भारत सरकार / Government of India
Daman 20th July, 2026 29 Ashadha, 1948 (Saka) No. : 51
UT Administration of Dadra and Nagar Haveli and Daman & Diu
Department of Labour & Employment
Daman
No. LE/LI/OSHWC/210539/2026/220
Dated :-20-07-2026
NOTIFICATION
Whereas, subsequent to the enactment of the Occupational Safety, Health and Working Conditions
Code, 2020 (37 of 2020) (The said Code) by Parliament, the draft Dadra and Nagar Haveli and Daman
and Diu Occupational Safety, Health and Working Conditions Rules, 2023 were placed on the Official
Website of the Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu, vide
Notification No. LE/LI/DMN/OSHWC/382/2023/566 dated 24-11-2023 inviting objections and
suggestions as required under sections 133 and 135 of the said Code;
And whereas, vide notification number S.O. 5321 (E), dated 21st November, 2025, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii), all the provisions of the said Code
have been brought into the force.
Now therefore, the following draft rules, which the Administrator of Dadra and Nagar Haveli and
Daman and Diu proposed to make in exercise of powers conferred by Sections 133 and 135 of the
Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of
General Clauses Act, 1897(10 of 1897) and in supersession of the-
a. The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service), Dadra and Nagar Haveli Rules, 2003.
b. Notification No. LE/LI/DMN/EST-2(3)/2006/147 dated 29-08-2007 adopting the
Building & Other Construction Workers (Regulation of Employment and Conditions
of Service) Center Rules, 1998 in the erstwhile union Territory of Daman and Diu
c. The Goa, Daman and Diu Contract Labour (Regulation & Abolition) Rules, 1972;
सरकारी राजपत्र
OFFICIAL GAZETTE
संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन
U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND
DAMAN AND DIU
असाधारण
EXTRAORDINARY
प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUTHORITY
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 2
d. The Contract Labour (R&A) Dadra & Nagar Haveli Rules, 1976.
e. The Goa, Daman & Diu Factories Rules, 1985 ass applicable to Daman and Diu;
f. The Dadra and Nagar Haveli Factories Rules, 1971;
g. The Goa, Daman and Diu Inter State Migrant Workmen (Regulation of Employment
and Conditions of Service) Rules, 1982 as applicable to the Daman and Diu;
h. The Inter-State Migrant Workmen (RE&CS) Dadra and Nagar Haveli Rules, 1985;
i.
The Goa, Daman and Diu Motor Transport Workers Rules, 1966, as applicable to
Daman and Diu;
j.
The Dadra and Nagar Haveli Employee's State Insurance (Medical Benefit) Rules,
2004
k. The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service), Dadra and Nagar Haveli Rules, 2003
l.
Notification No. LE/LI/DMN/EST-2(3)/2006/147 dated 29-08-2007 adopting the
Building & Other Construction Workers (Regulation of Employment and Conditions
of Service) Central Rules, 1998 in the erstwhile Union Territory of Daman & Diu
except as respects things done or omitted to be done before such supersession are hereby notified as
required by subsection (1) of said Section 133 and sub-section (1) of sub section 135, for information
of all persons likely to be affected thereby and notice is hereby given that the said draft notification will
be taken into consideration after the expiry of a period of forty-five days from the date on which the
copies of the Official Gazette in which this notification is published are made available to the public;
Objections and suggestions, if any, may be addressed to the Commissioner-cum-Secretary
(Labour), Dadra and Nagar Haveli and Daman and Diu, Secretariat, Vidhyut Bhawan, Kachigam, Nani
Daman - 396 210 in writing or on email - [email protected] or [email protected]. The
objections and suggestions should be sent in a proforma containing columns (i) specifying the name
and address of the persons and organizations and column (ii) specifying the rule or sub-rule which is
proposed to be modified and column (iii) specifying the revised rule or sub rule proposed to be
submitted and the reasons therefore;
Objections and suggestions, which may be received from any person with respect to
the said draft notification before expiry of the period specified above, will be considered by the Union
Territory Administration of Dadra and Nagar Haveli and Daman and Diu.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 3
DRAFT RULES
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement. - (1) These rules may be called as the Dadra and Nagar
Haveli and Daman and Diu Occupational Safety, Health and Working Conditions Rules, 2026.
(2) They shall extend to whole of Union Territory of Dadra and Nagar Haveli and Daman and Diu.
(3) They shall come into force from the date of its publication in the Official Gazette of Union
Territory Administration of Dadra and Nagar Haveli and Daman and Diu.
2.
Definitions. - (1) In these rules, unless the context otherwise requires, -
(a) "Appendix" means an appendix appended to these rules;
(b) "Code" means the Occupational Safety, Health and Working Conditions Code,2020
(c) "continuous process" means the materials either dried bulk or fluids that are being processed
and are continuously in motion, undergoing chemical reaction and are subject to mechanical or
heat treatment or any other process specified by the Administration of Dadra and Nagar Haveli
and Daman and Diu.
(d) "designated authority" means an authority notified by Union Territory Administration of Dadra
and Nagar Haveli and Daman and Diu under section 119 of the Code;
(e) "electronically" means any information submitted by email or uploaded on the portal or making
digital payment through any mode for the purposes of Code;
(f) "first employment" means the first employment in any manufacturing process to which the
relevant Schedule applies and shall also include re-employment in the manufacturing process
following any cessation of employment for a continuous period exceeding three calendar
months;
(g) "Form" means the form appended to these rules;
(h) "hazardous waste" means the hazardous waste as defined in clause (17) of sub-rule (1) of rule
3 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules,
2016;
(i) "major accident" means an incident involving loss of life inside or outside the establishment or
ten or more injuries inside and/or one or more injuries outside or release of toxic chemical or
explosion or fire or spillage of hazardous chemical resulting in 'on-site' or 'off-site' emergencies
or damage to equipment leading to stoppage of process or adverse effect to the environment;
(j) "medium enterprise" means an enterprise as defined in clause (g) of section 2 of the Micro,
Small and Medium Enterprises Development Act, 2006
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 4
(k) "micro enterprise" means an enterprise as defined in clause (h) of section 2 of the Micro, Small
and Medium Enterprises Development Act, 2006
(l) "portal" means the website of the Labour Department, Union Territory, Dadra and Nagar Haveli
and Daman and Diu for delivering services under the Code and the rules made thereunder;
(m) "recognized university or institution" means, -
(a) any University, incorporated by law, by the Central or any Union Territory, Dadra and
Nagar Haveli and Daman and Diu; or
(b) any other University or institution which is declared by the Union Territory
Administration of Dadra and Nagar Haveli and Daman and Diu to be a recognized
University or institution for the purposes of these rules;
(n) "quarter" means the period of three consecutive months beginning on the 1st of January, the 1st
of April, the 1st of July or the 1st of October;
(o) "registering officer" means an officer appointed under section 3 of the Code;
(p) "Schedule" means the Schedule appended to these rules;
(q) "section" means the section of the Code;
(r) "small enterprise" means an enterprise as defined in clause (m) of section 2 of the Micro, Small
and Medium Enterprises Development Act, 2006
(s) "wages" means the wages as defined in clause (y) bf section 2 of the Code on Wages, 2019;
and
(t) "year" means the period of twelve months beginning from the 1st day of January in any year.
(u) “UT Administration” means the Union Territory Administration of Dadra and Nagar Haveli
and Daman and Diu.
(2)
The words and expressions used in these rules but not defined therein, but defined in the Code,
shall have the respective meanings as assigned to them in the Code.
3. Income from the sources. - Income from sources under Explanation to clause (x) of sub-section
(1) of section 2 shall be specified through general or special order by Administration of Dadra and
Nagar Haveli & Daman and Diu issued from time to time.
3A. Substance or quantity of substance under clause (zb) of sub-section (1) of section 2:-For the
purpose of this clause, ‘hazardous substance” means any substance or such quantity of substance as
specified in following Schedule.
Provided that the Administration of Dadra & Nagar Haveli and Daman & Diu may add or delete or
modify the entries in Schedule of hazardous substance through general or special order issued from time
to time.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 5
SCHEDULE
(Rule 3A)
Toxic, Flammable and hazardous substance
1. Toxic Chemicals: Chemicals having the following values of acute toxicity and which owing
to their physical and chemical properties are capable of producing major accident hazards:
SI. No
Toxicity
Oral toxicity LD50
(mg/kg)
Dermal
toxicity
LD50 (mg/kg)
Inhalation
toxicity
LD50 (mg/kg)
1.
Extremely toxic
>5
<40
<0.5
2.
Highly toxic
>5-50
>40-200
<0.5-2.0
3.
Toxic
>50-200
>200-1000
>2-10
2. Flammable Chemical:
(1) Flammable gases Gates which at 20°C and at standard pressure of 101 3Ps are: -
(a) ignitable when in a mixture of 13 percent or less by volume with air, or
(b) Have a flammable range with air of at least 12 percentage points regardless of the
lower flammable limits.
Note: The flammable shall be determined by tests or by calculation in accordance with methods adopted
by International Standards Organization 1SQ Number 10156 of 1990 or by Bureau of Indian Standards
ISI Number 1446 of 1985.
(2) Extremely flammable liquids Chemicals which have flash point lower than or equal to 2010
and boiling point less than 35°C.
(3) Very highly flammable liquids. Chemical which have a flash point lower than or equal to
23 C and initial boiling point higher than 35°C.
(4) Highly flammable liquids Chemical which have a flash point lower than or equal to 60°C
but higher than 23°C.
(5) Flammable liquids. Chemical which have a flash point nigher than 60°C but lower than
90°C.
(6) Explosives: Explosives mean a solid or liquid on pyrotechnic substance (or a mixture of
substances) or an article: -
(a) Which is in itself capable by chemical reaction of producing gas at such a
temperature and pressure and at such a speed as to cause damage to the
surroundings.
(b) Which is designed to produce an effect by heat, light, sound, gas or smoke or a
combination of these as the result of non-detonative self-sustaining exothermic
chemical reaction.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 6
LIST OF HAZARDOUS AND TOXIC SURSTANCES
1.
Acetaldehyde
2.
Acetic aid
3.
Acetic anhydride
4.
Acetone
5.
Acetone cyanohydrin
6.
Acetone thiosemicarbazone
7.
Acetonitrile
8.
Acetylene
9.
Acetylene letra chloride
10.
Acrolein
11.
Acrylamide
12.
Acrylonitrile
13.
Adiponitrile
14.
Aldircarb
15.
Aldrin
16.
Allyl alcohol
17.
Allyl amine
18.
Allyl chloride
19.
Aluminum (powder)
20.
Aluminiumazide
21.
Aluminum borohydride
22.
Aluminum chloride
23.
Aluminum fluoride
24.
Aluminum phosphide
25.
Amino dishenyl
26.
Amino pyridine
27.
Amino phenol-2
28.
Amino pterin
29.
Amiton
30.
Amitondialate
31.
Ammonia
32.
Ammonium chloroplatinate
33.
Ammonium nitrate
34.
Annonium nitrite
35.
Ammonium picrate
36.
Anabasine
37.
Aniline
38.
Aniline 2, 4, 6 – Trimethyl
39.
Anthraquinone
40.
Antimony pentafluoride
41.
Antimycin A
42.
ANTU
43.
Arsenic pentoxide
44.
Arsenic trioxide
45.
Arsenic trichloride
46.
Arsine
47.
Asphalt
48.
Azinpho-ethyl
49.
Azinphos methyl
50.
Bacitracin
51.
Barium azide
52.
Barium nitrate
53.
Benzal chloride
54.
Benzenamine, 3- Trifluoromethyl
55.
Benzene
56.
Benzene
57.
Benzene sulfony chloride
58.
Benzene 1 – (chloromethyl) – 4 Nitro
59.
Benzene arsenic acid
60.
Benzidine
61.
Benzene salts
62.
Benzimidazole, 4, 5- Dichloro-2
(Trifluromethyl)
63.
Benzoquinone – P
64.
Benotrichloride
65.
Benzoyl chloride
66.
Benzoyl peroxide
67.
Benzoyl chloride
68.
Beryllium (Powder)
69.
Bicyclo (2, 2, 1) Heptane-2-carbonitrile
70.
Biphenyl
71.
Bis(2-Chloroethyl) sulphide
72.
Bis(Chloromethyl) Ketone
73.
Bis (Ter-butyl peroxy) cyclohexane
74.
Bis (Terbutylperoxy) butane
75.
Bis (2, 4, 6 - Trimitrophenylamine)
76.
Bis (Chromethyl) Ether
77.
Bisnuth and compounds
78.
Bisphenol – A
79.
Bitoscanate
80.
Boron Powder
81.
Boron trichloride
82.
Boron trifluoride
83.
Boron trifluoride comp. with methylether,
1:1
84.
Bromine
85.
Bromine pentafluoride
86.
Bromochloro methane - 2
87.
Bromodiolone
88.
Butadiene
89.
Butane
90.
Butanone-2
91.
Butyl amine ter.
92.
Butyl glycidyl ether
93.
Butyl isovalerate
94.
Butyl peroxy maleate ten
95.
Butyl vinyl ether
96.
Butyl-n-mercaptan
119.
Chlorine
120.
Chlorine oxide
121.
Chlorine trifluoride
122.
Chlormephos
123.
Chloromag chloride
124.
Chloroacetyl chloride
125.
Chloroacetaldehyde
126.
Chloroaniline - 2
127.
Chloroaniline - 4
128.
Chlorobenzene
129.
Chlorothychloroformate
130.
Chloroform
131.
Chlorofonylmorpholine
132.
Chloromethane
133.
Chloromethyl methyl ether
134.
Chloronitrobenzene
135.
Chloropicrin
136.
Chlorosulphonic acid
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 7
97.
C.I. Basic green
98.
Cadmium oxide
99.
Cadmium stearate
100.
Calcium arsenate
101.
Calcium carbide
102.
Calcium cyanide
103.
Camphechlor (Toxaphene)
104.
Cantharidin
105.
Captan
106.
Carbachol chloride
107.
Cararyl
108.
Carbofuran (Furadan)
109.
Carbon tetrachloride
110.
Carbon disulphide
111.
Carbon monoxide
112.
Carbophenothion
113.
Carvone
114.
Cellulose nitrate
115.
Chloroacetic acid
116.
Chlordane
117.
Chlorofenvinphos
118.
Chlorinated benzene
137.
Chlorothiophos
138.
Chloroxuron
139.
Chromic acid
140.
Chromic chloride
141.
Chromium powder
142.
Cobalt carbonyl
143.
Cobalt Nitrilethylidine compound
144.
Cobalt (Powder)
145.
Colchicine
146.
Copper and Compounds
147.
Copperoxy chloride
148.
Coumafuryl
149.
Coumaphos
150.
Coumatetralyl
151.
Crimidine
152.
Crotonaldehyde
153.
Crotonaldehyde
154.
Cumene
155.
Cyanogen bromide
156.
Cyanogen iodide
157.
Cyanophos
158.
Cyanthoate
159.
Cyanic fluoride
160.
Cyclohexylamine
161.
Cyclohexane
162.
Cyclohexanone
163.
Cyclohexylamide
164.
Cyclopentadiene
165.
Cyclopentane
166.
Cyclotetramethylenetetranitramine
167.
Cyclotrimethylenetrinitramine
168.
Cypermethrin
169.
DDT
170.
Decaborane (14)
171.
Demeton
172.
Demeton S-Methyl
173.
Di-n-propyl peroxydicarbonate
174.
Dialifos
175.
Diazodinitrophenol
176.
Dibenzy peroxydicarbonate (Conc≥90%)
177.
Diborane
178.
Dichloroacetylene
179.
Dichlorobenzalkonium chloride
180.
Dichloroethyl ether
181.
Dichloromethylphenyl silane
182.
Dichlorophenol – 2,6
183.
Dichlorophenol – 2,4
184.
Dichlorophenoxy acetic acid
185.
Dichloropropane – 2,2
186.
Dichlorosalicylic acid – 3,5
187.
Dichlorvos (DDVP)
188.
Dicrotophos
189.
Dieldrin
190.
Dipoxy butane
191.
Diethyl carbamazepine citrate
192.
Diethyl chlorophosphate
193.
Diethyl ethanolamine
194.
Diethyl peroxydicarbonate (Conc≥30%)
195.
Diethyl phenylene diamine
198.
Diethyl glycol dinitrate
199.
Diethyl triamine
200.
Diethylene glycol butyl ether
201.
Diglycidyl ether
202.
Digitoxin
203.
Dimethyl nitrosamine
204.
Dimethyl phenylene diamine
205.
Dimethyl phosphoramidocyanidic acid
(TABUN)
206.
Dimethyl phosphorochloridothioate
207.
Dimethyl sulfone (DMS)
208.
Dimethylamine
209.
Dimethylaniline
210.
Dimethylcarbonyl chloride
211.
Dimetilan
212.
Dinitro-o-cresol
213.
Dinitrotoluene
214.
Dinoseb
215.
Dinitreb
216.
Dioxame-p
217.
Dioxathion
218.
Dioxine N
219.
Diphacinone
220.
Diphosphoramideoctamethyl
221.
Diphenyl methane di-isocyanate (MDI)
222.
Dipropylene glycol Butyl ether
223.
Dipropylene glycol methyl ether
224.
Di-sec-butyl peroxydicarbonate (Conc≥80%)
225.
Disulfoton
226.
Dithiazine iodide
227.
Dithiobiurate
228.
Dihydroperoxypropane (Conc≥30%)
229.
Diisobutyl period
230.
Dimefox
231.
Dimethoate
232.
Dimethyl dichlorosilane
233.
Dimethyl hydrazine
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 8
196.
Diethyl lamine
197.
Diethylene glycol
234.
Endosulfan
235.
Endothion
236. Endrin
237. Epichlorohydrine
238. EPN
239. Ergocalciferol
240. Ergotamine tartrate
241. Ethanesulfenyl chloride, 2 chloro
242. Ethyl bromide
243. Ethyl carbamate
244. Ethyl ether
245. Ethyl hexanol-2
246. Ethyl mercaptan
247. Ethyl mercuric phosphate
248. Ethyl methacrylate
249. Ethyl nitrate
250. Ethyl thiocyanate
251. Ethyl lamine
252. Ethylene
253. Ethylene chlorohydrine
254. Ethyl dibromide
255. Ethyl diamine
256. Ethylene diamine hydrochloride
257. Ethylene fluorhydine
258. Ethylene glycol
259. Ethylene glycol dinitrate
260. Ethyl oxide
261. Ethylamine
262. Ethylene chlorohydrine
263. Ethanol 1-2 dichloroacetate
264. Ethion
265. Ethionothos
266. Ethyl acetate
267. Ethyl alcohol
268. Ethyl benzene
269. Ethyl bis amine
270. Furan
271. Fenamiphos
272. Fenitrothion
273. Fensulphothion
274. Fluometil
275. Fluorine
276.
Fluoro-2-hydroxy butyric acid amide salt
ester
277.
Fluoroacetamide
278.
Fluoroacetic acid amide salts and ester
279.
Fluoroacetylchloride
280.
Fluorobutyric acid amide salt esters
281.
Fluorocrotonic acid amides salts ester
282.
Fluorouracil
283.
Fonofos
284.
Formaldehyde
285.
Formetanate hydrochloride
286.
Fluorobutyric acid amide salt esters
287.
Fluorocrotonic acid amides salts ester
288.
Fluorouracil
289.
Formaldehyde
290.
Formetanate hydrochloride
291.
Formic acid
292.
Formoparanate
293.
Formothion
294.
Fosthion
295.
Fuberidazole
296.
Gallium Trichloride
297.
Glycolnitrile (Hydroxyacetonitrile)
298.
Guanyl-α-nitrosaminoguanlyl-1-tetrazene
299.
Heptachlor
300.
Hexamethyltetra-oxacyclononane (Conc
75%)
301.
Hexachlorobenzene
302.
Hexachlorocyclohexan (lindane)
303.
Hexachlorocyclopentadiene
304.
Hexachlorodibenzo-p-dioxin
305.
Hexachloronaphthalene
306.
Hexafluoropropanonesesquihydrate
307.
Hexamethylphosphoramide
308.
Hexamethylene diamine NN dibutyl
309.
Hexane
310.
Hexanitrostibene 2,2,4,4,6,6
311.
Hexene
312.
Hydrogen selenide
313.
Hydrogen sulphide
314.
Hydrazine
315.
Hydrazine nitrate
316.
Hydrochloric acid (Gas)
317.
Hydrogen
318.
Hydrogen bromide
319.
Hydrogen cyanide
320.
Hydrogen fluoride
321.
Hydrogen peroxide
322.
Hydroquinone
323.
Iodine
324.
Indium powder
325.
Indometh acid
326.
Iodine
327.
Iridium tetrachloride
328.
Iron pentacarbonyl
329.
Isobenzan
330.
Isoamyl alcohol
354.
Methacryloyl chloride
355.
Methyl 2-chlorocrylate
356.
Methyl alcohol
357.
Methyl amine
358.
Methyl bromide (Bromomethane)
359.
Methyl chloride
360.
Methyl chloroform
361.
Methyl chloroformate
362.
Methyl cyclohexene
363.
Methyl disulphide
364.
Methyl ethyl ketone peroxide (Conc. 60%)
365.
Methyl formate
366.
Methyl hydrazine
367.
Methyl isobutyl ketone
368.
Methyl isocyanate
369.
Methyl isothiocyanate
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 9
331.
Isobutyl alcohol
332.
Isobutyl nitrite
333.
Isocyanic acid 3,4-dichlorophenyl ester
334.
Isophorone diisocyanate
335.
Isopropyl alcohol
336.
Isopropyl thiocarbonate
337.
Isopropyl formate
338.
Isopropyl methyl pyrazolyl dimethyl
carbamate
339.
Isodrin
340.
Isofluorophosphate
341.
Juglone (5-Hydroxy Naphthalene-1,4)
342.
Ketene
343.
Lacrylonitrile
344.
Lead arsenite
345.
Lead at high temp (molten)
346.
Lead azide
347.
Lead styphnate
348.
Leptophos
349.
Lensinide
350.
Liquefied petroleum gas
351.
Lithium hydride
352.
Methoxy ethanol (2-methyl cellosolve)
353.
Methoxyethyl mercuric acetate
370.
Magnesium powder or ribbon
371.
Methyl mercuric cyanamide
372.
Malathion
373.
Methyl mercaptan
374.
Maleic anhydride
375.
Methyl methacrylate
376.
Malononitrile
377.
Methyl phenylcarbamoylcyclopentadiene
378.
Manganese tricarbonylcyclopentadiene
379.
Methyl phosphonic chloride
380.
Methyl thiocyanate
381.
Methyloethanamine Methyl trichlorosilane
382.
Mephosphan
383.
Mercuric chloride Methylene bis (2-
chloroaniline)
384.
Mercuric oxide
385.
Methyl ene chloride
386.
Mercury acetate
387.
Methylenebis-4,4′-chloroaniline
388.
Mercury fulminate
389.
Metolcarb
390.
Mercury methyl chloride
391.
Mevinphos
392.
Mesitylene
393.
Mezacarbat
394.
Methacarbam diacetate
395.
Mitomycin C
396.
Methacrylic anhydride
397.
Molybdenum powder
398.
Methacrylonitrile
399.
Monocrotophos
400.
Methacryloxyethyl isocyanate
401.
Morpholine
402.
Muscimol
403.
Methamidophos
404.
Mustard Gas
405.
Methane
406.
Methanesulphonyl fluoride
407.
Methidathion
408.
Methiocarb
409.
Methomyl
410.
Naphtha
411.
Naphtha solvent
412.
Naphthalene
413.
Naphthylamine
414.
Nickel carbonyl (nickel tetracarbonyl)
415.
Nickel powder
416.
Nicotine
417.
Nicotine sulphate
418.
Nitric acid
419.
Nitric oxide
420.
Nitrobenzene
421.
Nitrocellulose (dry)
422.
Nitrochlorobenzene
423.
Nitrocyclohexane
424.
Nitrogen
425.
Nitrogen dioxide
426.
Nitrogen oxide
432.
Nonane
433.
Norbornide
434.
N-Dinitrobenzene
435.
N-Butyl acetate
436.
N-Butyl alcohol
437.
N-Hexane
438.
N-Methyl-N-2,4,6-Tetranitroaniline
439.
Oxamyl
440.
Oxetane-3,3-bis(chloromethyl)
441.
Oxydiphenoxarsine
442.
Oxy disulfoton
443.
Oxygen (liquid)
444.
Oxygen disulphide
445.
Ozone
446.
O-Cresol
447.
O-Nitro toluene
448.
O-Toluidine
449.
O-Xylene
450.
O/P Nitroaniline
451.
Oleum
452.
OO Diethyl S-ethyl sulph. methyl phos
453.
OO Diethyl S-propyl thio methyl phosphate
454.
OO Diethyl ethyl sulphinyl methyl
phosphorothioate
455.
OO Diethyl S-ethylsulphinylmethyl
phosphorothioate
456.
OO Diethyl S-ethyl
thiomethylphosphorothioate
457.
Organic rhodium complex
458.
Orotic acid
459.
Osmium tetroxide
460.
Oxabam
461.
P-Nitrophenol
462.
Paraffin
463.
Paraoxon (Diethyl 4-Nitrophenyl phosphate)
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 10
427.
Nitrogen trifluoride
428.
Nitroglycerine
429.
Nitropropane-1
430.
Nitropropane-2
431.
Nitroso dimethyl amine
464.
Paraquat
465.
Paraquat methosulphate
466.
Parathion
467.
Parathion methyl
468.
Paris green
469.
Penta borane
470.
Penta chloro ethane
471.
Penta chlorophenol
472.
Pentabromophenol
473.
Pentachloro naphthalene
474.
Pentadecyl-amine
475.
Pentaerythritol tetranitrate
476.
Pentene
477.
Pentanone
478.
Perchloric acid
479.
Perchloroethylene
480.
Peroxyacetic acid
481.
Phenol
482.
Phenol, 2,2-thiobis (4,6-dichloro)
483.
Phenol, 2,2-thiobis (4-chloro-6-methyl
phenol)
484.
Phenol, 3-(1-methylethyl) methylcarbamate
485.
Phenyl hydrazine hydrochloride
486.
Phenyl mercury acetate
487.
Phenylsilatrane
488.
Phenylthiourea
489.
Phenylene p-diamine
490.
Phorate
491.
Phosazetin
492.
Phosfolan
493.
Phosgene
494.
Phosmet
495.
Phosphamidon
496.
Phosphine
497.
Propionitrile
498.
Phosphoric acid
499.
Phosphoric acid dimethyl (4-methyl thio)
phenyl
500.
Phosphorothioic acid dimethyl S(2-bis)
ester
501.
Phosphorothioic acid methyl (ester)
502.
Phosphorothioic acid, OO dimethyl S-(2-
methyl)
503.
Phosphorothioic, methyl-ethyl ester
504.
Phosphorous
505.
Phosphorous oxychloride
506.
Phosphorous pentaoxide
507.
Phosphorous trichloride
508.
Phosphorous penta chloride
509.
Phthalic anhydride
510.
Phylloquinone
511.
Physostigmine
512.
Physostigmine salicylate (1:1)
513.
Picric acid (2,4,6-trinitrophenol)
514.
Picrotoxin
515.
Piperidine
516.
Piprotal
517.
Pirimifos-ethyl
518.
Platinous chloride
519.
Platinum tetrachloride
520.
Potassium arsenite
521.
Potassium chlorate
522.
Potassium cyanide
523.
Potassium hydroxide
524.
Potassium nitride
525.
Potassium nitrite
526.
Potassium peroxide
527.
Potassium silver cyanide
528.
Powdered metals and mixtures
529.
Propionitrile, 3-chloro
530.
Propiophenone, 4-amino
531.
Propyl chloroformate
532.
Propylene dichloride
533.
Propylene glycol, allyl ether
534.
Propylene imine
535.
Propylene oxide
536.
Prothoate
537.
Pseudosumene
538.
Pyrazoxon
539.
Pyrene
540.
Pyridine
541.
Pyridine, 2-methyl-3-vinyl
542.
Pyridine, 4-nitro-1-oxide
543.
Pyriminil
544.
Quinalphos
545.
Quinone
546.
Rhodium trichloride
547.
Salcomine
548.
Sarin
549.
Selenious acid
550.
Selenium hexafluoride
551.
Selenium oxychloride
552.
Semicarbazide hydrochloride
553.
Silane (4-amino butyl)diethoxymethyl
554.
Sodium
555.
Sodium anthrax-quinone-1 sulphonate
556.
Sodium arsenate
557.
Sodium arsenite
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 11
558.
Sodium azide
559.
Sodium cacodylate
560.
Sodium chlorate
561.
Sodium cyanide
4. Competent person. - (1) The Chief Inspector-cum-Facilitator may recognize any person as the
'competent person' within such area and for such period as may be specified for the purposes of
preparation of plans of building as structures to be used as factory or industrial premises to be used for
beedi and cigar work under the Code and plans carrying out tests, examination, inspection and
certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting
tackles, pressure plant, confined space, ventilation system and such other processes of plant and
equipment located in an establishment as stipulated in the Code and the rules made there under, if such
person possesses the qualifications, experience and other requirements specified in the Schedule
appended to this rule:
Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in
respect of competent person if such a person is exceptionally experienced and knowledgeable:
Provided further that where it is proposed to recognize a person employed under the Chief Inspector-
cum-Facilitator as a 'competent person', concurrence of the Union Territory Administration of Dadra
and Nagar Haveli and Daman and Diu shall be obtained and such a person after being so recognized,
shall not have the powers of an Inspector- cum-Facilitator.
(2) The Chief Inspector-cum-Facilitator may recognise an institution of repute, having persons
possessing qualifications and experience as specified in the Schedule appended to this rule, for the
purposes of preparation of plans of building as structures to be used as factory or industrial premises to
be used for beedi and cigar work under the Code and carrying out tests, examinations, inspections and
certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles,
pressure plant, confined space, ventilation system and such other processes of plant and equipment,
located in an establishment as stipulated in the Code and the rules made thereunder, a competent person
within such area and for such period as may be specified.
(3) The person to be recognised as the competent person under this rule shall not be above the age of
sixty-two years and shall be physically and medically fit for the purpose of carrying out the requisite
tests, examination and inspection.
(4) The Chief Inspector-cum-Facilitator may give a notice on portal or any other medium in the month
of May every year to recognise any person or institute to be the competent person. The process of
recognition may be completed within a period of sixty days from last date of receipt of application(s).
(5) Every application shall be accompanied by a fee (non-refundable) of rupees twenty-five thousand
and security (refundable without interest) of rupees one lakh to be paid by the applicant through portal
which shall be credited to the treasury in the head of account as may be specified by Union Territory
Administration of Dadra and Nagar Haveli and Daman and Diu from time to time. A record of such fee
and security shall be maintained by the Chief Inspector-cum-Facilitator.
(6) A person or institute seeking recognition under the Code shall apply in Form-1 or Form-2
respectively.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 12
SCHEDULE
[Rule 4]
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
1
Preparation
of
plans of buildings
or structure to be
used as factory or
industrial premises
to used for beedi or
Cigar work
(a) Bachelor's Degree in
Civil
or
structural
Engineering
or its
equivalent
from
recognized university;
and
(b) A
Member
or
Associate Member of
an
(i)
Institution
of
Civil Engineers
(India) or
(ii)
The Institution of
Structural
Engineers; or
(iii)
The Institution of
Engineers (India)
in
civil
engineering
or
structural
engineering Or
(c) Bachelor's Degree in
Architect
or
its
equivalent
from
recognized university;
and must be a member
of the Council of
Architecture
(i) an experience of a
minimum period of
ten
years
of
preparation
of
building plans.
(ii) Must
have
knowledge software
to be used for the
purposed mentioned
above.
Must
have
well-
equipped
facilities
having the appropriate
licenses of software
like AutoCAD or any
other to be used for
such purposes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 13
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
2
Certification
of
stability
of
buildings
or
structures
to
be
used as Factory or
industrial premises
to be used for beedi
or Cigar work
(iii) Bachelor's Degree
in
Civil
or
structural
Engineering or its
equivalent
from
recognized
university; and
(iv) A
Member
or
Associate
member
of
an
Institution
of
Civil
Engineers
(India)
or
The
Institution
of
Engineers (India)
in
civil
engineering
or
structural
engineering
(i) an experience of a
minimum period of
ten years in design or
construction
or
testing or repair of
structures. Provided
that experience for
those who possesses
master’s degree shall
be minimum of seven
years.
(ii) knowledge of non –
destructive
testing,
various standards and
Codes of practices
that are current and
the effect of the
vibrations
and
natural forces on the
stability
of
the
building;
and
an
ability to arrive at
reliable
conclusion
with regard to the
safety of the structure
or the building.
Must have laboratory
fully equipped with
instruments required
for
Non-Destructive
Test,
Compression
test, Vibration test,
Live/Dead load test,
Estimation of age of
structure, Measuring
Weighing.
This
laboratory should be
accredited
with
National
Accreditation
Board
for
Testing
and
Calibration
laboratories. Or Must
have empaneled any
such laboratory.
3
Plant/ Machinery
/ Equipmen t under
schedule
VIII,
XVII,
XXXII,
XXXIII &
XXXV rule 105
framed
under
section-82
and
standards
framed
under schedule II
of the code or any
other
standards
framed by Central
Government
or
Union
Territory
Administration of
Dadra and Nagar
Haveli and Daman
and Diu from time
to time.
Bachelor’s
Degree
in
Mechanical or production
Engineering or its equivalent
from recognized university.
(i) an experience of
working for minimum
period of the ten years
in: -
(a) design
or
operation
or
maintenance
of
concerned Plant/
Machinery/
Equipment or
testing, examination and
inspection of relevant
machinery, their guards,
safety
devices
and
appliances.
(ii) should:
(a) be
conversant
with
safety
devices and their
proper
functioning
Gauges
for
measurement
and
instruments
for
measurement of speed
and
any
other
equipment or device to
determine the safety in
the
use
of
the
dangerous machine.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 14
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
(b) be
able
to
identify
defects
and other causes
leading to the
failure.
Provided that experience
for those who possess
master’s degree shall be
minimum of seven years;
and have ability to arrive
at a reliable conclusion
with regard to proper
functioning
of
safety
devices, appliances and
machine guards and
(iii) have
ability
to
arrive at a reliable
conclusion
with
regard to proper
functioning
of
safety
devices,
appliances
and
machine guards
4
Hoists & Lifts
Bachelor’s
Degree
in
Mechanical or Production
engineering or its equivalent
from recognized university.
(i) an experience of
working for a minimum
period of ten years in:
-
(a) design or erection or
maintenance
of
hoists & lifts or
(b) test and inspection
procedure of hoists
& lifts. Provided
that experience for
those who possess
master’s
degree
shall be minimum of
seven years.
(ii) should: -
(a) be conversant with
the
current
and
relevant codes of
practices and test
procedures;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 15
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
(b) conversant
with
other
statutory
requirements
covering the safety
of hoists and lifts
(c) be able to identify
defects and arrive at
a reliable conclusion
and with regard to
the safety of hoists
and lifts.
5
Lifting Machines,
Chains, Ropes and
Lifting Tackles
Bachelor’s
Degree in Mechanical or
Metallurgic al or Production
Engineering or its equivalent
from recognized university
(i) an experience of
working for a minimum
period of ten years in:
-
(a) design or erection or
maintenance or
(b) test and inspection
procedure of lifting
machines,
chains,
ropes and experience
for those who possess
master’s degree shall
be minimum of seven
years.
(ii) should: -
(a) be conversant with
the
current
and
relevant
codes
of
practices
and
test
procedures.
(b) fracture
machines
and metallurgy of the
material
of
construction; and
(c) heat
treatment
or
stress
relieving
techniques
as
applicable to stress
bearing components
and parts of lifting
machinery and lifting
tackles.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 16
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
(d) capable
of
identifying
defects
and arriving at a
reliable
conclusion
and with regard to the
safety
of
lifting
machinery,
chains,
ropes
and
lifting
tackles
6
Pressure Plants
(viii)
Bachelor’s
Degree
in
Chemical
or
Mechanical or Metallurgic al
or Production Engineering its
equivalent from recognized
university
(i) an
experience
of
working
for
a
minimum
(ii) period of ten years
in: -
(a) design or erection or
maintenance or
(b) testing, examination
(iii)
and
inspection
procedure of pressure
plants.
provided that experience
for those who possesses
master’s degree shall be
minimum
of
seven
years.
should: -
(a) be conversant with
the
current
and
relevant
codes
of
practices
and
test
procedures
relating
to pressure plants;
(b) conversant
with
statutory requirement
concerning the safety
of unfired pressure
vessels
and
equipment’s
operating
under
pressure;
(c) conversant with non-
destructive
testing
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 17
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
techniques
as
are
applicable
to
pressure vessels; and
(d) able
to
identify
defects and arriving
at
a
reliable
conclusion and with
regard to the safety of
pressure plants.
7
Precautions against
fumes, gases
Bachelor’s
Degree
in
Chemical engineering from
recognized university
(i) an
experience
of
working
for
a
minimum period of
ten
years
in;
collection
and
analysis
of
environmental
samples
and
calibration
of
monitoring
equipment’s.
(ii) Provided
that
experience for those
who possess master’s
degree
shall
be
minimum of seven
years.
should be:
(a) conversant with the
hazardous Properties
of chemicals and
their permissible
limit values;
(b) conversant
with
current techniques
sampling
and
analysis
of
environmental
contaminants; and
(c) able to arrive at a
reliable conclusion
as regards the safety
in
respect
of
entering
and
carrying
out
hot
work.
Meters,
instruments
and
devices
duly
calibrated
and
certified for carrying
out
the
test
and
certification of safety
in working in confined
spaces.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 18
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
8
Ventilation system
as required under
various schedules
framed
under
section-82 of the
code.
Bachelor’s
Degree
in
Chemical Engineering its
equivalent from recognized
university.
(i)
minimum of ten
years’ experience
in
design,
fabrication, testing
of
ventilating
system used for
extraction
and
collection of dust,
fumes and vapours
and other ancillary
equipment.
Provided
that
experience
for
those
who
possesses master’s
degree
shall
be
minimum of seven
years.
(ii) he
shall
be
conversant
with
relevant codes of
practice and test
procedures that are
current in respect
of ventilation and
extraction system
for fumes and
(iii) be able to arrive at
a
reliable
conclusion
with
regard
to
effectiveness of the
system
Facilities for testing the
ventilating
system
instruments and gauges
for
testing
the
Effectiveness
for
extraction system for
dusts, vapours & fumes
and
any
other
equipment needed for
determining
the
efficiency
and
adequacy
of
these
systems. He shall have
the assistance of a
suitable
qualified
technical person who
can
come
to
a
reasonable conclusion
as to the adequacy of
system.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 19
Sr. No
Purpose for which
competency
required
Qualifications
Experience
Facilities
at
the
disposal
9
Plant/ Machinery
/ Equipmen t under
schedule XI, XIII,
XVI, XIX, XXII
under
rule
105
framed
under
section – 82
Bachelor’s
Degree
in
chemical Engineering or its
equivalent from
recognized university.
(i) An
experience
of
working for minimum
period of ten years in:
-
(a) Design or operation
or maintenance of
concerned
Plant/
Machinery
Equipment or
(b) Testing,
examination
and
inspection
of
relevant machinery,
their guards, safety
devices
and
appliances.
(ii) Should: -
(a) Be conversant with
safety devices and
their
proper
functioning
(b) Be able to identify
defects
and
other
causes leading to the
failure. Provided that
experience for those
who
possesses
master’s degree shall
be minimum of seven
years; and
(c) Have ability to arrive
at
a
reliable
conclusion
with
regard
to
proper
functioning of safety
devices,
appliances
and machine guars
Gauges
for
measurement
and
instruments
for
measurement of speed
and
any
other
equipment or device to
determine the safety in
the
use
of
the
dangerous machine.
(7) If the qualifications and experience of the person(s) proposed to be recognized are found to be in
accordance with these rules, the person may be called to appear for a test and interview before the
Interview Board to be constituted by the Chief Inspector-cum-Facilitator.
(8) The Chief Inspector-cum-Facilitator based on the result of test and report of the interview Board
and after satisfying himself as regard to the competence and facilities available at the disposal of the
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 20
applicant, may recognize the applicant as the competent person by issuing a certificate of competency
in Form-03 or such application shall be disposed of by rejecting the same specifying reasons thereof.
(9) The Chief Inspector-cum-Facilitator, if he has reason to believe that a competent person,-
(a) has violated any condition stipulated in the certificate of competency; or
(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the
intent or the purpose of the Code or the rules made thereunder, or has omitted to act as required
under the Code or the rules made thereunder; or
(c) For any other reason to be recorded in writing, may revoke the certificate or competency after
giving an opportunity to the competent person for being heard.
(10) If the certificate of competency is revoked, the security deposited by the competent person shall
be forfeited.
(10) The competent person for the purpose of certification of buildings and their stability to be used
as Factory shall be a Civil Structure Engineer from any recognized Engineering College in this Union
Territory or as notified by the Union Territory Administration of Dadra and Nagar Haveli and Daman
and Diu from time to time.
(11) The certification done by the institutions referred in sub-rule (11) shall be accepted only when
such certification is signed by the Head of the Civil or Structural Engineering Department and Head of
the Institution.
5. Hazardous Substance.- Hazardous Substance means any chemical along with quantity as specified
in the sub-clause (ii) and (iii) of clause (e) of rule 2 of the Manufacture, Storage and Import of Hazardous
Chemical Rules, 1989 as amended from time to time.
CHAPTER-II
REGISTRATION
6. Registration of Establishment. - (1) The employer seeking registration under Section 3 for an
establishment not already registered shall apply electronically to the Registering Officer, appointed
under clause (b) of sub section (1) of section 3 of the Code, in Form – 04 through portal by giving
details about the establishment, and uploading documents related to Registration of the establishment,
proof of Identity and address of the employer(s) as specified in the Form.
(2) Every application, referred to in sub-rule (1) shall be signed digitally or in any other manner as may
be required on the portal. The applicant shall be responsible for veracity of all information submitted in
the application.
(3) Every application referred to in sub-rule (1), shall be accompanied by the fee
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 21
specified in the schedule under sub-rule 6.
(4) The employer in respect of any establishment registered under any Central law shall update the
registration particulars on the portal within six months from date on which these rules come into force.
(5) Every application referred to in sub-rule (1), shall be accompanied by the information on inter-state
migrant workers in Form-05.
(6) The fee to be paid for registration of an establishment shall be as per the Schedule given below: -
SCHEDULE
Number of employees to be employed
Fee for Registration
Up to 20
1000
21-50
2000
51-100
3000
101-150
5000
151-200
7500
201-250
10000
251-500
12500
501-750
15000
751-1000
17500
1001-1500
20000
1501-2000
25000
2001-3000
30000
3001-5000
40000
Above 5000
50000
(7) If there is any increase in the number of employees to be employed in the establishment subsequent
to its registration, then the differential amount as per the schedule under sub-rule 6 shall be payable by
the employer concerned.
7. (1) The registering officer, after receiving the application under sub-rule (1) of rule 6, if the
application is complete in all respect, shall register the establishment and issue a certificate of
registration electronically to the employer thereof immediately but not later than seven days from the
date of submission of complete application in such form and within such time and subject to such
conditions as may be prescribed by the Central Government, failing which such establishment shall be
deemed to have been registered and the certificate of registration shall be auto generated.
