Rule 46: Lighting (Illumination)

Finin2min analysis — operative rule mechanics

Full notified text — Rule 46

46. Lighting (Illumination).- Employer of every factory, mine, building or other construction work,
      industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and
      plantation shall ensure that:-

      (i)      all places in the establishment including all amenities for utility services where employees work

             or pass, or may have to work or pass in emergencies, are provided during time of use with adequate
             natural or artificial lighting or both, suitable for the operations and the special type of work
             performed. Natural lighting is arranged wherever possible;
     (ii)     artificial lighting is provided or arranged when daylight fails or for areas where the daylight
             illumination is insufficient wherever possible;
     (iii) at every work place where employees are exposed to risks in the event of failure of artificial
             lighting, are provided with automatic emergency lighting of sufficient intensity that has energy
             sources independent of the installations for the general lighting systems are in working condition:

           Provided that in case of plantation workers, sub-rule (i) shall not be applicable:

           Provided further that in case of Building or other construction work, sub-rule (iii) and the following
           rules shall apply:-

     (a)     close to every workplace of building or other construction work site including all amenities for
             utility services, adequate and suitable lighting, including portable lighting where appropriate, is
             provided at every workplace and any other place on the construction site where an employee may
             have to pass.
     (b)     where natural lighting is not adequate to ensure safe working conditions, adequate and suitable
             lighting, including portable lighting where appropriate, is provided at every workplace and any
             other place on the construction site where an employee may have to pass.
     (c)     artificial lighting, as far as practicable does not produce glare or disturbing shadows.
     (d)     where necessary to prevent danger, lamps are protected by suitable guards against accidental
             breakage.
     (e)     the cables of portable electrical lighting equipment are of adequate size and characteristics for the
             power requirements and of adequate mechanical strength to withstand severe conditions in
             construction operations.

Application and evidence

1. Primary statutory test — Employer of every factory, mine, building or other construction work, industrial premise for manufacture of beedi and cigar, motor transport undertaking, dock work and plantation shall ensure that:- (i) all places in the establishment including all amenities for utility services where employees work or pass, or may have to work or pass in emergencies, are provided during time of use with adequate natural or…
2. Additional operative limb — Provided that in case of plantation workers, sub-rule (i) shall not be applicable:
3. Qualification / exception to test — Provided that in case of plantation workers, sub-rule (i) shall not be applicable:
4. Code Section mapping — 23. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker.

Cross-references & prescribed forms

Worked example

Q&A — Rule 46

Primary sources