Status of the law
The Factories Ordinance No. 45 of 1942 provides for the safety and welfare of workers in factories. It was amended in 1946, 1961, 1976, 1984, 1998, 2000 and 2002, and the Department of Labour's English text reflects those amendments. In October 2025 Parliament reported that the Ministry of Labour's consultative committee had agreed to prepare a separate occupational safety bill, and that a national OSH policy had reached its final stage. As of October 2026 no new OSH Act has been passed, so the Ordinance still applies.
Construction sites
Section 84 applies the Ordinance's registration, safety, accident-notification, administration and penalty provisions to building and engineering construction works carried out as a trade or business. The person undertaking the works is treated as the occupier. Notify the District Factory Inspecting Engineer within 7 days of starting work (s.84(6)); works expected to finish in under six weeks are exempt unless the Chief Factory Inspecting Engineer directs otherwise (s.84(7)).
Registration and notices
- No one may occupy a factory unless it is registered (s.2), and notice is required before premises are first used as a factory (s.4).
- Written notice must be served at least one month before mechanical power is first used (s.89).
- If work stops for more than six months, notify the District Factory Inspecting Engineer in writing within 15 days (s.5).
Key safety duties
- Machinery: fence prime movers, transmission machinery and other dangerous parts (ss.17 to 19).
- Lifting: hoists and lifts (s.27); chains, ropes and lifting tackle (s.28); cranes (s.29).
- Floors, stairs and ladders must be soundly built and maintained, and openings in floors securely fenced (s.30).
- Falls: where a person could fall more than six feet, provide fencing or other means unless there is a secure foothold and handhold (s.31(2)).
- Confined spaces (s.32), and boilers and pressure vessels (ss.34 to 36A).
- Fire: means of escape (s.39) and fire-fighting appliances (s.42A).
- First aid (s.50), eye protection (s.53) and limits on excessive lifting (s.58).
Safety committees
The Ordinance itself only creates a national Industrial Safety and Health Advisory Committee (s.99). The Department of Labour runs an online form for factories and construction sites to set up and document workplace safety and health committees. We found no statutory duty to appoint a safety officer; NIOSH runs certificate courses for safety officers.
Reporting accidents and dangerous occurrences
| What happened | What to do |
|---|---|
| A worker is killed, disabled from earning full wages for more than three days, or made unconscious by heat, exhaustion, electric shock or poisonous fumes | The occupier or manager sends written notice forthwith to the District Factory Inspecting Engineer (s.61(1)), on Form 10. |
| An injured worker later dies | Report it as soon as it is known (s.61(2)). |
| Dangerous occurrence, such as a bursting grinding wheel, crane or hoist collapse, boiler explosion, certain fires and electrical failures, or structural collapse | Notify on Form 12 within three days (1965 Regulations). |
| Lead, phosphorus, arsenic or mercury poisoning, or anthrax | The doctor reports forthwith to the Chief Factory Inspecting Engineer, and the occupier notifies the District Factory Inspecting Engineer (s.63). |
After a fatal accident, do not disturb the machinery or articles involved without an inspector's permission, except to rescue or attend to people (s.61(4)). For a contractor's worker, the actual employer must notify the occupier (s.61(3)).
Penalties
| Offence | Fine |
|---|---|
| First offence (s.109) | At least Rs 5,000 |
| Second offence | Rs 5,000 to 12,500 |
| Third or later offence | Over Rs 12,500, up to Rs 25,000 |
| Continuing contravention | Up to Rs 500 a day |
| Contravention causing death or injury (s.111) | Up to Rs 100,000, which may be paid to the victim or family |
Directors and managers are liable when an offence happened with their consent, connivance or neglect (s.108(5)). Offences are tried by a Magistrate (s.118). These amounts are from the Department of Labour's text, which includes amendments up to 2002.
Quick check for your site
- Factory registered, or construction works notified to the District Factory Inspecting Engineer within 7 days of starting.
- Dangerous machinery fenced, and lifting equipment, cranes and boilers examined.
- Fencing wherever someone could fall more than six feet, and floor openings covered or fenced.
- Fire escape routes, fire-fighting appliances and first aid in place.
- Everyone knows how to report accidents forthwith on Form 10, and dangerous occurrences within three days.
Sources
- Factories Ordinance No. 45 of 1942 (Labour Code, Chapter 4, English), Department of Labour.
- Regulations and forms under the Factories Ordinance, Department of Labour.
- Industrial Safety Division, Department of Labour.
- Labour legislation index, Department of Labour.
- About NIOSH, NIOSH Sri Lanka.
- Consultative Committee on Labour Affairs, October 2025, Parliament of Sri Lanka.
This is practical guidance, not legal advice. Check the current official text and your site's own procedures.
