Drafts rules to ensure women’s safety during nights in factories

Maharashtra mandates safety rules for women working night shifts, including consent, transport, and safety measures, while relaxing regulations for smaller factories.

MUMBAI: In accordance with the labour codes finalised by the Centre and state, the Maharashtra government has drafted rules for the safety of women working night shifts in factories. It is now compulsory for factories to have the written consent of women workers for night shifts, to provide a pick-up and drop service, to have at least two women workers on night duty and have other reasonable practical measures in place to ensure women’s safety.

Representative picture by AFP of women working (AFP)

When the state government opened night shifts to women workers in 2015, it had asked factories how they planned to ensure their safety. This is the first time that conditions have been dictated by the government. The draft of the amended rules issued on July 24 is now open for suggestions and objections in the next 45 days.

The labour department has made other amendments to Rule 102B, which pertains to the conditions on which women can be allowed to work night shifts. “The workplace, including passage towards conveniences and facilities like toilets, washrooms, drinking water, changing room, entry and exit of women workers shall be well lit,” states the draft notification, adding that CCTV surveillance with recording facilities for at least 45 days is mandatory.

The notification also mandates that women workers who work in night shifts as well as regular shifts be allowed to have a ‘Grievance Day’ or a meeting through their representatives with the manager once every eight weeks.

The amendments made to Rule 114A emphasise the safety measures to be provided to women working in dangerous operations. They have to compulsorily be provided with a suitable respirator, nose mask and other safety gear for working in a manufacturing plant having dust, fumes or other impurities. They cannot be asked to work near moving machinery without a head cap, apron and suitable overcoat.

Rule 114A also mandates that no pregnant or lactating women worker be allowed or required to work in a factory involved in dangerous operations where she is likely to be exposed to hazardous substances which are carcinogenic and teratogenic. “Women shall be well trained on their job and given knowledge about the hazardous properties of the substances being handled, stored, manufactured, and the hazards present at their work place and measures to overcome them,” says the draft notification.

Simultaneously, however, the labour department has approved certain relaxations for factories in the facilities to be provided to workers in general. For instance, the earlier rules mandated occupational health centres based on the strength of the factory and specified the facilities to be provided by these. So far, this was applicable to factories having at least 50 workers, with facilities to be enhanced with the increase in the number of workers.

The amendment made to Rule 73W has now changed the number from 50 workers to a minimum of 150, which means that factories with less than 150 workers will be bereft of an occupational health centre. The services of a factory medical officer to carry out the pre-employment and periodical medical examination as stipulated in Rule 73-V and render medical assistance during any emergency will also be available only for factories having at least 150 workers.

Similarly, the facilities at the occupational health centres applicable to factories having 51 to 200 workers will now be available only in factories having 151 to 500 workers. The facilities mandated for factories with 500 workers and above are now available only in factories with 1,000 workers and above. The mandatory rule of a canteen for a factory with more than 250 workers has been removed by deleting Rule 79. From now on, no factory is required to have a canteen on its premises.