(2) The certificate of registration shall be non-transferable and a copy of the certificate of registration
shall be displayed in the premises of the establishment at the conspicuous place in hard copy or
electronically.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 22
(3) Any registration obtained by providing wrong information shall be liable to be cancelled
provided that establishment has been given an opportunity to show cause, electronically or by registered
post, as to why the certificate of registration should not be cancelled.
(4) The employer shall quote the Registration Number on all documents prepared or completed by
him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, and
in all correspondence with the office concerned.
(5) Any change in the ownership, management or any particular furnished in Registration Form
submitted on the specified portal, shall be updated on the portal by the employer within thirty days of
such change.
(6) The employer of an establishment to which the provisions of the Code apply and whose business
activities are in process of closure, may apply for cancellation of registration online on the Portal after
giving complete details of the dues payable under these Rules or any other labour laws:
Provided that no such application for cancellation of registration shall be entertained unless the
employer has furnished all statutory returns, paid all statutory dues under these Rules or any other labour
laws in force in accordance with the law applicable for the time being and submitted a self-certification
to that effect along with the application.
(7) The registering officer shall maintain a register of establishment electronically in Form-6 showing
the particulars of establishment in relation to which certificates of registration have been issued by him.
8. Amendment of registration certificate. - Where, the Registering Officer is satisfied that a change
has occurred in the particulars of the establishment, as entered in the register in Form-06, he shall amend
the said register and record therein the change which has occurred and certificate of registration shall
be amended accordingly.
9. Late fee for registration. - If the application for registration is not made within the time, as
specified in sub-section (1) of section 3, a late fee of twenty five percent of fee payable as specified in
the schedule under sub-rule (6) of rule 6 shall be charged.
10. Payment of Fees for registration. - The fees payable under rules 6 and 9 shall be paid through
the portal. Such fee shall be credited to the treasury in the head of account as may be specified by the
Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu from time to time.
11. Notice of commencement and cessation.- (1) The employer of establishment relating to contract
labour or building or other construction work shall within thirty days of the commencement of operation
of the establishment, give notice in Form-07 in case of commencement of operations and in Form-08
in case of cessation of operations on the portal to the registering officer and Inspector-cum-Facilitator
having jurisdiction in the area where the establishment is situated.
(2) The employer referred to in sub-rule (1) shall, within the period of thirty days of the cessation,
submit a written notice in Form-08 on the portal to the registering officer and Inspector-cum-Facilitator
appointed for class of establishment.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 23
CHAPTER- Ill
DUTIES OF EMPLOYER, EMPLOYEES ETC.
12. Medical examination of employees- (1) Every employer of factory and building or other
construction work shall arrange to conduct free of cost, medical examination for every worker annually
i.e. within 120 days from the commencement of every calendar year who has completed 40 years of
age. The medical examination shall be conducted by a qualified medical practitioner as per proforma in
the Form-09.
Provided that an employer may avail the facility for medical examination of the employees through the
Employees' State Insurance Corporation.
(2) The Medical Certificate shall be submitted by the qualified medical practitioner to the concerned
employer and employee.
Provided that all the employees irrespective of age or type of establishment, engaged in handling of
hazardous substance or hazardous process or dangerous operations shall be medically examined bi-
annually within thirty days from the 1st day of January and July.
(3) The record of medical examination shall be maintained in Form-09 electronically or otherwise and
shall be made available to the Inspector-cum-Facilitator for inspection, whenever required.
SCHEDULE
General
Establishments
Blood
Urine
X ray
Establishments
dealing
with
Hazardous
Process
or
Hazardous
Substance
or
Hazardous
Waste
Blood
Urine
X ray
PFT
Sputum
Audiometry
(if
applicable)
Any Other test
recommended
by
Inspector-
cum- Facilitator
-
cum-
Facilitator
declared under
the code.
13. Letter of appointment to employee under clause (f) of sub-section (1) of Section 6.-No
employee shall be employed in any establishment unless he has been issued a letter of appointment in
the prescribed format as appended to this Rule:
Provided that, an employee who has not been issued an appointment letter containing the required
particulars, shall be issued an appointment letter within three months of coming into force of this rule.
(a) Name of employee:
(b) Father‘s name:
(c) Aadhar number:
(d) Labour Identification Number (LIN) of the establishment:
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 24
(e) Universal Account Number (UAN)/Insurance Number (ESIC):
(f) Designation:
(g) Category of skill
(h) Date of joining:
(i) Wages, Basic Pay & Dearness Allowance:
(j) Other allowance including accommodation whichever is/are applicable:
(k) Avenue for achieving higher wages/higher position:
(l) Applicability of social security EPFO and ESIC benefits applicable:
(m) Health check-up:
(n) Broad Nature of duties to be performed:
(o) Benefits available under Chapter VI (Maternity Benefit) of the Code on Social Security, 2020
(36 of 2020) (in case of women employee):
(p) Any other information:
Signature Occupier/employer/owner/agent/manager
Employer seal and signature
14. Notice of accident. - (1) When any accident which results in the death of any person, the employer
of the establishment, shall inform electronically and telephonically to the Registering Officer or
Designated Authority as the case may be, and the Chief Inspector-cum-Inspector within twelve hours
from time of accident and shall also inform the following:
(a) District Magistrate or Sub-Divisional Magistrate;
(b) the Officer-in-charge of the Police Station;
(c) the family of the injured or deceased person; and
(d) to the authorities of the concerned state in case of inter-state migrant worker.
(2) An information given as required under sub-rule (1) shall be subsequently confirmed by the
employer of the establishment to the authorities mentioned in sub-rule (1) within twenty-four hours of
the accident by sending them a report electronically in Form-10.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 25
(3) When any accident takes place in an establishment and it causes such bodily injury to any person
as prevents the person injured from working for a period of forty-eight hours or more immediately
following the accident the employer of the establishment shall send a report thereof to the Chief
Inspector-cum-Facilitator in Form-1O within twenty four hours after the expiry of the forty-eight hours
from the time of the accident:
Provided that if in the case of an accident, death occurs of any person injured by such accident after the
notices and reports referred to in the foregoing sub-rule have been sent, the employer of the
establishment shall forthwith send an intimation thereof by telephone, special messenger or email to the
authorities and persons mentioned in sub-rules (1);
Provided further that, if the period of disability from working for forty-eight hours or more referred to
in sub-rule (4) does not occur immediately following the accident but later on occurs in more than one
spell, the report shall be sent to the Registering Officer as Designated Authority as the case may be and
the Chief Inspector-Cum-Facilitator in Form-1O within twenty-four hours immediately following the
hour when the actual total period of disability from working resulting from the accident becomes forty-
eight hours.
15. Notice of Dangerous Occurrence. - (1) When any dangerous occurrence specified in the
Schedule given under this rule takes place in an establishment, the employer of the establishment shall
forthwith send a notice in Form-11 thereof by telephone, special messenger or email within twelve
hours to, -
(a) Sub-Divisional Magistrate;
(b) Chief Inspector-cum-Facilitator;
(c) the Officer-in-charge of the Police Station; and
(d) Registering Officer or Designated Authority as the case may be.
SCHEDULE
The following class of occurrence shall be dangerous occurrence within the meaning of this rule: -
(i) Bursting, of any plant or pipeline or equipment containing petroleum, steam,
compressed air or other substance at a pressure greater than the atmospheric
pressure;
(ii) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising
or lowering persons or goods, or any part thereof, or the overturning of a crane.
(iii) Explosion, explosion due to explosives, fire, leakage or release of harmful toxic
gases, bursting out, leakage or escape of any molten metal, or hot liquid or gas
causing bodily injury to any person or damage to any room or place in which persons
are employed;
(iv) Explosion of a receiver or container used for the storage at pressure greater than
atmospheric pressure of any gas or gases (including air) or any liquid or solid
resulting from the compression of gas.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 26
(v) collapse or failure of lifting appliances or hoist or conveyors or other similar
equipment for handling building or construction material or breakage or failure of
rope, chain or loose gears; overturning of cranes used in building or other
construction work; falling of objects from height;
(vi) collapse of any wall, floor, gallery, roof bridge, tunnel, chimney, wall, building or
subsidence of soil or any other structure, platform, staging, scaffolding or any means
of access including formwork; contact work, excavation and collapse of
transmission;
(vii)
Spillage or leakage of hazardous substances and damage to their container;
i. collapse, capsizing, toppling or collision of transport equipment within the
establishment;
(viii)
fall from height of any excavation, loading or transport machinery;
(ix) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e.,
abump') in working below ground;
(x) a rock-burst in working belowground; a premature collapse of any part of the
working;
(xi) a breakage, fracture or failure of an essential part of any machine or apparatus
whereby the safety of persons may be endangered;
(xii)
a slide causing injury to any person, damage to any machinery, or interruption
of normal mining operations;
(xiii)
failure of dump or side in opencast working; a blowout;
(xiv)
a failure of any structure or installation whereby the safety of persons may be
endangered; or spark generated due to electrical flash-over causing burn injury to
any person;
(xv)
a major uncontrolled emission of petroleum or chemical spillage;
16. Notice of Disease.- (1) A notice in Form-12 shall be sent forthwith to the Registering Officer or
Designated Authority as the case may be, Chief Inspector-cum-Facilitator and to the qualified medical
practitioner by the employer of an establishment in which disease specified in the Third Schedule
appended to the Code occurs.
(2) The Qualified medical practitioner shall send a report in writing to the office of the Chief
Inspector-cum-Facilitator in Form-12 through E-mail within forty eight hours from the time the disease
specified in the Third Schedule appended to the Code came to his knowledge.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 27
17. Manner of making report by employee.- The employee shall submit the report in Form-13 to
the Safety Committee or Safety Officer or Employer with regard to unsafe or unhealthy situation.
18. Manner of sending report of action taken.- An Employer or Employee of an establishment shall
submit the report in Form-14 to the Inspector-cum-Facilitator appointed for such class of establishment
within twenty-four hours from the time remedial action is taken with regard to the imminent danger.
CHAPTER-IV
OCCUPATIONAL SAFETY AND HEALTH
19. Constitution of the Dadra and Nagar Haveli and Daman and Diu Occupational Safety and
Health Advisory Board.- (1) The Dadra and Nagar Haveli and Daman and Diu Occupational Safety
and Health Advisory Board (hereinafter referred t6 in these rules as the Board) shall consist of the
following, namely:-
a) Commissioner-cum-Secretary (Labour), DNH & DD -Chairperson (Ex-officio)
b) Deputy Secretary (Labour) DNH & DD - Member secretary
c) General Manager, Department of Industries, Daman- Member
d) Director, PDA, DNH & DD – Member
e) Deputy Secretary, PWD, DNH & DD – Member
f) Executive Engineer, PWD, Daman – Member
g) Regional Director, ESIC - Member (ex-officio)
h) Director, Health Services, DNH & DD – Member
i) Member Secretary, DNH & DD Pollution Control Committee – Member
j) Two representatives of employers to be nominated by Secretary (Labour), Union Territory
Administration of Dadra and Nagar Haveli and Daman and Diu – Members
k) Two representatives of employees to be nominated by the Secretary (Labour), Union
Territory Administration of Dadra and Nagar Haveli and Daman and Diu – Members
l) One eminent person connected with the field of occupational safety and health, or
representatives from reputed research institutions or similar other discipline to be
nominated by Secretary (Labour), Union Territory Administration of Dadra and Nagar
Haveli and Daman and Diu – Members
(2) The terms of office of the members referred to in clauses (x), (xi), and (xii) shall be of three years.
(3) The Board shall meet at least twice in a year
20. Notice of meeting and the agenda.- Notice intimating the date, time and venue of every meeting
together with agenda, to be discussed at the meeting, shall be sent by registered post, email or by special
messenger, to each member fifteen days before the meeting:
Provided that when the Chairperson calls a meeting for the consideration of any matter, which in his
opinion is urgent, notice of not less than three days shall be deemed sufficient.
21. Absence from the State/UT. - If any member leaves the State/UT for a period of not less than
six months without intimation to the Chairperson, he shall be deemed to have resigned from the Board.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 28
22. Transaction of business.- Every question considered at a meeting of the Board shall be decided
by a majority of the votes of the members present and voting and in the event of equal votes, the
Chairperson shall have and exercise a casting vote.
23. Quorum.- No business shall be transacted at any meeting of the Board, unless at least ten members
are present.
24. Minutes of the meeting.- The minutes of every meeting, duly approved by the Chairperson, shall
be recorded by the Member- Secretary of the Board which shall be a permanent record.
25. Fees and allowances.- Every non-official member of the Board shall be paid the fees and
allowance for attending a meeting of the Board at such rates as may be fixed by the Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu from time to time.
26. Resignation. - A member of the Board, not being an ex-officio member, may resign his office by
a letter in writing addressed to Secretary (Labour) Union Territory Administration of Dadra & Nagar
Haveli and Daman and Diu and the Office of such a member shall fall vacant from the date on which
his resignation is accepted by the Secretary (Labour), Union Territory Administration of Dadra & Nagar
Haveli and Daman and Diu, or on the expiry of thirty days from the date of receipt of the letter of
resignation by the Administration of Dadra & Nagar Haveli and Daman and Diu whichever is earlier.
27. Cessation of Membership.- If any member of the Board, not being an ex-officio member, fails
to attend three consecutive meetings of the Board, without obtaining the leave from the Chairperson for
such absence, he shall cease to be member of the Board:
Provided that the Administration of Dadra & Nagar Haveli and Daman and Diu may, if it is satisfied
that such member was prevented by sufficient cause from attending three consecutive meetings of the
Board, direct that such cessation shall not take place and on such direction being made, such member
shall continue to be a member of the Board.
28.Disqualification for membership.- (1) A person shall be disqualified for being reappointed, and
for being a member of the Board,-
(a) if he is of unsound mind and stands so declared by a competent court; or
(b) if he is an un-discharged insolvent; or
(c) if he has been or is convicted of an offence which, in the opinion of the Administration of Dadra
& Nagar Haveli and Daman and Diu, involves moral turpitude.
29. Removal from Membership.- The Administration of Dadra & Nagar Haveli and Daman and
Diu may remove from office any member of the Board, if in its opinion such a member has ceased to
represent the interest which he purports to represent in the Board:
Provided that no such member shall be removed, unless a reasonable opportunity is given to him for
making any representation against the proposed action.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 29
30. Manner of filling vacancies.- When a vacancy occurs or is likely to occur in the membership of
the Board, the Member Secretary of the Board shall submit a report to the Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu and on receipt of such report, the Union
Territory Administration of Dadra & Nagar Haveli and Daman and Diu may, by notification, nominate
a person to fill the vacancy and the person so nominated shall hold office for the remainder of the term
of office of the member in whose place he is nominated.
31. Collection and extraction of safety and health statistics. - (1) Every employer shall submit the
details of occupational safety and health statistics to the Union Territory Administration of Dadra &
Nagar Haveli and Daman and Diu as well as to the office of Director General, Labour Bureau
electronically on portal in such form and manner as may be prescribed by the Central Government from
time to time.
(2) Every inter-State migrant worker, whether employed or self-employed in the Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu shall get himself registered on portal as
may be developed for such purposes either by Union Territory Administration of Dadra and Nagar
Haveli and Daman and Diu or Central Government.
32. Safety Committee. - (1) In every establishment, -
(a) wherein five hundred or more employees are ordinarily employed; or
(b) which handles an hazardous substance as defined in clause (zb) of section 2 and employs
fifty or more employees; or
(c) which carries on any hazardous process as defined in clause (za) of section 2 or carries
operation declared to be dangerous under the Code and employs fifty or more employees,
there shall be a Safety Committee to be set up by the employer.
(2) The representatives for the management of Safety Committee shall include; -
(a) a senior official, who by virtue of his position in the establishment can contribute
effectively to the functioning of the Committee. Such a senior official shall be the Chairman
of the Safety Committee;
(b) a Safety Officer or Medical Officer, wherever available and the Safety Officer in such a
case shall be the Secretary of the Safety Committee; and
(c) a representative each from the human resource, production, maintenance and purchase
departments.
(3) The Safety Committee shall consist of an equal number of members representing the employer
and the workers, which shall not exceed twenty.
(4) The employees' representatives of this Committee shall be elected by the employees.
Provided that there shall be adequate representation of women and such representation shall not be less
than the proportion of women workers to the total number of workers employed.
(5) The tenure of the Committee shall be three years.
(6) The Safety Committee shall meet as often as necessary but at least once in every quarter. The
minutes of the meeting shall be recorded and produced to the Inspector-cum-Facilitator on demand.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 30
(7) The Safety Committee shall have the right to, -
(a) Ask for necessary information concerning health and safety of the employees; and
(b) seek any relevant information concerning health and safety of the employees.
(8) The functions and duties of the Safety Committee shall include, -
(a) assisting and co-operating with the management in achieving the aims and objectives outlined
in the Health and Safety Policy of the establishment;
(b) dealing with all matters concerning health, safety and environment and to arrive at practicable
solutions to problems encountered;
(c) creating safety awareness amongst all employees;
(d) undertaking educational, training and promotional activities;
(e) deliberating on reports of safety environmental and occupational health surveys, emergency
plans, safety audits, risk assessment and implementation of the recommendations made in the
reports;
(f) carrying out health and safety surveys and identifying causes of accidents;
(g) looking into any complaint made on the likelihood of an imminent danger to the safety and
health of the employees and suggest corrective measures; and
(h) reviewing the implementation of the recommendations made by it.
(9) Where owing to the size of the establishment, or any other reason, the functions referred to in sub-
rule (7) cannot be effectively carried out by the Safety Committee, it may constitute such sub-
committees, as may be required to assist it.
Provided that the establishments other than audio-visual production, Building or other Construction
work, factory or plantation may constitute a safety committee in such a manner as approved by Chief
Inspector-cum- Facilitator based on the following conditions:-
(i) The establishment has a safety committee consisting of equal representatives of employers and
workers;
(ii) the safety committee performs the functions mentioned in Rule 32(7);
(iii) the details of the committee are available to all the employees; and
(iv) the Safety Committee shall meet as often as necessary but at least once in every quarter. The
minutes of the meetings shall be recorded and produced to the Inspector-cum-Facilitator on
demand.
33. Safety Officer.- (1) There shall be one Safety Officer,-
(a)
for factories employing between five hundred and one thousand workers:
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 31
(b)
Provided that for the purposes of this clause, there shall be an additional Safety
Officer for every five hundred workers or a fraction thereof; or
(c)
for factories carrying on hazardous process or establishments carrying on
building or other construction works, employing between two hundred fifty
workers and five hundred workers.
Provided that for the purposes of this clause, there shall be an additional Safety Officer for every two
hundred fifty workers or a fraction thereof.
(2) A person shall not be eligible for appointment as a Safety Officer, unless he,-
(i) possesses a degree of a recognised university or institution in any branch of Engineering or
Technology and has practical experience of working in a factory or building or other
construction work in a supervisory capacity for a period of not less than two years or possesses
a degree in Physics or Chemistry from a recognised university or institution and has practical
experience of working in a factory or building or other construction work in a supervisory
capacity for a period of not less than five years, or possesses a recognised diploma in any branch
of engineering or technology and has practical experience of working in a factory or building
or other construction work in a supervisory capacity for a period of not less than five years;
(ii) possesses a diploma or degree in industrial safety or occupational safety and health recognised
by All India Council for Technical Education or University Grants Commission; and
(iii) has adequate knowledge of language spoken by majority of the workers in the region in which
the factory or building or other construction work where he is to be appointed, is situated.
(3) Notwithstanding anything contained in sub-rule (2), any person who possesses a degree or diploma
in Engineering or Technology of a recognised university or institution and has an experience of not less
than ten years in a department of the Central Government State Government/ Administration of Dadra
& Nagar Haveli and Daman and Diu which dealt with the administration of the Factories Act, 1948 or
the Indian Dock Labourers Act, 1934 or the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 or deals with the Code Occupational Health, Safety
and Working Conditions Code 2020, shall also be eligible for appointment as a Safety Officer:
Provided that in the case of a person who has been working as a Safety Officer in an establishment for
a period of not less than three years on the date of commencement of these rules, the Chief Inspector-
cum-Facilitator may, subject to conditions as he may specify, relax all or any of the above said
qualifications.
(4) The occupier of the factory or employer of building or other construction establishment, as the
case may be, shall inform the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator of the
area about appointment of the Safety Officer or Chief Safety Officer within seven days from such
appointment.
(5) The Chief Inspector-cum-Facilitator may endorse such appointment if it is in accordance with the
section 22 of the Code and this rule.
(6) Where more than one Safety Officers are appointed in an establishment, one of them shall be
designated as the Chief Safety Officer and shall be the overall in charge of the Safety functions as
envisaged in sub-rule (10).
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 32
(7) The Chief Safety Officer or the Safety Officer in the case of an establishment where only one
Safety Officer is required to be appointed, shall be given the status of a senior executive and shall work
directly under the control of the employer.
(8) The scales of pay and allowances to be granted to the Safety Officers, including the Chief Safety
Officer, and the other conditions of their service shall be the same as those of the officers of
corresponding status in the establishment.
(9) Following shall be the duties of a Safety Officer, namely: -
(i) to advise and assist the management of the establishment in the fulfilment of its
obligations, statutory or otherwise, concerning prevention of personal injuries and
maintenance of a safe working environment;
(ii) to advise the concerned departments in planning and organizing measures
necessary for the effective control of person injuries;
(iii) To advise on safety aspects in all job studies, and to carry out detailed job safety
studies of selected jobs;
(iv) to check and evaluate the effectiveness of the action taken or proposed to be taken
to prevent personal injuries;
(v) to advise the purchase and stores departments in ensuring high quality and
availability of personal protective equipment;
(vi) to advise on matters relating to plant safety inspections;
(vii)
to carry out plant safety inspections in order to observe the physical conditions
of work and the work practices and procedures followed by workers and to render
advice on measures to be adopted for removing the unsafe physical conditions and
preventing unsafe actions by workers;
(viii)
to tender advice on matters relating to reporting and investigation of industrial
accidents and occupational diseases;
(ix) to investigate accidents;
(x) to investigate the cases of occupational diseases contracted and dangerous
occurrences reportable under the Code ;
(xi) to advise on the maintenance of such records as are necessary relating to accidents,
dangerous occurrences and occupational diseases;
(xii)
to promote setting up of safety committees and act as advisor and convener to
such committees;
(xiii)
to organise in association with the concerned departments of the establishment
campaigns, competitions, contests and other activities which will develop and
maintain the interest of the workers in establishing and maintaining safe conditions
of work and procedures; and
(xiv)
to design and conduct either independently or in collaboration with the training
department of the establishment, suitable training and educational programmes for
the prevention of personal injuries.
(10) An employer of the establishment shall provide each Safety Officer with such facilities,
equipment and information as are necessary to enable him to discharge his duties effectively.
(11) No Safety Officer shall be required or permitted to do any work which is inconsistent with or
detrimental to the performance of the duties specified in sub-rule (10).
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 33
CHAPTER-V
HOURS OF WORK AND ANNUAL LEAVE WITH WAGES
34. Conditions relating to weekly holidays. - (1) No worker shall be required or allowed to work
in an establishment on the first day of the week (hereinafter referred to as the said day), unless-
(a) he has or will have a holiday for a whole day on one of the three days immediately before or
after the said day; and
(b) the employer of the establishment has, before the said day or the substituted day under clause
(a), whichever is earlier, -
(i) delivered a notice at the office of the Inspector-cum-Facilitator of his intention to
require the worker to work on the said day and of the day which is to be substituted,
and
(ii) displayed a notice to that effect in the establishment:
Provided that no substitution shall be made which will result in any worker working for more than ten
days consecutively without a holiday for a whole day.
(2) Notices given under sub-rule (1) may be cancelled by a notice delivered at the office of the
Inspector-cum-Facilitator and a notice displayed in the establishment not later than the day before the
said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-rule (1), any worker works on the said day and
has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of
calculating his weekly hours of work, be included in the preceding week.
35. Conditions relating to compensatory holidays. - (1) Where, a worker is deprived of any of the
weekly holidays for which provision is made under sub-rule of rule 34, he shall be allowed, within the
month in which the holidays were due to him or within the two months immediately following that
month, compensatory holidays of equal number of the holidays so lost.
(2) Except in the case of workers engaged in any work which for technical reasons must be carried on
continuously throughout the day, the compensatory holidays to be allowed under sub-section (3) of
section 26 shall be so spaced that not more than two holidays are given in one week.
(3) The employer of the establishment shall display, on or before the end of the month in which
holidays are lost, a notice in respect of workers allowed compensatory holidays during the following
month and of the dates thereof, at the place at which the notice of periods of work prescribed under
section 31 is displayed. Any subsequent change in the notice in respect of any compensatory holiday
shall be made not less than three days in advance of the date of that holiday.
(4) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before
he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be
given before discharge or dismissal.
(5) The employer shall maintain required entries as prescribed in Form-16.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 34
36. Extra wages for overtime. - (1) In pursuance of section 27, where in an establishment-
(a) a worker works for more than eight hours in any day as daily wager or
(b) a worker, other than daily wager, for more than forty-eight hours in any week
Worker shall in respect of such overtime work be entitled to wages at the rate of twice the rate of their
wages and shall be paid at the end of each wage period as per Code on Wages 2019 and rules made
thereunder.
(2) In calculating overtime on any day, a fraction of an hour between thirty to forty five minutes
shall be counted as forty five minutes and in case of more than forty five minutes it shall be rounded
and shall be counted as an hour on actual basis.
(3) In calculating the wages or earnings in the case of a worker paid by the month, the daily wages
shall be 1/26th of his monthly wages; and in the case of any other worker it shall be the daily wages or
earnings, as the case may be.
(4) The spread over for the workers may exceed twelve hours in any one day under the following
works and circumstances in all establishments, except those covered as factories, namely: -
(a) urgent repairs;
(b) work in the nature of preparatory or complimentary work;
(c) work which is necessarily so intermittent that the intervals during which they do not work while
on duty ordinarily amount to more than the intervals for rest;
(d) work which for technical reasons must be carried on continuously;
(e) engaged in making or supplying articles of prime necessity which must be made or supplied
every day;
(f) engaged in a process which cannot be carried on, except during fixed seasons;
(g) engaged in a process which cannot be carried on, except at times dependent on the irregular
action of natural forces;
(h) engaged in an engine-rooms or boiler-houses or in attending to power-plant or transmission
machinery;
(i) engaged in-a process on account of the break-down of machinery;
(j) engaged in the loading or unloading of railway wagons or lorries or trucks;
(k) exceptional press of work; and
(l) engaged in any work, which is notified by the Union Territory Administration of Dadra &
Nagar Haveli and Daman and Diu in the Official Gazette as a work of public importance.
37. Total number of hours of overtime.- The total number of hours for overtime shall be subject to
the following conditions, namely:-
(i) the total number of hours of work in any day shall not exceed twelve;
(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 35
(iii) no worker shall be allowed to work overtime for more than seven days at a stretch and the total
number of hours of overtime work in any quarter shall not exceed one hundred and forty four
hours.
38. Notice of periods of work.- (1) There shall be displayed and correctly maintained in every
establishment, a notice of periods of work for adults, showing clearly for every day the periods during
which workers may be required to work in Form-15.
(2) The periods shown in the notice required by sub-rule (1) shall be fixed before hand and copy shall
be submitted to the Inspector-cum-Facilitator.
(3) Where all the workers in an establishment are required to work during the same periods, the
employer of the establishment shall fix those periods for such workers generally.
(4) Where all the workers in an establishment are not required to work during the same periods, the
employer of the establishment shall classify them into groups according to the nature of their work
indicating the number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the employer of the
establishment shall fix the periods during which the group may be required to work.
(6) Where any group is required to work on a system of shifts and the relays are not to be subject to
predetermined periodical changes of shifts, the employer of an establishment shall fix the periods during
which each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined
periodical changes of shifts, the employer of an establishment shall draw up a scheme of shifts where
under the periods during which any relay of the group may be required to work and the relay which will
be working at any time of the day shall be known for any day.
(8) In the case of an establishment beginning work after the commencement of the Code, a copy of the
notice referred to in sub-rule (1) shall be sent electronically to the Inspector-cum-Facilitator appointed
for such class of establishment before the day on which work is to begin in an establishment.
(9) Any proposed change in the system of work in any establishment which will necessitate a change
in the notice referred to in sub-rule (1) shall be notified electronically to the Inspector-cum-Facilitator
appointed for such class of establishment before the change is made, and except with the previous
sanction of the Inspector-cum-Facilitator appointed for such class of establishment, no such change
shall be made until one week has elapsed since the last change.
38A. Exemption from the restriction on double employment under section 30.- (1) An adult worker may
be employed in more than one factory on the same day with the previous approval of the Inspector-
cum-Facilitator subject to the following conditions.
a) He shall not be employed for more than a total of 8 hours on a single day.
b) He / She shall receive a weekly holiday in accordance with provisions of section 25.
c) Every worker who is required to work in another factory on the same day shall carry with him
a card in which the following particulars shall be entered by the manager of the first factory
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 36
i. His normal periods of work as in the notice of periods of work for the day
ii. The period or periods he has worked in the first factory for the day. The
manager of the second factory in which he is to work for the rest of the day
shall enter in the card the period or periods he has worked for the day in the
factory. The manager of both the factories in which the worker has worked for
the day.
shall send to the Inspector-cum-Facilitator an extract of the card mentioned above not later than 3 days
from the date on which the worker has worked in the two factories on the same day.
CHAPTER-VI
REGISTERS, RECORDS, AND RETURNS
39. Register of adult workers.- The employer shall maintain a register of employees in such form,
as may be prescribed by the rules made by the Union Territory Administration of Dadra and Nagar
Haveli and Daman and Diu under the Code on Wages, 2019.
40. Register of adolescent workers.- The employer shall maintain a register in such form, as may be
prescribed by the rules made by the appropriate Government under the Child and Adolescent labour
(Prohibition and regulation) Act 1986 as amended from time to time.
41. Attendance record.- (1) Muster-roll:-
(a) The employer of every establishment shall maintain a muster-roll of all the workers employed
in the establishment in Form-16 electronically or otherwise showing,-
(b) the name of each worker;
(c) the nature of his work; and
(d) the daily attendance of the worker.
(e) In case of establishments employing more than hundred workers, attendance shall be marked
within one hour and in other cases within half an hour of the start of the duty.
(f) The register maintained under this sub-rule shall be preserved for a period of three years after
the last entry in it and shall be produced before the Inspector-cum-Facilitator on demand.
(2) Attendance Card
(a) No worker shall be required or allowed to work unless he has in his possession attendance
card with up to date entries, in Form-17 to be supplied by the employer. The attendance
card shall always remain with the worker. The employer or his authorised person shall
demand it only to make relevant entries therein, whenever necessary.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 37
(b) If a worker loses his attendance card, the employer shall provide him/her with another copy
duly completed from his record on payment of twenty-five rupees within two days of the
payment.
Nothing in sub-rule (2) shall be applicable to an establishment having an arrangement of attendance
system satisfying the following conditions:-
I.
The system must have biometric identity verification capability;
II.
the
data must be safe so as to prevent identity theft; III.
the system must be kept
functional always;
III.
there must be sufficient number of access points or kiosks;
IV.
MIS reports with the queries of daily and weekly hours worked/ overtime hours/ leave
record/absenteeism / weekly holidays/gender/ personal details of the employee must be made
available to the employees;
V.
the system may have integration to payroll management systems;
VI.
the data of the system should be backed up daily with logs of any changes made on the local
and external servers used for backup purposes only; and
VII.
regulatory authorities must be given access to the system as well as backup servers.
42. Register of accidents and dangerous occurrences.- The employer of every establishment shall
maintain a register of accidents and dangerous occurrences in Form-18 electronically or otherwise.
43. Register of leave with wages.- (1) The employer shall maintain a register of leave with wages in
Form-19 electronically or otherwise and the name of each worker shall be entered in this register during
the month, in which the worker is taken in employment.
(2) The register of leave with wages shall be preserved for a period of three years after the last entry in
it and shall be produced before the Inspector-cum-Facilitator on demand.
44. Register of Overtime.- (1) The employer of every establishment, in which workers are exempted
by order or rule, shall make the relevant entries in the Form-16, of all the exempted workers.
(2) Period of overtime work shall also be entered in overtime slips which shall be prepared in duplicate
and an overtime slip duly signed by the employer or by a person duly authorised by him shall be given
to the worker immediately after completion of the overtime work:
Provided that if the Chief Inspector-cum-Facilitator is satisfied that because of the nature of work
carried out in the establishment, it is not possible to issue daily slips to the workers he may permit issue
of weekly slips to the workers.
45. Register of wages. - The employer shall maintain a register of wages in respect of employees in
such form, as may be prescribed by the rules made by the appropriate Government under the Code on
Wages, 2019
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 38
46. Names of authorities. - There shall be a notice displayed at conspicuous place near main entrance
of the establishment carrying the names and address of authorities under the Code in Form-20. shall
display a notice carrying registration certificates and licenses issued under the code at entrance of
establishment.
47. Display of certificates and licenses. - The employer of every establishment shall display a notice
carrying registration certificates and licenses issued under the code at entrance of establishment.
48. Display of name and address of establishment.- (1) A board containing the name and address of
the establishment shall be displayed outside the establishment near the main entrance.
(2) Two third of the upper area of the board to be displayed as per sub-rule 1 shall be in English language
and the rest of the area shall be in any other language recognized by the Constitution of India.
49. Wage Slip. - Every employer shall issue wage slips, electronically or otherwise, to the employees
in such form, as may be prescribed, by the rules made by the appropriate Government under the Code
on Wages, 2019 on or before the Payment of Wages.
50. Annual return. - Every employer of an establishment shall send annually, a return relating to
such establishment in Form-21 on the portal not later than 28th February following the end of each
calendar year with a copy to the Director General, Labour Bureau, electronically.
CHAPTER VII
INSPECTORS AND OTHER AUTHORITIES
51. Qualifications and experience of Chief Inspector-cum-Facilitator. – The Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu may appoint any person as the Chief
Inspector-cum- Facilitator who,-
(i) Possesses Bachelor's degree in Engineering in any discipline with at least ten years' experience
as an Inspector under the Factories Act, 1948 or Inspector-cum-Facilitator under the Code; or
(ii) Is an officer of Indian Administrative Service in the service of Union Territory Administration
of Dadra & Nagar Haveli and Daman and Diu or
(iii) any other officer, who possess the educational qualifications and experience specified at clause
(1) above, as may be appointed by the Union Territory Administration of Dadra and Nagar
Haveli and Daman and Diu.
52. Powers of Inspector-cum-Facilitator for plantation. - The Inspector-cum-Facilitator may ask
for any type of record and may record statement of any person in relation to the establishment or
premises carrying plantation as per clause (zx) of section 2.
53. Manner of taking samples of any article or substance found in any premises and work
environment.- (1) The Chief Inspector-cum-Facilitator shall recognize any laboratory accredited with
the National Accreditation Board for Testing and Calibration Laboratories for taking samples and giving
analysis report required under the Code.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 39
(2) A notice on employer of the establishment from where or in vicinity of which sample is to be
taken shall be served in Form-22 by the Inspector-Cum- Facilitator appointed for class of such
establishment.
(3) The recognised laboratory on the order issued by the Inspector-cum-Facilitator appointed for class
of such establishment in writing or on request from the employer shall take samples.
(4) Sample shall be taken in the presence of employer himself or any person authorised by him.
(5) Samples shall be collected in two parts and shall be placed in containers which shall be sealed,
marked and signed by the person collecting sample as well as the employer or any person authorized
by him.
(6) One part of sample collected and placed, shall be handed over to the employer or his authorised
person present and the other part one shall be sent forthwith to the laboratory for analysis.
(7) The report of the laboratory shall be recorded in Form-23 in triplicate and signed by the Analyst
of the laboratory and sent to the Inspector-cum- Facilitator from whom the order for sampling is
received within seven days from the date of completion of analysis of sample.
(8) The expenditure of the sampling and analysis shall be borne by the employer of the establishment.
(9) On receipt of the report from the laboratory, the Inspector-cum-Facilitator shall send one copy of
the same to the employer of establishment from whom the sample was taken for analysis, the second
copy shall be retained by him for his record and the third copy shall be sent to the Chief Inspector-cum-
Facilitator along with recommendation, for further action.
54. Other powers of Inspector-cum-Facilitator. - An lnspector-cum-Facilitator shall, for the
purposes of the execution of the powers assigned to him under the Code within the local limits of his
jurisdiction, have power to do all or any of the following things, namely:-
(a) to photograph any person, to inspect, examine, measure, copy,
photograph, sketch or test, as the case may be, any building or room,
any plant, machinery, appliance or apparatus, any register or document
or anything provided for the purpose of securing the health, safety or
welfare of the employees employed in an establishment;
(b) in the case of an Inspector-cum-Facilitator who is a duly qualified
medical practitioner, to carry out such medical examinations, as may be
necessary for the purposes of his duties under the Code.•
(c) to prosecute, conduct or defend before a Court any complaint or other
proceeding arising under the Code or in discharge of his duties as an
Inspector- cum-Facilitator.
(d) to issue such orders to other departments or agencies to comply with the
orders issued under sections 3, 38 or any other section as specified.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 40
55. Qualifications and experience of experts to be empaneled. - The qualifications, experience and
eligibility for empanelment as an expert shall be are as follows: -
(i) Bachelor's Degree in engineering in any discipline;
(ii) experience of at least ten years in the field of occupational safety and health;
(iii) diploma or degree in industrial safety or occupational safety and health recognised by All
India Council for Technical Education or University Grants Commission;
(iv) medical fitness declared by the Civil Surgeon; and
(v) age not more than sixty five years.
56. Manner of providing alternative employment.- Every occupier of a factory as the case may be,
shall provide employment to the affected workers in other areas of the establishment wherever possible:
Provided that the wages of the affected person shall not be reduced due to alternate employment.
Explanation: For the purpose of this sub-rule "imminent danger" may also include:
(a)
"any conditions or practices which are such that a danger exists which could
reasonably be expected to cause death or serious physical harm to the person in
employment or people in vicinity immediately or before the imminence of such
danger can be eliminated through the enforcement procedures".
(b)
a situation as immediately dangerous to life or health
(c)
Other hazards and situations as determined by hazard analysis conducted by
empaneled expert(s).
57. Qualifications for the appointment of medical practitioner as medical officer in relation to
establishment. - Following shall be the qualifications for the appointment of medical practitioner as
medical officer in relation to factory, mines, plantation, motor transport undertakings and in any other
establishments namely:-
(i) Should possesses any recognized medical qualification as defined in the National Medical
Commission Act, 2019, and should be enrolled on the National Register as defined in clause
(m) of section 2 or on the State Register as defined in clause (v) of section 2 of the aforesaid
Act; and
(ii) in respect of factory carrying hazardous process or dangerous operations, in addition to the
qualifications mentioned in clause (i), a person should possess a certificate of Training in
Industrial Health of minimum three months duration recognized by Administration of Dadra &
Nagar Haveli and Daman and Diu or should possess a diploma in Industrial Health or
equivalent.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 41
58. Dangerous occupations or processes for medical examination. - Following shall be the
dangerous occupations or processes for the purposes of medical examination and certification, namely:-
(i) operations declared dangerous under section 82 of the Code;
(ii) factories carrying hazardous process as per Schedule 1 of the Code;
(iii) treatment of Biomedical waste;
(iv) sewerage treatment;
(v) solid waste management;
(vi) marble cutting;
(vii)
ready mix concrete;
(viii)
hot mix concrete;
(ix) working at height;
(x) operation of crane or heavy duty machinery; or
(xi) such other occupation or process as may be notified by the Union Territory Administration
of Dadra & Nagar Haveli and Daman and Diu from time to time, to be dangerous.
Explanation: for the purpose of this rule heavy duty machinery includes Excavator, Bulldozer, Skid
Steer loader, Compactor, Trencher, Truck/Dumper having more than six tyres or load capacity more
than 15MT, Earthmoving equipment and machinery producing noise above 85dBA.
59. Medical Examination and certification of adolescent.- (1) A medical officer shall, on the
application of any adolescent or his parent or guardian accompanied by a document signed by the
employer of an establishment that such person will be employed therein if certified to be fit for work in
an establishment, or on the application of the employer of the establishment in which any adolescent
wishes to work, examine such person and ascertain his fitness for work in an establishment.
(2) The medical officer, after examination, may grant to such adolescent, in Form-24, or may renew,
a certificate of fitness to work in an establishment as an adolescent, if he is satisfied that the adolescent
has completed his fourteenth year, has attained the prescribed physical standards and is fit for such
work;
Provided that unless the medical officer has personal knowledge of the place where the adolescent
proposes to work and of the manufacturing process in which he will be employed, he shall not grant or
renew a certificate under this sub-rule until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-rule (2),
(a) shall be valid only for a period of twelve months from the date thereof;
(b) may be made subject to conditions with regard to the nature of the work in which adolescent
may be employed, or requiring re-examination of the adolescent before the expiry of the period
of twelve months.
(4) A medical officer shall revoke any certificate granted or renewed under sub-rule (2), if in his
opinion the holder of it is no longer fit to work in the capacity stated therein in an establishment.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 42
(5) Where a certificate under this rule with reference to any adolescent is granted or renewed subject
to such conditions as are referred to in sub-rule (3), the adolescent shall not be required or allowed to
work in any establishment, except in accordance with those conditions.
(6) A fee of rupees one thousand shall be payable for a certificate under this rule and must be paid by
the employer and shall not be recoverable from the adolescent, his parents or guardian.
(7) Fee required under sub-rule (6) shall be paid on portal and shall be credited to the treasury in the
Head as may be specified by the Administration of Dadra & Nagar Haveli and Daman and Diu from
time to time.
(8) Medical Officer shall maintain record of examinations under this rule in Form-25.
CHAPTER VIII
SPECIAL PROVISIONS RELATING TO EMPLOYMENT OF WOMEN
60. Conditions relating to safety, holidays and working hours or any other condition to be
observed by the employer.- Women employees with their consent may be employed before 6:00 AM
and beyond 7:00 PM subject to the following conditions, namely:-
(a) the consent of women employ shall be taken;
(b) No women shall be employed against the maternity benefit provisions laid down under the
Social Security Code, 2020;
(c) adequate transportation facilities shall be provided to women employee to pick-up and drop
such employee at her residence;
(d) the workplace including passage towards conveniences or facilities concerning toilet,
washrooms, drinking water, dining area, rest room, creche, entry and exit of women employee
should be well-lit;
(e) the toilet, washroom and drinking facilities should be near the workplace where such women
employees are employed; and
(f) Provide safe, secure and healthy working condition such that no women employee is
disadvantaged in connection with her employment.
(g) dedicated telephone numbers of the establishment shall be displayed at conspicuous places both
at the establishment as well as inside the vehicles, so that any women employee can utilize
them, in case of any exigency or emergency.
(h) in case of below ground mine not less than 3 women employees shall be on duty at any place.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 43
(i) The provisions of the Sexual Harassment of Women at workplace (Prevention, Prohibition and
Redressal) Act, 2013 (14 of 2013) and rules made thereunder, as applicable to the
establishments, shall be complied with.
60A. Adequate Safety of employment of women in dangerous operations under Section 44.-The
government may declare by notification the class of establishments and the scheme, and standards for
safeguarding of women in hazardous and dangerous processes.
