A REVIEW OF THE NIGERIAN FACTORY ACT 2004

Abstract

Nigeria is a populous country with a large workforce, in every workplace there are factors that must be considered in a bid to facilitate the safety, health, welfare of workers and conditions that guarantee a good working environment. The relationship between an employer and an employee entails a reciprocal set of responsibilities and obligations. While employees are present to provide their services, employers also have certain obligations towards their employees. Unfortunately, these duties are occasionally disregarded, necessitating legislative measures to ensure their enforcement. One of the legislations enacted to safeguard persons so employed is the Factories Act, 2004. The Factories Act imposes several obligations on employers/occupiers of factories for the health, safety and welfare of workers employed in the factory. This paper seeks to critically appraise the provisions of the Factories Act 2004 which entails the definition of a factory, the registration of factories, the enforcement personnel, and the general and special provisions regarding the health, safety and welfare of employees in a factory. Adopting the doctrinal method of research is toidentify the inadequacies and challenges of the Act such as the lack of adequate expertise to carry out proper enforcement of the provisions of the Act, wide discretion placed in the hands of the personnel such as the Minister of Labour, the Directors and inspectors of factories which may lead to abuse of power or arbitrariness and non-deterrent fines and punishment provided by the Act, hence it recommended the need for urgent review or amendment of the Factories Act.