expose
the women or the young person to risk
of injury from any moving part of that
machinery
4. Sec. 27, 28 & 29
 Ordinance covers matters regarding
maintenance of quality & mechanical
conditions of machinery such as hoists &
lifts, chains, ropes & lifting tackle, cranes &
other lifting machines
◦ Hoists & lifts (sec. 27)
 Should be examined & tested at least once a year.
 Maximum safe laod it could carry should be marked
 Should mark the date on which the next test is due
Cont...
◦ Chains, ropes &lifting tackle
 Should be examined & tested at least bi-annually
 The safe load for each of the items examined
should be indicated
◦ Cranes & other lifting machines
 All parts of lifting machine should be examined &
tested at least once in 14 months
 Safe load should be marked
 Should mark the date on which the next test is due
5. Safe place of employment & safe means
of access
 All floors, steps (stairs), passages should
be sound construction, well-lit, nonslippery, free from obstructions & should
be properly maintained.
 Hand rails should be provided on the
open side of every staircase
 All openings on floors should be fenced
to prevent persons falling through them.
6. Work in confined
 Where work is to be performed in confined
spaces such as inside a chamber, tank, vat, pit or
similar confined space in which dangerous
fumes, toxic substances or harmful liquids are
liable to present or a deficiency of 02 is liable to
occur & there by it is possible to involve risk to
a person employed, the occupier is obliged to
provide manholes of specifies dimensions in
addition to its normal opening.
7. Safety measures in case of fire
 It must be certified by an authorized inspector, that in
every factory, means of escape for the persons
employed therein, in case of fire should be marked,
maintained & kept free from obstructions.
 Doors which provide an exit from workrooms should
not be locked. These doors should be constructed to
open outwards
 In factories where explosive material or inflammable
material are stored a warning system should be
installed.
Welfare (General Provisions)
Drinking water
2. Washing facilities
3. Accommodation for clothing
4. Facilities for resting for female workers
5. First aid facilities
1.
Health, Safety & Welfare(Special
provisions & regulations)
Meal rooms
2. Protection of eyes
3. Protection from radiation & vibration
4. Protection from noise
5. Protection against electrical hazards
6. Medical provisions
1.