CHAPTER-IX
SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANTS
PART-I
60B. Qualification and criteria of the contractor. - For the purposes of obtaining license, the
contractor as an entity or as an individual shall not be an un-discharged, insolvent or a convicted person
at any time during the last two years, of an offence which is liable for punishment for more than three
months of imprisonment.
61.
Conditions in respect of contract labour.- The license issued under sub section of section 47
shall be subject to the following conditions, namely:-
(i) The license shall be non-transferable;
(ii) except as provided in these rules, the fees paid for the grant, or as the case may be, for
renewal of the license shall be non-refundable;
(iii) the rates of wages payable to the workers by the contractor shall as per the Code on Wages,
2019 (Central Act No. 29 of 2019) and rules made there under;
(iv) in case where the worker employed by the contractor performs the same or similar kind of
works as the worker directly employed by the Principal employer of the establishment, the
wage rates, holidays, hours of work and other conditions of service of the workers of the
contractor shall be the same as applicable to the workers directly employed by the Principal
employer of the establishment on the same or similar kind of work;
(v) the license shall notify any change in the number of workers or the conditions of work to
the designated authority;
(vi) a copy of the license shall be displayed prominently at the premises where the contract
work is being carried on; and
(vii)
the contractor shall be liable to comply with the relevant provisions of the Code
62. Issue of license for contractor.- (1) Application for issuing license shall be made in Form-26 to
the designated authority on Portal.
(2) Every application referred to in sub-rule (1) shall also be accompanied by the security and fees at
the rates specified in the Schedule given below:-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 44
Table 1
Central Fee
(a) No license is required up to 49 contract labour : Nil
(b) 50 and above but not exceeding 100 contract labour : ₹. 1000
(c) 101 and above but not exceeding 300 contract labour : ₹. 2000
(d) 301 and above but not exceeding 500 contract labour : ₹. 3000
(e) 501 and above but not exceeding 1000 contract labour : ₹. 5000
(f) 1001 and above but not exceeding 5000 contract labour : ₹. 10000
(g) 5001 and above but not exceeding 10000 contract labour : ₹. 20000
(h) 10001 and above but not exceeding 20000 contract labour : ₹. 30000
(i) exceeding 20001 contract labour : ₹. 40000
Security Deposit: ₹. 1000 per worker
(3) The contractor shall make the payments specified under sub-rule (2) through the portal or furnish
a bank guarantee, and upon such payment or furnishing of the bank guarantee, the licensing authority
shall issue the contractor's licence in Form-27 within a period of three days.
(4)
After receiving application on portal, the designated authority shall issue license in Form-27
within a period of forty-five days specifying the conditions laid down in rule 61.
(5)
If the designated authority fails to grant license to a contractor under the application complete
in all respect so made or to entertain the application within the period of thirty days, then such license
shall deemed to have been granted on the expiration of thirty days.
(6)
The fees and security deposit, as the case may be, submitted prior to the applicability of these
rules will be adjusted while issuing the license under this code.
63. Renewal of license for contractor.- (1) Every contractor to whom a license is issued under rule
62 shall make an application for renewal to the designated authority on portal in the Form-26 thirty days
before the expiry of license.
(2)
The designated authority shall renew the license in Form-27 within thirty days from the date of
receipt of application.
(3)
If the designated authority fails to renew license to a contractor under the application complete
in all respect so made or to entertain the application within the period of thirty days, then such license
shall deemed to have been renewed on the expiration of thirty days.
(4)
Automatic Renewal of License.- (i) A license shall be renewed for one year digitally through
automatic mode if there is no change in particulars of license from the previous granted or renewed
license and other conditions required by Government.
(ii)
For the purposes of clause (i) of sub-rule (4), every application for the renewal of license shall
be made in Form-27 together with the fees for a period of one year, and shall be submitted on the portal
not less than thirty days before the date on which the license is to expire.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 45
(iii)
The fees for renewal of license for one year shall be as specified in the Schedule given under
Schedule under rule 62:
(iv)
The license generated under this rule shall have the same sanctity as renewed under sub-rule (2).
64.
Amendment of license for contractor.- (1) Every contractor to whom license is issued under
rule 62 or 63 shall make an application for any amendment to the designated authority on portal in the
Form-28 before any change or within three days from such change.
(2)
The fee for the amendment of a license shall be rupees five hundred rupees plus the amount of
difference of security and fee required as per the schedule under 62.
(3)
After receiving application on portal, the designated authority shall amend and issue the license
to contractor in Form-27 within a period of three days.
65.
Late fee for license. - If the application for renewal or amendment is not received within the
time specified in sub-rule (1) of rules 63 and 64, a fee of twenty five per cent in excess of the fee
ordinarily payable for the license shall be payable on Portal.
66.
Responsibility of contractor.- (1) A contractor shall be responsible for payment of wages to
each worker employed by him as contract labour and such wages shall be paid before the expiry of such
period as prescribed under rules made by the Administration of Dadra & Nagar Haveli and Daman and
Diu under the Code on Wages, 2019 (Central Act No. 29 of 2019).
(2)
Every principal employer shall ensure that the timely and proper disbursement of wages to all
the contract workers.
(3)
It shall be the duty of the contractor to ensure the disbursement of wages and proof of the same
shall be sent to the principal employer for compliance of sub rule-2.
(4)
In case the contractor fails to make payment of wages within the period specified in the Code
on Wages, 2019 or makes short payment, then the Principal employer shall be liable to make payment
of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the
contractor and recover the amount so paid from the contractor either by deduction from any amount
payable to the contractor under any contract or as a debt payable by the contractor.
(5)
It shall be the duty of the contractor to look after the welfare of the worker.
(6)
It shall be the duty of the contractor to comply with the provisions of the Code.
67. Register of contractors.- A register of contractors shall be maintained by the designated authority
in Form-29 to whom license is issued under rules 62, 63 and 64.
68. Intimation of work.- Every contractor, fifteen days before the commencement of work, shall
inform electronically in Form-30 to the Chief Inspector-cum-Facilitator, the Designated Authority and
the Inspector-cum-Facilitator of the area under which establishment is situated from which contractor
got work-order. On receipt of the intimation in Form 30, the Designated Authority shall issue a receipt
of the same in Form 30A.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 46
69.
Manner of suspending or cancelling the License of contractor.-Whenever it comes to the
knowledge of the designated authority that any contractor has not given intimation as required under
sub-section (1) of section 50, it may start the proceeding to cancel or suspend the license within two
days of such knowledge and the following procedure shall be followed for suspension or cancellation
of license, namely:-
(a) the designated authority shall issue a show cause notice to the contractor, electronically or
otherwise, to explain his conduct;
(b) the contractor shall reply to the notice given under clause (a) within twenty four hours from the
time of receipt of such notice; and
(c) The designated authority shall examine such reply within the next thirty-six hours from the time
of receipt of such reply and shall pass speaking orders.
70.
Refund of security. - (1) On expiry of the period of license the contractor may, if he does not
intend to have his license renewed, make an application to the designated authority for the refund of the
security deposited by him under rule 62.
(2)
The designated authority shall, if it is satisfied that there is no breach of the conditions of
lice11ce or there is no order under sub-section (4) of section 55, refund the security made to the
contractor within thirty days from receipt of application under sub-rule (1).
(3)
If there is any order of making payments under sub-section (4) of section 55, the amount to be
paid shall be deducted from the security deposit, and balance, if any, refunded to the contractor.
(4)
Record of security shall be maintained in Form-31.
71.
Period of wages for contract labour.- It shall be the duty of every contractor to pay the wages
to the contract labour as per the provisions of the Code on Wages, 2019 and rules made there, under by
the appropriate Government.
72.
Mode of payment of wages to contract labour.- (1) The mode of payment of wages shall be
made as per section 55 of the Code only. Provided where it is not practicable to disburse the wages in
the mode specified in section-55 of the code then contractor may opt for cash or any other mode subject
to the following conditions, namely:-
(i) Option from the-contract worker to get the wages in cash or any other mode is obtained by the
contractor;
(ii) establishment where contract labour is employed is at a distance of not less than one kilometer
from nearest bank;
(iii) there is no automated teller machine within the radius of one kilometer of the establishment;
(iv) there is network hassle in the area;
(v) When more than thirty three percent of total contract labour is not familiar with banking
transactions;
(vi) The principal employer as well the contractor shall inform the concerned Inspector-cum-
Facilitator opting for a mode, other than the mode (s) specified in sub-section (2) of section 55.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 47
(2) The contractor shall prepare details of payment made through any other mode and send a copy of
the same to the principal employer and the concerned Inspector-cum-Facilitator.
73.
Manner of payment of wages from security deposit.- Subject to the provisions of the section
55 of the code, in case the contractor does not pay the wages to the contract labour employed by him,
(i) the Inspector-cum-Facilitator shall prepare the details of payment to be made and send the
same to the designated authority to release the payments from the security deposited by the
respective contractor;
(ii) the designated authority shall transfer the amount to the lnspector-cum-Facilitator;
(iii) the Inspector-cum-Facilitator shall disburse the amount among contract labour and furnish
details to the designated authority;
(iv) the balance amount after deduction the designated authority shall make entries in register
to be maintained in Form- 31.
74.
Experience certificate to contract labour.- The contractor shall issue an experience certificate
to each person employed by adhering to the following key points, namely:-
(i) must be on letter head of contractor;
(ii) date of issue of certificate;
(iii) salutation or declaration "TO WHOM SOEVER IT MAY CONCERN";
(iv) name of employee as per record;
(v) period of employment (from the date of joining to date of relieving);
(vi) designation or position;
(vii)
remarks; and
(viii)
seal and signature of contractor.
75.
Form and manner of making application.- (1) The aggrieved party shall make an application
in the Form-32 to the Union Territory Administration of Dadra & Nagar Haveli and Daman and Diu.
(2)
The Union Territory Administration of Dadra & Nagar Haveli and Daman and Diu shall refer
the matter, within seven days, to the designated authority.
(3)
The designated authority shall examine the matter within fifteen days from the date of receipt.
(4)
The designated authority shall submit report, within next two days, to the Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu.
(5)
The Union Territory Administration of Dadra & Nagar Haveli and Daman and Diu shall pass
an order within seven days from the date of receipt of report.
PART-II
INTER-STATE MIGRANT WORKERS
76.
Journey allowance.- (1) The employer shall pay to every inter-State migrant worker employed
in his establishment, in a year a lump sum amount of fare for to and for journey to his native place from
the place of his employment based on the following conditions, namely: -
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 48
(i) the minimum service of the worker entitled for journey allowance shall be one hundred and
eighty days;
(ii) the journey allowance shall be provided for minimum second class fare by train or bus; and
(iii) The employer shall pay a lump sum amount of one hundred rupees per family member per day
for the period of travel of the worker (if family is staying with him at the location of his
workplace) for food during the journey.
(2)
the employer shall maintain a register of journey allowance in Form-33 electronically or
otherwise.
77.
Toll free help line number.- (1) The Chief Inspector-cum-Facilitator shall establish a toll free
number for inter-State migrants.
(2)
A record of calls on toll free number shall be maintained in the format as may be specified by
Chief Inspector-cum-Facilitator.
78.
Manner of providing for study of inter-State migrant workers.- The study of Inter-State
Migrant workers may be conducted by any reputed institution through its research scholars with or
without the funding from Union Territory Administration of Dadra & Nagar Haveli and Daman and
Diu.
PART-III
AUDIO-VISUAL WORKERS
79.
Format of agreement.- The agreement to be entered into between the producer and the
employee of audio-visual programme as envisaged in clause (a) of sub-section
(2) of section 66 shall be in Form-34.
80.
Submission of agreement.- The copy of agreement shall be forwarded by the producer of the
audio-visual programme to the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator
concerned.
81.
Dispute resolution Mechanism.- (1) Government shall notify a body to resolve the dispute,
arisen out of agreement between the parties, consisting of officers from labour department, EPFO,
Social Activist and an eminent advocate. One of member will be nominated as chairman of the body.
(2)
District level body on receiving matter shall start conciliation within 3 days.
(3)
District level body for resolving the dispute may hold a meeting of the representatives of both
parties jointly or of each party separately in the office of chairman.
(4)
District level body shall conduct proceeding expeditiously and decide within 45 days from date
of start of conciliation.
(5)
The proceeding of dispute resolution shall be maintained by person nominated as chairman.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 49
(6)
The procedure for reference of dispute shall be in conformity with the Industrial Relations Code
2020 and rules framed thereunder.
PART-IV
BEEDI AND CIGAR WORKERS
82
License to use place or industrial premises for beedi and cigar work.- (1) Any person who
intends or allows to use any place or premise for beedi or cigar work shall submit an application in
Form-51 on portal for the grant of license along with fee specified in Schedule-II under rule 149.
(2)
A license in Form-52 shall be granted by the authority designated under section 119.
(3)
The license under this rule shall be issued within thirty days from the date of application on
portal complete in all respects.
(4)
If the designated authority fails to grant license to a factory under the application complete in
all respects so made or to entertain the application within the period of thirty days, then such license
shall deemed to have been granted on the expiration of thirty days.
(5)
The responsibility under this rule shall entirely lie with the occupier of the any place or premise
for beedi or cigar work.
83.
Plan of place or industrial premises for beedi and cigar work. - The plan of place or
industrial premises to be used for beedi and cigar work shall be as per the provisions of Rule 86 to 94
of these rules.
84.
Renewal of license for beedi and cigar work.- (1) A license granted under rule 82 shall be
renewed by the authority designated under section 119.
(2)
Every application for renewal of the license shall be made on portal in Form- 51, along with
fees specified in sub-rule (3), for a period of one year or any further period up to five years, as the case
may be, and shall be submitted in accordance with sub-section (6) of section 74.
(3)
The fees for renewal of license for one year shall be the same as for the grant thereof. In case
an application for renewal has been made for a period of one year or any number of years up to five
years, the renewal fees shall be number of years multiplied by the fees payable for renewal of license
for one year, as specified in Schedule II under rule-149:
Provided that if the application for renewal, compete in all respects, is not received within the time
specified in sub-rule (2), the license shall be renewed only on payment of a additional fee of twenty-
five percent of the fees ordinarily payable for the renewal of a license for one year, for which the
application has been received late.
(4)
Automatic Renewal of License.- (i) A license shall be renewed for one year digitally through
automatic mode if there is no change in particulars of license from the previous granted or renewed
license and other conditions required by Government.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 50
(i)
For the purposes of clause (i) of sub-rule (4), every application for the renewal of license shall
be made in Form-51 together with the fees for a period of one year, provided that such application is
submitted on the portal not less than thirty days before the date on which the license is to expire.
(ii)
The fees for renewal of license for one year shall be as specified in the Schedule given under
Schedule-II under rule-149
(iii)
The license generated under this rule shall have the same sanctity as renewed under sub-rule
(3)"
85.
Timeline for renewal or refusal to renew license.- (1) The authority designated under section
119 shall renew or refuse to renew the license within thirty days from the date of receipt of application
for renewal.
(2)
If the designated authority fails to grant license to a any place or premise for beedi or cigar
work under the application complete in all respect so made or to entertain the application within the
period of thirty days, then such license shall deemed to have been renewed on the expiration of thirty
days.
PART-V
FACTORIES
86. Submission of plans of factory. - (1) The Administration of Dadra & Nagar Haveli and Daman
and Diu or the Chief Inspector-cum-Facilitator may require for the purposes of the Code, submission
of plans of building/structure/premises to be taken in use as a factory which was either in existence on
the date of commencement of the Code or which had been constructed or extended since then.
(2)
No building shall be constructed or shall be taken into use as a factory unless plans in respect
of such building are approved by the Chief Inspector- cum-Facilitator.
(3) No additions or alterations or extensions in the existing factory shall be made, except those
specified in the Schedule given below and unless such additions, alterations or extensions are approved
by the Chief Inspector-cum-Facilitator.
SCHEDULE
Serial
No.
Type of additions or alterations or extensions
1
Boundary Wall upto height of 4 Feet
2
Rooms/Cabins to be used for clerical/managerial/Pantry purposes.
3
Security picket/ Guard Rooms
4
Sheds for Vehicle Parking
5
Canopies for Generator Sheds
6
Balcony/Chajjas
7
Changes in Outer Gates.
8
Rooms to be used for Residential Purposes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 51
9
Electricity Meter rooms
10
Toilets/Urinals
11
Demolition of any part of factory building
12
Additional staircases or ramps
13
Addition or re-orientation of machinery which does not result in any change in
manufacturing process or end product or by product or
breathing space of the work room
14
Stores where non-combustible or non-flammable or non-toxic materials to be
stored.
(4)
Application for approval of the plans shall be made in Form-35 to the Chief Inspector-cum-
Facilitator on portal along with the following documents/forms, namely:
(a) letter of allotment from the concerned agency which has developed the industrial area or focal
point or industrial park, if the factory is situated in the industrial area or focal point or industrial
park;
(b) letter regarding classification of land from the department of Town Planning, Union Territory
Administration of Dadra & Nagar Haveli and Daman and Diu, if the site does not fall in the
industrial area or focal point or industrial park;
(c) particulars of rooms in Form-36;
(d) details of manufacturing process showing raw materials or by-products or end product along
with the quantity or capacity;
(e) list of chemicals to be used or stored or produced along with quantity;
(f) details of cess paid; and
(g) such other document as the Chief Inspector-cum-Facilitator may require.
(4A)
Every person applying under this rule shall appoint a person declared as competent person
under the Code for drawing of building plans or structural drawings and for issuing the stability
certificate of the building.
(5)
The applicant and the competent person shall sign the application, plans, structural drawings,
specifications and the certificates as required in the relevant forms and documents, before making
submission.
(6)
All dimensions in the plan shall be indicated in metric units.
(7)
Colorings of plans shall be as under: -
Serial No.
Item
Site and Building Plan (on
white background)
I
Plot line
Thick Black
II
Building lines
Thin Black
III
Open space
No colour
IV
Construction to be approved
Blue filled in
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 52
V
Work proposed to be demolished
Yellow filled in
VI
Proposed construction
Brown filled in
VII
Drainage & sewerage work
Red dotted
VIII
Water supply
Green dotted
IX
Already approved construction
Orange filled in
X
Revised/Altered building
Pink filled in
XI
Fire escapes
Orange dotted
XII
Any other
Purple dotted
(8)
The site plan to be sent along with the application shall be drawn to a scale of 1: 100 for plots
upto five hundred square meter in size and on a scale of 1:500 for plots above five hundred square meter
in size. This site plan shall show the following:-
(a) boundaries of the site and any contiguous features;
(b) direction of the north point relative to the site;
(c) streets or roads adjoining the site with their width clearly dimensioned and names, if any;
(d) area calculations, such as ground coverage, floor area ratio, parking calculations, any other
relevant calculations, as required;
(e) disposal of waste water, sewerage and storm water or storage of hazardous waste;
(f) details of buildings or drains or structures or physical features falling within five hundred
meters of factory;
(g) prominent urban service points above or underground (like sewer or water pipes, gas pipeline,
transformers, electric poles or lines, phone distribution boxes, etc.) within five hundred metres
area; and
(h) such other particulars, as may be required by the Chief Inspector-cum-Facilitator.
(9)
The application shall consist of building plans, sections and elevations shall be drawn to the
scale 1: 100 and shall include,
(a) floor plans of all the floors together with covered area clearly indicating the size and
spacing of all framing members, sizes of rooms, staircases, ramps, lift wells, means of
lighting, ventilation, fire-escapes, position and
size of plant or machinery or equipment, drinking water points, details of urinals or latrines, roof
materials, washing facilities or drenching facilities, space for storing or drying of clothes, creche, rest-
rooms, mess-rooms, canteens, ambulance room or occupational health centre;
(b) one section from front showing the height of the building or room;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 53
(c) one section through the staircase;
(d) the schedule indicating the size of the doors, windows, openings and other methods of
ventilation of each room or area;
(e) provision for differently-abled person, photovoltaic solar power plant, rain water harvesting
system wherever required.
(f) The plans of building or structure to be used as factory shall not be approved unless such
plans meet the occupational safety and health standards declared by Central Government
under section 18 and 23 of the Code and such plans should also meet the welfare facilities
prescribed by Central Government under section 24 of the Code or any other standards as
may be prescribed by the Central Government or Union Territory Administration of Dadra
& Nagar Haveli and Daman and Diu from time to time.
87.
Approval of plans of factory. - (1) On receiving an application on portal, if the Inspector-cum-
Facilitator is satisfied that the plans, forms and documents are in accordance with the requirements of
the Code and the rules made there under, he may forward the application to the Chief Inspector-cum-
Facilitator for acceptance or may raise the observations and thereafter, forward the same to the Chief
Inspector-cum-Facilitator for consideration and further action. The Chief Inspector-cum-Facilitator
after examining the plans, forms and documents shall, if such are in accordance with the requirements
of the code and the rules made thereunder, shall either approve the plans or shall return the application
to the applicant with observations in writing on portal or agreeing with the report of the Inspector-Cum-
Facilitator, return the application to the applicant on portal for resolving the observations raised within
thirty days:
Provided that observations, by the authorities under the code, on application have to be raised once only
to the extent possible and any further observations may only be raised in case new facts or new
documents are submitted along with the resolution of the earlier observations.
(2)
The application is liable to be rejected in case the application is resubmitted twice without
resolving the observations raised or if the application not resubmitted within sixty days from the date
of observations raised.
Provided that plans shall not be deemed to have been submitted under this rule till such time, as they
are resubmitted duly modified and corrected.
(3)
The plans shall either be approved or rejected within 45 days from the date of receipt of
application, if authorities under the code fail to act within the period of forty-five days, then the plans
shall be deemed to be approved after expiration of forty-five days.
88.
Stability Certificate.- (1) No manufacturing process shall be carried on in any building or part
thereof (whether newly constructed, re-constructed, altered, repaired or extended) as a factory or
increase in machinery or change in process in any existing factory until a Certificate of Stability in
Form-37 in respect thereof, has been accepted by the Chief Inspector-cum-Facilitator.
(2)
The Certificate of Stability shall be signed by the competent person and the occupier jointly,
along with the tests and analysis reports relating to stability.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 54
(3)
The occupier shall submit the Certificate of Stability to the Inspector-cum-Facilitator on portal.
(4)
On receiving the application on portal, if the Inspector- Cum-Facilitator, is satisfied that the
Certificate of Stability and attached documents are in accordance with the rules, he may forward the
application to the Chief Inspector-cum-Facilitator for acceptance or may raise the observations and
thereafter, forward the same to the Chief Inspector-cum- Facilitator for consideration and further action.
The Chief Inspector-cum- Facilitator after examining the report of Chief Inspector-cum-Facilitator
shall, either accepts the certificate of stability or may raise observations and application shall be return
to applicant or agreeing with the report of the Inspector-cum-Facilitator shall return the application to
the applicant for resolving the observations raised.
Provided that observations, by the authorities under the code, on application have to be raised once only
to the extent possible and any further observations may only be raised in case new facts or new
documents are submitted along with the resolution of the earlier observations.
(5)
The application is liable to be rejected in case the application is resubmitted twice without
resolving the observations raised or if the application not resubmitted within sixty days from the date
of observations raised.
(6)
The Stability Certificate accepted under this rule shall be valid for five years from the date of
acceptance.
(7)
Stability certificate duly signed by the Head of the Civil or Structural Engineering Department
and Head of the Institutions mentioned in sub-rule (11) of Rule 4, if submitted within fifteen days from
date of signature, shall be deemed to be accepted by Chief Inspector-cum-Facilitator.
89.
Pre-approved plans.- Plans which have already been approved by the Chief Inspector of
Factories under the Factories Act, 1948 before the coming into force of these rules, shall be deemed to
have been approved under these rules.
90.
Validity period of approval.- Every approval for the proposed building plan shall become null
and void, if no construction is started within one year from the date of such approval.
91.
Revocation of approval. - The approval granted under these rules may be revoked by the Chief
Inspector-cum-Facilitator, if it is found that such approval has been obtained by the occupier or manager
by misrepresentation of material facts or fraudulent document have been submitted along with the
application or otherwise or the majority of construction is not being done in accordance with the
approval granted.
92.
Maintenance of register for building plans.- The chief Inspector- cum-Facilitator shall
maintain an online E-register in Form 38 for all building plan applications received, permissions given
or deemed to have been given or refused or returned under these rules.
93.
Specifications of rooms.- (1) The internal height of a work room shall be not less than 3.50
meters measured from the floor level to the lowest part of the roof and if the roof is of corrugated iron
which is neither covered with tiles nor has an inner ceiling or lining of heat-resisting material with an
air space of at least 10 centimetres between it and the corrugated iron, the internal height shall be not
less than 4 meters:
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 55
Provided that in the case of building having a brick or concrete roof, or a combination of the two, the
minimum height upto 3.75 meters may be approved by the Chief Inspector-cum-Facilitator subject to
the working conditions of room of factory.
Provided further that in case of factories employing less than one hundred workers Chief Inspector cum
facilitator may exempt such factories from the provisions of this sub-rule subject to condition that the
competent person has furnished an undertaking that he is satisfied with the working conditions of
factory and are reasonably good.
Provided also that the provisions of this sub rule shall not apply to rooms intended for storage, godowns
and like purposes and also rooms intended solely for office purposes where only clerical work is done.
(2)
There shall be provided at all times for each person employed in any room of a factory where
mechanical or electrical power is used, at least 36 square feet (3.35 square meter) of floor space
exclusive of that occupied by machinery and a breathing space of at least 500 cubic feet (14 cubic
meter).
(3)
The rooms of the factory shall meet the occupational safety and health standards notified by
Central Government under section 18 and 23 of the Code and such plans should also meet the welfare
facilities prescribed by Central Government under section 24 of the Code or any other standards as may
be prescribed by the Central Government or Administration of Dadra & Nagar Haveli and Daman and
Diu from time to time.
94.
Processing fee for building plans.- (1) Processing fee, in respect of building plans, at the rate
Rupees one per square feet shall be paid along with application by the occupier.
(a) If the factory is on ground floor on total plot area and
(b) If factory is having floors on total covered area or total plot area whichever is more.
(2)
Processing fee to be paid under sub-rule (1) shall be paid on portal in such manner as may be
specified and shall be credited to the "HEAD" as may be specified by Union Territory Administration
of Dadra & Nagar Haveli and Daman and Diu from time to time.
95.
Prohibition of running a factory without a valid license.- (1) No occupier shall use any
premises as a factory or carry on any manufacturing process in a factory, unless a license has been
issued in respect of such premises and is in force for the time being.
(2) It shall be the responsibility of the occupier of the factory to get a valid license.
96.
Grant of license for factory. - (1) The occupier of every factory shall submit an application in
Form-51 on portal for the grant of license.
(2)
A license for a factory shall be granted in Form-52 by the designated authority on payment of
fees specified in Schedule-I under rule 149.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 56
Provided that if there is factory whose employer has paid fee for registration of establishment under
rule-6, then the respective employer has to only pay for differential amount of fee under rule-6 and fee
specified in Schedule-I under rule 149 for grant of license.
(3)
The license under this rule shall be issued within thirty days from the date of application on
portal complete in all respect.
(4)
If the designated authority fails to grant license to a factory under the application complete in
all respect so made or to entertain the application within the period of thirty days, then such license
shall deemed to have been granted on the expiration of thirty days.
(5)
The responsibility under this rule shall entirely lie with the occupier of the factory.
97.
Amendment of factory license.- (1) A license granted under sub-rule (2) of rule 96 may be
amended by the designated authority in Form-52.
(2)
A licensee shall get the license amended if;
(i) name of the factory is to be changed;
(ii) number of workers as specified in the license are to be changed;
(iii) motive power specified in Kilowatts in the license is to be changed; or
(iv) manufacturing process is to be changed.
(3)
A licensee who desires to have his license amended, shall submit an application on portal in
Form-51 stating the nature of the amendment three days before such change or within three days from
such change if the circumstances were such that the licensee could not make application for amendment.
(4)
The fee for the amendment of a license shall be five hundred rupees plus the amount of
difference of fee required as per Schedule-I under rule-149.
(5)
If the designated authority fails to amend the license within fifteen days, then such license shall
be deemed to have been amended.
98.
Renewal of factory license.- (1) A license shall be renewed by the designated authority in
Form-52.
(2)
Every application for renewal of the license shall be made on portal in Form-51 together with
fees for a period of one year or any further period up to ten years and shall be submitted not less than
thirty days before the date on which the license expires.
(3)
The fees for renewal of license for one year shall be the same as for the grant thereof. In case
an application for renewal has been made for a period of one year or any number of years up to ten
years, the renewal fees shall be the number of years multiplied by the fees payable for renewal of license
for one year, as specified in the Schedule-I under rule 149.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 57
(4)
If the designated authority fails to grant license to a factory under the application complete in
all respect so made or to entertain the application within the period of thirty days, then such license
shall deemed to have been renewed on the expiration of thirty days.
(5)
Automatic Renewal of License.- (i) A license shall be renewed for one year digitally through
automatic mode if there is no change in particulars of license from the previous granted or renewed
license and other conditions required by Government.
(ii) For the purposes of clause (i) of sub-rule (5), every application for the renewal of license shall
be made in Form-51 together with the fees for a period of one year, provided that such
application is submitted on the portal not less than thirty days before the date on which the
license is to expire.
(iii) The fees for renewal of license for one year shall be as specified in the Schedule given under
Schedule-I under rule-149
(iiii)
The license generated under this rule shall have the same sanctity as renewed under
sub-rule (3)
99.
Transfer of factory license.- (1) The holder of a license may, at any time before the expiry of
the license, apply for permission to transfer his license to another person.
(2)
Such application shall be made on portal in Form-51. The designated authority shall transfer
the license after duly satisfying himself.
(3)
A fee of rupees five hundred shall be charged for such transfer.
(4)
If the designated authority fails to transfer the license within seven days, then such license shall
be deemed to have been transferred.
100.
Procedure on death or disability of factory licensee.- (1) If a licensee dies or becomes
insolvent, the person carrying on the business of such licensee shall make an application for the
amendment of the license under in his own name for the unexpired portion of the original license.
(2)
No fee shall be charged for such change if application is made within thirty days from date of
death or insolvency.
101.
Late fee in relation to factory license.- If the application for renewal or amendments as the
case may be, is not received within the time specified in sub-rule of rule 97 or sub-rule (2) of rule 98 or
sub-rule (2) of rule 100, then an additional fee of twenty five percent of the fee ordinarily payable for
the license shall be payable for such renewal or amendment.
Provided that if application for renewal or amendment is not received within ninety days from the due
for renewal or amendment of license as case may be an additional fee @ 1% of the fee ordinarily payable
for every thirty days shall be charged which shall be in addition to fee to be paid as provided in Rule
101.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 58
102.
Payment of fees in relation to factory license.- The fees required under rules 96, 97, 98, 99
and 100 shall be paid on portal. Such fee shall be credited to the treasury in the head as may be specified
by the Administration of Dadra & Nagar Haveli and Daman and Diu from time to time.
103.
Suspension of factory license.- The Chief Inspector-cum-Facilitator or the designated
authority with the approval of the Chief Inspector-cum-Facilitator, may after giving the licensee
concerned, reasonable opportunity to show cause against the proposed action, suspend any license, if
he is satisfied that the license was obtained by the licensee through fraud or by misrepresentation of
facts or any other reason to be specified, and on such suspension of license, the licensee shall not be
entitled to the refund of the license fee.
104.
Liability of owner.- The Chief Inspector-cum-Facilitator may through an order specify the
liability of the owner and occupier jointly or separately on receiving the application from the occupier
and owner of the factory: Provided that in case the occupier or owner does not apply for the same, both
occupier and owner shall be liable for the common services and facilities.
105.
Dangerous operations.- (1) The following operations when carried on in any factory are
declared to be dangerous operations:-
(i) manufacture of aerated water and processes incidental thereto;
(ii) electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids, bases
or salts of metals such as chromium, nickel, cadmium, zinc, copper, silver or gold;
(iii) manufacture and repair of electric accumulators;
(iv) glass manufacture;
(v) grinding or glazing of metals;
(vi) manufacture and treatment of lead and certain compounds of lead;
(vii)
generation of gas from dangerous petroleum;
(viii)
cleaning, smoothening or roughening etc. of articles by a jet of sand, metal shot, grit or
other abrasive propelled by a blast of compressed air of steam;
(ix) liming and tanning of raw hides and skins and processes incidental thereto;
(x) carrying on of certain processes of lead and lead material in Printing Presses and Type
Foundries;
(xi) chemical works;
(xii)
manufacture of pottery and ceramics;
(xiii)
compression of Oxygen and Hydrogen produced by the electrolysis of water;
(xiv)
manipulation of stone or any other material containing free silica;
(xv)
handling and processing of asbestos, manufacture of any article of asbestos and any
other process of manufacture or otherwise in which asbestos is used in any form;
(xvi)
handling and manipulation of corrosive substances;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 59
(xvii)
use of ovens and driers in factories;
(xviii)
manufacture or Manipulation of Carcinogenic intermediates;
(xix)
process extracting vegetable oils from oil cakes in solvent extraction plants;
(xx)
manufacture or manipulation of manganese and its compounds;
(xxi)
protection against hazards of poisoning arising from benzene;
(xxii)
carbon disulphide plants;
(xxiii)
operations involving high noise levels;
(xxiv)
manufacture or manipulation of dangerous pesticides;
(xxv)
manufacture of rayon by viscose;
(xxvi)
highly flammable liquids and flammable compressed gases;
(xxvii)
operation in foundries;
(xxviii)
textile machinery except used in jute mills;
(xxix)
process of melting in induction furnace;
(xxx)
wood working machinery;
(xxxi)
rubber mills;
(xxxii)
centrifugal machines;
(xxxiii)
power presses;
(xxxiv)
shears, slitters and guillotine machines;
(xxxv)
thermic fluid heaters;
(xxxvi)
manufacture of chromic acid or manufacture or recovery of the bichromate of sodium,
potassium or ammonium; and
(xxxvii)
welding/cutting operation with the use of LPG/Acetylene/Argon.
(2)
The provisions specified in the Schedules annexed hereto shall apply to such class or
description of factories wherein dangerous operations specified in each Schedule are carried out.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 60
(3)
(a) For the medical examination of workers to be conducted by the medical officer as required
by the Schedules annexed hereto, the occupier of the factory shall pay fee at the rate of one hundred
rupees per examination of each worker;
(b)
the fee specified in clause (a) shall be exclusive of any charges for biological, radiological or
other tests which may have to be carried out in connection with the medical examination. Such charges
shall be payable by the occupier; and
(c)
the fees to be paid for medical examination shall be paid online through portal which shall be
credited to the treasury in the head of account as may be specified by the Union Territory Administration
of Dadra and Nagar Haveli and Daman and Diu from time to time.
(4)
Wherever a periodical medical examination has been prescribed under the different Schedules,
the occupier shall send a return in Form-39, to the Chief Inspector-cum-Facilitator, so as to reach him
on or before the 5th day of every month in respect of medical examination of the workers conducted
during the preceding month.
(5)
Notwithstanding anything contained in the Schedules annexed to this rule, the Inspector-cum-
Facilitator may issue order in writing to the occupier, directing him to carry such measures, and within
such time, as may be specified in such order with a view to remove conditions dangerous to the health
of the worker or to suspend any process, where such process constitutes in the opinion of the Inspector-
cum-Facilitator imminent danger of poisoning or toxicity.
(6)
Any register or record of medical examinations and tests connected therewith required to be
carried out, under any of the Schedule annexed hereto, in respect of any worker, shall be kept readily
available to the Inspector-cum-Facilitator and shall be preserved till the expiry of a period of one year
after the worker ceases to be in employment of the factory.
(7)
For the purpose of this rule "Medical Officer" means a qualified medical practitioner having
qualification as prescribed under rule 57 and recognised by the Chief Inspector-cum-Facilitator.
SCHEDULE I
MANUFACTURE OF AERATED WATERS AND PROCESSES INCIDENTAL THERETO
1.
Fencing of machines. - All machines for filling bottles or syphons shall be so constructed,
placed or fenced, as to prevent, as far as may be practicable, a fragment of a bursting bottle or syphon
form striking any person employed in the factory.
2.
Face guards and gauntlets. -
(1)
The occupier shall provide and maintain in good condition for the use of all persons engaged
in filling bottles or siphons: -
(a) suitable face guards to protect the face, neck and throat; and
(b) suitable gauntlets for both arms to protect the whole hand and arms
Provided that: -
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 61
(i) paragraph 2(1) shall not apply where bottles are filled by means of an automatic machine
so constructed that no fragment of a bursting bottle can escape.
(ii) Where a machine is so constructed that only one arm of the bottler at work up to it is
exposed to danger, a gauntlet need not be provided for the arm which is not exposed to
danger.
(2)
The occupier shall provide and maintain in good condition for the use of all persons engaged
in corking, crowning, screwing, wiring, foiling, capsuling, sighting or labelling bottles or syphons –
(a) suitable face-guards to protect the face, neck and throat; and
(b) suitable gauntlets for both arms to protect the arm and at least half of the palm and the space
between the thumb and forefinger.
3.
Wearing of face guards and gauntlets. - All persons engaged in any of the processes specified
in paragraph 2 of this schedule shall, while at work in such processes, wear the face guards and gauntlets
provided under the provisions of the said paragraph.
SCHEDULE-II
ELECTROLYTIC PLATING OR OXIDATION OF METAL ARTICLES BY USE OF AN
ELECTROLYTE CONTAINING ACIDS, BASES OR SALTS OF METALS SUCH AS
CHROMIUM, NICKEL, CADMIUM, ZINC, COPPER, SILVER, GOLD ETC.
1.
Definitions - For the purposes of this Schedule –
(a) "electrolytic process" means the electrolytic plating or oxidation of metal articles by the
use of an electrolyte containing acids ,bases or salts of metals such as chromium, nickel,
cadmium, zinc, copper, silver, gold, etc.
(b) "bath" means any vessel used for an electrolytic process or for any subsequent process; and
(c) "Employed "means employed in any process involving contact with liquid from a bath.
2.
Exhaust draught
(1) an efficient exhaust draught shall be applied to every vessel in which an electrolytic process is
carried on.
(2) The draught shall be provided by mechanical means and shall operate on the vapour or spray
given off in the process as near as may be at the point of origin.
(3) The exhaust draught appliance shall be so constructed, arranged and maintained as to prevent
the vapour or spray entering into any room or place in which work is carried on.
(4) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination
and test shall be rectified as soon as practicable.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 62
(5) A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
3.
Prohibition relating to pregnant women and adolescent - No pregnant women or adolescent
shall be employed or permitted to work at a bath.
4.
Floor of workrooms - The floor of every workroom containing a bath shall be impervious to
water. The floor shall be maintained in good and level condition and shall be washed down at least once
a day.
5.
Protective devices -
(1) The occupier shall provide and maintain in good and clean condition the following articles of
protective devices for the use of all persons employed on any process at which they are liable
to come in contact with liquid from a bath and such devices shall be worn by the persons
concerned
(i) waterproof aprons and bibs; and
(ii) for persons actually working at a bath, loose fitting rubber gloves and rubber boots or other
waterproof footwear, and chemical goggles.
(2) The occupier shall provide and maintain for the use of all persons employed suitable
accommodation for the storage and drying of protective devices.
6.
Water facilities -
(1) There shall be provided and maintained in good repairs for the use of all persons employed in
electrolytic process and processes incidental to it-
(a) a wash place under cover, with either-
(i) a trough with a smooth impervious surface filled with a waste pipe , and of sufficient
length to allow at least 60cms for every 5 persons employed at any one time, and having
a constant supply of water from taps or jets above the trough at intervals of not more
than 60cms, or
(ii) at least one wash basis for every five such persons employed at any one time, fitted
with a waste pipe and having a constant supply of water laid on.
(b) a sufficient supply of clean towels renewed daily, and soap or other suitable cleaning
material.
(2) In addition to the facility in sub-paragraph 1, an approved type emergency shower with eye
fountain shall be provided and maintained in good working order. Whenever necessary, in order
to ensure continuous water supply, storage tank of 1500 litres capacity shall be provided as a
source of clean water for emergency use.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 63
7.
Cautionary placard - A cautionary placard in the form specified below and printed in the
language of the majority of the workers employed shall be affixed in a prominent place in the factory
where it can be easily and conveniently read by the workers.
CAUTIONARY NOTICE
(Electrolytic Plating)
(i)
Chemicals handled in this plant are corrosive and poisonous.
(ii)
Smoking, chewing tobacco, eating food or drinking, in this area is prohibited. No food stuff or
drink shall be brought in this area.
(iii)
Some of these chemicals may be absorbed through the skin and may cause poisoning.
(iv)
A good wash shall be taken before meals.
(i)
Protective devices supplied shall be used while working in this area.
(vi)
Spillage of the chemicals on any part of the body or on the floor shall be immediately washed
away with water.
(vii)
All workers shall report for the prescribed medical tests regularly to protect their own health.
8.
Medical examination by the Medical officer – (1) Every worker employed in the electrolytic
processes shall be examined by a Medical officer before his first employment Such examination shall
include X-ray of the chest and –
(a)
in case of chromium plating include examination for nasal septum perforation and test for
chromium in urine
(b)
in case of nickel platting, test for nickel in urine; and
(c)
in case of cadmium plating, test for cadmium in urine and -2 macroglobulin in urine.
(2)
No worker shall be employed in any electrolytic process unless certified fit for such
employment by the Medical officer.
(3)
Every worker employed in the electrolytic processes shall be re-examined by a Medical officer
at least once in every year, except in case of the workers employed in cadmium, chromium and nickel
plating processes for whom this examination shall be carried our once in every six months. Such re-
examination shall, wherever the Medical officer considers appropriate, include tests as specified under
sub-paragraph (1) excluding the X-ray of the chest which shall not be required normally to be carried
out earlier then once in three years.
(4)
The medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be kept in the custody of the occupier
of the factory. The record of each examination carried out under sub-paragraphs (1) and (2) including
the nature and the results of the tests, shall also be entered by the Medical Officer in a health register in
Form-41 electronically or otherwise.
(5)
The certificate of fitness and the health register shall be kept readily available for inspection by
the Inspector-cum-Facilitator.
(6)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the electrolytic processes on the ground that continuance therein would involve danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person declared unfit in such circumstances shall
be provided with alternate placement facility unless he is fully incapacitated in the opinion of the
Medical officer in which case the person affected shall be suitably rehabilitated.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 64
(7)
No person who has been found unfit to work as said in sub-paragraph (6) shall be re-employed
or permitted to work in the said processes unless the Medical officer after further examination, again
certifies him fit for employment in these processes.
SCHEDULE–III
MANUFACTURE AND REPAIR OF ELECTRIC ACCUMULATORS
1.
Savings – This schedule shall not apply to the manufacture or repair of electric accumulators
or parts thereof not containing lead or any compound of lead; or to the repair on the premises, of any
accumulator forming part of a stationary battery.
2.
Definitions – For the purposes of this schedule –
(a)
“Lead process” means the melting of lead or any material containing lead, casting, pasting, lead
burning, or any other work, including trimming, or any other abrading or cutting of pasted plates,
involving the use, movement or manipulation of or contact with, any oxide of lead;
(b)
“manipulation of raw oxide of lead” means any lead process involving any manipulation or
movement of raw oxides of lead other than its conveyance in a receptacle or by means of an implement
from one operation to another;
3.
Prohibition relating to pregnant women and Adolescent – No pregnant women or adolescent
shall be employed or permitted to work in any lead process or in any room in which the manipulation
of raw oxide of lead or pasting is carried on.
4.
Separation of certain processes – Each of the following processes shall be carried on in such a
manner and under such conditions as to secure effectual separation from one another , and from other
processes :-
a.
manipulation of raw oxide of lend;
b.
pasting;
c.
drying of pasted plates;
d.
formation with lead turning (tacking)necessarily carried on in connection therewith ; and
e.
melting down of pasted plates.
5.
Air space – In every room in which a lead process is carried on, there shall be at least 14.2 cubic
meters of air space for each person employed therein, and in computing this air space no height over
3.75 meters shall be taken into account.
6.
Ventilation – Every workroom shall be provided with inlets and outlets of adequate size as to
secure and maintain efficient ventilation in all parts of the room.
7.
Distance between workers in pasting room – In every pasting room the distance between the
centre of the working position of any paster and that of the paster working nearest to him shall not be
less than 1.5 meters.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 65
8.
Floor of workrooms –
(1)
The floor of every room in which lead process is carried on shall be –
(a)
of cement or similar material so as to be smooth and impervious to water;
(b)
maintained in sound condition; and
(c)
kept free from materials, plant, or other obstructions not required for, or produced in, the
process carried on in the room.
(2)
In all such rooms other than grid casting shops the floor shall be cleansed daily after being
thoroughly sprayed with water at a time when no other work is being carried on in the room.
(3)
In grid casting shops the floor shall be cleansed daily.
(4)
Without prejudice to the requirements of sub-paragraphs (1), (2) and (3), where manipulation
of raw oxide of lead or pasting is carried on, the floor shall also be –
(a)
kept constantly moist while work is being done;
(b)
provided with suitable and adequate arrangements for drainage; and
(c)
Thoroughly washed daily by means of hose pipe.
9.
Work-benches – The work-benches at which any lead process is carried on shall –
(i)
have a smooth surface and be maintained in sound condition;
(ii)
be kept free from all materials or plant not required for, or produced in the process carried out
there at, and all such work-benches other than those in grid casting shops shall be;
(a)
cleaned daily either after being thoroughly damped or by means of suction cleaning apparatus
at the time when no other work being carried on there at and
(b)
all such work-benches in grid casting shops shall be cleaned daily;
(iii) every work-bench used for pasting shall-
(a)
be covered throughout with sheet lead and other impervious material;
(b)
be provided with raised edges;
(c)
be kept constantly moist while pasting being carried on
10.
Exhaust draught- (1) 1) The following provisions shall not be carried on without the use of an
efficient exhaust draught:-
(a)
Melting of lead or material containing lead.
(b)
Manipulation of raw oxide of lead unless done in an enclosed apparatus so as to prevent the
escape of dust into work-room.
(c)
Pasting
(d)
Trimming, brushing, filing or any other abrading or cutting or pasted plates giving rise to dust.
(e)
Lead burning other than-
(i)
“tacking” in the formation room
(ii)
Chemical burning for making of lead linings for cell cases carried on in such a manner that the
application of efficient exhaust is impracticable. Such exhaust draught shall be affected by mechanical
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 66
means and shall operate on the dust or fume given off as nearly as may be at the point of reason so as
to prevent it entering the air of any room in which persons works.
2.
(a) All equipment for the extraction or suppression of dust shall at least once in every six
months be examined and tested by competent person, and any defect disclosed by such examination
and test shall be rectified as soon as practicable.
(b) A register containing particulars of such examination and tests shall be kept in Form-42.
11.
Fumes and gasses from melting pots – The products of combustion produced in the heating of
any melting pot shall not be allow to escape into a room in which persons work .
12.
Containers for dross – A suitable receptacle with tightly fitting cover shall be provided and used
for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the
work room accept when dross is being deposited therein.
13.
Container for lead waste – A suitable receptacle shall be provided in every workroom in which
old plates and waste material which may give rise to shall be deposited.
14.
Racks and shelves drying room – The racks and shelves provided in any drying room shall not
be more than 2.4 m from the floor and not more than 60 cm in width provided that as regards racks or
shelves set or drawn from both sides the total width shall not exceed 1.2 m . Such racks and shelves
shall be cleaned only after being thoroughly damped unless so efficient suction cleaning apparatus is
used for this purpose.
15.
Medical examination by the Medical officer – (1) every worker employed in a lead processes
shall be examined by a Medical officer within 15 days of his first employment. Such examination shall
include test for lead in urine and blood, ALA in urine, haemoglobin content, stippling of cells and
steadiness test. No worker shall be allowed to work after 15 days of his first employment in the factory
unless certified fit for such employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every 3 calendar months and such re- examination shall, wherever the Medical officer considers
appropriate, include tests specified in subparagraph(1) .
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub paragraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker he shall make record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 67
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment In those processes.
16.
Protective clothing - Protective clothing shall be provided and maintained in good condition for
all person employed in-
(a)
Manipulation of raw oxide of lead
(b)
Pasting
(c)
The formation room and such clothing shall be worn by the person concerned.
The protective clothing shall consist of a water-proof apron and water-proof footwear; and also, as
required persons employed in the manipulation of raw oxide of lead or in the pasting the head covering
shall be washed daily.
17.
Mess room – There shall be provided and maintained for the use of all persons employed in a
lead process and remaining on the premises during the meal intervals, a suitable mess room which shall
be furnished with sufficient tables and benches. The mess room shall place under the charge of a
responsible person and shall be kept clean.
18.
Cloak room- there shall be provided and maintained for the use of all persons employed in a
lead process-
(a)
a cloak room for clothing put-off during working hours with adequate arrangements for drying
the clothes, if wet. Such accommodation shall be separate from mess room.
(b)
separate and suitable arrangements for the storage of protective clothing provided as per sub-
rule (16)
19.
Washing facilities – (1) There shall be provided and maintained in a cleanly state and in good
repair for the use of all persons employed in a lead process –
(a)
a wash place with either –
(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and
of sufficient length to allow at least 60 centimetres for every five such persons
employed at any one time, and having a constant supply of water from taps or jets
above the trough at intervals of not more than 60 centimetres; or
(ii) at least one wash basin for every five such persons employed at any one time, fitted
with a waste pipe and plug and having a adequate supply of water laid on.
(iii) a sufficient supply of clean towels made of suitable materials renewed daily, which
supply in case of pasters and person employed in manipulation of raw oxide of lead
shall include a separate marked towel for each worker; and
(iv) iv) a sufficient supply of soap or other suitable cleansing material and of nail brushes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 68
(b)
There shall in addition be provided means of washing in close proximity to the rooms in which
manipulation of raw oxide of lead or pasting is carried on if required by notice in writing from the Chief
Inspector-cum- Facilitator.
20.
Time allowed for washing – Before each meal and before the end of the day’s work, at least ten
minutes, in addition to the regular meal times, shall be allowed for washing to each person employed
in the manipulation of raw oxide of lead or in pasting.
Provided that if there is be one basin or 60 centimetres of trough for each such person, this paragraph
shall not apply.
21.
Facilities for bathing- sufficient bath accommodation to the satisfaction of the Chief Inspector-
cum-Facilitator shall be provided to all the persons engaged in manipulation of raw oxide of lead or in
pasting and a sufficient supply of soap and clean towels.
22.
Foods, drinks etc. Prohibited in work-rooms- no food, drink, pan and supari or tobacco shall be
consumed or brought by any worker into any work- room in which any lead process is carried on.
SCHEDULE – IV
GLASS MANUFACTURE
1.
Exemption- If the Chief Inspector-cum-Facilitator is satisfied in respect of any factory or any
class of process that, owing to the special methods of work or the special conditions in a factory or
otherwise, any of the requirements of this schedule can be suspended or relaxed without danger to the
persons employed therein, or that the application of this schedule or any part thereof is for any reason
impracticable, he may by certificate in writing authorize such suspension or relaxation as may be
indicated in the certificate for such period and on such conditions as he may think fit.
2.
Definitions – For the purpose of this schedule –
(a)
“efficient exhaust draught” means localised ventilation effected by mechanical means for the
removal of gas, vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric
conditions usually prevailing) from escaping into the air of any place in which work is carried on. No
draught shall be deemed efficient which fails to remove smoke generated at the point where such gas,
vapour, fume, or dust originate;
(b)
“lead compound” means any compound of lead other than galena which, when treated in the
manner described below, yields to an aqueous solution of hydrochloric acid a quantity soluble lead
compound exceeding, when calculated as lead monoxide, five percent of the dry weight of the portion
taken analysis. The method of treatment shall be as follows: -
A weighed quantity of the material which has been dried at 100 degrees centigrade and thoroughly
mixed shall be continuously shaken for one hour at the common temperature with 1,000 times its weight
of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride.
This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained
in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 69
3.
Exhaust draught – (1) The following processes shall not be carried on except under an efficient
exhaust draught or such other conditions as may be approved by the Chief Inspector-cum-Facilitator:-
(a)
the mixing of raw materials to form a “Bator”;
(b)
the dry grinding, glazing and polishing of glass or any article of glass;
(c)
all processes in which hydrofluoric acid fumes or ammonical vapours are given off;
(d)
all processes in the making of furnace moulds or “pots” including the grinding or crushing of
used “pots”; and
(e)
All processes involving the use of a dry lead compound.
(2)
(i) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination and test
shall be rectified as soon as practicable.
(ii) A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
4.
Prohibition relating to pregnant women and Adolescent – No pregnant woman or adolescent
shall be employed or permitted to work in any of the operations specified in paragraph 2 or at any place
where such operations are carried on.
5.
Floor and work-benches – The floor and work-benches of every room in which a dry compound
of lead is manipulated or in which any process is carried on giving off silica dust shall be kept moist
and shall comply with the following requirements :-
(a)
The floor shall be –
(i)
of cement or similar material so as to be smooth and impervious to water;
(ii)
maintained in sound condition; and
(iii)
cleansed daily after being thoroughly spread with water at a time when no other work is being
carried on the room; and
(b)
The work-benches shall –
(i)
have a smooth surface and be maintained in sound condition, and
(ii)
cleansed daily either after being thoroughly damped or by means of a suction cleaning apparatus
at a time when no other work is being carried on thereat.
6.
Use of hydrofluoric acid – The following provisions shall apply to rooms in which glass is
treated with hydrofluoric acid :-
(a)
there shall be inlets and outlets of adequate size so as to secure and maintain efficient ventilation
in all parts of the room;
(b)
the floor shall be covered with gutta-percha and be tight and shall slope gently down to a
covered drain;
(c)
the workplaces shall be so enclosed in projecting hoods that openings required for the bringing
in the objects to be treated shall be as small as practicable; and
(d)
The efficient exhaust draught shall be so contrived that the gases are exhausted downwards
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 70
7.
Storage and transport of hydrofluoric acid – Hydrofluoric acid shall not be stored or transported
except in cylinders or receptacles made of lead or rubber.
8.
Blow pipes – Every glass blower shall be provided with a separate blow pipe bearing the
distinguishing mark of the person to whom it is issued and suitable facilities shall be readily available
to every glass blower for sterilising his blow pipe.
9.
Food, drinks, etc., prohibited in workrooms – No food, drink, pan and supari or tobacco shall
be brought into or consumed by any worker in any room or workplace wherein any process specified
in paragraph 2 is carried on.
10.
Protective clothing – The occupier shall provide, maintain in good repair and keep in a clean
condition for the use of all persons employed in the processes specified in paragraph 2 suitable
protective clothing, footwear and goggles according to the nature of the work and such clothing,
footwear, etc. Shall be worn by the persons concerned.
11.
Washing facilities – (1) There shall be provided and maintained in a cleanly state and in good
repair for the use of all persons employed in the processes specified in paragraph 2.
(2)
a wash place with either –
(i)
a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of
sufficient length to allow of at least 60 centimetres for every five such persons employed at any one
time, and having a constant supply of water from taps or jets above the trough at intervals of not more
than 60 centimetres; or
(3)
at least one wash basin for every five such persons employed at any one time, fitted with a
waste pipe and plug and having an adequate supply of water laid on or always readily available;
(4)
a sufficient supply of clean towels made of suitable material renewed daily with sufficient
supply of soap or other suitable cleansing material and of nail brushes; and
(5)
a sufficient number of stand pipes with taps the number and location of which shall be to the
satisfaction of the Chief Inspector-cum-Facilitator.
12.
Medical Examination by Medical officer – (1)Every workers employed in processes specified
in paragraph 2 shall be examined by the Medical officer within 15 days of his first employment. Such
examination shall include pulmonary function tests and in suspected cases chest X-ray as well as tests
for lead and urine. No worker shall be allowed to work after 15 days of first employment in the factory
unless certified for such employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by the Medical officer at
least once in every twelve calendar months. Such re- examination shall, wherever the Medical officer
considers appropriate, include tests as specified in sub-paragraph (1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examination carried out shall been entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 71
carried out under subparagraph(1) and (2), including the nature and the results of the tests, shall also be
entered by the Medical officer in a health register in Form- 41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fir for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of worker, he shall make a record of his findings in the said certificate and the health register. The entry
of his findings in those documents should also include the period for which he considers that the said
person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which the person affected shall be suitable rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer , after further examination, again
certifies him fit for employment in those processes.
SCHEDULE – V
GRINDING OR GLAZING OF METALS AND PROCESSES INCIDENTAL THERETO
1.
Definitions – For the purposes of this schedule –
(a)
“grindstone” means a grindstone composed of natural or manufactured sandstone but does not
include a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted;
(b)
“abrasive wheel” means a wheel manufactured of bonded emery or similar abrasive;
(c)
“grinding” means the abrasion, by aid of mechanical power, of metal, by means of a grindstone
or abrasive wheel;
(d)
“glazing” means the abrading, polishing or finishing, by aid of mechanical power, of metal, by
means of any wheel, buff, mop or similar appliance to which any abrading or polishing substance is
attached or applied;
(e)
“racing” means the turning up, cutting or dressing of a revolving grindstone before it is brought
into use for the first time;
(f)
“hacking’ means the chipping of the surface of a grindstone by a hack or similar tool; and
(g)
“rodding” means the dressing of the surface of a revolving grindstone by the application of a
rod, bar or strip of metal to such surface.
Exception – (1) Nothing in this schedule shall apply to any factory in which only repairs are carried on
except any part thereof in which one or more persons are wholly or mainly employed in the grinding or
glazing of metals.
(2) Nothing in this schedule except paragraph 4 shall apply to any grinding or glazing of metals carried
on intermittently and at which no person is employed for more than 12 hours in any week
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 72
2.
Equipment for removal of dust –No racing, dry grinding or glazing shall be performed without
–
(a)
a hood or other appliance so constructed, arranged, placed and maintained as substantially to
intercept the dust thrown off;
(b)
a duct of adequate size, air tight and so arranged as to be capable of carrying away the dust,
which duct shall be kept free from obstruction and shall be provided with proper means of access for
inspection and cleaning, and where practicable, with a connection at the end remote from the fan to
enable the Inspector-cum-Facilitator to attach thereto any instrument necessary for ascertaining the
pressure of air in the said duct; and
(c)
a fan or other efficient means of producing a draught sufficient to extract the dust:
Provided that the Chief Inspector-cum-Facilitator may accept any other appliance that is, in his opinion,
as effectual for the interception, removal and disposal of dust thrown off as a hood, duct and fan would
be.
3.
Restriction on employment on grinding operations – Not more than one person shall at any time
perform the actual process of grinding or glazing upon a grindstone, abrasive wheel or glazing
appliance:
Provided that this paragraph shall not prohibit the employment of persons to assist in the manipulation
of heavy or bulky articles at any such grindstone, abrasive wheel or glazing appliance.
4.
Glazing – Glazing or other processes, except processes incidental to wet grinding upon a
grindstone shall not be carried on in any room in which wet grinding upon a grindstone is done.
5.
Hacking and rodding – Hacking or rodding shall not be done unless during the process either
an adequate supply of water is laid on at the upper surface of the grindstone or adequate appliances for
the interception of dust are provided in accordance with the requirements of paragraph 3.
6.
Examination of dust equipment – (1) All equipment for the extraction or suppression of dust
shall at least once in every six months be examined and tested by competent person, and any defect
disclosed by such examination and test shall be rectified as soon as practicable.
(2)
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
7.
Medical examination by the Medical officer – (1) every worker employed in grinding or glazing
of metal and processes incidental thereto shall be examined by a Medical officer within 15 days of his
first employment. Such examination shall include pulmonary function tests and in suspected cases chest
X-rays. No worker shall be allowed to work after 15 days of his first employment in the factory unless
certified fit for such employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every 12 calendar months. Such re-examination shall, wherever the Medical officer considers
appropriate, include tests as specified in sub-paragraph (1).
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 73
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraphs (1)and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the found that continuance therein would involve special danger to the health
of the worker he shall make record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
10.
Exemption – The Chief Inspector-cum-Facilitator may by certificate in writing, subject to such
conditions as he may specify therein, relax or suspend any of the provisions of this schedule in respect
of any factory if owing to the special methods of work or otherwise such relaxation or suspension is
practicable without danger to the health or safety of the persons employed.
SCHEDULE – VI
MANUFACTURE AND TREATMENT OF LEAD AND CERTAIN COMPOUNDS OF LEAD
1.
Exemption – Where the Chief Inspector-cum-Facilitator is satisfied that all or any of the
provisions of this schedule are not necessary for the protection of the persons employed, he may, by
certificate in writing exempt any factory from all or any of such provisions, subject to such conditions
as he may specify.
2.
Definitions – For this purpose of this schedule –
(a)
“lead compound” means any compound of lead other than galena which, when treated in the
manner described below, yields to an aqueous solution of hydrochloric acid, a quantity of soluble lead
compound exceeding, when calculated as lead monoxide, five per cent of the “dry weight” of the portion
taken for analysis. In the case of paints and similar products and other mixtures containing oil or fat the
“dry weight” means the dry weight of the material remaining after the substance has been thoroughly
mixed and treated with suitable solvents to remove oil, fats, varnish or other media.
The method of treatment shall be as follows:-
A weighed quantity of the material which has been dried at 100 degree centigrade and thoroughly mixed
shall be continuously shaken for one hour, at the common temperature with 1,000 times its weight of
an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This
solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in
the clear filtrate shall then precipitate as lead sulphate and weighed as lead sulphate;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 74
(b)
“efficient exhaust draught” means localised ventilation effected by mechanical means for the
removal of gas, vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric
conditions usually prevailing) from escaping into the air of any place in which work is carried on. No
draught shall be deemed efficient which fails to remove smoke generated at the point where such gas,
vapour, fume, or dusts originate.
3.
Application – This schedule shall apply to all factories or parts of factories in which any of the
following operations are carried on:-
(a)
work at a furnace where the reduction or treatment of zinc or lead ores is carried on;
(b)
the manipulation, treatment or reduction of ashes containing lead, the desilvering of lead or the
melting of scrap lead or zinc;
(c)
the manufacture of solder or alloys containing more than ten percent of lead;
(d)
the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate or silicate of lead;
(e)
the handling or mixing of lead tetra-ethyl;
(f)
any other operation involving the use of a lead compound; and
(g)
The cleaning of workrooms where any of the operations aforesaid are carried on.
4.
Prohibition relating to pregnant women and Adolescent – No pregnant women or adolescent
shall be employed or permitted to work in any of the operations specified in paragraph 3.
5.
Requirements to be observed – No person shall be employed or permitted to work in any
process involving the use of lead compounds if the process is such that dust or fume from a lead
compound is produced therein, or the persons employed there in are liable to be splashed with any lead
compound in the course of their employment unless the provisions of paragraphs 5 to 13 are complied
with.
6.
Exhaust draught – (1) Where dust, fume, gas or vapour is produced in the process, provision
shall be made for removing them by means of an efficient exhaust draught to contrived as to operate on
the dust, fume, gas or vapour as closely as possible to the point of origin.
(2)
(i) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination and test
shall be rectified as soon as practicable.
(ii)
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
7.
Medical examination by the Medical officer – (1) every worker employed in the operations
referred to in paragraph 3 shall be examined by a Medical officer within 15 days of his first employment.
Such examination shall include pulmonary function tests for lead in blood and urine, ALA in urine.
haemoglobin content, stippling of cells and steadiness tests. No worker shall be allowed to work after
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 75
15 days of his first employment in the factory unless certified fit for such employment by the Medical
officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every 3 calendar months. Such re-examination shall, wherever the Medical officer considers
appropriate, include tests as specified insub-paragraph (1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under subparagraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker he shall make record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
8.
Food, drinks, etc. Prohibited in workroom – No food, drink, pan and supari or tobacco shall be
brought into or consumed by any worker in any worker in any workroom in which the process is carried
on and no person shall remain in any such room during intervals for meals or rest.
9.
Protective clothing – Suitable protective overalls and head coverage shall be provided,
maintained and kept clean by the occupier and such overalls and head coverings shall be worn by the
persons employed.
10.
Cleanliness of workrooms, tools, etc. – The rooms in which the persons are employed and all
tools and apparatus used by them shall be kept in a clean state.
11.
Washing facilities – (1)The occupier shall provide and maintain for the use of all persons
employed suitable washing facilities consisting of –
(a)
a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of
sufficient length to allow of at least two feet for every five such persons employed at any one time, and
having a constant supply of water from taps or jets above the trough at intervals of not more than 60
centimetres; or
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 76
(b)
At least one wash-basin for every ten persons employed at any one time, fitted with a waste
pipe and plug and having a constant supply of clean water; together with, in either case, a sufficient
supply of nail brushes, soap or other suitable cleansing material and clean towels.
(2)
The facilities so provided shall be placed under the charge of a responsible person and shall be
kept clean.
12.
Mess room or canteen – The occupier shall provide and maintain for the use of the persons
employed suitable and adequate arrangements for taking their meals. The arrangements shall consist of
the use of a room separate from any workroom which shall be furnished with sufficient tables and
benches, and unless a canteen serving hot meals is provided, adequate means of warming the food. The
room shall be adequately ventilated by the circulation of fresh air, shall be placed under the charge of a
responsible person and shall be kept clean.
13.
Cloakroom – The occupier shall provide and maintain for the use of persons employed, suitable
accommodation for clothing not worn during working hours, and for the drying of wet clothing.
SCHEDULE – VII
GENERATING PETROL GAS FROM DANGEROUS PETROLEUM
1.
Prohibition relating to pregnant women and Adolescent – No pregnant woman or adolescent
shall be employed or permitted to work in or shall be allowed to enter any building in which the
generation of gas from dangerous petroleum is carried on.
2.
Flame traps – The plant for generation of gas from dangerous petroleum and associated piping
and fittings shall be fitted with at least two efficient flame traps so designed and maintained as to prevent
a flash back from any burner to the plant. One of these traps shall be fitted as close to the plant as
possible. The plant and all pipes and valves shall be installed and maintained free form leaks.
3.
Generating building or room – All plants for generation of gas from dangerous petroleum
erected after the coming into force of the provisions specified in this schedule, shall be erected outside
the factory building proper in a separate well ventilated building (hereinafter referred to as “generating
building”). In the case of such plants erected before the coming into force of the provisions specified in
this schedule, there shall be no direct communication between the room where such plants are erected
(hereinafter referred to as “the generating room”) and the remainder of the factory building. So far as
practicable, all such generating rooms shall be constructed of fire-resisting materials.
4.
Fire extinguishers – An efficient means of extinguishing petrol fires shall be maintained in an
easily accessible position near the plant for generation of gas from dangerous petroleum.
5.
Plant to be approved by Chief Inspector-cum-Facilitator – Gas from dangerous petroleum shall
not be manufactured except in a plant for generating gas, the design and construction of which has been
approved by the Chief Inspector-cum-Facilitator.
6.
Escape of dangerous petroleum – Effective steps shall be taken to prevent dangerous petroleum
from escaping into any drain or sewer.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 77
7.
Prohibition relating to smoking – No person shall smoke or carry matches, fire or naked light
or other means of producing a naked light or spark in the generation room or building or in the vicinity
thereof and a warning notice in the language understood by the majority of the workers shall be posted
in the factory prohibiting smoking and the carrying of matches, fire or naked light or other means of
producing a naked light or spark into such room or building.
8.
Access to dangerous petroleum or container – No unauthorized person shall have access to any
dangerous petroleum or to a vessel containing or having actually contained dangerous petroleum.
9.
Electric fittings – All electric fittings shall be of flameproof construction and all electric
conductors shall either be enclosed in metal conduits or be lead- sheathed.
10.
Construction of doors – All doors in the generating room or building shall be constructed to
open outwards or to slide and no door shall be locked or obstructed or fastened in a such a manner that
it cannot be easily and immediately opened from the inside while gas is being generated and any person
is working in the generating room or building.
11.
Repair of containers- No vessel that has contained dangerous petroleum shall be repaired in a
generating room or building and no repairs to any such vessel shall be undertaken unless live steam has
been blown into the vessel and until the interior is thoroughly steamed out or other equally effective
steps have been taken to ensure that it has been rendered free from dangerous petroleum or inflammable
vapour.
SCHEDULE – VIII
CLEANING OR SMOOTHING, ROUGHENING, ETC. OF ARTICLES, BY A JET OF
SAND, METAL SHOT, OR
GRIT, OR OTHER ABRASIVE PROPELLED BY A BLAST OF COMPRESSED AIR OR
STEAM (BLASTING REGULATIONS)
1.
Definitions – For the purposes of this schedule –
(a)
“blasting” means cleaning, smoothing, roughening, or removing of any part of the surface of
any article by the use of an abrasive of a jet of sand, metal shot, or grit or other material, propelled by
a blast of compressed air or steam ;
(b)
“blasting enclosure” means a chamber, barrel, cabinet or any other enclosure designed for the
performance of blasting therein;
(c)
“blasting chamber” means a blasting enclosure in which any person may enter at any time in
connection with any work or otherwise; and
(d)
“cleaning of castings” where done as an incidental or supplemental process in connection with
the making of metal castings, means the freeing of the casting from adherent sand or other substance
and includes the removal of cores and the general smoothening of a casting, but does not include the
free treatment.
2.
Prohibition of sand blasting – Sand or any other substance containing free silica shall not be
introduced as an abrasive into any blasting apparatus and shall not be used for blasting :
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 78
Provided that this clause shall come into force two years after the coming into operation of this schedule.
Provided further that no woman or adolescent shall be employed or permitted to work at any operation
of sand blasting.
3.
Precautions in connection with blasting operations – (1) Blasting shall not be done except in a
blasting enclosure and no work other than blasting and any work immediately incidental thereto and
clearing and repairing of the enclosure including the plant and appliances situated therein, shall be kept
closed and air tight while blasting is being done therein.
(2)
Maintenance of blasting enclosure: Blasting enclosure shall always be maintained in good
condition and effective measures shall be taken to prevent dust escaping from such enclosure, and from
apparatus connected therewith, into the air of any room.
(3)
Provision of separating apparatus: There shall be provided and maintained for and in connection
with every blasting enclosure, efficient apparatus for separating, so far as practicable, abrasive which
has been used for blasting and which is to be used again as an abrasive, from dust or particles of other
materials arising from blasting; and no such abrasive shall be introduced into any blasting apparatus
and used for blasting until it has been so separated:
Provided that this clause shall not apply, except in the case of blasting chambers, to blasting enclosures
constructed or installed before the coming into force of this schedule, if the Chief Inspector-cum-
Facilitator is of opinion that it is not reasonably practicable to provide such separating apparatus.
(4)
Provision of ventilating plant: There shall be provided and maintained in connection with every
blasting enclosure efficient ventilating plant to extract, by exhaust draught effected by mechanical
means, dust produced in the enclosure. The dust extracted and removed shall be disposed of by such
method and in such manner that it shall not escape into the air of any room; and every other filtering or
settling device situated in a room in which persons are employed, other than persons attending to such
bag or other filtering or settling device, shall be completely separated from the general air of that room
in an enclosure ventilated to the open air.
(5)
Operation of ventilating plant: The ventilating plant provided for the purpose of
subparagraph(4) shall be kept in continuous operation whenever the blasting enclosure is in use whether
or not blasting is actually taking place therein, and in the case of a blasting chamber, it shall be in
operation even when any person is inside the chamber for the purpose of cleaning.
4.
Inspection and examination – (1) Every blasting enclosure shall be specially inspected by a
competent person at least once in every week in which it is used for blasting. Every blasting enclosure,
the apparatus connected therewith and the ventilating plant shall be thoroughly examined and in the
case of ventilating plant, tested by a competent person at least once in every month.
(2)
Particulars of the result of every such inspection, examination or test shall forthwith be entered
in a register which shall be kept in a form approved by the Chief Inspector-cum-Facilitator and shall be
available for inspection by any workman employed in or in connection with blasting in the factory. Any
defect found on any such inspection, examination or test shall be immediately reported by the person
carrying out the inspection, examination or test to the occupier, manager or other appropriate person
and without prejudice to the foregoing requirements of this schedule, shall be removed without
avoidable delay.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 79
5.
Provision of protective helmets, gauntlets and overalls – (1) There shall be provided and
maintained for the use of all persons who are employed in a blasting chamber, whether in blasting or in
any work connected therewith or in cleaning such a chamber, protective helmets of a type approved by
a certificate of the Chief Inspector-Cum-Facilitator; and every such person shall wear the helmet
provided for this use whilst he is in the chamber and shall not remove it until he is outside the chamber.
(2)
Each protective helmet shall carry a distinguishing mark indicating the person by whom it is
intended to be used and no person shall be allowed or required to wear a helmet not carrying his mark
or a helmet which has been worn by another person and has not since been thoroughly disinfected.
(3)
Each protective helmet when in use shall be supplied with clean and not unreasonably cold air
at a rate of not less 170 litres per minute.
(4)
Suitable gauntlets and overalls shall be provided for the use of all persons while performing
blasting or assisting at blasting, and every such person shall while so engaged, wear the gauntlet and
overall provided.
6.
Precautions in connection with cleaning and other work – (1) Where any person is engaged
upon cleaning of any blasting apparatus or blasting enclosure or of any apparatus or ventilating plant
connected therewith or the surroundings thereof or upon any other work in connection with any blasting
apparatus or blasting enclosure or with any apparatus or ventilating plant connected therewith so that
he is exposed to the risk of inhaling dust which has arisen from blasting, all practicable measures shall
be taken to prevent such inhalation.
(2)
In connection with any cleaning operation referred to in paragraph 5, and with the removal of
dust from filtering or settling devices all practicable measures shall be taken to dispose of the dust in
such a manner that it does not enter the air of any room. Vacuum cleaners shall be provided and used
wherever practicable for such cleaning operations.
7.
Storage accommodation for protective wear – Adequate and suitable storage accommodation
for the helmets, gauntlets and overalls required to be provided by paragraph 5 shall be provided outside
and conveniently near to every blasting enclosure and such accommodation shall be kept clean.
Helmets, gauntlets and overalls when not in actual use shall be kept in this accommodation.
8.
Maintenance and cleaning of protective wear – All helmets, gauntlets, overalls and other
protective devices or clothings provided and worn for the purposes of this schedule, shall be kept in
good condition and so far as is reasonably practicable shall be cleaned on every weekday in which they
are used. Where dust arising from the cleaning of such protective clothing or devices is likely to be
inhaled, all practicable measures shall be taken to prevent such inhalation. Vacuum cleaners shall,
wherever practicable, be used for removing dust from such clothing and compressed air shall not be
used for removing dust from any clothing.
9.
Maintenance of vacuum cleaning plant – Vacuum cleaning plant used for the purpose of this
schedule shall be properly maintained.
10.
Restrictions in employment of Adolescent – (1) No person under 18 years of age shall be
employed in blasting or assisting at blasting or in any blasting chamber or in the cleaning of any blasting
apparatus or any blasting enclosure or any apparatus or ventilating plant connected therewith or be
employed on maintenance or repair work at such apparatus, enclosure or plant.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 80
(2)
No person under 18 years of age shall be employed to work regularly within twenty feet of any
blasting enclosure unless the enclosure is in a room and he is outside that room where he is effectively
separated from any dust coming from the enclosure.
11.
Power to exempt or relax – (1) If the Chief Inspector-cum-Facilitator is satisfied that in any
factory or any class of factory, the use of sand or other substance containing free silica as an abrasive
in blasting is necessary for a particular manufacture or process (other than the process incidental or
supplemental to making of metal castings) and that the manufacture or process cannot be carried on
without the use of such abrasive or that owing to the special conditions or special method of work or
otherwise any requirement of this schedule can be relaxed without endangering the health of the persons
employed or that application of any such requirements is for any reason impracticable or inappropriate,
he may, with the previous sanction of the UT Administration, by an order in writing exempt the said
factory or class of factory from such provisions of this schedule, to such an extent and subject to such
conditions and for such period as may be specified in the said order.
(2)
Where an exemption has been granted under sub-paragraph (1), a copy of the order shall be
displayed at a notice board at a prominent place at the main entrance or entrances to the factory and also
at the place where the blasting is carried on.
12.
Medical examination by the Medical officer – (1) every worker employed in any of the
processes to which this schedule shall be examined by a Medical officer within 15 days of his first
employment. Such examination shall include pulmonary function tests and chest X-rays. No worker
shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such
employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every 12 calendar months and such re- examination shall, wherever the Medical officer
considers appropriate, include pulmonary function test and chest X-ray once in every three years.
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under subparagraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker he shall make record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 81
SCHEDULE – IX
LIMING AND TANNING OF RAW HIDES AND SKINS AND
PROCESSES INCIDENTAL THERETO.
1.
Cautionary notices – (1) Cautionary notices as to anthrax in the form specified by the Chief
Inspector-cum-Facilitator shall be affixed in prominent positions in the factory where they may be easily
and conveniently read by the persons employed.
(2)
A copy of a warning notice as to anthrax in the form specified by the Chief Inspector-cum-
Facilitator shall be given to each person employed when he is engaged, and subsequently if still
employed, on the first day of each calendar year.
(3)
Cautionary notices as to the effects of chrome on the skin shall be affixed in prominent positions
in every factory in which chrome solutions are used and such notices shall be so placed as to be easily
and conveniently read by the persons employed.
(4)
Notices shall be affixed in prominent places in the factory stating the position of the first-aid
box or cupboard and the name of the person in charge of such box or cupboard.
(5)
If any person employed in the factory is illiterate, effective steps shall be taken to explain
carefully to such illiterate person the contents of the notice specified in subparagraphs (1), (2) and (4)
and if chrome solutions are used in the factory, the contents of the notice specified in sub-paragraph
(3).
2.
Protective clothing – The occupier shall provide and maintain in good condition the following
articles of protective clothing :-
(a)
waterproof footwear leg coverings, aprons and gloves for persons employed in processes
involving contact with chrome solutions, including the preparation of such solutions;
(b)
gloves and boots for persons employed in lime yard;
(c)
protective footwear, aprons and gloves for persons employed in processes involving the
handling of hides and skins, other than in processes specified in subparagraphs(a) and (b) above :
Provided that:-
(i)
the gloves, aprons, leg coverings or boots may be of rubber or leather, but the gloves and boots
to be provided under sub- paragraphs (a) and (b) shall be of rubber.
(ii)
the gloves may not be provided to persons fleshing by hand or employed in processes in which
there is no risk of contact with lime, sodium sulphide or other caustic liquor.
3.
Washing facilities, mess room and cloakroom – There shall be provided and maintained in a
clean state and in good repair for the use of all persons employed –
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 82
(a)
a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of
sufficient length to allow of at least 60 centimetres for every five such persons employed at any one
time, and having a constant supply of water from taps or jets above the trough at intervals of not more
than 60 centimetres; or
(b)
at least on wash-basin for every ten such persons employed at any one time, fitted with a waste
pipe and plug and having a constant supply of clean water; together with, in either case, a sufficient
supply of nail brushes, soap or other suitable cleansing material and clean towels;
(c)
a suitable mess room, adequate for the number remaining on the premises during the meal
intervals, which shall be furnished with sufficient tables and benches and adequate means for warming
food and for boiling water. The mess room shall –
(i)
be separate from any room or shed in which hides or skins are stored, treated or manipulated;
(ii)
be separate from the cloakroom; and
(iii)
be placed under the charge of a responsible person; and
(d)
the occupier shall provide and maintain for use of all persons employed suitable
accommodation for clothing put off during working hours and another accommodation for protective
clothing and also adequate arrangements for drying up the clothing in both the cases, if wet. The
accommodation so provided shall be kept clean at all times and placed under the charge of a responsible
person.
4.
Food, drinks, etc. Prohibited in workrooms – No food, drink, pan and supari or tobacco shall
be brought into or consumed by any worker in any workroom or shed in which hides or skins are stored,
treated or manipulated.
5.
Medical Examination by Medical officer – (1) every worker employed in shall be examined by
a Medical officer within 15 days of his first employment. Such examination shall include No worker
shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such
employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by the Medical officer at
least once in every twelve calendar months. Such re- examination shall, wherever the Medical officer
considers appropriate, include tests as specified in subparagraph(1).
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examination carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2),including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fir for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 83
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which can the person affected shall be suitable rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
SCHEDULE – X
CARRYING ON OF CERTAIN PROCESSES OF LEAD AND LEAD MATERIAL IN
PRINTING PRESSES AND TYPE FOUNDRIES
1. Exemption – Where the Chief Inspector-cum-Facilitator is satisfied that all or any of the
provisions of this schedule are not necessary for the protection of persons employed, he may
by certificate in writing exempt any factory from all or any such provisions subject to such
conditions as he may specify therein. Such certificate may at any time be revoked by the Chief
Inspector-cum- Facilitator.
2.
Definitions – For the purpose of this schedule –
(a)
“lead material” means material containing not less than five per cent of lead;
(b)
“lead process” means –
(i)
the melting of lead or any lead material for casting and mechanical composing;
(ii)
the recharging of machines with used lead material;
(iii)
any other work including removal of dross from melting pots and cleaning of plungers; and
(iv)
Manipulation, movement or other treatment of lead material.
(c)
“efficient exhaust draught” means localised ventilation effected by head or mechanical means
for the removal of gas, vapour, dust or fumes so as to prevent them from escaping into the air of any
place in which work is carried on. No draught shall be deemed efficient which fails to remove smoke
generated at the point where such gas, vapour, fume, or dust originate.
3.
Exhaust draught –
(1)
None of the following processes shall be carried on except with an efficient exhaust draught
unless carried on in such a manner as to prevent free escape of gas, vapour, fumes or dust into any place
in which work is carried on, or unless carried on in electrically heated and thermostatically controlled
melting pots:-
(a)
melting lead material or slugs; and
(b)
Heating lead material so that vapour containing lead is given off.
Provided that the aforesaid processes may be carried on without efficient exhaust draught if they are
carried on in such a manner as to prevent free escape of gas, vapour, fume or dust into any place in
which work is being done or is carried on in electrically-heated and thermostatically controlled melting
pots.
(2)
Such exhaust draught shall be effected by mechanical means and so contrived as to operate on
the dust, fume, gas or vapour given off as closely as may be at its point of origin.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 84
(3)
(a) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination and test
shall be rectified as soon as practicable.
(b)
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
4.
Prohibition relating to pregnant women and Adolescent – No pregnant woman or adolescent
shall be employed or permitted to work in any lead process.
5.
Separation of certain processes.- Each of the following processes shall be carried on in such a
manner and under such conditions as to secure effectual separation from one another and from any other
processes :-
(a)
melting of lead or any lead material;
(b)
casting of lead ingots; and
(c)
Mechanical composing.
6.
Container for dross – A suitable receptacle with tightly fitting cover shall be provided and used
for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the
workroom near the machine except when the dross is being deposited therein.
7.
Floor of workroom – The floor of every workroom where lead process is carried on shall be –
(a)
of cement or similar material so as to be smooth and impervious to water;
(b)
maintained in sound condition; and
(a)
Shall be cleansed throughout daily after being thoroughly damped with water at a time when
no other work is being carried on at the place.
8.
Mess room – There shall be provided and maintained for the use of all persons employed in a
lead process and remaining on the premises during the meal intervals, a suitable mess room which shall
be furnished with sufficient tables and benches.
9.
Washing facilities – (1) There shall be provided and maintained in a cleanly state and in good
repair for the use of all persons employed in a lead process –
(a)
a wash place with either –
(i)
a trough with a smooth impervious surface fitted with a waste pipe without plug, and of
sufficient length to allow at least 60 centimetres for every five such persons employed at any one time,
and having a constant supply of water from taps or jets above the trough at intervals of not more than
60 centimetres; or
(ii)
at least one wash basin for every five such persons employed at any one time, fitted with a
waste pipe and plug and having a adequate supply of water laid on or always readily available; and
(b)
a sufficient supply of clean towels made of suitable materials renewed daily, with a sufficient
supply of soap or other suitable cleansing material.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 85
10.
Medical examination by Medical officer – (1) Every worker employed in a lead processes shall
be examined by a Medical officer within 15 days of his first employment. Such examination shall
include tests for lead in urine and blood. ALA in urine, haemoglobin content, stippling of cells and
steadiness test. No worker shall be allowed to work after 15 days of his first employment in the factory
unless certified fit for such employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every six calendar months. Such re-examination shall, wherever the Medical officer considers
appropriate, include tests as specified in sub- paragraph (1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under subparagraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
if at any time medical officer is of the opinion that a worker is no longer fit for employment in
the said process on the ground that continuance therein would involve special danger to the health of
the worker he shall make a record of his findings in the said Certificate and the health register. The
entry of his findings in these documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
11.
Food, drinks, etc. Prohibited in workrooms – No food, drink, pan and supari or tobacco shall
be consumed or brought by any worker into any workroom in which any lead process is carried on.
12.
The occupier shall provide to all persons employed in lead process two full sleeve overall every
year, arrange for their weekly washing and maintain these in good condition. The person employed in
such a process shall wear these overall while engaged in such work.
SCHEDULE – XI
CHEMICAL WORKS
PART I
1.
Application – This schedule shall apply to all manufacture and processes incidental there to
carried on in chemical works.
2.
Definitions – For the purpose of this schedule –
(a)
“chemical works” means any factory or such parts of any factory as are listed in appendix `A’
to this schedule;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 86
(b)
“efficient exhaust draught” means localised ventilation effected by mechanical or other means
for the removal of gas, vapour, fume or dust to prevent it from escaping into the air of any place in
which work is carried on;
(c)
“bleaching powder” means the bleaching powder commonly called chloride of lime;
(d)
“chlorate” means chlorate or per chlorate;
(e)
“caustic” means hydroxide of potassium or sodium;
(f)
“chrome process” means the manufacture of chromate or dichromate of potassium or sodium,
OT the manipulation, movement or other treatment of these substances;
(g)
“nitro or amino process” means the manufacture of nitro or amino derivatives of phenol and of
benzene or its homologues, and the making of explosives with the use of any of these substances;
(h)
the term `permit to work’ system means the compliance with the procedures laid down under
Para 20 of Part II;
(i)
“toxic substances” means all those substances which when they enter into the human body,
through inhalation or ingestion or absorption through skin, in sufficient quantities cause fatality or exert
serious affliction of health, or chronic harmful effects on the health of persons exposed to it due to its
inherent chemical or biological effects. In respect of substances whose TLV is specified in Rule-
131exceeding the concentration specified therein would make the substance toxic;
(j)
“emergency” means a situation or condition leading to a circumstance or set of circumstances
in which there is danger to the life or health of persons or which could result in big fire or explosion or
pollution to the work and outside environment, affecting the workers or neighbourhood in a serious
manner, demanding immediate action;
(k)
“dangerous chemical reactions” means high speed reactions, runaway reactions, delayed
reactions, etc. And are characterised by evolution of large quantities of heat, intense release of toxic or
flammable gases or vapours, sudden pressure build-up etc.;
(l)
“manipulation” means mixing, blending, filling, emptying, grinding, sieving, drying, packing,
sweeping, handling, using, etc.;
(m)
“approved personal protective equipment” means items of personal protective equipment
conforming to the relevant ISI specifications or in the absence of it, personal protective equipment
approved by the Chief Inspector- cum-Facilitator;
(n)
“appropriate personal protective equipment” means that when the protective equipment is used
by the worker, he shall have no risk to his life or health or body; and
(o)
“confined space” means any space by reason of its construction as well as in relation to the
nature of the work carried therein and where hazards to the persons entering into or working inside exist
or are likely to develop during working.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 87
PART II
General Requirements
Applying to all the works in Appendix `A’
1.
Housekeeping –
(1)
Any spillage of materials shall be cleaned up before further processing.
(2)
Floors, platforms, stairways, passages and gangways shall be free of any obstructions.
(3)
There shall be provided easy means of access to all parts of the parts of the plant to facilitate
cleaning.
2.
Improper use of chemicals-No chemicals or solvents or empty containers containing chemicals
or solvents shall be permitted to be used by workers for any purpose other than in the processes for
which they are supplied.
3.
Prohibition on the use of food to be specified clearly – No food, drink, tobacco, pan or any
edible item shall be stored or heated or consumed on or near any part of the plant or equipment.
4.
Cautionary Notices and Instructions –
(1)
Cautionary notices in a language understood by the majority of workers shall be prominently
displayed in all hazardous areas drawing the attention of all workers about the hazards to health, hazards
involving fire and explosion and any other hazard such as consequences of testing of material or
substances used in the process or using any contaminated container for drinking or eating, to which the
workers’ attention should be drawn for ensuring their safety and health.
(2)
In addition to the above cautionary notice, arrangement shall be made to instruct and educate
all the workers including illiterate workers about the hazards in the process including the specific
hazards to which they may be exposed to, in the normal course of their work. Such instructions and
education should also deal with the hazards involved in unauthorised and unsafe practices including the
properties of substances used in the process under normal conditions as well as abnormal conditions
and the precautions to be observed against each and every hazard. Further, an undertaking from the
workers shall be obtained within one month of their employment to the effect that they have read the
contents of the cautionary notices and instructions, understood them and would abide by them. The
training and instructions to all workers and all supervisory personnel shall include the significance of
different types of symbols and colours used on the labels stuck or painted on the various types of
containers and pipe lines.
5.
Evaluation and provision of safeguards before the commencement of process –
(1)
Before commencing any process or any experimental work, or any new manufacture covered
under Appendix `A’, the occupier shall take all possible steps to ascertain definitely all the hazards
involved both from the actual operations and the chemical reactions including the dangerous chemical
reactions. The properties of the raw materials used, the final products to be made and any by-products
derived during manufacture, shall be carefully studied and provisions shall be made for dealing with
any hazards including effects on workers, which may occur during manufacture.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 88
(2)
Information in writing giving details of the process, its hazards and the steps taken or proposed
to be taken from the design stage to disposal stage for ensuring the safety as in sub-paragraph (1) should
be sent to the Chief Inspector-cum-Facilitator at the earliest but in no case less than 15 days before
commencing manufacture, handling, or storage of any of items covered under Appendix `A’, whether
on experimental basis, or as pilot plant or as trial production, or as large scale manufacture.
(3)
The design, construction, installation, operation, maintenance and disposal of the buildings,
plant and facilities shall take into consideration effective safeguards against all the safety and health
hazards so evaluated.
(4)
The requirements under the sub-Paragraphs (1) (2) and (3) shall not act in lieu of or in
derogation to, any other provisions contained in any Act governing the work.
6.
Authorized entry – Authorized persons only shall be permitted to enter any section of the
factory or plant where any dangerous operations or processes are being carried on or where dangerous
chemical reactions are taking place or where hazardous chemicals are stored.
7.
Examination of instruments and safety devices –
(1)
All instruments and safety devices used in the process shall be tested before taking into use and
after carrying out any repair to them and examined once in six months, by a competent person. Records
of such tests and examinations shall be maintained in a register.
(2)
All instruments and safety devices used in the process shall be operated daily or as often as it
is necessary, to ensure its effective and efficient working at all times.
8.
Electrical installations – All electrical installations used in the process covered in Appendix `A’
shall be of an appropriate type to ensure safety against the hazard prevalent in that area such as
suitability against dust, dampness, corrosion, flammability and explosively etc. And shall confirm to
the relevant ISI specifications governing their construction and use for that area.
9.
Handling and storage of chemicals –
(1)
The containers for handling and storage of chemicals shall be of adequate strength taking into
consideration the hazardous nature of the contents. They shall also be provided with adequate labelling
and colour coding arrangements to enable identification of the containers and their contents indicating
the hazards and safe handling methods and shall conform to the respective ISI standards. The
instructions given in the label shall be strictly adhered to. Damaged containers shall be handled only
under supervision of a knowledgeable and responsible person and spillage shall be rendered innocuous
in a safe manner using appropriate means.
(2)
The arrangements for the storage of chemicals including charging of chemicals in reaction
vessels and containers shall be such as to prevent any risk of fire or explosion or formation of toxic
concentration of substances above the limits specified in these Rules.
(3)
Without prejudice to the generality of the requirements in sub- Para (2) above, the arrangements
shall have suitable ventilation facilities and shall enable the maintenance of safe levels in vessels and
containers. Such arrangements shall also take into consideration, the type of flooring and the capacity
of flooring and the compatibility requirements of substances with other chemicals stored nearby.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 89
(4)
(a) Storage of chemicals and intermediate products, which are highly unstable or reactive or
explosive shall be limited to the quantities required for two months use.
(b)
Whenever the quantities laid down in the above clause (a) are to be exceeded, the permission
of the Chief Inspector-cum-Facilitator shall be obtained.
(c)
Notwithstanding anything contained in clause (a) and (b) above, the Chief Inspector-cum-
Facilitator may direct any factory carrying out processes covered in Appendix `A’ to further limit the
storage of hazardous substances to quantities less than two months on considerations of safety.
(5)
Standby arrangements equal to the biggest container shall always be available to transfer the
toxic substances quickly into the standby storage facility if any defect develops in any of the container
resulting in the release of toxic substances.
(6)
Any storage facility constructed using non-metallic material such as Fibre glass Reinforced
Plastics (FRP), all glass vessels etc., shall have adequate strength to withstand the stress, if any, exerted
by the contents and shall be properly anchored. Working platforms, access ladders, pipelines etc used
in such storage facility shall not have any support on the structure of the storage facility and shall be
independently supported.
10.
Facility for isolation – The plant and equipment shall be so constructed and maintained as to
enable quick isolation of plant or part of plant or equipment, with appropriate indication. One copy of
the layout plan indicating the isolation facilities shall always be available with the security personnel,
the maintenance and the health and safety personnel and these isolation facilities shall be checked for
its effectiveness once in a month.
11.
Personal protective equipment –
(1)
All workers exposed to the hazards in the processes covered by this Schedule shall be provided
with appropriate and approved type of personal protective equipment. Such equipment shall be in a
clean, sterile and hygienic condition before issue.
(2)
The occupier shall arrange to inform, educate and supervise all the workers in the use of
personal protective equipment while carrying out the job.
(3)
As regards any doubt regarding the appropriateness of any personal protective equipment, the
decision of the Chief Inspector-cum-Facilitator will be final.
12.
Alarm Systems –
(1)
Suitable and effective alarm systems giving audible and visible indications, shall be installed at
the control room as well as in all strategic locations where process control arrangements are available
so as to enable corrective action to be taken before the operational parameters exceed the predetermined
safe levels or lead to conditions conducive for an outbreak of fire or explosion to occur. Such alarm
systems shall be checked daily and tested every month at least once to ensure its performance efficiency
at all times.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 90
(2)
The Chief Inspector-cum-Facilitator may direct such system to be installed in case of plants or
processes where toxic materials are being used and spillage or leakage of which may cause wide spread
poisoning in or around the plant.
13.
Control of escape of substances into the work atmosphere –
(1)
Effective arrangements such as, enclosure, or by pass, or efficient exhaust draught, maintenance
of negative pressure etc., shall be provided in all plants, containers, vessels, sewers, drains, flues, ducts,
culverts, and buried pipes and equipment, to control the escape and spread or substances which are
likely to give rise to fire or explosion or toxic hazards during normal working and in the event of
accident or emergency.
(2)
In the event of the failure of the arrangements for control resulting in the escape of substances
in the work atmosphere immediate steps shall be taken to control the process in such a manner, that
further escape is brought down to the safe level.
(3)
The substances that would have escaped into the work atmosphere before taking immediate
steps as required in sub-Para (2), shall be rendered innocuous by diluting with air or water or any other
suitable agent or by suitably treating the substances.
14.
Control of dangerous chemical reactions – Suitable provision, such as automatic and or remote
control arrangements, shall be made for controlling the effects of dangerous chemical reactions’. In the
event of failure of control arrangements automatic flooding or blanketing or other effective
arrangements shall come into operation.
15.
Testing, examination and repair of plant & equipment –
(1)
All parts of plant, equipment and machinery used in the process which in the likely event of
their failure may give rise to an emergent situation shall be tested by a competent person before
commencing process and retested at an interval of two years or after carrying out repairs to it. The
competent person shall identify the parts of the plant, equipment and machinery required to be tested as
aforesaid and evolve a suitable testing procedures. In carrying out the test mentioned above in respect
of pressure vessels or reaction vessels the following precautions shall be observed, namely –
(a)
before the test is carried out, each vessel shall be thoroughly cleaned and examined externally,
and as far as practicable, internally also for surface defects, corrosion and foreign matters. During the
process of cleaning and removal of sludge, if any, all due precautions shall be taken against fire or
explosion, if such sludge is of pyropheric nature or contains spontaneously combustible chemicals;
(b)
as soon as the test is completed, the vessel shall be thoroughly dried internally and shall be
clearly stamped with the marks and figures indicating the person by whom testing has been done, and
the date of test;
(c)
and any vessel which fails to pass the test or which for any other reason is found to be unsafe
for use shall be destroyed or rendered unusable under intimation to the Chief Inspector-cum-Facilitator.
(2)
All parts of plant, equipment, machinery which is the likely event of failure may give rise to an
emergent situation shall be examined once in a month by the competent person.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 91
(3)
Records of testing and examination referred to in paragraphs (1) and (2) shall be maintained as
long as that part of the plant, equipment and machinery are in use.
(4)
All repair work including alteration, modification and addition to be carried out to the plant,
equipment and machinery shall be done under the supervision of a responsible person who shall evolve
a procedure to ensure safety and health of persons doing the work. When repairs or modification is done
on pipelines, and joints are required to be welded, butt welding of joints shall be preferred. Wherever
necessary, the responsible person shall regulate the aforesaid work through a ‘Permit to work system’.
16.
Staging –
(1)
All staging that is erected for the purpose of maintenance work or repair work or for work
connected with entry into confined spaces and used in the processes included in Appendix `A’, shall be
stable, rigid and constructed out of substantial material of adequate strength. Such staging shall conform
to the respective Indian Standard specifications.
(2)
Staging shall not be erected over any closed or open vessel unless the vessel is so constructed
and ventilated to prevent exposure of persons working on the stages.
(3)
All the staging constructed for the purpose of this Paragraph shall have appropriate access
which are safe and shall be fitted with proper hand rails to a height of one metre and toe board.
17.
Seating Arrangements – The seating arrangements provided for the operating personnel
working in processes covered in Appendix `A’ shall be located in a safe manner as to prevent the risk
of exposure to toxic, flammable and explosive substances evolved in the work environment in the course
of manufacture or repair or maintenance, either due to failure of plant and equipment or due to the
substances which are under pressure, escaping into the atmosphere.
18.
Entry into or work in confined spaces –
(1) The occupier of every factory to which the provisions of this schedule apply, shall ensure the
observance of the following precautions before permitting any person to enter or work inside the
confined spaces –
(a)
identify all confined spaces and the nature of hazards that are encountered in such spaces,
normally or abnormally, and arrange to develop the most appropriate safeguards for ensuring the safety
and health of persons entering into or working inside, the confined spaces;
(b)
regulate the entry or work inside the confined spaces through a `permit to work system’ which
should include the safeguards so developed as required under sub-clause (a) above;
(c)
before testing the confined space for entry into or work, the place shall be rendered safe by
washing or cleaning with neutralising agents; or purging with steam or inert gases and making adequate
forced ventilation arrangements or such measure which will render the confined space safe;
(d)
Shall arrange to carry out such tests as are necessary for the purpose by a competent person and
ensure that the confined space is safe for the persons to enter or work. Such testing shall be carried out
as often as is necessary during the course of work to ensure its continued safety;
(e)
shall arrange to educate and train the personnel who would be required to work in confined
spaces about the hazards involved in the work. He shall also keep in readiness the appropriate and
approved personal protective equipment including arrangements for, rescue resurrection and first aid,
and shall arrange supervision of the work at all times by a responsible and knowledgeable person.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 92
(f)
The occupier shall maintain a log of all entry into or work in, confined spaces and such record
shall contain the details of persons assigned for the work, the location of the work and such other details
that would have a bearing on the log book so maintained shall be retained as long as the concerned
workers are in service and produces to the Inspector-cum-Facilitator when demanded.
19.
Maintenance work etc –
(1)
All the work connected with the maintenance of plants and equipment including cleaning of
empty containers which have held hazardous substances used in the processes covered in this Schedule,
shall be carried out under `permit to work system’ employing trained personnel and under the
supervision of responsible person, having knowledge of the hazards and precautions required to deal
with them.
(2)
Maintenance work shall be carried out in such a manner that there is no risk to persons in the
vicinity or to persons who pass by. If necessary, the place of such work shall be cordoned off or the
presence of unconnected persons effectively controlled.
20.
Permit to work system – The permit to work system shall inter-alia include the observance of
the following precautions while carrying out any specified work to be subjected to the permit to work
system –
(a)
all work subject to the permit to work system shall be carried out under the supervision of a
knowledgeable and responsible person;
(b)
all parts of plant or machinery or equipment on which permit to work system is carried out,
shall remain isolated from other parts throughout the period of permit to work and the place of work
including the parts of plant, machinery shall be rendered safe by cleaning, purging, washing, etc.;
(c)
All work subject to the permit to work system shall have predetermined work procedures which
integrate safety with the work. Such procedures shall be reviewed whenever any change occurs in
material or equipment so that continued safety is ensured;
(d)
persons who are assigned to carry out the permit to work system shall be physically fit in all
respects taking into consideration the demands and nature, of the work before entering into the confined
space. Such person shall be adequately informed about the correct work procedures as well as the
precautions to be observed while carrying out the permit to work system;
(e)
adequate rescue arrangements wherever considered necessary and adequate first aid, rescue and
resurrection arrangements shall be available in good working condition near the place of work while
carrying out the permit to work system, for use in emergency;
(f)
appropriate and approved personal protective equipment shall be used while carrying out the
`permit to work system’;
(g)
after completion of work subject to the `permit to work system’ the person responsible shall
remove all the equipment and tools and restore to the original condition so as to prevent any danger
while carrying out regular process.
21.
Safety sampling personnel – The occupier shall ensure the safety of persons assigned for
collecting samples by instructing them on the safe procedures. Such personnel shall be provided with
proper and approved personal protective equipment, if required.
22.
Ventilation – Adequate ventilation arrangements shall be provided and maintained at all times
in the process area where dangerous or toxic or flammable or explosive substances could be evolved.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 93
These arrangements shall ensure that concentrations, which are either harmful or could result in
explosion, are not permitted to be built up in the work environment.
23.
Procedures for meeting emergencies –
(1)
The occupier of every factory carrying out the works covered in Appendix `A’, shall arrange to
identify all types of possible emergencies that could occur in the processes during the course of work
or while carrying out maintenance work or repair work. The emergencies so identified shall be reviewed
every year.
(2)
The occupier shall formulate a detailed plan to meet all such identified emergencies including
arrangements for summoning outside help for rescue and fire fighting arrangements for making
available urgent medical facilities.
(3)
The occupier shall send the list of emergencies and the details of procedures and plans
formulated to meet the emergencies, to the Chief Inspector-cum- Facilitator.
(4)
The occupier shall arrange to install distinctive and recognisable warning arrangements to
caution all persons inside the plant as well as the neighbouring community, if necessary, to enable
evacuation of persons and to enable the observance of emergency procedures by the persons who are
assigned emergency duties. All concerned must be well informed about the warning arrangements and
their meaning. The arrangements must be checked for its effectiveness every month.
(5)
Alternate power supply arrangements shall be made and interlocked with the normal power
supply system so as to ensure constant supply of power to the facilities and equipment meant for
compliance with requirements of Paragraphs 10, 11, 12, 13,14, 18, 22, and this paragraph of Part II,
Part III, Part IV and Part V of this Schedule.
(6)
The occupier shall arrange to suspend the further process work in a place where emergency is
established and shall forthwith evacuate all persons in that area except workers who have been assigned
emergency duties.
(7)
All the employees of the factory shall be trained about the action to be taken by them including
evacuation procedures during emergencies.
(8)
All emergency procedures must be rehearsed every three months and deficiencies, if any, in the
achievement of the objectives shall suitably be corrected.
(9)
The occupier shall arrange to have ten percent of the workers trained in the use of First Aid Fire
Fighting appliances and in the rendering of specific hazards of the particular process.
(10)
The occupier shall furnish immediately on request the specific chemical identity of the
hazardous substance to the treating physician where the information is needed to administer proper
emergency or first-aid treatment to exposed persons.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 94
24.
Danger due to effluents –
(1)
Adequate precautions shall be taken to prevent the mixing of effluents from different processes
and operations which may cause dangerous or poisonous gases to be evolved.
(2)
Effluents which contain or give rise in the presence of other effluents to poisonous gases shall
be provided with independent drainage systems to ensure that they may be trapped and rendered safe.
PART III
Fire and Explosion Risks
1.
Sources of ignition including lighting installation.-
(1)
No internal combustion engine and no electric motor or other electrical equipment, and fittings
and fixtures capable of generating sparks or otherwise causing combustion or any other source of
ignition or any naked light shall be installed or permitted to be in the process area where there could be
fire and explosion hazards.
(2)
All hot exhaust pipes shall be installed outside a building and other hot pipes or hot surface or
surfaces likely to become hot shall be suitably protected.
(3)
The classification of work areas in terms of its hazard potential and the selection of electrical
equipment or other equipment that could constitute a source of ignition shall be in accordance with the
respective Indian Standard.
(4)
Where a flammable atmosphere may be prevalent or could occur, the soles of footwear worn
by workers shall have no metal on them, and the wheels of trucks or conveyors shall be conductive
type.
(5)
All tools and appliances used for work in this area shall be of non-sparking type.
(6)
Smoking in process areas where there are risks of fire and explosion shall be prohibited, and
warning notices in the language understood by majority of workers shall be posted in the factory
prohibiting smoking into specified areas.
2.
Static Electricity –
(1)
All machinery and plant, particularly, pipe lines and belt drives, on which static charge is likely
to accumulate, shall be effectively earthed. Receptacles for flammable liquids shall have metallic
connections to the earthed supply tanks to prevent statics parking. Where necessary, humidity shall be
regulated.
(2)
Mobile tanker wagons shall be earthed during filling and discharge, and precautions shall be
taken to ensure that earthing is effective before such filling or discharge take place.
3.
Lightning protection – Lightening protection arrangement shall be fitted where necessary, and
shall be maintained.
4.
Process heating – The method of providing heat for a process likely to result in fire and
explosion shall be as safe as possible and where the use of naked flame is necessary, the plant shall be
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 95
so constructed as to prevent any escaping flammable gas, vapour, or dust coming into contact with the
flame, or exhaust gases, or other sources likely to cause ignition. Wherever possible, the heating
arrangement shall be automatically controlled at a pre-determined temperature below the danger
temperature.
5.
Leakage of flammable liquids –
(1)
Provision shall be made to confine by means of bund walls, dykes, sumps etc. Possible leakages
from storage vessels containing flammable liquids.
(2)
Waste material in contact with flammable substances shall be disposed off suitably under the
supervision of knowledgeable and responsible person.
(3)
Adequate and suitable fire-fighting appliances shall be installed in the vicinity of such vessels.
6.
Safety valves – Every still and every closed vessel in which gas is evolved or into which gas is
passed, and in which the pressure is liable to rise above the atmospheric pressure, shall have attached
to it a pressure gauge, and a proper safety valve or other equally efficient means to relieve the pressure.
These appliances shall be maintained in good condition.
7.
Installation of pipe line etc. – All pipelines carrying flammable or explosive substances shall
be protected from mechanical damage and shall be examined by a responsible person once a week to
detect any deterioration or defects, or accumulation of flammable or explosive substances, and record
kept of any defects found and repairs made.
8.
Fire fighting systems –
(1)
Every factory employing 250 or more persons and carrying out processes listed in Appendix
`A’ shall provide –
(a)
Trained and responsible fire fighting squad so as to effectively handle the fire fighting and life
saving equipment in the event of fire or other emergency. Number of persons in this squad will
necessarily depend upon the size of risk involved, but in no case shall be less than 8 such trained persons
to be available at any time. The squad shall consist of watch & ward personnel, fire pump man and
departmental supervisors and operators trained in the operation of fire &emergency services.
(b)
Squad leaders shall preferably be trained in a recognised government institution and their
usefulness enhanced by providing residence on the premises.
(c)
Squad personnel shall be provided with clothing and equipment including helmets, boots and
belts.
(2)
A muster roll showing the duties allocated to each member of the squad shall be prepared and
copies supplied to each leader as well as displayed in prominent places so as to be easily available for
reference in case of emergency.
(3)
The pump man shall be thoroughly conversant with the location of all appliances. He shall be
responsible for maintaining all fire fighting equipment in proper working order. Any defect coming to
his notice shall be immediately be brought to the notice of squad leader.
(4)
As far as is practicable, the fire pump room and the main gate(s) of the factory be connected to
all manufacturing or storing areas through telephone inter lined and placed in a convenient location near
such areas.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 96
PART IV
Risks of Toxic Substances
1.
Leakage –
(1)
All plants shall be so designed and constructed as to prevent the escape of toxic substance.
Where necessary, separate buildings, rooms, or protective structures shall be used for the dangerous
stages of the process and buildings shall be so designed as to localise any escape of toxic substances.
(2)
Catch pits, bund walls, dykes, or other suitable safeguards shall be provided to restrict the
serious effects of such leakages. Catch pits shall be placed below joints in pipelines where there is
danger involved to maintenance and other workers from such leakage.
2.
Drainage – Adequate drainage shall be provided and shall lead to collection tanks specifically
provided for this purpose wherein deleterious material shall be neutralised, treated or otherwise
rendered safe before it is discharged into public drains or sewers.
3.
Covering of vessels –
(1)
Every fixed vessel or structure containing any toxic substance and not so covered as to eliminate
all reasonable risk of accidental contact of any portion of the body of a worker, shall be so constructed
as to avoid physical contact.
(2)
Such vessel shall, unless its edge is at least 90 centimetres above the adjoining ground or
platform, be securely fenced to a height of at least 90 centimetres above such adjoining ground or
platform.
(3)
Where such vessels adjoin and the space between them, clear of any surrounding brick or other
work is either less than 45 centimetres in width or is 45 or more centimetres in width, but is not securely
fenced on both sides to a height of at least 90 centimetres, secure barriers shall be so placed as to prevent
passage between them :
Provided that sub-paragraph (2) of this paragraph shall not apply to –
(a)
saturators used in the manufacture of sulphate of ammonia; and
(b)
That part of the sides of brine evaporating pans which require raking, drawing or filling.
4.
Continuous exhaust arrangement –
(1)
Any process evolving toxic vapour, gas, fume and substance shall have efficient continuous
exhaust draught. Such arrangement shall be interlocked in the process control wherever possible.
(2)
In the event of failure of continuous exhaust arrangement means shall be provided to
automatically stop the process.
5.
Work Bench – All the work benches used in the processes involving the manipulation of toxic
substances, shall be graded properly and shall be made of smooth impervious surface which shall be
washed daily after the completion of work.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 97
6.
Waste disposal –
(1)
There shall be provided a suitable receptacle made of non-absorbable material with a tightly
fitting cover for depositing waste material soiled with toxic substances and the contents of such
receptacle shall be destroyed by burning or using other suitable methods under the supervision of a
responsible person.
(2)
During the course of manufacture, whenever any batch or intermediate products having toxicity
is rejected on considerations of quality, sufficient precautions shall be taken to render them innocuous
or otherwise treat them or inactivate them, before disposal.
(3) The empty containers of toxic substances shall be cleaned thoroughly before disposal under the
supervision of a responsible person.
(4)
PART V
Special Provisions
1.
Special precautions for Nitro or Amino Processes –
(1)
Unless the crystallised nitro or amino substances or any of its liquor is broken or agitated in a
completely enclosed process so as not to give rise to dust or fume, such process shall be carried on
under an efficient exhaust draught or by adopting any other suitable means in such a manner as to
prevent the escape of dust or fume in the working atmosphere.
(2)
No part of the plant or equipment or implements which was in contact with nitro or amino
compounds shall be repaired, or handled unless they have been emptied and thoroughly cleaned and
decontaminated.
(3)
Filling of containers with nitro or amino compounds shall be done only by using a suitable
scoop to avoid physical contact and the drying of the containers in the store shall be done in such a
manner that the hot and contaminated air from the stove is not drawn into the work room.
(4)
Processes involving the steaming into or around any vessel containing nitro or amino
compounds or its raw materials shall be carried out in such a manner that the steam or vapour is
effectively prevented to be blown back into the working atmosphere.
(5)
Suitable antidotes such as methylene blue injections shall always be available at designated
places of work for use during emergency involving the poisoning with nitro or amino compounds.
2.
Special precautions for chrome processes –
(1)
Grinding and sieving of raw materials in chrome processes shall be carried on in such a manner
and under such condition as to secure effective separation from any other processes and under an
efficient exhaust draught.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 98
(2)
There shall be washing facilities located very near to places where wet chrome processes such
as leaching, acidification, sulphate settling, evaporation, crystallisation, centrifugation or packing are
carried out, to enable quick washing of affected parts of body with running water.
(3)
Weekly inspection of hand and feet of all persons employed in chrome process shall be done
by a qualified nurse and record of such inspections shall be maintained in a form approved by the Chief
Inspector-cum-Facilitator.
(4)
There shall be always available at designated places of work suitable ointment such as
glycerine, Vaseline, etc. And water proof plaster in a separate box readily accessible to the workers so
as to protect against perforation of nasal septum.
3.
Special precautions for processes carried out in all glass vessels –
(1)
Processes and chemical reactions such as manufacture of vinyl chloride, benzyl chloride etc.
Which are required to be carried out in all glass vessels shall have suitable means like substantial wire
mesh covering to protect persons working nearby in the event of breakage of glass vessel.
(2)
Any spillage or emission of vapour from the all glass vessel due to breakage, shall be
immediately inactivated or rendered innocuous by suitable means such as dilution with water or suitable
solvents so as to avoid the risks of fire or explosion or health hazards.
4.
Special precautions for processes involving chlorate manufacture –
(1)
Crystallisation, grinding or packing of chlorate shall not be done in a place used for any other
purpose and such places shall have hard, smooth and impervious surface made of non-combustible
material. The place shall be thoroughly cleaned daily.
(2)
The personal protective equipment likes overall, etc. Provided for the chlorate workers shall
not be taken from the place of work and they shall be thoroughly cleaned daily.
(3)
Adequate quantity of water shall be available near the place of chlorate process for use during
fire emergency.
(4)
Wooden vessels shall not be used for the crystallisation of chlorate or to contain crystallised
ground chlorate.
5.
Special precautions in the use of plant and equipment made from reinforced plastics –
(1)
All plant and equipment shall conform to appropriate Indian or any other National Standard.
(2)
Care shall be taken during storage, transport, handling and installation of plant and equipment
to avoid accidental damage.
(3)
All plant and equipment shall be installed in such a way as to ensure that loads are distributed
as intended in design or as per the recommendations of the manufacture.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 99
(4)
All pipe work shall be supported so that total loads local to the branches on the vessel or tank
do not exceed their design values.
(5)
After erection all plant and equipment shall be subjected to a pressure test followed by a
thorough examination by a competent person. The test and examination shall be as per relevant
Standard. A certificate of test and examination by a competent person shall be obtained and kept
available at site.
(6)
All plant and equipment shall be subjected to periodical test and examination and record
maintained as per Paragraph 15 in Part II of this Schedule
(7)
Plant and equipment during their use shall not be subjected to over filling or overloading beyond
rated capacity.
PART VI
Medical Requirements
1.
Decontamination facilities – In all places where toxic substances are used in processes listed in
Appendix `A’ the following provisions shall be made to meet an emergency:
(a)
fully equipped first aid box;
(b)
readily accessible means of drenching with water persons, parts of body of persons, and
clothing of persons who have been contaminated with such toxic and corrosive substances, and such
means shall be as shown in the Table below:-
(c)
a sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in
boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be
visible at all times.
2.
Occupational health Centre – In all the factories carrying out processes covered in Appendix
`A’ there shall be provided and maintained in good order an occupational health centre with facilities
as per scale laid down hereunder
(1)
For factories employing up to fifty workers –
(a)
the services of a qualified medical practitioner shall be available on a retainer ship basis, in his
notified clinic near to the factory for seeking medical help during emergency. He will also carry out the
pre-employment and periodical medical examinations as stipulated in paragraph 4 of this Part.
No. of persons employed at any time
No. of drenching showers
Upto 50 persons
2
Between 51 to 100
3
101 to 200
3 + 1 for every 50 persons thereafter
201 to 400
5 + 1 for every 100 persons thereafter
401 and above
7 + 1 for every 200 persons thereafter
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 100
(b)
A minimum of five persons trained in first aid procedures, amongst whom at least one shall
always be available during the working period.
(c)
A fully equipped first aid box.
(2)
For factories employing 51 to 200 workers –
(a)
The occupational health centre shall have a room having a minimum floor area of 15 sq.m.,
with floors and walls made of smooth, hard and impervious surface and shall be adequately illuminated,
ventilated and equipped.
(b)
A part-time Qualified Medical Practitioner will be in over all charge of the Centre who
shall visit the factory minimum twice in a week and whose services shall be readily
available during emergencies.
(c)
There shall be one qualified and trained dresser-cum-compounder on duty throughout
the working period.
(d)
A fully equipped first aid box.
(3)
For factories employing above 200 workers –
(a)
There shall be one full-time Qualified Medical Practitioner for factories employing upto 500
workers and one more medical officer for every 1000 workers or part thereof.
(b)
The occupational health centre in this case shall have a minimum of 2 rooms each having a
minimum floor area of 15 sq.m. with floors and walls made of smooth, hard and impervious surface
and shall be adequately illuminated, ventilated and equipped.
(c)
There shall be one trained nurse, one dresser-cum-compounder and one sweeper-cum-ward boy
throughout the working period.
(d)
The Occupational Health Centre in this case shall be suitably equipped to manage medical
emergencies.
3.
Ambulance van –
(1)
In every factory carrying out processes covered in Appendix `A’, there shall be provided and
maintained in good condition, a suitably constructed and fully equipped ambulance van as per Appendix
`C’ manned by a full-time driver-cum mechanic and a helper, trained in first aid for the purposes of
transportation of serious cases of accidents or sickness unless arrangements for procuring such facility
at short notice during emergencies have been made with the nearby hospital or other places. The
ambulance van shall not be used for any purpose other than the purpose stipulated herein and will always
be available near the Occupational Health Centre.
(2)
The relaxation to procure Ambulance Van from nearby places provided for in sub para (1)
above will not be applicable to factories employing more than 500 workers.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 101
4.
Medical examination –
(1)
Workers employed in processes covered in Appendix `A’ shall be medically examined by
Medical Officer in the following manner –
i.
Once before employment, to ascertain physical suitability of the person to do the particular job;
ii.
Once in a period of 6 months, to ascertain the health status of the worker, and
iii The details of pre-employment and periodical medical examinations carried out as aforesaid shall be
recorded in the prescribed Form-40 and 44.
(2)
Any finding of the Medical Officer revealing any abnormality or unsuitability of any person
employed in the process shall immediately be reported to the Medical officer who shall in turn, examine
the concerned workers and communicate his findings within 30 days. If the Medical officer is of the
opinion that the person so examined is required to be suspended from the process for health protection
he will direct the occupier accordingly, who shall not employ the said worker in the same process.
However, the person so suspended from the process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer, in which case the person affected
shall be suitably rehabilitated :
Provided that the Medical officer on his own may examine any other worker whom he feels necessary
to be examined for ascertaining the suitability of his employment in the process covered in Appendix
`A’ or for ascertaining the health status of any other worker and his opinion shall be final.
(3)
No person shall be newly appointed without the Certificate of Fitness granted by the Medical
Officer. If the Medical Officer declares a person unfit for being appointed to work in the process covered
in Appendix `A’, such person shall have a right of appeal to the Medical officer, whose opinion shall
be final in this regard.
(4)
The worker suspended from the process owing to the circumstances covered in sub-paragraph
(2) shall be employed again in the same process only after obtaining the Fitness Certificate from the
Medical officer and after making entries to that effect in the health register.
PART VII
Additional Welfare Amenities
1.
Washing facilities –
(1)
There shall be provided and maintained in every factory for the use of all the workers taps for
washing, at the rate of one every 15 persons including liquid soap in a container with tilting
arrangements and nail brushes or other suitable means for effective cleaning. Such facilities shall be
conveniently accessible and shall be kept in a clean and hygienic condition.
(2)
If washing facilities as required above are provided for women, such facilities shall be separate
for them and adequate privacy at all times shall be ensured in such facilities.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 102
2.
Mess room facilities –
(1)
The occupier of all the factories carrying out processes covered in Appendix `A’ and employing
50 workers or more, shall provide for all the workers working in a shift mess room facilities which are
well ventilated and provided with tables and sitting facilities along with the provision of cold and
hygienic drinking water facilities.
(2)
Such facilities shall include suitable arrangements for cleaning and washing and shall be
maintained in a clean and hygienic condition.
3.
Cloakroom facilities –
(1)
The occupier of every factory carrying out any process covered in Appendix `A’ shall provide
for all the workers employed in the process cloak room facilities with lockers. Each worker shall be
provided with two lockers, one for work clothing and another separately for personal clothing and the
lockers should be such as to enable the keeping of the clothing in a hanging position.
(2)
The cloak room facilities provided in pursuance of sub-para (1) shall be located as far as
possible near to the facilities provided for washing in pursuance of para 1(1). If it is not possible to
locate the washing facilities the cloakroom facilities shall have adequate and suitable arrangements for
cleaning & washing.
4.
Special bathing facilities –
(1)
The occupier of any factory carrying out the process covered under Appendix `B’ shall provide
special bathing facilities for all the workers employed and such facilities shall be provided at the rate of
1 for 25 workers or less workers than 25 workers, and shall be maintained in a clean and hygienic
condition.
(2)
The occupier shall insist all the workers employed in the processes covered in Appendix `B’ to
take bath after the completion of the day’s or shift work using the bathing facilities so provided and
shall also effectively prevent such of those workers taking bath in any place other than the bathing
facilities.
(3)
Notwithstanding anything contained in sub-para (1) above, the Chief Inspector-cum-Facilitator
may require in writing the occupier of any factory carrying out any other process for which his opinion
bathing facilities are essential from the health point of view, to provide special bathing facilities.
PART VIII
1. Duties of workers –
(1)
Every worker employed in the processes covered in Appendix ‘A’ and Appendix ‘B’ shall not
make safety device or appliance or any guarding or fencing arrangement, inoperative or defective and
shall report the defective condition of the aforesaid arrangements as soon as he is aware of any such
defect.
(2)
Before commencing any work, all workers employed in processes covered in Appendix ‘A’
shall check their workplace as well as the machinery, equipment or appliance used in the processes and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 103
report any mal-function or defect immediately to the supervisor or any responsible person of the
management.
(3)
All workers shall co-operate in all respects with the management while carrying out any work
or any emergency duty assigned to them in pursuance of this schedule and shall always use all the
personal protective equipment issued to them in a careful manner.
(4)
All workers employed in the processes covered in Appendix `A’ or Appendix `B’ shall not
smoke in the process area or storage area. If special facilities are provided by the management only such
facilities should be used.
(5)
All workers employed in the processes covered in Appendix `A’ shall not remain an
unauthorised place or carry cut unauthorised work or improvise any arrangement or adopt short out
method or misuse any of the facilities provided in pursuance of the Schedule, in such a manner as to
cause risk to themselves as well as or to others employed.
(6)
The workers shall not refuse undergoing medical examination as required under these rules.
PART IX
Restrictions on the employment of pregnant Women and Adolescent
(1)
The Chief Inspector-cum-Facilitator may by an order in writing, restrict or prohibit the
employment of pregnant women and adolescent , in any of the processes covered in Appendix `A’ of
this schedule on considerations of health and safety of women and young persons.
(2)
Such persons who are restricted or prohibited from working in the process due to the order
issued in pursuance of sub-para (1) above shall be provided with alternate work which is not detrimental
to their health or safety.
PART X
Exemptions
(1)
Power of exemption – The UT Administration or subject to the control of the UT
Administration, the Chief Inspector-cum-Facilitator may exempt from the compliance with any of the
requirements of this Schedule partly or fully, any factory carrying out processes covered in Appendix
`A’, if it is clearly and satisfactorily established by the occupier that the compliance with any of the
requirement is not necessary to ensure the safety and health of persons employed suitable and effective
alternate arrangements are available to any of the requirements covered in this schedule.
Appendix `A’
Any works or that part of works in which –
(a)
the manufacture, manipulation or recovery of any of the following is carried on :-
(i)
sodium, potassium, iron, aluminium, cobalt, nickel, copper, arsenic, antimony, chromium, zinc,
selenium, magnesium, cadmium, mercury, beryllium and their organic and inorganic salts, alloys,
oxides and hydroxides;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 104
(ii)
ammonia, ammonium hydroxide and salts of ammonium;
(iii)
the organic or inorganic compounds of sulphurous, sulphuric, nitric, nitrous, hydrochloric,
hydrofluoric, hydriodic, hydro sulphuric, hydrobromic, boric;
(iv)
cyanogens compounds, cyanide compounds, cyanate compounds;
(v)
phosphorous and its compounds other than oregano phosphorus insecticides.
(vi)
chlorine
(b)
hydrogen sulphide is evolved by the decomposition of metallic sulphides, or hydrogen sulphide
is used in the production of such sulphides;
(c)
bleaching powder is manufactured or chlorine gas is produced in chlor-alkali plants;
(d)
(i) gas tar or coal tar or bitumen or shale oil asphalt or any residue of such tar is distilled or is
used in any process of chemicals manufacture;
(ii) tar based synthetic colouring matters or their intermediates are produced;
(e)
nitric acid is used in the manufacture of nitro compounds;
(f)
explosives are produced with the use of nitro compounds;
(g)
aliphatic or aromatic compounds or their metallic and non-metallic derivatives or substituted
derivatives, such as chloroform, ethylene glycol, formaldehyde, benzyl chloride, phenol, methyl ethyl
keystone peroxide, cobalt carbonyl, tungsten carbide etc. Are manufactured or recovered.
Appendix `B’
Concerning Special Bathing Accommodation in pursuance of Para 4 of Part IV
1.
Nitro or amido processes
2.
All chrome processes
3.
Processes of distilling gas or coal tar or processes of chemical manufacture in which tar is used
4.
Processes involving manufacture, manipulation, handling or recovery of cyanogens compound,
cyanide compound, cyanate compounds
5.
Processes involving manufacture of bleaching powder or production of chlorine gas in chlor
alkali plants
6.
Manufacture, manipulation or recovery of nickel and its compounds
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 105
7.
All processes involving the manufacture, manipulation or recovery of aliphatic or aromatic
compounds or their derivatives or substituted derivatives.
Appendix `C’
Ambulance should have the following equipment:
General :
•
An wheeled stretcher with folding and adjusting devices; Head of the stretcher must be capable
of being tilted upward;
•
Fixed suction unit with equipment;
•
Fixed oxygen supply with equipment;
•
Pillow with case;
•
Sheets;
•
Blankets;
•
Towels;
•
Emesis bag;
•
Bed pan;
•
Urinal;
•
Glass
Safety equipment :
•
Flares with life of 30 minutes
•
Flood lights;
•
Flash lights;
•
Fire extinguisher dry powder type;
•
Insulated gauntlets.
Emergency care equipment :-
Resuscitation :
•
Portable suction unit;
•
Portable oxygen unit;
•
Bag-valve-mask, hand operated artificial ventilation unit;
•
Airways;
•
Mouth gags;
•
Tracheostomy adapters;
•
Short spine board;
•
I.V. Fluids with administration unit;
•
B.P. manometer;
•
Cugg;
•
Stethoscope
Immobilisation
•
Long & short padded boards;
•
Wire ladder splints;
•
Triangular bandage;
•
Long & short spine boards.
Dressings :
•
Gauze pads – 4” x 4” ;
•
Universal dressing 10” x 36” ;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 106
•
Roll of aluminium foils;
•
Soft roller bandages 6” x 5 yards;
•
Adhesive tape in 3” roll;
•
Safety pins;
•
Bandage sheets;
•
Burn sheet.
Poisoning :
•
Syrup of Ipecac; } } Pre packeted in doses
•
Activated charcoal; }
•
Snake bite kit;
•
Drinking water.
Emergency Medicines:
•
As per requirement (under the advice of Medical Officer only)
SCHEDULE – XII
MANUFACTURE OF POTTERY
1
Definitions – For the purposes of this schedule –
(a)
“pottery” includes earthenware, stoneware, porcelain, china tiles, and any other articles made
from such clay or from a mixture containing clay and other materials such as quartz, flint, feldspar, and
gypsum;
(b)
“efficient exhaust draught” means localised ventilation effected by mechanical or other means
for removal of dust or fume so as to prevent it from escaping into air of any place in which work is
carried on. No draught shall be deemed efficient which fails to remove effectively dust or fume
generated at the point where dust or fume originates;
(c)
“fettling” includes scalloping, towing, sand papering, sand sticking, brushing or any other
process of cleaning of pottery ware in which dust is given off;
(d)
“leadless glaze” means a glaze which does not contain more than one per cent of its dry weight,
of a lead compound calculated as lead monoxide;
(e)
“low solubility glaze” means a glaze which does not yield to dilute hydrochloric acid more than
five per cent of its dry weight, of a soluble lead compound calculated as lead monoxide when determined
in the manner described below :
A weighed quantity of the material which has been dried at 100 degrees centigrade and thoroughly
mixed shall be continuously shaken for one hour at the common temperature with 1000 times its weight
of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride.
This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained
in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphide;
(f)
“ground or powdered flint or quartz” does not include natural sands; and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 107
(g)
“potter’s shop includes all places where pottery is formed by pressing or by any other process
and all places where shaping, fettling or other treatment of pottery articles prior to placing for the biscuit
fire is carried on.
2.
Efficient exhaust draught – (1) The following processes shall not be carried on without the use
of an efficient exhaust draught –
(a)
all processes involving the manipulation or use of a dry and un fritted lead compound;
(b )
the fettling operations of any kind, whether on green ware or biscuit, provided that this shall
not apply to the wet fettling, and to the occasional finishing of pottery articles without the aid of
mechanical power;
(c)
the shifting of clay dust or any other material for making tiles or other articles or other articles
by pressure, except where –
(i)
this is done in an machine so enclosed as to effectually prevent the escape of dust; or
(ii)
the material to be shifted is so damp that no dust can be given off;
(d)
the pressing of tiles from clay dust, an exhaust opening being connected with each press, and
pressing from clay dust of articles other than tiles, unless the material is so damp that no dust is given
off;
(e)
the fettling of tiles made from clay dust by pressure, except where the fettling is done wholly
on, or with, damp material, and fettling of other articles made from clay dust, unless the material is so
damp that no dust is given off;
(f)
the process of loading and unloading of saggars where handling and manipulation of ground
and powdered flint, quartz, alumina or other materials are involved;
(g)
the brushing of earthenware biscuit, unless the process is carried on in a room provided with
efficient general mechanical ventilation or other ventilation which is certified by the Inspector-cum-
Facilitator as adequate having regard to all the circumstances of the case;
(h)
fettling of biscuit ware which has been fired in powdered flint or quartz except where this is
done in machines so enclosed as to effectually prevent the escape of dust;
(i)
Ware cleaning after the application of glaze by dipping or other process;
(j)
crushing and dry grinding of materials for pottery bodies and saggars, unless carried on in
machines so enclosed as to effectively prevent the escape of dust or is so damp that no dust can be given
off;
(k)
sieving or manipulation of powdered flint, quartz, clay grog or mixture of these materials unless
it is so damp that no dust can be given off;
(l)
grinding of tiles on a power driven wheel unless an efficient water spray is used on the wheel;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 108
(m)
lifting and conveying of materials by elevators and conveyors unless they are effectively
enclosed and so arranged as to prevent escape of dust into the air in or near to any place in which persons
are employed;
(n)
preparation or weighing out of flow material, lawning of dry colours, colour dusting and colour
blowing;
(o)
mould making unless the bins or similar receptacles used for holding plaster of paris are
provided with suitable covers; and
(p)
manipulation of calcined material unless the material has been made and remains so wet that
no dust is given off.
(2)
(i) All equipment for the extraction or suppression of dust shall at least once in every six
months be examined and tested by competent person, and any defect disclosed by such examination
and test shall be rectified as soon as practicable.
(ii) A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise
3
Carrying of process- Each of the following processes shall be carried on in such a manner and
under conditions so as to secure effectual separation from one another and from another processes;
(a)
crushing and dry grinding or sieving of materials, fettling, pressing of tiles, drying of clay and
green ware, loading and unloading saggers
(b)
all processes involving use of dry lead compound
4
Use of glaze – No glaze which is not a leadless glaze or a low solubility glaze shall be used in
a factory in which pottery is manufactured.
5.
Prohibition relating to pregnant women and Adolescent - No pregnant woman or adolescent
shall be employed or permitted to work in any of the operations specified in clause 2 or at any place
where such operations are carried on.
6.
Potter’s wheel. – The potter’s wheel (Jolly and Jigger) shall be provided with screens or so
constructed as to prevent clay scrapings being thrown off beyond the wheel.
7.
Measures to be taken to prevent dust flowing:-
(1)
All practical measures shall be taken by damping or otherwise to prevent dust arising during
cleaning of floors.
(2)
Damp saw-dust or other suitable material shall be used to render the moist method effective in
preventing dust rising into the air during the cleaning process which shall be carried out after work has
ceased.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 109
8.
Cleaning of Floors :- The floors of potter’s shops, slip houses, dipping houses and ware cleaning
rooms shall be hard, smooth and impervious and shall be thoroughly cleaned daily by an adult male
using a moist method.
9.
Medical examination by Medical officer –
(1)
Every worker employed in any process mentioned under paragraph 3, shall be examined by a
Medical officer within 15 days of his first employment. Such examination shall include tests for lead in
urine and blood, ALA in urine, haemoglobin content, stippling of cells and. No worker shall be allowed
to work after 15 days of his first employment in the factory unless certified fit for such employment by
the Medical officer.
(2)
All persons employed in any of the processes included under subparagraphs 3(a) and 3(n) shall
be examined by a Medical officer once in every 3 calendar months. Those employed in any other
processes mentioned in the remaining sub-paragraphs of paragraph 3 shall be examined by a Medical
officer one in every 12 calendar months. Such examinations in respect of all the workers shall include
all the tests as specified in sub-paragraph (1) except chest X-ray which will be once in 3 years.
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator. If at any time the Medical officer is of the opinion that a worker is no
longer fit for employment in the said process on the ground that continuance there in would involve
special danger to the health of the worker he shall make a record of his findings in the said Certificate
and the health register. The entry of his findings in these documents should also include the period for
which he considers that the said person is unfit for work in the said processes. The person so suspended
from the process shall be provided with alternate placement facilities unless he fully is incapacitated in
the opinion of the Medical officer, in which case the person affected shall be suitably rehabilitated.
(5)
No person who has been found unfit to work as said in sub-paragraph above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes
10.
Protective equipment –
(1)
The occupier shall provide and maintain suitable overalls and hand coverings for all persons
employed in process included under paragraph 3.
(2)
The occupier shall provide and maintain suitable aprons of a of a waterproof or similar material,
which can be sponged daily, for the use of the dippers, dippers assistants, throwers, jolly workers,
casters, mould makers and filter press and pug mill workers.
(3)
Aprons provided in pursuance of paragraph 10(2) shall be thoroughly cleaned daily by the
wearers by sponging or other wet process. All overalls and head coverings shall be washed, cleaned and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 110
mended at least once a week, and this washing, cleaning or mending shall be provided for by the
occupier.
(4)
No person shall be allowed to work in emptying sacks of dust materials, weighing out and
mixing of dusty materials and charging of ball mills and plungers without wearing a suitable and
efficient dust respirator.
11.
Washing facilities –
(1)
The occupier shall provide and maintain, in a clean state and in good repair for the use of all
persons employed in any of the processes specified in paragraph 3
(a)
a wash place under cover, with either –
(i)
a trough with a smooth impervious surface fitted with a waste pipe without plug, and of
sufficient length to allow of at least one feet for every five such persons employed at any one time, and
having a constant supply of clean water from taps or jets above the trough at intervals of not more than
two minutes; or
(ii)
at least one tap or stand pipe for every five such persons employed at any one time, and having
a constant supply of clean water, the tap or stand pipe being spaced not less than 1.20 metres apart; and
(b)
a sufficient supply of clean towels made of suitable materials changed daily, with a sufficient
supply of soap and nail brushes.
12.
Time allowed for washing – Before each meal and before the end of the day’s work, at least ten
minutes, in addition to the regular meal times, shall be allowed for washing to each person employed
in any of the processes mentioned in paragraph 2.
13.
Mess room –
(1)
There shall be provided and maintained for use of all persons remaining within the premises
during the rest intervals, a suitable mess room providing accommodation of 0.93 square meter per head
and furnished with –
(a)
a sufficient number of tables and chairs or benches with back rest;
(b)
arrangements for washing utensils;
(c)
adequate means for warming food; and
(d)
adequate quantity of drinking water.
(2)
The room shall be adequately ventilated by the circulation of fresh air and placed under the
charge of a responsible person and shall be kept clean.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 111
14.
Food, drinks, etc. Prohibited in workrooms – No food, drink, pan and supari or tobacco shall
be brought into, or consumed by any worker in any workroom in which any of the processes mentioned
in paragraph 3 are carried on and no person shall remain in any such room during intervals for meals or
rest.
15.
Cloakrooms etc – There shall be provided and maintained for the use of all persons employed
in any of the processes mentioned in paragraph 2.
(a)
a cloakroom for clothing put off during working hours and such accommodation shall be
separate from any mess room; and
(b)
Separate and suitable arrangements for the storage of protective equipment provided under
paragraph 11
16.
Applications – These provisions shall not apply to a factory in which any of the following
articles, but no other pottery, are made :-
(a)
unglazed or salt glazed bricks and tiles; and
(b)
Architectural terra-cotta made from plastic clay and either unglazed or glazed with a leadless
glaze only.
17.
Exemption – If in respect of any factory the Chief Inspector-cum- Facilitator is satisfied that all
or any of the provisions of this schedule are not necessary for the protection of the persons employed
in such factory, he may by a certificate in writing exempt such factory from all or any of such provisions,
subject to such conditions as he may specify therein. Such certificate may at any time be revoked by
the Chief Inspector-cum-Facilitator without assigning any reasons.
SCHEDULE – XIII
COMPRESSION OF OXYGEN AND HYDROGEN PRODUCED BY ELECTROLYSIS OF
WATER
1.
Location of electrolyte plant – The room in which electrolysis plant is installed shall be separate
from the plant for storing and compressing the oxygen and hydrogen and also the electric generator
room.
2.
Testing of purity – (1)The purity of oxygen and hydrogen shall tested by a competent person at
least once in every shift at the following posts:-
(a)
in the electrolysis room;
(b)
at the gas holder inlet; and
(c)
at the suction and of the compressor.
(2)
The purity figures shall be entered in a register and signed by the persons carrying out such test:
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 112
Provided, however, that if the electrolysis plant is fitted with automatic recorder of purity of oxygen
and hydrogen with alarm lights, it shall be sufficient if the purity of gases is tested at the suction and of
the compressor only.
3.
Restriction as to the compression – The oxygen and hydrogen gases shall not be compressed if
their purity as determined under paragraph 2 above falls below 98%at any time.
4.
Provision of negative pressure switch – In addition to the limit switch in the gasholder, a
sensitive negative pressure switch shall be provided in or adjacent to the suction main for hydrogen
close to the gas holder and between the gas holder and the hydrogen compressor to switch off the
compressor motor in the event of the gas holder being emptied to the extent as to cause vacuum.
5.
Switch for gas holder – The bell of any gas holder shall not be permitted to go within the 30
centimetres of its lowest position when empty and a limit switch shall be fitted to the gas holder in such
a manner as to switch off the compressor motor when the limit is reached.
6.
Purity of caustic soda – The water, caustic soda and caustic potash used for making lye shall be
of standards suitable for electrolysis.
7.
Precautions against reversal of polarity – Electrical connections at the electrolyser cells and at
the electric generator terminals shall be so constructed as to preclude the possibility of wrong
connections leading to the reversal of polarity and in addition an automatic device shall be provided to
cut off power in the event of reversal of polarity owing to wrong connections either at the switch board
or at the electric generator terminals.
8.
Colouring of gas pipes – Oxygen and hydrogen gas pipes shall be painted with distinguishing
colours. Whenever an Hydrogen pipe is opened for repair or any other work, on reconnection the pipe
shall be purged of all air before hydrogen is allowed to pass through that pipe.
9.
Use of flameproof fittings – All electrical wiring and apparatus in the electrolyser room shall
be of flameproof construction or enclosed in flameproof fittings and no naked light or flame shall be
allowed to be taken either in the electrolyser room or where compression and filling of the gases is
carried on and such warning notices shall be exhibited in prominent places.
10.
Prohibition of hot work – No part of the electrolyser plant and the gas holders and compressor
shall be subjected to welding, brazing, soldering or cutting until steps have been taken to remove any
explosive substance from that part and render the part safe for such operations and after the completion
of such operations no explosive substance shall be allowed to enter that part until the metal has cooled
sufficiently to prevent risk of explosion.
11.
Repair, etc. to be done under supervision – No work or operations, repair or maintenance shall
be undertaken except under the direct supervision of a person who, by his training, experience and
knowledge of the necessary precautions against risk of explosion is competent to supervise such work.
No electric generator after erection or repairs shall be switched on/the electrolysers unless the same is
certified by the competent persons under whose direct supervision erection or repairs are carried on to
be in a safe condition and the terminals have been checked for the polarity as required by paragraph 7.
12.
Checking of plant – Every part of the electrolysis plant and the gas holders and compressor
shall have a regular schedule of overhaul and checking and every defect noticed shall be rectified
forthwith.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 113
SCHEDULE – XIV
MANIPULATION OF STONE OR ANY OTHER MATERIAL CONTAINING FREE SILICA
1.
Application – This schedule shall apply to all factories or parts of factories in which
manipulation of stone or any other material containing free silica is carried on.
2.
Definitions- For the purpose of this Schedule –
(a)
“manipulation” means crushing, breaking, chipping, dressing, grinding, sieving, mixing,
grading or handling of stone or any other material containing free silica or any other operation involving
such stone or material;
(b)
“Stone or any other material containing free silica” means a stone or any other solid material
containing not less than 5% by weight of free silica.
3.
Precautions in manipulation- No manipulation shall be carried out in a factory or part of a
factory unless one or more of the following measures, namely
(a)
damping the stone or other material being processed,
(b)
providing water spray,
(c)
enclosing the process,
(d)
isolating the process, and
(e)
providing localised exhaust ventilation are adopted so as to effectively control the dust in any
place in the factory where any person is employed, at a level equal to or below the maximum permissible
level for silica dust as laid down in Table 2 appended to Rule-131
Provided that such measures as above said are not necessary if the process or operation itself is such
that the level of dust created and prevailing does not exceed the permissible level referred to above.
4.
Maintenance of floors-
(1)
All floors or places where fine dust is likely to settle on and whereon any person has to work
or pass shall be of impervious material and maintained in such condition that they can be thoroughly
cleaned by a moist method or any other method which would prevent dust being airborne in the process
of cleaning.
(2)
The surface of every floor of every work room or place where any work is carried on or where
any person has to pass during the course of his work, shall be cleansed of dust once at least during each
shift after being sprayed with water or by any other suitable method so as to prevent dust being airborne
in the process of cleaning.
5.
Prohibition relating to pregnant and Adolescent - No adolescent shall be employed or permitted
to work in any of the operations involving manipulation or at any place where such operations are
carried out.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 114
6.
Medical examination by Medical officer –
(1)
Every worker employed in the processes specified in paragraph 1, shall be examined by a
Medical officer within 15 days of his first employment. Such medical examination shall include tests
for lead in urine and blood. ALA in urine, haemoglobin content, stippling of cells and steadiness test.
No worker shall be allowed to work after15 days of his first employment in the factory unless certified
fit for such employment by the Medical officer.
(2)
Every worker employed in the said processes shall be re-examined by a Medical officer at least
once in every twelve months. Such re-examination shall, wherever the Medical officer considers
appropriate, include all the tests as specified in subparagraph(1) except chest X-ray which will be once
in 3 years.
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraphs (1) and (2),including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said process on the ground that continuance therein would involve special danger to the health of
the worker he shall make a record of his findings in the said Certificate and the health register. The
entry of his findings in these documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he fully is incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
8.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or in frequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for protection of the workers in the factory, the
Chief Inspector-cum-Facilitator may by a certificate in writing, which he may in his discretion revoke
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XV
HANDLING AND PROCESSING OF ASBESTOS, MANUFACTURE OF ANY ARTICLE
OF ASBESTOS AND ANY OTHER PROCESS OF MANUFACTURE OR OTHERWISE
IN WHICH ASBESTOS IS USED IN ANY FORM.
1.
Application – This schedule shall apply to all factories or parts of factories in which any of the
following processes is carried on :-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 115
(a)
breaking, crushing, disintegrating, opening, grinding, mixing or sieving of asbestos and any
other processes involving handling and manipulation of asbestos incidental thereto;
(b)
all processes in the manufacture of asbestos textiles including preparatory and finishing
processes;
(c)
making of insulation slabs or sections, composed wholly or partly of asbestos, and processes
incidental thereto;
(d)
making or repairing of insulating mattresses, composed wholly or partly of asbestos, and
processes incidental thereto;
(e)
manufacture of asbestos cardboard and paper;
(f)
manufacture of asbestos cement goods;
(g)
application of asbestos by spray method;
(h)
sawing, grinding, turning, abrading and polishing in dry state of articles composed wholly or
partly of asbestos;
(i)
cleaning of any room, vessel, chamber, fixture or appliance for the collection of asbestos dust;
and
(j)
Any other processes in which asbestos dust is given off into the work environment.
2.
Definition – For the purpose of this Schedule –
(a)
“asbestos” means any fibrous silicate mineral and any admixture containing actionlite, amosite,
anthophyllite, dhrysotile, crocidolite, tremolite or any mixture thereof, whether crude, crushed or
opened;
(b)
“asbestos textiles” means yarn or cloth composed of asbestos or asbestos mixed with any other
material;
(c)
“approved” means approved for the time being in writing by the Chief Inspector-cum-
Facilitator;
(d)
“breathing apparatus” means a helmet or face piece with necessary connection by means of
which a person using it breathes air free from dust, or any other approved apparatus;
(e)
“Efficient exhaust draught” means a localised ventilation by mechanical means for the removal
of dust so as to prevent dust from escaping into air of any place in which work is carried on. No draught
shall be deemed to be efficient which fails to control dust produced at the point where such dust
originates;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 116
(f)
“preparing” means crushing, disintegrating, and any other processes in or incidental to the
opening of asbestos;
(g)
“Protective clothing” means overalls and head covering, which (in either case) will when worn
exclude asbestos dust.
3.
Tools and equipment – Any tools or equipment used in processes to which this schedule applies
shall be such that they do not create asbestos dust above the permissible limit or are equipped with
efficient exhaust draught.
4.
Exhaust draught –
(1)
An efficient exhaust draught shall be provided and maintained to control dust from the
following processes and machines:
(a)
manufacture and conveying machinery namely –
(i)
preparing, grinding, or dry mixing machines;
(ii)
carding, card waste and ring spinning machines, and looms;
(iii)
machines or other plant fed with asbestos;
(iv)
machines used for the sawing, grinding, turning, drilling, abrading or polishing; in the dry state,
of articles composed wholly or partly of asbestos;
(b)
cleaning, and grinding of the cylinders or other parts of a carding machine;
(c)
chambers, hoppers or other structures into which loose asbestos is delivered or passes;
(d)
work-benches for asbestos waste sorting or for other manipulation or asbestos by hand;
(e)
workplaces at which the filling or emptying of sacks, skips or other portable containers,
weighing or other process incidental thereto which is effected by hand, is carried on;
(f)
sack cleaning machines;
(g)
mixing and blending of asbestos by hand; and
(h)
any other process in which dust is given off into the work environment.
(2)
Exhaust ventilation equipment provided in accordance with sub-paragraph
(1)
shall, while any work of maintenance or repair to the machinery, apparatus or other plant or
equipment in connection with which it is provided is being carried on, be kept in use so as to produce
an exhaust draught which prevents the entry of asbestos dust into the air of any work place.
(3)
Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus being
drawn into the air of any workroom.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 117
(4)
The asbestos bearing dust removed from any workroom by the exhaust system shall be collected
in suitable receptacles or filter bags which shall be isolated from all work areas.
5.
Testing and examination of ventilating systems –
(1)
All ventilating systems used for the purpose of extracting or suppressing dust as required by
this schedule shall be examined and inspected once every week by responsible person. It shall be
thoroughly examined and tested by a competent person once in every period of 12 months. Any defects
found by such examinations or test shall be rectified forthwith.
(2)
A register in Form-42 containing particulars of such examination and tests and the state of the
plant and the repairs or alternations (if any) found to be necessary shall be kept electronically or
otherwise and shall be available for inspection by an Inspector-cum-Facilitator.
6.
Segregation in case of certain process – Mixing or blending of asbestos by the hand, or making
or repairing of insulating mattresses composed wholly or partly of asbestos shall not be carried on in
any room in which any other work is done.
7.
Storage and distribution of loose asbestos –
All loose asbestos shall while not in use be kept in suitable closed receptacles which prevent the escape
of asbestos dust threrefrom and such asbestos shall not be distributed in the factory except in such
receptacles or in totally enclosed system of conveyance.
8.
Asbestos sacks
(1)
All sacks used as receptacles for the purpose of transport of asbestos within the factory shall be
constructed of impermeable materials and shall be kept in good repair.
(2)
A sack which has contained asbestos shall not be cleaned by hand beating but by a machine,
complying with paragraph 4.
9.
Maintenance of floors and workplaces –
(1)
In every room in which any of the requirements of this schedule apply –
(a)
the floors, work-benches, machinery and plant shall be kept in a clean state and free from
asbestos debris and suitable arrangements shall be made for the storage of asbestos not immediately
required for use; and
(b)
the floors shall be kept free from any materials, plant or other articles not immediately required
for the work carried on in the room, which would construct the proper cleaning of the floor.
(2)
The cleaning as mentioned in sub-rule (1) shall so for as is practicable, as carried out by means
of vacuum cleaning equipment so designed and constructed and so used that asbestos dust neither
escapes nor is discharged into the air of any work place.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 118
(3)
When the cleaning is done by any method other than that mentioned in subparagraph (2), the
persons doing cleaning work and any other person employed in that room shall be provided with
respiratory protective equipment and protective clothing.
(4)
The vacuum cleaning equipment used in accordance with provisions of subparagraph(2), shall
be properly maintained and after each cleaning operation, its surfaces kept in a clean state and free from
asbestos waste and dust.
(5)
Asbestos waste shall not be permitted to remain on the floors or other surfaces at the work place
at the end of the working shift and shall be transferred without delay to suitable receptacles. Any spillage
of asbestos waste occurring during the course of the work at any time shall be removed and transferred
to the receptacles maintained for the purpose without delay.
10.
Breathing apparatus and protective clothing –
(1)
An approved breathing apparatus and protective clothing shall be provided and maintained in
good conditions for use of every person employed –
(a)
in chambers containing loose asbestos;
(b)
in cleaning, dust settling or filtering chambers of apparatus;
(c)
in cleaning the cylinders, including the defer cylinders, or other parts of a carding machine by
means of hand-strikes;
(d)
in filling, beating , or levelling in the manufacture or repair of insulating mattresses; and
(e)
in any other operation or circumstances in which it is impracticable to adopt technical means to
control asbestos dust in the work environment within the permissible limit.
(2)
Suitable accommodation in conveniently accessible position shall be provided for the use of
persons when putting on or taking off breathing apparatus and protective clothing provided in
accordance with this rule and for the storage of such apparatus and clothing when not in use.
(3)
All breathing apparatus and protective clothing washing not in use shall be stored in the
accommodation provided in accordance with sub-rule (2) above.
(4)
All protective clothing in use shall be de-dusted under an efficient exhaust draught or by
vacuum cleaning and shall be washed at suitable intervals. The cleaning schedule and procedure should
be such as to ensure the efficiency in protective the wearer.
(5)
All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly
inspected once every month by a responsible person.
(6)
A record of the cleaning and maintenance and of the condition of the breathing apparatus shall
be maintained in a register provided for that purpose which shall be readily available for inspection by
an Inspector-cum-Facilitator.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 119
(7)
No person shall be employed to perform any work specified in sub- paragraph (1) for which
breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully
instructed in the proper use of that equipment.
(8)
No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a
person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last
being worn and the person has been fully instructed in the proper use of that equipment.
11.
Separate accommodation for personal clothing – A separate accommodation shall be provided
in a conveniently accessible position for all persons employed in operation to which this schedule
applies for storing of personal clothing. This should be separated from the accommodation provided
under sub-paragraph (2) of paragraph 10 to prevent contamination of personal clothing.
12.
Washing and bathing facilities –
(1)
There shall be provided and maintained in a clean state and in good repair for the use of all
workers employed in the processes covered by the schedule, adequate washing and bathing places
having a constant supply of water under cover at the rate of one such place for every 15 persons
employed. The washing places shall have standpipes place at intervals of not less than one metre.
(2)
Not less than one half of the total number of washing places shall be provided with bathrooms.
(3)
Sufficient supply of clean towels made of suitable material shall be provided:
Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector-
cum-Facilitator.
(4)
Sufficient supply of soap and nail brushes shall be provided.
13.
Mess room –
(1)
There shall be provided and maintained for the use of all worker employed in the factory
covered by this schedule, remaining on the premises during the rest intervals, a suitable mess room
which shall be furnished with:-
(a)
sufficient tables and benches with back rest, and
(b)
adequate means for warming food.
(2)
The mess room shall be placed under the charge of a responsible person and shall be kept clean.
14.
Prohibition of employment of pregnant and adolescent – No adolescent shall be employed in
any of the process covered by this schedule.
15.
Prohibition relating to smoking – No person shall smoke in any area where processes covered
by this schedule are carried on. A notice in the language understood by majority of the workers shall be
posted in the plant prohibiting smoking at such areas.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 120
16.
Cautionary notices –
(1)
Cautionary notices shall be displayed at the approaches and along the perimeter of every
asbestos processing area to warn all persons regarding –
(a)
hazards to health from asbestos dust,
(b)
need to use appropriate protective equipment,
(c)
Prohibition of entry to unauthorised persons, or authorised persons but without protective
equipment.
(2)
Such notices shall be in the language understood by the majority of the workers.
17.
Air monitoring – To ensure the effectiveness of the control measures, monitoring of asbestos
fibre in air shall be carried out once at least in every shift and the record of the results so obtained shall
be entered in a register specially maintained for the purpose.
18.
Medical examination by Medical officer –
(1)
Every worker employed in the processes specified in paragraph 1 shall be examined by a
Medical officer within 15 days of his first employment. Such examination shall include pulmonary
function test, tests for detecting asbestos fibers in sputum and chest X-ray. No worker shall be allowed
to work after 15 days of his first employment in the factory unless certified fit for such employment by
the Medical officer.
(2)
Every worker employed in the process referred to sub-paragraph (1) shall be re-examined by a
Medical officer at least once in every twelve calendar months. Such examination shall, wherever the
Medical officer considers appropriate, include all the tests specified in sub-paragraph (1) except chest
X-ray which will be carried out once in 3 years.
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the certificate and the
certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraphs (1) and (2),including the nature and the results of the tests, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 121
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after future examination, again
certifies him fit for employment in these processes.
20.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for protection of the workers in the factory, the
Chief Inspector-cum-Facilitator may by a certificate in writing, which he may at his discretion revoke
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XVI
HANDLING OR MANIPULATION OF CORROSIVE SUBSTANCES
1.
Definitions – For the purposes of this schedule –
(a)
“corrosive operation” means an operation of manufacturing, storing, handling processing,
packing, or using any corrosive substance in a factory; and
(b)
“corrosive substance” includes sulphuric acid, nitric acid, hydrochloric acid, hydrofluoric acid,
carbolic acid, phosphoric acid, liquid chlorine, liquid bromine, ammonia, sodium hydroxide and
potassium hydroxide and a mixture thereof, and any other substance which the UT Administration by
notification in the Official Gazette specify to be corrosive substance.
2.
Flooring – The floor of every workroom of a factory in which corrosive operation is carried on
shall be made of impervious, corrosion and fire resistance material and shall be so constructed as to
prevent collection of any corrosive substance. The surface of such flooring shall be smooth and cleaned
as often as necessary and maintained in a sound condition.
3.
Protective equipment- (a) the occupier shall provide for the use of all persons employed in any
corrosive operation suitable protective wear for hands and feet, suitable aprons, face shields, chemical
safety goggles, and respirators. The equipment shall be maintained in good order and shall be kept in
clean and hygienic condition by suitably treating to get rid of the ill effects of any absorbed chemicals
and by disinfecting. The occupier shall also provide suitable protective creams and other preparations
wherever necessary.
(b)
The Protective equipment and preparations provided shall be used by the persons employed in
any corrosive operation.
4.
Water facilities – Where any corrosive operation is carried on, there shall be provided as close
to the place of such operation as possible, a source of clean water at a height of 210 centimetres from a
pipe of 1.25 centimetres diameter and fitted with a quick acting valve so that in case of injury to the
worker by any corrosive substance, the injured part can be thoroughly flooded with water. Whenever
necessary, in order to ensure continuous water supply, a storage tank having a minimum length, breadth
and height of 210 centimetres, 120 centimetres and 60 centimetres respectively or such dimensions as
are approved by the Chief Inspector-cum-Facilitator shall provided as the source of clean water.
5.
Cautionary notice – A cautionary notice in the following form and printed in the language which
majority of the workers employed understand, shall be displayed prominently close to the place where
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 122
a corrosive operation is carried out and where any of the operation mentioned in clause 2 above is
carried out and where it can be easily and conveniently read by the workers. If any worker is illiterate,
effective steps shall be taken to explain carefully to him the contents of the notice so displayed.
“CAUTIONARY NOTICE DANGER”
Corrosive substances cause severe burns and vapours thereof may be extremely hazardous. In case of
contact, immediately flood the part affected with plenty of water for at least 15 minutes.
6.
Transport – (1) Corrosive substances shall not be filled, moved or carried except in containers
or through pipes and when they are to be transported in containers, they shall be placed in crates of
sound construction and of sufficient strength.
(2)
A container with a capacity of 11.5 litres or more of a corrosive substance shall be placed in a
receptacle or crate and then carried by more than one person at a height below the waist line unless a
suitable rubber wheeled truck is used for the purpose.
(3)
Containers for corrosive substances shall be plainly labelled.
7.
Devices for handling corrosive – (1) Tilting, lifting of pumping arrangements shall be used for
emptying jars, carboys and other containers of corrosives
(2)
Corrosive substance shall not be handled by bare hands but by means of a suitable scoop or
other device.
8.
Opening of valves – Valves fitted to containers holding a corrosive substance shall be opened
with great care. If they do not work freely, they shall not be forced open. They shall be opened by a
worker suitably trained for the purpose.
9.
Cleaning tanks, stills, etc. – (1) In cleaning out or removing residues from stills or other large
chambers used for holding any corrosive substance, suitable implements made of wood or other material
shall be used to prevent production of arseniuretted hydrogen (arsine).
(2)
Whenever it is necessary for the purpose of cleaning or other maintenance work for any worker
to enter chamber, tank, vat, pit or other confined space where a corrosive substance had been stored, all
possible precautions required under rules framed under Schedule II of the Code shall be taken to ensure
the worker’s safety.
(3)
Wherever possible, before repairs are undertaken to any part of equipment in which a corrosive
substance was handled, such equipment or part thereof shall be freed of any adhering corrosive
substance by adopting suitable methods.
10.
Storage – (1) Corrosive substances shall not be stored in the same room with other chemicals,
such as turpentine, carbides, metallic powders and combustible materials, the accidental mixing with
which may cause a reaction which is either violent or gives rise to toxic fumes and gases.
(2)
Pumping or filling overhead tanks, receptacles, vats or other containers for storing corrosive
substances shall be so arranged that there is no possibility of any corrosive substance overflowing and
causing injury to any person.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 123
(3)
Every container having a capacity of twenty litres or more and every pipeline, valve, and fitting
used for storing or carrying corrosive substances shall be thoroughly examined every year for finding
out any defects, and defects so found out shall be removed forthwith. A register shall be maintained of
every such examination made and shall be produced before the Inspector-cum- Facilitator whenever
required.
11.
Fire extinguishers and fire fighting equipment – An adequate number of suitable types of fire
extinguishers or other stored, shall be provided. Such extinguishers or other equipment shall be
regularly tested and refilled. Clear instructions as to how the extinguishers or other equipment should
be used, printed in the language which majority of the workers employed understand, shall be affixed
near each extinguisher or other equipment.
12.
Exemption – If in respect of any factory on application made by the manager, the Chief
Inspector-cum-Facilitator is satisfied that owing to the exceptional circumstances, or the infrequency of
the process or for any other reason to be recorded by him in writing, all or any of the provisions of this
schedule are not necessary for the protection of the persons employed therein, he may by a certificate
in writing, which he may at any time revoke, exempt the factory from such of the provisions and subject
to such conditions as he may specify therein.
SCHEDULE – XVII
USE OF OVENS AND DRIERS IN FACTORIES
1.
Application- This schedule shall apply to ovens and driers, except those used in laboratories
and kitchens of any establishment and those which have a capacity below 325 litres.
2.
Definitions- For the purpose of this schedule, “oven or drier” means any enclosed structure,
receptacle, compartment or box which is used for baking, drying or otherwise processing of any article
or substance at a temperature higher than that ambient temperature of air in the room of space in which
the oven or drier is situated, and in which the flammable or explosive mixture of air and flammable
substance is likely to be evolved with the enclosed structure, receptacle, compartment or box or part
thereof on account of article or substance which is baked or dried or otherwise processed within it.
3.
Separate electric connection- Electric power supplied to every oven or drier shall be by means
of separate circuit provided with an isolated switch.
4.
Design, construction, examination and testing- (1) Every oven or drier shall be properly
designed on sound engineering practice and be of good construction, sound materials and adequate
strength free from any patent defect and safe, if properly used.
(2)
No oven or drier shall be taken into use in factory for the first time unless a competent person
has thoroughly examined all its parts carried out the tests as are required to establish that the necessary
safe systems and control provided for safety in operation for the processes for which it is to be used and
a certificate of such examination and tests signed by that competent person has been obtained and are
kept available for inspection.
(3)
All parts of an oven or drier has undergone any alteration or repair which has the effect of
modifying any of the design characteristics, shall not be used unless a thorough examination and tests
as have been mentioned in clause (b) have been carried by the competent person and a certificate of
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 124
such examination and tests signed by that competent person has been obtained and are kept available
for inspection.
5.
Safety, Ventilation- (1) Every oven or drier shall be provided with a positive and effective
safety ventilation system using one or more motor driven centrifugal fans so as to dilute any mixture of
air and flammable substance that may be formed within the oven or drier and maintain the concentration
of the flammable substance in the air at safe level of dilution.
(2)
The safe level of dilution referred to in clause (a) shall be so as to achieve a concentration of
concerned flammable material in air of not more than 25 % of its lower explosive limit;
Provided that level of concentration in the air up to 50% of the lower explosive limit of the concerned
flammable substance may be permitted to exist subject to installation and maintenance of an automatic
device which:-
(a)
Shows continuously the concentration of the flammable substance in air present in the oven or
drier at any instant;
(b)
Sounds an alarm when the concentration of the flammable substance in air present in any part
of oven or drier reaches a level of 50% of explosive limit
(c)
Shuts down the heating system of the oven or drier automatically when the concentration of the
flammable substance in air present in any part of oven or drier reaches a level of 60% of lower explosive
limit, is provided to the oven or drier and maintained in the efficient working condition.
(d)
No oven or drier shall be operated without its safety ventilation system working inefficient
manner.
(e)
no oven or drier shall be operated with a level of dilution less than what is referred in clause (b)
(f)
exhaust ducts of safety ventilation system should be so designed and placed that their ducts
discharge the mixture of air and flammable substance away from the workroom and not near windows
or doors or other openings from where the mixture could re-enter the work room.
(g)
The fresh air admitted into the oven or drier by means of safety ventilation system shall be
circulated adequately by means of circulating fans or fans through all parts of the oven or drier so as to
ensure that there are no location where the flammable substance can accumulate in the air become
pocketed to any dangerous degree.
(h)
Throttling dampers in any safety ventilation system should be so designed by cutting away the
portion of damper or otherwise that system will handle at least the minimum ventilation rate required
for safety when they are set in their maximum throttling position.
6.
Explosion panels – (1) every oven or drier having an internal total space of not less than half
cubic meter shall be provided with suitably design explosion panel so as to allow the release of the
pressure of any possible explosion within the oven or drier through explosions vents. The area of
opening of any access doors which are provided with suitable arrangements for their release in case of
an explosion shall not be less than2200 sq cm for every 1 cum of the volume of the oven or drier. The
design of the explosion panel and doors as stated above shall be such as to secure their complete release
under an internal pressure of 0.25 kg/sq cm.
(2)
The explosion releasing panel shall, as far as practicable, be situated on the roof of the oven or
drier or at those portions of the walls where persons don’t remain in connection with operation of oven
or drier.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 125
7.
Inter locking arrangement – In each oven or drier efficient inter locking arrangement shall be
provided and maintain to insure that
(a)
All ventilating fans and circulating fans whose failure would adversely effect the ventilation
rate of flow pattern, are in operation before any mechanical conveyor that may be provided for feeding
the article or substances to be processed in the oven or drier, input into operation.
(b)
Failure of any of the ventilating or circulating fans will automatically stop any conveyor as
referred to in clause (a) as may be provided as well as so the fume supply by closing the shut of valve
and shut off the ignition in the case of gas or oil fired ovens and in case of electrically heated oven
switch off the electrical supply to the heater
(c)
The afore-said mechanical conveyor is set in operation before the said shut off valve can be
energies
(d)
The failure of the aforesaid conveyor will automatically closed the said shut off valve in the
case of oven and drier heated by gas , oil or steam and deactivate the ignition system or cut off the
electrical heater in the case of electrically heated ovens are furnaces.
8.
Automatic ventilation; - Every oven or drier heated by oil, gas, steam or electricity shall be
provided with an efficient arrangement for automatic ventilation consisting of at least three volume
changes with fresh air by operation of safety ventilation fans and circulating fans so as to effect purging
of the oven or drier of any mixture of air and flammable substance before the heating system can be
activated and before the conveyor can be placed in position.
9.
Temperature control – Every oven or drier shall be provided with an automatic arrangement to
ensure that the temperature which does not exceed a maximum temperature required in respect of the
particular process is being carried out.
10.
Multi stage processes – Whatever material are to be processed in ovens or driers in successive
operation suitable arrangements should be provided to ensure that the operating temperature necessary
for safe operation at each stage are maintain within the design limit.
11.
Combustible substances not to drip on electrical heater or burner flame
Effecting arrangement shall be provided in every oven or drier to prevent dripping of combustible
substances on electrical heater or burner flame used for heating.
12.
Periodical examination, testing and maintenance – (a) All parts of every oven or drier shall be
properly maintain and thoroughly examined and the various control as mentioned in the schedule and
the working of the oven or drier shall be tested at frequent interval to ensure its safe operation by a
responsible person authorized by the occupier or manager in this behalf who by his experience and
knowledge of necessary precaution against risk of explosion, is fit to undertake such work
(b)
A register shall be maintained in which the details of various tests carried out from time to time
under clause (a) shall be entered and every entry shall be signed by the person making the test.
13.
Training of operator – No person shall be assigned any task connected with operation of any
oven or drier unless his has completed 18 yrs of age and is properly trained.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 126
14.
Polymerizing machine – (a) Printed fabric shall be thoroughly dried by passing them over
drying canes or through hot flue or other equally effecting means before the same is allowed to pass
through polymerizing machines.
(b)
Infra ray heater of polymerizing machines shall be cut off while running the print.
SCHEDULE – XVIII
MANUFACTURE OR MANIPULATION OF CARCINOGENIC DYE INTERMEDIATES
1.
Application – The schedule shall apply in respect of all factories or any part thereof where
processes in which the process of manufacturing or manipulation of a Carcinogenic Dye Intermediates
(here in referred to as the said manufacturing processes) is carried on.
Provided that Paragraphs 25 and 26 shall apply only to the a process involving manufacturing,
manipulation of compounds mentioned in Appendix B ( here in referred to as the said manufacturing
processes B)
PART-I
2.
Definition – (a) For the purpose of this schedule a nitro or amino compounds means a nitrated
or aminated compound of aromatic hydrocarbons mentioned in Appendix A or B attached there to.
(b)
“Approved” means approved by Chief Inspector-cum-Facilitator.
(c)
“Omitted”
(d)
“efficient exhaust draught” means localised ventilation effected by mechanical means for the
removal of gas, vapour, dust or fume so as to prevent them from escaping into the air of any place in
which work is carried on. No draught, shall be deemed to be efficient which fails to remove smoke
generated at the point where such gas, vapour, fume or dust originates; and
(e)
Manipulation shall include mixing, blending, filling, emptying, grinding, sieving, drying,
packing, sweeping, handling, using or chemical processing of a nitro-amino compound.
(f)
“Air line respirator” means a helmet or face piece with necessary connections by means of
which a person using it in a poisonous or irritatant atmosphere breathes ordinary air or any suitable
apparatus approved in writing by Chief Inspector-cum-Facilitator.
3.
Cautionary placards – Cautionary placards in the form specified in appendix attached to this
schedule and printed in the language of the majority of the workers employed in the said processes shall
be affixed in prominent places frequented by them in the factory, where the placards can be conveniently
read. Arrangements shall be made by the manager to instruct periodically all such workers regarding
the precautions contained in the cautionary placards.
4.
Prohibition relating to employment of pregnant women and Adolescent
No pregnant woman or adolescent shall be employed or permitted to work in any room in which
the said processes are carried on.
5.
Air space- in every room in which the said manufacturing process is carried on there shall at
least 15 cubic-meters of air space excluding any space occupied by machinery equipments or any other
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 127
article for each person employed there in and in computing this air space no height over 4.25 meters
shall be taken into account.
6.
Efficient exhaught draught- (1) unless the said process is completely enclosed so as to not to
give rise to dust or fume it shall not be carried on without the use of an efficient exhaught draught when
a nitro or amino compound;
(a)
Is introduced into a tank, hopper, machine, or container or filled into cartridge; or
(b)
Is ground, crushed, mixed, sieved, or blended.
(2)
(a) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination and test
shall be rectified as soon as practicable.
(b)
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
7.
Floors of workroom – The floor of every workroom in which the said processes are carried on
shall be
(a)
Smooth and impervious to water provided that asphalt or tar shall not be used in the composition
of the floor,
(b)
Maintained in a state of good repair,
(c)
With a suitable slope for easy draining and provided with gutters and
(e)
Thoroughly washed daily with the drain water being led into a sewer through a closed
channel.
8.
Work benches- work benches on which a nitro or amino compound is manipulated shall-
(a)
Have a smooth impervious surface preferably of stainless steel; and
(b)
Be washed daily with hose-pipe or cleaned by means of suction cleaning apparatus at the time
when no other work is carried on there at.
9.
Waste disposal –
(1)
There shall be provided a suitable receptacle made of non-absorbable material with a tightly
fitting cover for depositing waste material like cloth paper or other material soiled with a nitro or amino
compound.
(2)
Such receptacle shall be destroyed by burning or using other suitable methods under the
supervision of a responsible person.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 128
10.
Disposal of empty containers – Empty containers used for holding compounds included under
Appendix-A shall be thoroughly cleaned of their contents and treated with an inactivating agent before
being discarded.
11.
Decontamination of Pits, Tanks etc.-
(a)
before a worker enters a pit, tank, kettle or any other confined space which contains a nitro or
amino compound it shall be thoroughly washed and cleaned.
(b)
No part of the plant which contains nitro or amino compounds shall be repaired or opened for
repairs unless it has been emptied of such compounds and thoroughly cleaned &decontaminated.
(c)
Records of such treatments shall be maintained in a register approved by the Chief Inspector-
cum-Facilitator and the register shall be made available for inspection when required by Inspector-cum-
Facilitator.
12.
Manual handling – Controlled substances shall not be allowed to be mixed, filled, emptied or
handled except by means of a scoop with a handle. Such scoop shall be thoroughly cleaned daily
13
Protective wears- the occupier shall provide, maintain clean and in good condition protective
clothing and other equipments as specified in the table below:-:-
TABLE
Process
Protective
clothing
and other
equipments
(i)
For
manipulation
of
compounds
Mentioned in Appendix-A
(a) Long trousers and shirts or overalls with full sleeves
and head coverings. The shirt or overall shall cover
the neck completely; and
(b) rubber hand gloves, rubber aprons, rubber gum boots
and airline respirator
(ii)
For
manipulation
of
compounds
Mentioned in Appendix-B
(a) White clean clothing mentioned in (A) as above in
addition to white clean shirts. Singletand protective
equipment’s as mentioned in
(a) above White long sleeve apron
14.
Instructions regarding risk – Every worker on his first employment in the said processes shall
be fully instructed on the properties of the toxic chemicals to which he is likely to be exposed to, of the
dangers involved and the precautions to be taken. Workers shall also be instructed on the measures to
be taken to deal with an emergency.
15.
Medical examination by medical officer – (1) every worker employed in the processes specified
in paragraph 1 shall be examined by a Medical officer within15 days of his first employment. Such
examinations shall include skin test for dermatitis and no worker shall be allowed to work after 15 days
of his first employment in the factory unless certified fit for such employment by the Medical officer.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 129
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every three calendar months and such examination shall, wherever the Medical officer
considers appropriate, include all the tests in sub-paragraph (1).
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2), including the nature and the results of this test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer , after further examination, again
certifies him fit for employment in those processes.
16.
Washing and bathing facilities –
(1)
The following washing and bathing facilities shall be provided and maintained in a clean state
and in good repair for the use of all workers employed in the said processes:-
(a)
a wash place under cover having constant supply of water and provided with clean towels, soap
and nail brushes and with at least one stand pipe for every five such workers;
(b)
50 percent of the stand pipes provided under clause (a) shall be located in bathrooms where
both hot and cold water shall be made available during the working hours of the factory and for one
hour thereafter;
(c)
The washing and bathing facilities shall be in close proximity of the area housing the said
processes;
(d)
Clean towels shall be provided individually to each worker; and
(e)
in addition to the taps mentioned under clause (a), one stand pipe, in which warm water is made
available, shall be provided on each floor.
(2)
Arrangement shall be made to wash factory uniforms and other work clothes every day.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 130
17.
Washing and bathing- (a) all the workers employed in the said manufacturing process shall
carefully wash their hands and faces before taking food or leaving factory.
(b)
Bath register- the workers employed in the said manufacturing process shall take bath at factory
premises and will enter their names in the bath register as token of having done so.
18.
Food, drinks, etc. Prohibited in workroom – No worker shall consume food, drink, pan, supari
or tobacco or shall smoke in any workroom in which the said processes are carried on and no worker
shall remain in any such room during intervals for meals or rest.
19.
Cloakroom – There shall be provided and maintained in a clean state and in good repair for the
use of the workers employed in the said processes
(a)
a cloakroom with lockers having two compartments – one for street clothes and the other for
work clothes, and
(b)
a place separate from the locker room and the mess room, for the storage of protective
equipment provided under paragraph 7. The accommodation so provided shall be under the care of a
responsible person and shall be kept clean.
20.
Mess room – There shall be provided and maintained for the use of workers employed in the
said processes who remain on the premises during the meal intervals, a mess room which shall be
furnished with tables and benches and provided with suitable means for warming food. The mess room
shall be placed under the charge of a responsible person and shall be kept clean.
21.
Time allowed for washing – Before each meal and the end of the day at least 10 minutes addition
to the regular interval shall be allowed for washing to each person who has been employed in the said
process.
22.
Drying stoves- (a) every drying stove shall be efficiently ventilated to the outside air in such a
manner that hot air from stove shall not be drawn into any work room.
(b)
No person shall enter into stove to remove the contents until a free current of air has been
passed through by mechanical means.
23.
Non-sparking tools- Non sparking tools shall be provided for the purpose of cleaning or
repairing machinery or operating any process where vapours of betanaphthyl amine are evolved.
24.
Testing of atmosphere- Amines in the atmosphere of the work room where the manufacturing
process is carried on shall be estimated once in every week and records of such estimations shall be
made
available
when
required
by
an
Inspector-cum-Facilitator.
PART-II
25.
Separation of process- the said manufacturing process ‘B’ shall be carried on in rooms which
shall not communicate with the other rooms except through a passage open entirely to outside
atmosphere.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 131
26.
Limitation of exposure- (a) no worker under the age of 40 years shall be engaged in the factory
for the said manufacturing process ‘B for the first time after the date on which these rules come into
force.
(b)
before the end of the day at least one hour shall be allowed for bathing to each person who is
employed in the said manufacturing process ‘B’ including the time allowed under paragraph 22.
27.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may be a certificate in writing (which he may in his discretion
revoke at any time), exempt such factory from all or any of such provisions subject to such conditions,
if any, as he may specify therein.
APPENDIX-A
[SEE PARAGRAPH2, 10, 13]
The benzenes, Toulenes, Xylenes, having undergone nitration once or several times (nitro,dinitro and
trinitro benzene and its homologues) and chlorinated compounds, naphalenes, having undergone
nitration once or several times, anilines and its homologues( toludine, Xylidine, cuminide) anisidine,
phenetidine and their chlorinated nitrated and alkyl led compounds (dimethylailine, toluylendiamine,
toludine phenyhydrazine, toluylhydrazine)
APPENDIX-B
[SEE PARAGRAPH2 & 13]
1.
Alphanaphthylamine
2.
betanaphthylamine
3.
Benzidine and its salts
4.
dianisidine
5.
Toludine
6.
Dichlorobenzidine
APPENDIX – C
CAUTIONARY PLACARD/NOTICE
1.
Nitro and amino compounds are aromatic hydro carbons are dangerous .In this factory you have
to handle them carefully.
2.
All items of protective wear provided should be made use of to safeguard your health
3.
Maintain cleanliness at all times .Before meals wash hands and feet . A bath before leaving the
factory is essential taking care to wash the hands well.
4.
If any chemicals falls on your body wash it off immediately with soap and water. Change
clothing at once .If soap with a cynoticnitromino compound contact the appointed doctor immediately.
5.
Do not handle any nitro or amino compounds bare hand .Use a long handle scoop .
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 132
6.
Avoid alcoholic drinks as these can cause risk of poisoning .
7.
In case of illness contact the factory manager and the appointed doctor
8.
Don’t chew, eat, drink or smoke in the work room or with soiled hands .Keep food and drinks
away from the work place
9.
If you work with betanaphthylamine or benzedine or its salt alphanapthalymine or dianisidine
:-
(a)
Remember the serious effects will follow after a number of year if great care is not taken to
observe absolute cleanliness of body , close , missionary and tools
(b)
At meal time wash face and hands twice with soap and water to remove all chemicals; wear a
long sleeve clean apron while eating
(c)
Before leaving the factory take a bath using soap and water twice after this put on your home
clothes
SCHEDULE – XIX
PROCESS OF EXTRACTING OILS AND FATS FROM VEGETABLES AND ANIMAL
SOURCES IN SOLVENT
EXTRACTION PLANTS
1.
Definitions – For the purposes of this schedule –
(a)
“solvent extraction plant” means a plant in which the process of extracting oils and fats from
vegetable and animal sources by use of solvents is carried on;
(b)
“solvent” means an flammable liquid such as pentane, hexane and heptane use for the recovery
of vegetable oils;
(c)
“flameproof enclosure” as applied to electrical machinery or apparatus means an enclosure that
will withstand, when covers or other access doors are properly secured, an internal explosion of the
flammable gas or vapour which may enter or which may originate inside the enclosure without suffering
damage and without communicating internal inflammation (or explosion) to the external flammable gas
or vapour;
(d)
“competent person” for the purpose of this schedule shall be at least a member of the Institution
of Engineers ( India) or an Associate Member of the said Institution with 10 years’ experience in a
responsible position as may be approved by the Chief Inspector-cum-Facilitator:
Provided that a graduate in mechanical engineering or chemical technology with specialised knowledge
of oils and fats and with a minimum experience of 5 years in a solvent extraction plant shall also be
considered to the a competent person.
Provided further that the UT Administration may accept any other qualifications if in its opinion they
are equivalent to the qualifications aforesaid.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 133
2.
Location and layout –
(1) No solvent extraction plant shall be permitted to be constructed or extended to within a distance
of 30 meters from the nearest residential locality.
(2)
A 1.5 meter high continuous wire fencing shall be provided around the solvent/extraction plant
upto a minimum distance of 15 meters from the plant.
(3)
No person shall be allowed to carry any matches or an open flame or fire inside the area round
by the fencing.
(4)
Boiler houses and other buildings where open flame processes are carried on shall be located
at least 30 meters away from the solvent extraction plant;
(5)
If god owns and preparatory processes are at a distance of less than 30 metres from the solvent
extraction plant, these shall be at least 15 meters distant from the plant, and a continuous barrier wall
of non-combustible material 1.5 meters high shall be erected at a distance of not less than 15 meters
from the solvent extraction plant so that it extends to at least 30 meters of vapour travel around its ends
from the plant to the possible sources of ignition.
3.
Electrical installations – (1) all electrical motors and wiring and other electrical equipment
installed or housed insolvent extraction plant shall be of flameproof construction.
(2)
All metal parts of the plant and building including various tanks and containers where solvents
are stored or are present and all parts of electrical equipment not required to be energised shall be
properly bonded together and connected to earth so as to avoid accidental rise in the electrical potential
of such parts above the earth potential.
4.
Restriction on smoking – Smoking shall strictly prohibited within 15 meters distance from
solvent extraction plant. For this purpose, “NO smoking” signs shall be permanently displayed in the
area.
5.
Precautions against friction – (1) All tools and equipment including ladders, chains and other
lifting tackle required to be used in solvent extraction plant shall be of non-sparking type.
(2)
No machinery or equipment in any solvent extraction plant shall be belt driven, unless the belt
used is of such a type that it does not permit accumulation of static electricity to a dangerous level.
(3)
No person shall be allowed to enter and work in the solvent extraction plant if wearing clothes
made of nylon or such other fibre that can generate static electrical charge, or wearing footwear which
is likely to cause sparks by friction.
6.
Fire fighting apparatus – (1) Adequate number of portable fire extinguishers suitable for use
against flammable liquid fires shall be provided in the solvent extraction plant.
(2)
An automatic water spray sprinkler system on a wet pipe or open-head deluge system with
sufficient supply of storage water shall be provided over solvent extraction plant and throughout the
building housing such plant.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 134
7.
Precautions against power failure – Provision shall be made for the automatic cutting off of
steam in the event of power failure and also for emergency overhead water supply for feeding water by
gravity to condensers which shall come into play automatically with the power failure.
8.
Magnetic Separators – Oil cake shall be fed to the extractor by a conveyer through a hopper
and a magnetic separator shall be provided to remove any pieces of iron during pressure in the event of
fire.
9.
Venting – (1) Tanks containing solvents shall be protected with emergency venting to relieve
excessive internal pressure in the event of fire.
(2)
All emergency relief vents shall terminate at least 6 meters above the ground and be so located
that vapours will not re-enter the building in which solvent extraction plant is located.
10.
Waste water – Process waste water shall be passed through a flash evaporator to remove any
solvent before it is discharged into a sump which should be located within the fenced area but not closer
than 8 meters to the fence.
11.
Ventilation – The solvent extraction plant shall be well ventilated and if the plant is housed in
a building, the building shall be provided with mechanical ventilation with provision for at least six air
changes per hour.
12.
Housekeeping – (1) Solvents shall not be stored in an area covered by solvent extraction plant
except in small quantities which shall be stored in approved safety cans.
(2)
Waste materials such as oily rags, other wastes and absorbents used to wipe off solvent and
paints and oils shall be deposited in approved containers and removed from the premises at least once
a day.
(3)
Space within the solvent extraction plant and within 15 meters from the plant shall be kept free
form any combustible materials and any spills of oil or solvent, shall be cleaned up immediately.
13.
Examination and repairs – (1) the solvent extraction plant shall be examined by the competent
person to determine any weakness or corrosion and wear once in every 12 months. Report of such
examination shall be supplied to the Inspector-cum-Facilitator with his observation as to whether or not
the plant is in safe condition to work.
(2)
No repairs shall be carried out to the machinery or plant except under the direct supervision of
the competent person.
(3)
Facility shall be provided for purging the plant with inert gas or steam before opening for
cleaning or repairs and before introducing solvent after repairs.
14.
Operating personnel – The operation of the plant and machinery in the solvent extraction plant
shall be in the charge of such duly qualified and trained persons as are certified by the competent person
to be fit for the purpose and no other person shall be allowed to operate the plant and machinery.
15.
Employment of pregnant women and Adolescent – No woman or adolescent shall be employed
in the solvent extraction plant.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 135
16.
Vapour detection – A suitable type of flameproof and portable combustible gas indicator shall
be provided and maintained in good working order and a schedule of routine sampling of atmosphere
at various locations as approved by the chief Inspector-cum-Facilitator shall be drawn out and entered
in a register maintained for the purpose.
17.
Exemption – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may by a certificate in writing (which he may in his discretion
revoke at any time) exempt such factory from all or any of such provisions subject to conditions, if any,
as he may specify therein.
SCHEDULE – XX
MANUFACTURE OR MANIPULATION OF MANGANESE AND ITS COMPOUNDS
1.
Definitions – For the purposes of this schedule –
(a)
“manganese process” means processing, manufacture or manipulations of manganese or any
ore or any mixture containing manganese;
(b)
“first employment” means first employment in any manganese process and includes also re-
employment in any manganese process followed any cessation of employment for continuous period of
3 calendar months.
(c)
“Manipulations” means mixing, blending, filling, emptying, grinding, sieving, drying, packing,
sweeping, or otherwise handling of manganese, or mixture containing manganese; and
(d)
“efficient exhaust ventilation” means localised ventilation effected by mechanical means for
the removal of dust or fume or at its source of origin so as to prevent it from escaping into the atmosphere
of any place where any work is carried on. No draught shall be deemed to be efficient which fails to
remove the dust or fume or mist at the point where it is generated and fails to prevent it from escaping
into and spreading into the atmosphere of a work place.
2.
Application – This schedule shall apply to every factory in which or in any part of which any
manganese process is carried on.
3.
Exemption – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to any exceptional circumstances, or infrequency of the process, or for any other reason,
application of all or any of the provisions of this schedule is not necessary for the protection of the
persons employed in such factory, he may by an order in writing which he may at his discretion revoke,
exempt such factory from all or any of the provisions on such conditions and for such period as he may
specify in the said order.
4.
Isolation of a process – Every manganese process which may give rise to dust, vapour or mist
containing manganese, shall be carried on in a totally enclosed system or otherwise effectively isolated
from other processes so that other plants and processes and other parts of the factory and persons
employed on other processes may not be affected by the same.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 136
5.
Ventilation of process – No process in which any dust, vapour or mist containing manganese is
generated, shall be carried out except under an efficient exhaust ventilation which shall be applied as
near to the point of generation as practicable.
6.
Medical examination by medical officer –
(1)
Every worker employed in any manganese process shall be medically examined by a Medical
officer within 15days of his first employment. Such examinations shall include tests for detection of
serum calcium, serum phosphate and manganese in blood and urine and also include steadiness tests
and other neuro-muscular coordination tests. No worker shall be allowed to work after 15 days of his
first employment in the factory unless certified for such employment by the Medical officer.
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every three calendar months and such examination shall, wherever the Medical officer
considers appropriate, include all the tests in sub-paragraph (1).
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2),including the nature and the results of this test, shall also
be entered by the medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer, in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
7.
Personal protective equipment –
(1)
the occupier of the factory shall provide and maintain in good and clean condition suitable
overalls and head coverings for all persons employed in any manganese process and such overalls and
head coverings shall be worn by the persons while working on a manganese process.
(2)
The occupier of the factory shall provide suitable respiratory protective equipment for use by
works in emergency to prevent inhalation of dusts, fumes or mists. Sufficient number of complete sets
of such equipment shall always be kept near the work place and the same shall be properly maintained
and kept always in a condition to be used readily.
(3)
The occupier shall provide and maintain for the use of all persons employed, suitable
accommodation for the storage and make adequate arrangements for cleaning and maintenance if
personal protective equipment.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 137
8.
Prohibition relating to pregnant women and Adolescent – No pregnant women or adolescent
shall be employed or permitted to work in any manganese process.
9.
Food, drinks, etc. Prohibited in the work rooms – No food, drink, pan and supari or tobacco
shall be allowed to be brought into or consumed by any worker in any workroom in which any
manganese process is carried on.
10.
Mess room – There shall be provided and maintained for the use of the persons employed in a
manganese process a suitable mess room which shall be furnished with sufficient tables and benches
and adequate means for warming of food. The mess room shall be placed under the charge of a
responsible person and shall be kept clean.
11.
Washing facilities – There shall be provided and maintained in a clean state and in good
condition, for the use of persons employed on manganese process–
(a)
A wash place under cover, with either –
(i)
a trough with a smooth impervious surface fitted with a waste pipe without plug, and of
sufficient length to allow at least 60 centimetres for every ten such persons employed at any one time,
and having a constant supply of water from taps or jets above the trough at intervals of not more than
60 centimetres;
(ii)
at least on wash basin for every five such persons employed at any one time, fitted with a waste
pipe and plug and having a constant supply water; and
(b)
sufficient supply of soap or other suitable cleaning material and nail brushes and clean towels.
12.
Cloakroom – If the Chief Inspector-cum-Facilitator so requires there shall be provided and
maintained for the use of persons employed in manganese process a cloakroom for clothing put off
during working hours with adequate arrangements for drying the clothing.
13.
Cautionary placard and instructions – Cautionary notices in the form specified in appendix and
printed in the language of the majority of the workers and employed, shall be affixed in prominent
places in the factory where they can be easily and conveniently read by the workers and arrangement
shall be made by the occupier to instruct periodically all workers employed in a manganese process
regarding the health hazards connected with their duties and the best preventive measures and methods
to protect themselves. The notices shall always be maintained in a legible condition.
APPENDIX CAUTIONARY NOTICE
( Manganese and Manganese Compounds)
1.
Dust free and mists of manganese and its compounds are toxic when inhaled or when ingested.
2.
Do not consume food or drink near the work place.
3.
Take a good wash before taking meals.
4.
Keep the working area clean.
5.
Use the protective clothing and equipment provided.
6.
When required to work in situations where dusts, fumes or mists are likely to be inhaled, use
respiratory protective equipment provided for the purpose.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 138
7.
If you get severe head-aches, prolonged sleeplessness or abnormal sensations on the body,
report to the occupier who would make arrangements for your examination and treatment.
SCHEDULE – XXI
MANUFACTURE, HANDLING AND USAGE OF BENZENE AND SUBSTANCES
CONTAINING BENZENE
1.
Application – This schedule is made to provide protection against hazards of poisoning from
benzene and shall apply in respect of factories or parts thereof in which benzene or substances
containing benzene are manufactured, handled or used.
2.
Definitions – For the purpose of this schedule –
(a)
“substances containing benzene” means substances wherein benzene content exceeds 1 per cent
by volume;
(b)
“substitute” means a chemical which is harmless or less harmful than benzene and can be used
in place of benzene;
(c)
“enclosed system” means a system which will not allow escape of benzene vapours to the
workers atmosphere; and
(d)
“efficient exhaust draught” means localised ventilated effected by mechanical means for the
removal of gases, vapours and dusts or fumes so as to prevent them from escaping into the air of any
workroom. No draught shall be deemed to be efficient if it fails to remove smoke generated at the point
where such gases, vapours, fumes or dusts originate.
3.
Prohibition and substitution –
(1)
Benzene and substances containing benzene shall not be used as solvent or dilutent unless the
process in which it is used is carried on in an enclosed system or unless the process is carried on in
manner which is considered equally safe as if it were carried out in an enclosed manner.
Use of benzene and substances containing benzene is prohibited in the following processes :-
(a)
manufacture of varnishes, paints and thinners; and
(b)
Cleaning and degreasing operations.
(2)
Where suitable substitutes are available, they shall be used instead of benzene or substances
containing benzene. This provision, however, shall not apply to the processes specified in Appendix A.
(3)
The Chief Inspector-cum-Facilitator may, subject to confirmation by the UT Administration,
permit exemptions from the percentage laid down in sub- paragraph 2(a) and also from the provisions
of sub-paragraph (2) of this paragraph temporarily under conditions and within limits of time to be
determined after consultation with the employers and workers concerned.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 139
4.
Protection against installation –
(1)
The process involving the use of benzene or substances containing benzene shall be as far as
practicable be carried out in an enclosed system.
(2)
Where, however, it is not practicable to carry out the process in an enclosed system, the
workroom in which benzene or substances containing benzene are used shall be equipped with an
efficient exhaust draught or other means for the removal of benzene vapours to prevent their escape into
the air of the workroom so that the concentration of benzene in the air does not exceed 10 parts per
million by volume or30 milligrams per cubic meter.
(3)
Air analysis for the measurement of concentration of benzene vapours in air shall be carried out
every 8 hours or at such intervals as may be directed by the Chief Inspector-cum-Facilitator at places
where process involving use of benzene is carried on and the result of such analysis shall be recorded
in a register specially maintained for this purpose. If the concentration of benzene vapours in air as
measured by air analysis, exceeds 10 parts per million by volume or 30 milligrams per cubic meter, the
occupier shall forthwith report the concentration to the Chief Inspector-cum-Facilitator stating the
reasons for such increase.
(4)
Workers who for special reasons are likely to be exposed to concentration of benzene in the air
of the workroom exceeding the maximum referred to in subparagraph (2) shall be provided with suitable
respirators or face masks. The duration of such exposure shall be limited as far as possible.
5.
Measures against skin contact –
(1)
Workers who are likely to come in contact with liquid benzene or liquid substances containing
benzene shall be provided with suitable gloves, aprons, boots and where necessary vapour tight
chemical goggles, made of material not affected by benzene or its vapours.
(2)
The protective wear referred to in sub-paragraph (1) shall be maintained in good condition and
inspected regularly.
6.
Prohibition relating to employment of pregnant women and Adolescent –No pregnant woman
or adolescent shall be employed or permitted to work in any workroom involving exposure to benzene
or substances containing benzene.
7.
Labelling – Every container holding benzene or substances containing benzene shall have the
word “Benzene” and approved danger symbols clearly visible on it and shall also display information
on benzene content, warning about toxicity and warning about infallibility of the chemical.
8.
Improper use of benzene-
(1)
The use of benzene substances containing benzene by workers for cleaning their hands or their
work clothing shall be prohibited.
(2)
Workers shall be instructed on the possible dangers arising from such misuse.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 140
9.
Prohibition of consuming food, etc. In workrooms – No worker shall be allowed to store or
consume food or drink in the workroom in which benzene or substances containing benzene are
manufactured, handled or used. Smoking and chewing tobacco or pan shall be prohibited in such
workrooms.
10.
Instructions as regards risks – Every worker on his first employment shall be fully instructed
on the properties of benzene or substances containing benzene which he has to handle and of the dangers
involved. Workers shall also be instructed on the measures to be taken to deal with in an emergency.
11.
Cautionary notices – Cautionary notices in the form specified in appendix and printed in the
language easily read and understood by the majority of the workers shall be displayed in prominent
places in the workrooms where benzene or substances containing benzene are manufactured, handled
or used.
12.
Washing facilities, cloakroom and mess room – In factories in which benzene or substances
containing benzene are manufactured, handled or used, the occupier shall provide and maintain in a
clean state and in good repair –
(a)
washing facilities under cover, of the standard of at least one tap for every 10 persons having
constant supply of water with soap, and a clean towel provided individually to each worker if so ordered
by the Inspector-cum- Facilitator;
(b)
cloakroom with lockers for each worker, having two compartments – one for street-clothing
and one for work-clothing; and
(c)
a mess room furnished with tables and benches with means for warming food, provided that
where a canteen or other proper arrangements exist for the workers to take their meals, the requirements
of mess room shall be dispensed with.
13.
Medical examination by Medical officer –
(1)
Every worker employed in the processes specified in paragraph 1 shall be examined by a
Medical officer within 15 days of his first employment. Such examinations shall include skin test for
dermatitis and no worker shall be allowed to work after 15 days of his first employment in the factory
unless certified fit for such employment by the Medical officer.
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every 12 months and such examination shall, wherever the Medical officer considers
appropriate, include all the tests in subparagraph (1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2),including the nature and the results of this test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 141
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
APPENDIX-A
[SEE CLAUSE 3(B)]
1.
production of benzene
2.
process where benzene is used for chemical synthesis
3.
motor spirits (used as fuel)
APPENDIX-B
[SEE CLAUSE 11]
CAUTIONARY NOTICE
(Benzene and substances containing benzene)
1.
Hazards
(a)
Benzene and substances containing benzene are harmful.+
(b)
Prolonged or repeated breathing of benzene vapours may result in acute or chronic poisoning.
(c)
Benzene can also be absorbed through skin which may cause skin or other diseases.
2.
Preventive measures
(a)
Avoid breathing of benzene vapours.
(b)
Avoid prolonged or repeated contact of benzene with the skin.
(c)
Remove benzene soaked or wet clothing promptly.
(d)
If any time you are exposed to high concentration of benzene vapours and exhibit signs and
symptoms such as dizziness, difficulty in breathing, excessive excitation and losing of consciousness,
immediately inform your factory manager.
(e)
Keep all the containers of benzene closed
(f)
Handle, use and process benzene and substances containing benzene carefully in order to
prevent their spillage on floor.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 142
(g)
Maintain good housekeeping.
3.
Protective equipment
(a)
Use respiratory protective equipment in places where benzene vapours are present in high
concentration.
(b)
In emergency, use self generating oxygen mask or oxygen or air cylinder masks.
(c)
Wear hand gloves, aprons, goggles and gum boots to avoid contact of benzene with your skin
and body parts.
4.
First-aid measures in case of acute benzene poisoning
(a)
Remove the clothing immediately if it is wetted with benzene.
(b)
If liquid benzene enters eyes, flush thoroughly for at least 15 minutes with clean running water
and immediately secure medical attention.
(c)
In case of unusual exposure to benzene vapour, call a physician immediately. Until he arrives,
do the following :-
(i)
If the exposed person is conscious –
(a)
Move him to fresh air in open.
(b)
Lay down without a pillow and keep him quiet and warm.
(ii)
If the exposed person is unconscious –
(a)
Lay him down preferably on the left side with the head low.
(b)
Remove any false teeth, chewing gum, tobacco or other foreign objects which may be in his
mouth.
(c)
Provide him artificial respiration in case difficulty is being experienced in breathing.
(d)
In case of shallow breathing or cyanosis (blueness of skin, lips, ears, finger nail beds), he should
be provided with medical oxygen or oxygen carbon dioxide mixture. If needed, he should be given
artificial respiration. Oxygen should be administered by a trained person only.
SCHEDULE – XXII
MANUFACTURING PROCESS OR OPERATION IN CARBON DISULPHIDE PLANTS
1.
Application – This schedule shall apply to all electric furnaces in which carbon disulphide is
generated and all other plants where carbon disulphide after generation, is condensed, refined and
stored. This schedule is in addition to and not in derogation of any of the provisions of the Code and
Rules made there under.
2.
Construction, installation and operation-
(1)
The buildings in which electric furnaces are installed and carbon disulphide after generation is
condensed and refined shall be segregated from other parts of the factory and shall be of open type to
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 143
ensure optimum ventilation and the plant layout shall be such that only a minimum number of workers
are exposed to the risk of any fire or explosion at any one time.
(2)
Every electric furnace and every plant in which carbon disulphide is condensed, refined and
stored with all their fittings and attachments shall be of good construction, sound material and of
adequate strength to sustain the internal pressure to which the furnace or the plant may be subjected to
and shall be so designed that carbon disulphide liquid and gas are in closed system during their normal
working.
(3)
The electric furnace supports shall be firmly grouted about 60 centimetres in concrete or by
other effective means.
(4)
Every electric furnace shall be installed and operated according to manufacturers’ instructions
and these instructions shall be clearly imparted to the personnel in charge of construction and operation.
(5)
The instructions regarding observance of correct furnace temperature, sulphur dose, admissible
current or power consumption and periodical checking of charcoal level shall be strictly complied with.
3.
Electrodes –
(1)
Where upper ring electrodes made of steel are used in the electric furnace, they shall be of
seamless tube construction and shall have arrangement for being connected to cooling water system
through a siphon built in the electrodes or through a positive pressure water-pump.
(2)
The arrangement for cooling water referred to in sub-paragraph (1) shall be connected with
automatic alarm system which will actuate in the event of interruption of cooling water in the electrodes
and give visible and audible alarm signals in the control room and simultaneously stop power supply
for the furnace operation and to stop the further supply of water. The alarm system and the actuating
device shall be checked every day.
4.
Charcoal level indicator and vibrator – Means shall be provided on each electric furnace for
indicating the correct level of charcoal in the furnace and vibrating the charcoal. This mean shall
employed often as necessary to maintain correct charge and level of charcoal.
5.
Charcoal separator – A cyclone type of charcoal separator shall be fitted on the off take pipe
between the electric furnace and sulphur separator to prevent entry of pieces of charcoal into the
condensers and piping.
6.
Rupture discs and safety seal –
(1)
At least two rupture discs of adequate size which shall blow off at a pressure twice the
maximum operating pressure shall be provided on each furnace and shall either be mounted directly on
the top of the furnace or each through an independent pipe as close as possible to the furnace.
(2)
A safety water seal shall be provided and tapped from a point between the charcoal separator
and the sulphur separator.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 144
7.
Pyrometer and manometers –
(1)
Each electric furnace shall be fitted with adequate number of pyrometers to give an indication
of the temperature as correctly as reasonably practicable at various points in the furnace. The dials for
reading the temperatures shall be located in the control room.
(2)
Manometers or any other suitable devices shall be provided for indicating pressure–
(a)
In the off take pipe before and after the sulphur separator; and
(b)
In primary and secondary condensers.
8.
Check valves – All piping carrying carbon disulphide shall be fitted with check valves at
suitable positions so as to prevent gas from flowing back into any electric furnace in the event of its
shut down.
9.
Inspection and maintenance of electric furnaces –
(1)
Every electric furnace shall be inspected internally by a competent person.
(a)
Before being placed in service after installation;
(b)
Before being placed in service after reconstruction or repairs; and
(c)
Periodically every time the furnace is opened for cleaning or de- or for replacing electrodes.
(2)
When an electric furnace is shut down for cleaning or de– or for replacing electrodes
(a)
The brick lining shall be checked for continuity and any part found defective removed;
(b)
After removal of any part of the lining referred to in (a) the condition of the shell be closely
inspected; and
(c)
Any plates forming shall found corroded to the extent that safety of the furnace is endangered
shall be replaced.
10.
Maintenance of records – The following hourly records shall be maintained in a logbook.
(a)
Manometer readings at the points specified in sub-paragraph 7(2);
(b)
Gas temperature indicated by pyrometers and all other vital points near the sulphur separator
and primary and secondary condensers;
(c)
Water temperature and flow of water through the siphon in the electrodes; and
(d)
Primary and secondary voltages and current and energy consumed.
11.
Electrical apparatus, wiring and fittings – All buildings in which carbon disulphide is refined
or stored shall be provided with electrical apparatus, wiring and fittings which shall afford adequate
protection from fire and explosion.
12.
Prohibition relating to smoking – No person shall smoke or carry matches, fire or naked light
or other means of producing a naked light or spark in buildings in which carbon disulphide is refined
or stored, and a notice in the language understood by a majority of the workers shall be posted in the
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 145
plant prohibiting smoking and carrying of matches, fire or naked light or other means of producing
naked light or spark into such rooms.
13.
Means of escape – Adequate means of escape shall be provided and maintained to enable
persons to move to a safe place as quickly as possible in case of an emergency. At least two independent
staircases of adequate width shall be provided in every building housing the furnaces at reasonable
intervals at opposite ends. These shall always be kept clear of all obstructions and so designed to afford
easy passage.
14.
Warnings in case of fire – There shall be adequate arrangements for giving warnings in case of
fire or explosion which shall operate on electrically and in case of failure of electricity by some
mechanical means.
15.
Fire-fighting equipment –
(1)
Adequate number of suitable fire extinguishers or other fire-fighting equipment shall be kept in
constant readiness for dealing with risks involved and depending on the amount and nature of materials
stored.
(2)
Clear instructions as to how the extinguishers or other equipment should be used printed in the
language which the majority of the workers employed understand, shall be affixed to each extinguisher
or other equipment and the personnel trained in their use.
16.
Bulk Sulphur –
(1)
Open or semi-enclosed spaces for storage of bulk sulphur shall be sited with due regard to the
dangers which may arise from sparks given off by nearby locomotives, etc., and precautions shall be
taken to see that flames, smoking and matches and other sources of ignition do not come in contact with
the clouds of dust arising during handling of bulk sulphur.
(2)
All enclosures for bulk sulphur shall be of non-combustible construction, adequately ventilated
and so designed as to provide a minimum of ledges on which dust may lodge.
(3)
The bulk sulphur in the enclosures shall be handled in such a manner as to minimise the
formation of dust clouds and no flame, smoking and matches or other sources of ignition shall be
employed during handling and non-sparking tools shall be used whenever sulphur is shovelled or
otherwise removed by hand.
(4)
No repairs involving flames, heat or use of hand or power tools shall be made in the enclosure
where bulk sulphur is stored.
17.
Liquid sulphur – Open flames, electric sparks and other sources of ignition, including smoking
and matches, shall be excluded from the vicinity of molten sulphur.
18.
Training and supervision –
(1)
All electric furnaces and all plants in which carbon disulphide is condensed, refined or stored
shall be under adequate supervision at all times while the furnaces and plant are in operation.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 146
(2)
Workers in charge of operation and maintenance of electric furnaces and the plants shall be
properly qualified and adequately trained.
19.
Washing facilities –
(1)
The occupier shall provide and maintain in a clean state and in good repair, for the use of all
persons employed wash place under cover with at least one tap or stand-pipe, having a constant supply
of clean water for every five such persons, the taps or stand-pipes being spaced not less than 120
centimetres apart with a sufficient supply of soap and clean towels, provided that towels shall be
supplied individually to each worker if so ordered by the Inspector-cum- Facilitator.
(2)
All the workers employed in the sulphur storage, handling and melting operations shall be
provided with a nail brush.
20.
Personal protective equipment –
(1)
Suitable goggles and protective clothing consisting of overalls without packets, gloves and foot-
wear shall be provided for the use of operatives –
(a)
when operating valves or cocks controlling fluids etc.,
(b)
drawing off a molten sulphur from sulphur pots;
(c)
handling charcoal or sulphur.
(2)
Suitable respiratory protective equipment shall be provided and stored in the appropriate place
for use during abnormal conditions or in an emergency.
(3)
Arrangements shall be made for proper and efficient cleaning of all such protective equipment.
21.
Cloakrooms – There shall be provided and maintained for the use of all persons employed in
the processes a suitable cloakroom for clothing put off during work hours and a suitable place separate
from the cloakroom for the storage or overalls or working clothes. The accommodation so provided
shall be placed in the charge of a responsible person and shall be kept clean.
22.
Unauthorized persons – Only maintenance and repair personnel, persons directly connected
with the plant operation and those accompanied by authorized persons shall be admitted into the plant.
SCHEDULE – XXIII
OPERATIONS INVOLVING HIGH NOISE LEVELS AND VIBRATION LEVELS
PART-A High Noise Level
1.
Application – This part of schedule shall apply to all operations in any manufacturing process
having high noise level.
2.
Definitions – For the purpose of this schedule –
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 147
(a)
“Noise” means any unwanted sound.
(b)
”High noise level” means any noise level measured on the A-weighted scale is 85 Db or above.
(c)
”Decibel” means one-tenth of “Bel” which is the fundamental division of a logarithmic scale
used to express the ratio of two specified or implied quantities, the number of “Bels” denoting such a
ratio being the logarithm to the base the of 10 of this ratio. The noise level (or the sound pressure level)
6 corresponds to a reference pressure of 20 x 10 power(-6) Newton per square meter or 0.0002 dynes
per square centimetre which is the threshold of hearing, that is, the lowest sound pressure level
necessary to produce the sensation of hearing in average healthy listeners. The decibel in abbreviated
form is Db.
(d)
”Frequency” is the rate of pressure variations expressed in cycles per second or hertz.
(e)
”dBA” refers to sound level in decibels as measured on a sound level meter operating on the
A-weighting net work with slow meter response.
(f)
”A-weighting” means making graded adjustments in the intensities of sound of various
frequencies for the purpose of noise measurement, so that the sound pressure level measured by an
instrument reflects the actual response of the human ear to the sound measured.
3.
Protection against noise –
(1)
In every factory, suitable, a suitable engineering control or administrative measures shall be
taken to ensure, so far as is reasonably practicable, that no worker is exposed to sound levels exceeding
the maximum permissible noise exposure levels specified in Tables 1 and 2.
Table 1
Permissible exposure in cases of continuous noise
Total time of exposure (continuous or number of
short term exposures) a per day, in hours
Sound pressure level in dBA
8
85
6
87
4
90
3
92
1 ½
97
1
100
¾
102
½
105
¼
110
Notes: 1. No exposure in excess of 110 dBA is to be permitted.
2. For any period of exposure falling in between any figure and the next higher or lower figure as
indicated in column 1, the permissible sound pressure level is to be determined by extrapolation
on a proportionate basis.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 148
Table 2
Permissible exposure levels of impulsive or impact noise
Peak sound pressure level in Dba
Permitted number of impulses or impact per day
140
100
135
315
130
1,000
125
3,160
120
10,000
Notes: 1. No exposure in excess of 140 dB peak sound pressure level is permitted.
2.
For any peak sound pressure level falling in between any figure and the next higher or lower
figure as indicated in column 1, the permitted number of impulses or impacts per day is to be determined
by extrapolation on a proportionate basis.
3.
For the purposes of this schedule, if the variations in the noise level involve maximum at
intervals of one second or less, the noise is to be considered as a continuous one and the criteria given
in Table 1 would apply. In other cases, the noise is to be considered as impulsive or impact noise and
the criteria given in Table 2 shall apply.
4.
When the daily exposure is composed of two or more periods of noise exposure at different
levels their combined effect should be considered, rather than the individual effect of each. The mixed
exposure should be considered to exceed the limit value if the sum of the fractions C1/T1 +
C2/T2……+.
Cn/Tn exceeds unity, -
Where the C1, C2 etc. Indicate the total time of actual exposure at a specified noise level and T1, T2,
etc. Denote the time of exposure of less than 90 dBA may be ignored in the above calculation.
5.
Where it is not possible to reduce the noise exposure to the levels specified in sub-rule (1) by
reasonably practicable engineering control or administrative measures, the noise exposure shall be
reduced to the greatest extent feasible by such control measures, and each worker so exposed shall be
provided with suitable ear protectors so as to reduce the exposure to noise to the levels specified in sub-
rule (1).
6.
Where the ear protectors provided in accordance with sub- paragraph (2) and worn by a worker
cannot still attenuate the noise reaching near his ear, as determined by subtracting the attenuation value
in Dba of the ear protectors concerned from the measured sound pressure level, to a level permissible
under Table 1 or Table2 as the case may be, the noise exposure period shall be suitably reduced to
correspond to the permissible noise exposures specified in sub- paragraph (1).
7.
(a) In all cases where the prevailing sound levels exceed the permissible levels specified in sub-
paragraph (1) there shall be administered an effective hearing conservation programme which shall
include among other hearing conservation measures, pre-employment and periodical auditory surveys
conducted on workers exposed to noise exceeding the permissible levels, and rehabilitation of such
workers either by reducing the exposure to the noise levels or by transferring them to places where noise
levels are relatively less or by any other suitable means.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 149
8.
Medical examination by Medical officer–
(1)
The occupier shall ensure that the workers who are likely to be exposed to high noise at above
exposure action value are subjected to periodical medical examination once in a year. The medical
examination shall include tests which the Medical officer may consider appropriate and shall include
determination of auditory thresholds for pure tones of 125, 250, 500, 1000, 2000, 4000 and 8000 cycles
per second.
( 2)
Every worker exposed to high noise level shall be examined by a Medical officer within 15
days of his first employment. No worker shall be allowed to work after 15 days of his first employment
in the factory unless certified fit for such employment by the Medical officer.
( 3)
Every worker employed in process involving high noise shall be re- examined by a Medical
officer at least once in every 12 months and such examination shall, wherever the Medical officer
considers appropriate, include all the tests in subparagraph (1).
(4)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2),including the nature and the results of this test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(5)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(6)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(7)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
PART-B
HIGH VIBRATION LEVELS
1.
Applications-This part of the Schedule shall apply to all operations in a manufacturing part of
the process having high undesired vibrations.
2.
Definition:
(a)
“daily exposure” means the quantity of mechanical vibration to which a worker is exposed
during a working day, which takes account of the magnitude and duration of the vibration;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 150
(b)
“Vibration” means a mechanical phenomenon where by oscillations occur about equilibrium
point. The oscillations may be periodic or random.
(c)
“high vibration” means any exposure greater than the exposure limit value and action value
specified in clause-3.
(d)
“exposure action value” means the level of daily exposure set out in clause-3 for any worker
which, if reached or exceeded, requires specified action to be taken to reduce risk;
(e)
“exposure limit value” means the level of daily exposure for any worker which must not be
exceeded, as specified in sub clause-3
(f)
“hand-arm vibration” means mechanical vibration which is transmitted into the hands and arms
during a work activity;
(g)
“mechanical vibration” means vibration occurring in a piece of machinery or equipment or in
a vehicle as a result of its operation; and
(h)
“whole-body vibration” means mechanical vibration which is transmitted into the body, when
seated or standing, through the supporting surface, during a work activity or as described in sub clause
3(2).
3.
Exposure limit values and action values.
(1)
For hand-arm vibration
(a)
the daily exposure limit value is 5 m/s2 A(8);
( b)
the daily exposure action value is 2.5 m/s2A(8),
and daily exposure shall be ascertained on the basis set out in the relevant National/International
Standards specified in table 1 below.
(2)
For whole body vibration
(a)
the daily exposure limit value is 1.15 m/s2A(8);
(b)
the daily exposure action value is 0.5 m/s2A(8),
and daily exposure shall be ascertained on the basis set out in the relevant National/International
Standards
Table 1
The Threshold Limit Values (TLVs) for exposure of the hand to vibration in X, Y, or Z direction of
axes in the three dimensional system shall be as given below:
Total Daily Exposure Duration (hours)
Maximum value of frequency weighted
acceleration (m/s2) in any direction
4 to less than 8 hours
4
2 to less than 4 hours
6
1 to less than 2 hours
8
less than 1hour
12
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 151
3
Assessment of vibration exposure shall be made for each applicable direction (X, Y, Z)) since
vibration is a vector quantity (magnitude and direction). In each direction, the magnitude of the vibration
during normal operation of the power tool, machine or work piece should be expressed by the root-
mean-square (RMS) value of the frequency –weighted component acceleration, in units of meter per
second squared (m/s2)
4.
Assessment of risk to health due to vibration at the work place.
(1)
An occupier who carries out work which is liable to expose any worker from vibration shall
make a suitable and sufficient assessment of the risk created by that work to the health and safety of
those and the risk assessment shall identify the control measures that need to be taken.
(2)
The risk assessment should be reviewed whenever it is felt the changes in the process makes
the earlier risk assessment no longer valid.
5.
Engineering control measures
1.
The occupier shall ensure that risk from the exposure of workers to vibration is either eliminated
at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably
practicable.
(a)
Where it is not reasonably practicable to eliminate risk at source pursuant to paragraph.
(b)
and an exposure action value is likely to be reached or exceeded, the employer shall reduce
exposure to as low a level as is reasonably practicable by establishing and implementing a programme
of engineering control measures which are appropriate to this type of activity.
(c)
The occupier shall ensure that the workers are provided with the following measures:-
(i)
work equipment of appropriate ergonomic design which, taking account of the work to be done,
produces the least possible vibration;
(ii)
the provision of auxiliary equipment which reduces the risk of injuries caused by vibration; and
install appropriate maintenance programmes for work equipment, the workplace and workplace
systems;
(iii)
Subject to sub clause 5, the employer shall ensure that his employees are not exposed to
vibration above an exposure limit value; and shall take necessary to identify the reasons for the limit
being exceeded and take appropriate steps to reduce the exposure to vibration to below limit value.
Provided that where the exposure of an employee to vibration is usually below the exposure action value
but varies markedly from time to time and may occasionally exceed the exposure limit value.
provided further that– any exposure to vibration averaged over one week is less than the exposure limit
value and there is evidence to show that the risk from the actual pattern of exposure is less than the
corresponding risk from constant exposure at the exposure limit value; and that the (b) risk is reduced
to as low a level as is reasonably practicable, taking into account the special circumstances.
6.
Medical examination by Medical officer–
(1)
The occupier shall ensure that the workers who are likely to be exposed to vibration at above
exposure action value are subjected to periodical medical examination once in a year. The medical
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 152
examination shall include general and physical examination as well as special test for Reynaud’s
phenomenon.
(2)
Every worker employed in the processes specified in paragraph 1 shall be examined by a
Medical officer within 15 days of his first employment. No worker shall be allowed to work after 15
days of his first employment in the factory unless certified fit for such employment by the Medical
officer.
(3)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every 12 months and such examination shall, wherever the Medical officer considers
appropriate, include all the tests in subparagraph (1).
(4)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and (2),including the nature and the results of this test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(5)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(6)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(7)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
7.
Personal Protective equipment
(1)
The occupier shall ensure that the worker who are likely to be exposed to high level of vibration
are provided with appropriate PPE and protective clothing confirming to national or international
standards. Such Personal Protective Equipment should include hand gloves and safety shoes. The
protective clothing shall be able to protect the workers from cold and dump.
(2)
The occupier shall ensure that workers are given periodical training in the use care and
maintenance of the Personal Protective Equipment.
8.
Administrative Control Measures
(1)
The occupier shall ensure that as far as reasonably practicable as all necessary control measures
are taken to ensure that the unwanted vibrations does not affect the health of the workers employed in
the process to which this part of schedule apply.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 153
(2)
The occupier shall provide all workers with information instruction and training to be adopted
to limit the exposure limit values and action values as set out in sub clause-3.
(3)
Without prejudice to the generality of paragraph (1), the information, instruction and training
provided under that paragraph shall include–
I.
the exposure limit values and action values set out in sub clause -3.
II.
safe working practices to minimise exposure to vibration; and
III.
suitable and sufficient information and training for employees, such that work equipment may
be used correctly and safely, in order to minimise their exposure to vibration;
IV.
limitation of the duration and magnitude of exposure to vibration;
V.
appropriate work schedules with adequate rest periods; and
VI.
The information, instruction and training required by paragraph (2) shall be updated to take
account of significant changes in the type of work carried out or the working methods used by the
employer.
(4)
The Occupier shall display pictorial cautionary notices/warning signs at conspicuous places
where there are possibilities of workers being exposed to undesired high vibrations.
9.
Prohibition in employment of pregnant women, adolescent.
No pregnant women or adolescent or persons with disabilities shall be employed in the process covered
by this part of the schedule
10.
Exemptions
If in respect of any factory, the Chief Inspector-cum-Facilitator is satisfied that owing to any exceptional
circumstances, or infrequently of the process, or for any other reason, application of all or any of the
provisions of this schedule is not necessary for the protection of the persons employed in such factory,
he may by an order in writing which he may at his discretion revoke, exempt such factory from all or
any of the provisions on such conditions and for such period as he may specify in the said matter.
SCHEDULE – XXIV
MANUFACTURE OR MANIPULATION OF DANGEROUS PESTICIDES
1.
Application –This schedule shall apply in respect of all factories or any part thereof in which
the process of manufacture or manipulation of dangerous pesticide hereinafter referred to as the said
manufacturing process is carried on.
2.
Definitions – For the purpose of this Schedule –
(a)
“dangerous pesticides” means any product proposed or used for controlling, destroying or
repelling any pest or for preventing growth or mitigating effects of such growth including any of its
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 154
formulations which is considered toxic under and is covered by the Insecticides Act, 1968 and the rules
made there under and any other product, as may be notified from time to time by the UT Administration;
(b)
“manipulation” includes mixing, blending, formulating, filling, emptying, packing or otherwise
handling;
(c)
“efficient exhaust draught” means localised mechanical ventilation for removal of smoke, gas,
vapour, dust, fume or mist so as to prevent them from escaping into the air of any work room in which
work is carried on. No exhaust draught shall be considered efficient if it fails to remove smoke generated
at the point where such gas, fume, dust, vapour or mist originates from the process.
3.
Instruction to workers – Every worker on his first employment shall be fully instructed on the
properties including dangerous properties of the chemicals handled in the said manufacturing process
and the hazards involved. The employees shall also be instructed in the measures to be taken to deal
with any emergency. Such instructions shall be repeated periodically.
4.
Cautionary notice and placards – Cautionary notices and placards in the form specified in
appendix to this schedule and printed in the language of the majority of the workers shall be displayed
in all work places in which said manufacturing process is carried on so that they can be easily and
conveniently read by the workers. Arrangements shall be made by the occupier and the manager of the
factory to periodically instruct the workers regarding the health hazards arising to in the said
manufacturing process and methods of protection. Such notices shall include brief instructions
regarding the periodical clinical tests required to be undertaken for projecting health of the workers.
5.
Prohibition relating to employment of pregnant women or Adolescent –
No pregnant woman or adolescent shall be employed or permitted to work in any room in which the
said manufacturing process is carried on or in any room in which dangerous pesticide is stored.
6.
Food drinks, and smoking prohibition – (1) No food, drink, tobacco, pan or supari shall be
brought into or consumed by any worker in any workroom in which the said manufacturing process is
carried out.
(2)
Smoking shall be prohibited in any workroom in which the said manufacturing process is
carried out.
7.
Protective clothing and protective equipment – (1) Protective clothing consisting of long pants
and shirts or overalls with long sleeves and head coverings shall be provided for all workers employed
in the said manufacturing process.
(2)
(a) Protective equipment consisting of rubber gloves, gum boots, rubber aprons, chemical safety
goggles and respirators shall be provided for all workers employed in the said manufacturing process.
(b)
Gloves, boots, aprons shall be made from synthetic rubber where a pesticide contains oil.
(3)
Protective clothing and equipment shall be worn by the workers supplied with such clothing
and equipment.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 155
(4)
Protective clothing and equipment shall be washed daily from inside and outside if the workers
handle pesticides containing nicotine or phosphorous and shall be washed frequently if handling other
pesticides.
(5)
Protective clothing and equipment shall be maintained in good condition.
8.
Floors and work-benches – (1) Floors in every workroom where dangerous pesticides are
manipulated shall be of cement or other impervious material giving a smooth surface.
(2)
Floors shall be maintained in good repair, provided with adequate slope leading to a drain and
thoroughly washed once a day with the hose pipe.
(3)
Work-benches where dangerous pesticides are manipulated shall be made of smooth, non-
absorbing material preferably stainless steel and shall be cleaned at least once daily.
9.
Spillage and waste – (1) If a dangerous pesticide during its manipulation splashes or spills on
the work-bench, floor or on the protective clothing worn by a worker, immediate action shall be taken
for through decontamination of such areas or articles.
(2)
Cloth, rags, paper or other material soaked or soiled with a dangerous pesticide shall be
deposited in a suitable receptacle with tight fitting cover. Contaminated waste shall be destroyed by
burning at least once a week.
(3)
Suitable deactivating agents, where available, shall be kept in a readily accessible place for use
while attending to a spillage.
(4)
Easy means of access shall be provided to all parts of the plant for cleaning, maintenance and
repairs.
10.
Empty containers used for dangerous pesticides – Containers used for dangerous pesticides
shall be thoroughly cleaned of their contents and treated with an inactivating agent before being
discarded or destroyed.
11.
Manual handling – (1) A dangerous pesticide shall not be required or allowed to be manipulated
by hand except by means of a long handled scoop.
(2) Direct contact of any part of the body with a dangerous pesticide during its manipulation shall be
avoided.
12.
Ventilation – (1) In every workroom or area where a dangerous pesticide is manipulated,
adequate ventilation shall be provided at all times by the circulation of fresh air.
(2)
Unless the process is completely enclosed, the following operations during manipulation of a
dangerous pesticide shall not be undertaken without an efficient exhaust draught :-
(a)
emptying a container holding a dangerous pesticide;
(b)
blending a dangerous pesticide;
(c)
preparing a liquid or powder formulation containing a dangerous pesticide; and
(d)
Changing or filling a dangerous pesticide into a container, tank hopper or machine or small
sized containers.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 156
(3)
In the event of a failure of the exhaust draught provided on the above operation, the said
operations shall be stopped forthwith.
(4)
(i) All equipment for the extraction or suppression of dust shall at least once in every six months
be examined and tested by competent person, and any defect disclosed by such examination and test
shall be rectified as soon as practicable.
(ii)
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
13.
Time allowed for washing – (1) Before each meal and before the end of the day’s work at least
ten minutes in addition to the regular rest interval shall be allowed for washing to each worker engaged
in the manipulation of dangerous pesticide.
(2)
Every worker engaged in the manipulation of dangerous pesticides shall have a thorough wash
before consuming any food and also at the end of the day’s work.
14.
Washing and bathing facilities –
(1)
There shall be provided and maintained in a clean state and in good repair for the use of all
workers employed in the factory where the said manufacturing process is carried on, adequate washing
and bathing places having a constant supply of water under cover at the rate of one such place for every
5persons employed.
(2)
The washing places shall have standpipes placed at intervals of not less than one meter.
(3)
Not less than one half of the total number of washing places shall be provided with bathrooms.
(4)
Sufficient supply of clean towels made of suitable material shall be provided :
Provided that such towels shall be supplied individually for each worker is so ordered by the Inspector-
cum-Facilitator.
(5)
Sufficient supply of soap and nail brushes shall be provided.
15.
Cloakroom – There shall be provided and maintained for the use of all workers employed in
the factory where the said manufacturing process is carried on –
(a)
a cloakroom for clothing put off during working hours with adequate arrangements for drying
clothing, if wet; and
(b)
separate and suitable arrangements for the storage of protective clothing provided under
paragraph 7.
16.
Mess room – (1) There shall be provided and maintained for the use of all workers employed
in the factory in which the said manufacturing process is carried on and remaining on the premises
during the rest intervals, suitable mess room which shall be furnished with –
(a)
sufficient tables and benches with back rest, and
(b)
Adequate means for warming food.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 157
(2)
The mess room shall be placed under the charge of responsible person and shall be kept clean.
17.
Manipulation not be undertaken – Manufacture or manipulation of a pesticides shall not be
undertaken in any factory unless a certificate regarding its dangerous nature or otherwise is obtained
from the Chief Inspector-cum- Facilitator.
18.
Medical examination by medical officer –
(1)
every worker employed in the processes specified in paragraph 1 shall be examined by a
Medical officer within15 days of his first employment. Such examinations in respect of Halogenated
Pesticides, shall include tests for determination of chemical in blood and in fat tissues, E.E.G.
abnormalities and memory tests. In respect of organo phosphate compounds, such examinations shall
include tests for depression of cholinesterase in plasma and red blood cells. No worker shall be allowed
to work after 15 days of his first employment in the factory unless certified fit for such employment by
the Medical officer.
(2)
Every worker employed in the said process shall be re-examined by a Medical officer at least
once in every six calendar months. Such examination shall, wherever the Medical officer considers
appropriate, include the tests specified in sub-paragraph (1). Further every worker employed in the said
processes shall also be examined once in every three months by the qualified medical practioner.
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under subparagraph(1) and (2), including the nature and the results of these test, shall also
be entered by the medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance there in would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer, in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
20.
Exemption – If in respect of any factory the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or the infrequency of the said manufacturing process or for any
other reason which shall record in writing all or any of the provisions of this schedule are not necessary
for the protection of workers employed in the factory, he may by a certificate in writing exempt such
factory, from all or any of the provisions on such condition as he may specify therein
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 158
APPENDIX
CAUTIONARY NOTICE
(Insecticides and pesticides)
1.
Chemicals handled in this plant are poisonous substances.
2.
Smoking, eating food or drinking, chewing tobacco in this area is prohibited. No food stuff or
drink shall be brought in this area.
3.
Some of these chemicals may be absorbed through skin and may cause poisoning.
4.
A good wash shall be taken before meals.
5.
A good bath shall be taken at the end of this shift.
6.
Protective clothing and equipment supplied shall be used while working in this area.
7.
Containers of pesticides shall not be used for keeping food stuffs.
8.
Spillage of the chemicals on any part of the body or on the floor or workbench shall be
immediately washed away with water.
9.
Clothing contaminated sue to splashing shall be removed immediately.
10.
Scrupulous cleanliness shall be maintained in this area.
11.
Do not handle pesticides with bare hands, use scoops provided with handle.
12.
In case of sickness like nausea, vomiting, giddiness, the manager should be informed who will
make necessary arrangements for treatment.
13.
All workers shall report for the prescribed medical tests regularly to protect their own health
SCHEDULE – XXV
MANUFACTURE OF RAYON BY VISCOSE PROCESS
1.
Definitions – For the purpose of this schedule –
(a)
“approved” means approved for the time being in writing by the Chief Inspector-cum-
Facilitator;
(b)
“breathing apparatus” means a helmet or face piece with necessary connections by means of
which the person using it in a poisonous, asphyxiating or irritant atmosphere breathes unpolluted air; or
any other approved apparatus;
(c)
“churn” means the vessel in which alkali cellulose pulp is treated with carbon disulphide;
(d)
“dumping” means transfer of cellulose xanthate from a dry churn to a dissolver;
(e)
“efficient exhaust draught” means localised ventilation by mechanical means for the removal
of any gas or vapour, so as to prevent it from escaping into the air of any place in which work is carried
on. No draught shall be deemed to be efficient if it fails to control effectively any gas or vapour
generated at the point where such gas or fume originates;
(f)
“fume process” means any process in which carbon disulphide or hydrogen sulphide is
produced, used or given off;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 159
(g)
“life belt” means a belt made of leather or other suitable material which can be securely fastened
round the body with a suitable length of rope attached to it, each of which is sufficiently strong to sustain
the weight of a man;
(h)
“protective equipment” means apron, goggles, face shields, footwear, gloves and overalls made
of suitable materials.
2.
Ventilation –
(1)
In all workrooms where a fume process is carried on, adequate ventilation by natural or
mechanical means shall be provided so as to control, in association with other control measures, the
concentration of carbon-di-sulphide and hydrogen sulphide in the air of every work environment within
the permissible limits.
(2)
Notwithstanding the requirements in sub-paragraph (1) an efficient exhaust draught shall be
provided and maintained to control the concentration of carbon- disulphide and hydrogen sulphide in
the air at the following locations :-
(a)
dumping hoppers of dry churns;
(b)
spinning machines;
(c)
trio rollers and cutters used in steple fibre spinning;
(d)
gydro-extractors for yarn cakes;
(e)
after treatment processes; and
(f)
spin baths.
(3)
In so far as the spinning machines and trio rollers and cutters used in staple fibre spinning are
concerned, they shall be, for the purpose of ensuring the effectiveness of the exhaust draft to be provided
as required in sub-paragraph (1), enclosed as fully as practicable and provided with suitable shutters in
sections to enable the required operations to be carried out without giving rise to undue quantities of
carbon-di-dulphide escaping to the work environment.
(4)
No dry churn shall be opened after completion of reaction without initially exhausting the
residual vapours of carbon-di-sulphide by operation of a suitable and efficient arrangement for
exhausting the vapours which shall be continued to be operated as long as the churn is kept opened.
(5)
Whenever any ventilation apparatus normally required for the purpose of meeting the
requirements in sub-paragraphs (2), (3), and (4) is ineffective, fails, or is stopped for any purpose
whatsoever, all persons shall be required to leave the work areas where the equipment or processes
specified in the above said sub-paragraphs are in use, as soon as possible, and in any case not later than
15 minutes after such an occurrence.
(6)
(a) All ventilating systems provided for the purposes as required in subparagraphs(2), (3) and
(4) shall be examined and inspected once every week by a responsible person. It shall be thoroughly
examined and tested by a competent person once In every period of 12 months. Any defects found by
such examinations or test shall be rectified forthwith.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 160
(b)
A register containing particulars of such examinations and tests, and the state of the systems
and the repairs or alterations (if any) found to be necessary shall be kept and shall be available for
inspection by an Inspector-cum-Facilitator.
3.
Waste from spinning machines- Waste yarn from the spinning machines shall be deposited in
suitable containers provided with close fitting covers. Such waste shall be disposed off as quickly as
possible after decontamination.
4.
Lining of dry churns – The inside surface of all dry churns shall be coated with a non sticky
paint so that cellulose xanthate will not stick to the surface of the churn. Such coating shall be
maintained in good condition.
5.
Air monitoring –
(1)
To ensure the effectiveness of the control measures, monitoring of carbon- disulphide and
hydrogen sulphide in air shall be carried out once at least in every shift and the record of the results so
obtained shall be entered in a register specially maintained for the purposes.
(2)
For the purpose of the requirement in sub-paragraph (1), instantaneous gas detector tubes shall
not be used. Samples shall be collected over duration of not less than 10 minutes and analyzed by an
approved method. The locations where such monitoring is to be done shall be as directed by the
Inspector-cum- Facilitator.
(3)
If the concentration of either carbon disulphide or hydrogen sulphide exceeds the permissible
limits for such vapour or gas as laid down in Rules, suitable steps shall be taken for controlling the
concentrations in air of such contaminants. A report of such occurrences shall be sent to the Chief
Inspector- cum-Facilitator forthwith.
6.
Prohibition to remain in fume process room – No person during his intervals for meal, or rest
shall remain in any room wherein fume process is carried on.
7.
Prohibition relating to employment of pregnant women and Adolescent
–
No adolescent shall be employed or permitted to work in any fume process or in any room in
which any such process is carried on.
8.
Protective equipment – (1) the occupier shall provide and maintain in good condition protective
equipment as specified in the Table for use of persons employed in the processes referred to therein.
Table
Name of Process
Name of Protective equipment
1
2
1
Dumping
Overalls, face-shields, gloves and footwear. All
made of suitable material
2
Spinning
Suitable aprons, gloves and footwear
3
Process involving or likely to
involve contact with viscose
solution
Suitable gloves and footwear
4
Handling of sulphur
Suitable chemical goggles
5
Any other process involving contact
with hazardous chemicals
Protective equipment as may be directed by the
Chief Inspector-cum-Facilitator by an order in
writing
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 161
(2) A suitable room, rooms or lockers shall be provided exclusively for the storage of
all protective equipment supplied to workers and no such equipment shall be stored at any place other
than the room, rooms or lockers so provided.
9.
Breathing apparatus – (1)There shall be provided in every factory where fume process is carried
on, sufficient supply of –
(a)
breathing apparatus,
(b)
oxygen and a suitable appliances for its administration, and
(c)
life belts.
(2)
(a) The breathing apparatus and other appliances referred to in subparagraph (1) shall be
maintained in good condition and kept in appropriate locations so as to be readily available.
(b)
The breathing apparatus and other appliances referred to in clauses (a) and (b) of sub-paragraph
(1) shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by
a responsible person.
(c)
A record of the maintenance of the condition of the breathing apparatus and other appliances
referred to in sub-clause (1) shall be entered in a register provided for that purpose which shall be readily
available for inspection by an Inspector-cum-Facilitator.
(3)
Sufficient number of workers shall be trained and periodically retrained in the use of breathing
apparatus and administering artificial respiration so that at least 2such trained persons would be
available during all the working hours in each room in which fume process is carried on.
(4)
Breathing apparatus shall be kept properly labelled in clean, dry, light-proof cabinets and if
liable to be affected by fumes, shall be protected by placing them in suitable containers.
(5)
No person shall be employed to perform any work for which breathing apparatus is necessary
to be provided under sub-paragraph (1) unless he has been fully instructed in the proper use of that
equipment.
(6)
No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a
person shall be worn by another person shall be worn by another person unless it has been thoroughly
cleaned and disinfected since last being worn and the person has been fully instructed in the proper use
of that equipment.
10.
Electric fittings – All electric fittings in any room in which carbon-di- sulphide is produced,
used or given off or is likely to be given off into the work environment, other than a spinning room,
shall be of flame-proof construction and all electric conduct or shall either be enclosed in metal conduits
or be lead- sheathed.
11.
Prohibition relating to smoking, etc. – No person shall smoke or carry matches, fire or naked
light or other means of producing a naked light or spark in a room in which fume process is carried on.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 162
A notice in the language understood by the majority of the workers shall be posted at prominent
locations in the plant prohibiting smoking and carrying of matches, fire or naked light or other means
of producing naked light or spark into such rooms.
Provided that fire, naked light or other means of producing a naked light of spark maybe carried on in
such room only when required for the purposes of the process itself under the direction of a responsible
person.
12.
Washing and bathing facilities –
(1)
There shall be provided and maintained in a clean state and in good repair for the use of all
workers employed and in the processes covered by the schedule, adequate washing and bathing places
having a constant supply of water under cover at the rate of one such place for every 25 persons
employed.
(2)
The washing places shall have standpipes placed at intervals of not less than one meter.
(3)
Not less than one half of the total number of washing places shall be provided with bathrooms.
(4)
Sufficient supply of clean towels made of suitable material shall be provided. Provided that
such towels shall be supplied individually for each worker if so ordered by the Inspector-cum-
Facilitator.
(5)
Sufficient supply of soap and nail brushes shall be provided.
13.
Rest Room –
(1)
A rest room shall be provided for the workers engaged in doffing operations of filament yarn
spinning process.
(2)
Such rest room shall be provided with fresh air supply and adequate seating arrangement.
14.
Cautionary notice and instructions – (1) the following cautionary notice shall be prominently
displayed in each fume process room.
Cautionary Notice
I.
Carbon disulphide (CS2) and Hydrogen Sulphide (H2S) which may be present in this room are
hazardous to health.
II.
Follow safety instructions.
III.
Use protective equipment and breathing apparatus as and when required.
IV.
Smoking is strictly prohibited in this area.”
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 163
This notice shall be in a language understood by the majority of the workers and displayed where it can
be easily and conveniently read. If any worker is illiterate, effective steps shall be taken to explain
carefully to him the contents of the notice so displayed.
(2)
Arrangements shall be made to instruct each worker employed in any room in which a fume
process is carried on regarding the health hazards connected with their work and the preventive
measures and methods to protect themselves. Such instructions shall be given on his first employment
and repeated periodically.
(3)
Simple and special instructions shall be framed to ensure that effective measures will be carried
out in case of emergency involving escape of carbon di-sulphide and hydrogen sulphide. Those
instructions shall be displayed in the concerned areas and workers shall be instructed and trained in the
actions to be taken in such emergencies.
15.
Medical examination by medical officer – (1) every worker employed in the processes specified
in paragraph 1 shall be examined by a Medical officer within15 days of his first employment. Such
examinations shall include skin test for dermatitis and no worker shall be allowed to work after 15 days
of his first employment in the factory unless certified fit for such employment by the Medical officer.
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every three calendar months and such examination shall, wherever the Medical officer
considers appropriate, include all the tests in sub-paragraph (1).
(3)
The Medical officer after examining a worker shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1) and(2) including the nature and the results of these test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance there in would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
17.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may be a certificate in writing which he may in his discretion revoke
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 164
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XXVI
HIGHLY FLAMMABLE LIQUIDS AND FLAMMABLE COMPRESSED GASES
1.
Application – These rules will be applicable to all factories where highly flammable liquids or
flammable compressed gases are manufactured, stored, handled or used.
2.
Definition – For the purpose of this schedule –
(a)
”highly flammable liquid” means any liquid including its solution, emulsion or suspension
which when tested in a manner specified by sections 14 and 15 of the Petroleum Act, 1934, (30 of 1934)
gives off flammable vapours at a temperature less than 32 degree centigrade;
(b)
”flammable compressed gas” means flammable compressed gas as defined in section 2 of the
Static and Mobile Pressure Vessels (Unfired) Rules 1981 framed under the Explosive Act, 1884.
3.
Storage –
(1)
Every flammable liquid or flammable compressed gas used in every factory shall be stored in
suitable fixed storage tank, or in suitable closed vessel located in a safe position under the ground, in
the open or in a store room of adequate fire resistant construction.
(2)
Except as necessary for use, operation or maintenance, every vessel or tank which contains or
had contained highly flammable liquid or flammable compressed gas shall be always kept closed and
all reasonably practicable steps shall be taken to contain or immediately drain off to a suitable container
any spill or leak that may occur.
(3)
Every container, vessel, tank, cylinder, or store room used for storing highly flammable liquid
or flammable compressed gas shall be clearly and in bold letters marked “Danger-Highly Flammable
Liquid” or “Danger-Flammable Compressed Gas”.
4.
Enclosed Systems for Conveying Highly Flammable Liquids – Wherever it is reasonably
practicable, highly flammable liquids shall be conveyed within a factory in totally enclosed systems
consisting of pipe lines, pumps and similar appliances from the storage tank or vessel to the point of
use. Such enclosed systems shall be so designed, installed, operated and maintained as to avoid leakage
or the risk of spilling.
5.
Preventing Formation of Flammable Mixture with Air – Wherever there is a possibility for
leakage or spill of highly flammable liquid or flammable compressed gas from any equipment, pipe
line, valve, joint or other part of a system, all practicable measures shall be taken to contain, drain off
or dilute such spills or leakage as to prevent formation of flammable mixture with air.
6.
Prevention of Ignition –
(1)
In every room, work place or other location where highly flammable liquid or flammable
combustible gas is stored, conveyed, handled or used or where there is danger of fire or explosion from
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 165
accumulation of highly flammable liquid or flammable compressed gas in air, all practicable measures
shall be taken to exclude the sources of ignition. Such precautions shall include the following:
(a)
All electrical apparatus shall either be excluded from the area of risk or they shall be of such
construction and so installed and maintained as to prevent the danger of their being a source of ignition;
(b)
Effective measures shall be adopted for prevention of accumulation of static charges to a
dangerous extent;
(c)
no person shall wear or be allowed to wear any foot wear having iron or steel nails or any other
exposed ferrous materials which is likely to cause sparks by friction;
(d)
Smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited;
(e)
Transmission belts with iron fasteners shall not be used; and
(f)
all other precautions, as are reasonably practicable, shall be taken to prevent initiation of
ignition from all other possible sources such as open flames, frictional sparks, overheated surfaces of
machinery or plant, chemical or physical-chemical reaction and radiant heat.
7.
Prohibition of smoking – No person shall smoke in any place where highly flammable liquid
or flammable compressed gas is present in circumstances that smoking would give a risk of life. The
occupier shall take all practicable measures to ensure compliance with this requirement including
display of a bold notice indicating prohibition of smoking at every place where this requirement applies.
8.
Fire Fighting – In every factory where highly flammable liquid or flammable compressed gas
is manufactured, stored, handled or used, appropriate and adequate means of fighting a fire shall be
provided. The adequacy and suitability of such means which expression includes the fixed and portable
fire extinguishing systems, extinguishing material, procedures and the process of fire fighting, shall be
to the standards and levels prescribed by the Indian Standards applicable, and in any case not inferior
to the standards prescribed by Central Government under the Code.
9.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may be a certificate in writing which he may in his discretion revoke
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XXVII
OPERATIONS IN FOUNDRIES
1.
Application – Provisions of this schedule shall apply to all parts of factories where any of the
following operations or processes are carried on:
(a)
the production of iron castings or, as the case may be, steel castings by casting in moulds made
of sand, loam, moulding composition or other mixture of materials, or by shall moulding, or by
centrifugal casting and any process incidental to such production;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 166
(b)
the production of non-ferrous castings by casting metal in moulds made of sand, loam , metal,
moulding composition or other material or mixture of materials, or by shall mouldings, die-casting
(including pressure die casting), centrifugal casting or continuous casting and any process incidental to
such production; and
(c)
the melting and casting of non-ferrous metal for the production of ingots, billets, slabs or other
similar products, and the stripping thereof;
But shall not apply with respect to –
(a)
Any process with respect to the smelting and manufacture of lead and the Electric
Accumulators;
(b)
Any process for the purpose of a printing works; or
(c)
Any smelting process in which metal is obtained by a reducing operation or any process
incidental to such operation; or
(d)
The production of steel in the form of ingots; or
(e)
Any process in the course of the manufacture of solder or any process incidental to such
manufacture; or
(f)
the smelting and casting of lead or any lead-based alloy for the production of ingots, billets,
slabs or other similar products or the stripping thereof, or any process incidental to such melting, casting
or stripping.
2.
Definition – For the purpose of this schedule –
(A)
“approved respirator’ means a respirator of a type approved by the Chief Inspector-cum-
Facilitator;
(B)
“cupola of furnace” includes a receiver associated therewith;
(C)
“dressing or fettling operations” includes stripping and other removal of adherent sand, cores,
runners, risers, flash and other surplus metal from a casting and the production of reasonably clean and
smooth surface, but does not include (a) the removal of metal from a casting when performed
incidentally in connection with the machining or assembling of castings after they have been dressed or
fettled, or (b) any operation which is knock-out operation within the meaning of this schedule;
(D)
“foundry” means those parts of a factory in which the production of iron or steel or non-ferrous
castings (not being the production of pig iron or the production of steel in the form of ingots) is carried
on by casting in moulds made of sand, loam, moulding composition or other mixture of materials, or
by shell moulding or by centrifugal casting in metal moulds lined with sand, or die casting including
pressure die casting, together with any part of the factory in which any of the following processes are
carried on as incidental processes in connection with and in course of, such production, namely, the
preparation and preparation of moulds and cores, knock out operations and dressing or fettling
operations;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 167
(E)
“knock-out operations” means all methods of removing castings from moulds and the following
operations, when done in connection therewith, namely, stripping, coring-out and the removal of
runners and risers;
(F)
“pouring aisle” means an aisle leading from a main gangway or directly from a cupola or
furnace to where metal is poured into moulds.
3.
Prohibition of use of certain materials as parting materials –
(1)
A material shall not be used as a parting material if it is a material containing compounds of
silicon calculated as silica to the extent more than 5 percent by weight of the dry material :
Provided that this prohibition shall not prevent the following being used as a parting material if the
material does not contain an admixture of any other silica–
(a)
Zirconium silicate (Zircon)
(b)
Calcined china clay
(c)
Calcined aluminous fireclay
(d)
Sillimanite
(e)
Calcined or fused alumina
(f)
Olivine
(g)
Natural sand
(2)
Dust or other matter deposited from a fettling or blasting process shall not be used as a parting
material or as a constituent in a parting material.
4.
Arrangement and storage – For the purposes of promoting safety and cleanliness in workrooms
the following requirements shall be observed:-
(a)
moulding boxes, loam plates, ladles, patterns, pattern plates, frames, boards, box weights, and
other heavy articles shall be so arranged and placed as to enable work to be carried on without
unnecessary risk;
(b)
Suitable and conveniently accessible racks, bins, or other receptacles shall be provided and used
for the storage of other gear and tools;
(c)
Where there is bulk storage of sand, fuel, metal scrap or other materials or residues, suitable
bins, bunkers or other receptacles shall be provided for the purpose of such storage.
5.
Construction of floors –
(1)
Floors of indoor workplaces in which the processes are carried on, other than parts which are
of sand, shall have been surface of hard material.
(2)
No part of the floor of any such indoor workplace shall be of sand except where this is necessary
by reason of the work done.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 168
(3)
All parts of the surface of the floor of any such indoor workplace which are of sand shall, so
far as practicable, be maintained in an even and firm condition.
6.
Cleanliness of indoor workplaces.-
(1)
All accessible parts of the walls of every indoor workplace in which the processes are carried
on and of everything affixed to those wall shall be effectively cleaned by a suitable method to a height
of not less than 4.2 metres from the floor at least once in every period of fourteen months. A record of
the carrying out of every such effective cleaning in pursuance of this paragraph including the date
(which shall be not less than five months nor more than nine months after the last immediately preceding
washing, cleaning or other treatment.)
(2)
Effective cleaning by a suitable method shall be carried out at least once every working day of
all accessible parts of the floor of every indoor workplace in which the processes are carried on, other
than parts which are of sand; and the parts which are of sand shall keep in good order.
7.
Manual operations involving molten metal –
(1)
There shall be provided and properly maintained for all persons employed on manual operations
involving molten metal with which they are liable to be splashed, a working space for that operation –
(a)
Which is adequate for the safe performance of the work and
(b)
Which, so far as reasonably practicable, is kept free from obstruction?
(2)
Any operation involving the carrying by hand of a container holding molten metal shall be
performed on a floor all parts of which where any person walks while engaged in the operation shall be
on the same level:
Provided that, where necessary to enable the operation to be performed without undue risk, nothing in
this paragraph shall prevent the occasional or exceptional use of a working space on a different level
from the floor, being a space provided with a safe means of access from the floor for any person while
engaged in the operation.
8.
Gangways and pouring aisles –
(1)
In every workroom to which this paragraph applies constructed, reconstructed or converted for
use as such after the making of this Schedule and, so far as reasonably practicable, in every other
workroom to which this Paragraph applies, sufficient and clearly defined main gangway shall be
provided and properly maintained which –
(a)
shall have an even surface of hard material and shall, in particular, not be of sand or have on
them more sand than is necessary to avoid risk of flying metal from accidental spillage;
(b)
shall be kept, so far as reasonably practicable, free from obstruction;
(c)
if not used for carrying molten metal, shall be at least 920 millimetre in width;
(d)
if used for carrying molten metal shall be –
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 169
(i)
Where truck ladles are used exclusively, at least 600 millimetres wider than the overall width
of the ladle;
(ii)
Where hand shanks are carried by not more than two men, at least 920 millimetres in width;
(iii)
Where hand shanks are carried by more than two men, at least 1.2matters in width; and
(iv)
Where used for simultaneous travel in both directions by men carrying hand shanks, at least 1.8
metres in width.
(2)
In workroom to which this Paragraph applies constructed, reconstructed or converted for use
as such after the making of this Schedule, sufficient and clearly defined pouring aisles shall be provided
and properly maintained which–
(a)
shall have an even surface of hard material and shall, in particular, not be sand or have on them
more sand than is necessary to avoid risk of flying metal from accidental spillage;
(b)
Shall be kept so far as reasonably practicable free from obstruction;
(c)
if molten metal is carried in hand ladles or bulk ladles by not more than two en per ladle, shall
be at least 460 millimetres wide, but where any moulds alongside the aisle are more than 510 millimetres
above the floor of the aisle, the aisle shall be not less than 600 millimetres wide;
(d)
if molten metal is carried in hand ladles or bull ladles by more than two men per ladle, shall be
at least 760 millimetres wide;
(e)
if molten metal is carried in crane, trolley or truck ladles, shall be of a width adequate for the
safe performance of the work.
(3)
Requirements of sub-paragraph (1) and (2) shall not apply to any workroom or part of a
workroom if, by reason of the nature of the work done therein, the floor of that workroom or, as the
case may be, that part of a workroom has to be of sand.
(4)
In this paragraph “workroom to which this paragraph applies” means a part of a ferrous or non-
ferrous foundry in which molten metal is transported or used, and a workroom to which this paragraph
applies shall be deemed for the purposes of this paragraph to have been constructed, reconstructed or
converted for use as such after the making of this schedule if the construction, reconstruction or
conversion thereof was begun after the making of this schedule.
9.
Work near cupolas and furnaces – No person shall carry out any work within a distance of 4
metres from a vertical line passing through the delivery end of any spout of a cupola or furnace, being
a spout used for delivering molten metal, or within a distance of 2.4 metres from a vertical line passing
through the nearest part of any ladle which is in position at the end of such a spout, except, in either
case, where it is necessary for the proper use of maintenance of a cupola or furnace that work should be
carried out within that distance of that work is being carried out at such a time and under such conditions
that there is no danger to the person carrying it out from molten metal which is being obtained from the
cupola or furnace or is in a ladle in position at the end of the spout.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 170
10.
Dust and fumes.-
(1)
Open coal, coke or wood fires shall not be used for heating or drying ladles inside a workroom
unless adequate measures are taken to prevent, so far as practicable, fumes or other impurities from
entering into or remaining in the atmosphere of the workroom.
(2)
No open coal, coke or wood fires shall be used for drying moulds except in circumstances in
which the use of such fires is unavoidable.
(3)
Mould stoves, core stoves and annealing furnaces shall be so designed constructed, maintained
and worked as to prevent, so far as practicable, offensive or injurious fumes from entering into any
workroom during any period when a person is employed therein.
(4)
All knock-out operations shall be carried out –
(a)
in a separate part of foundry suitably partitioned off, being a room or part in which, so far as
reasonably practicable, effective and suitable local exhaust ventilation and a high standard of general
ventilation are provided; or
(b)
in an area of the foundry in which, so far as reasonably practicable, effective and suitable local
exhaust ventilation is provided, or where compliance with this requirement is not reasonably
practicable, a high standard of general ventilation is provided.
(5)
All dressing or fettling operations shall be carried out –
(a)
In a separate room or in a separate part of foundry suitably partitioned off; or
(b)
In an area of the foundry set apart for the purpose; and shall, so far as reasonably practicable,
be carried out with effective and suitable local exhaust ventilation or other equally effective means of
suppressing dust, operating as near as possible to the point of origin of the dust.
11.
Maintenance and examination of exhaust plant –
(1)
All ventilation plant used for the purpose of extracting, suppressing or controlling dust or fumes
shall be properly maintained.
(2)
All ventilating plant used for the purpose of extracting, suppressing or controlling dust or fumes
shall be examined and inspected once every week by a responsible person. It shall be thoroughly
examined and tested by a competent person at least once in every such examination and test shall be
entered in an register in Form-42 electronically or otherwise which shall be available for inspection by
an Inspector-cum-Facilitator. Any defect found on any such examination and carrying out the
examination and test to the occupier of the factory.
12.
Protective equipment –
(1)
The occupier shall provide and maintain protective equipment specified for the protection of
workers,
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 171
(a)
suitable gloves to other protection for the hands for workers engaged in handling any hot
material likely to cause damage to the hands by burn, scald, or scar, or in handling pig iron, rough
castings or other articles likely to cause damage to the hands by cut or abrasion;
(b)
approved respirators for workers carrying out any operations creating a have dust concentration
which cannot be dispelled quickly and effectively by the existing ventilation arrangements.
(c)
No respirator provided for the purposes of clause 1(b) has been worn by a person shall be worn
by another person if it has not since been thoroughly cleaned and disinfected.
(3)
Persons who for any of their time –
(a)
work at a spout of or attend to, a cupola or furnace in such circumstances that material there
from may come into contact with the body, being material at such a temperature that its contact with
the body would cause a burn; or
(b)
Are engaged in, or in assisting with, the pouring of molten metal; or
(c)
carry by hand or move by manual power any ladle or mould containing molten metal; or
(d)
are engaged in knocking-out operations involving material at such a temperature that its contact
with the body would cause a burn;
Shall be provided with suitable footwear and gaiters which worn by them prevent, so far as reasonably
practicable, risk of burns to his feet and ankles.
(4)
Where appropriate, suitable screens shall be provided for protection against flying materials
(including splashes of molten metal and sparks and chips thrown off in the course of any process).
(5)
The occupier shall provide and maintain suitable accommodation for the storage and make
adequate arrangements for cleaning and maintaining of the protective equipment supplied in pursuance
of this paragraph.
(6)
Every person shall make full and proper use of the equipment provided for his protection in
pursuance of sub-paragraph (1) and (4) and shall without delay report to the occupier, manager, or other
appropriate person any defect in, or less of, the same.
13.
Washing and bathing facilities –
(1)
There shall be provided and maintained in clean state and good repair for the use of all workers
employed in the foundry –
(a)
A wash place under cover with either –
(i)
a trough with impervious surface fitted with a waste pipe without plug, and of sufficient length
to allow at least 60 centimetres for every 10 such persons employed at any one time and having a
constant supply of clean water from taps or jets above the trough at intervals of not more than 60
centimetres or
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 172
(ii)
at least one tap or stand pipe for every 10 such persons employed at any one time, and having
a constant supply of clean water, the tap or stand pipe being spaced not less than 1.2 metres apart; and
(b)
Not less than one half of the total number of washing places provided under clause (a) shall be
in form of bath rooms.
(c)
A sufficient supply of clean towels made of suitable material changed daily, with sufficient
supply of nail brushes and soap.
(2)
The facilities provided for the purposes of sub-paragraph (1) shall be placed in charge of a
responsible person or persons and maintained in a clean and orderly condition.
14.
Disposal of dross and skimming – Dross and skimming removed from molten metal or taken
from a furnace shall be placed forthwith in suitable receptacles.
15.
Disposal of waste – Appropriate measures shall be taken for the disposal of all waste products
from shell moulding (including waste burnt sand) as soon as reasonably practicable after the castings
have been knocked-out.
16.
Material and equipment left out of doors – All material and equipment left out of doors
(including material, and equipment so left only temporarily or occasionally) shall be so arranged and
placed as to avoid unnecessary risk. There shall be safe means of access to all such material and
equipment and, so far as reasonably practicable, such access shall be by roadways or pathways which
shall be properly maintained. Such roadways or pathways shall have a firm and even surface and shall,
so far as reasonably practicable be kept free from obstruction.
17.
Medical examination by medical officer – (1) every worker employed in the processes specified
in paragraph 1 shall be examined by a Medical officer within15 days of his first employment. Such
examinations shall include skin test for dermatitis and no worker shall be allowed to work after 15 days
of his first employment in the factory unless certified fit for such employment by the Medical officer.
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every 12 months and such examination shall, wherever the Medical officer considers
appropriate, include all the tests in subparagraph(1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub-paragraph (1)and (2) including the nature and the results of these test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 173
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
19.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may be a certificate in writing which he may in his discretion revoke
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XXVIII
TEXTILE MACHINERY EXCEPT MACHINERY USE IN JUTE MILLS
1.
Application: - This Schedule shall apply to the machinery in factories engaged in manufacturing
or processing of textiles other than jute textiles excluding the machinery in factories engaged
exclusively in the manufacture of synthetic fibres.
2.
Definitions;-For the purposes of this Schedule.
(a)
“Calender” means a set of heavy roller mounted on vertical side frames and arranged to pass
cloth between them which may have two to ten rollers or bowls some of which may be heated:
(b)
“Card” means a machine consisting of cylinders various sizes and includes flats. Covered with
card clothing and set in relation to each so that fibres in ; staple form may be Separated into individual
relationship
(c)
“Card clothing” means the material with which the surfaces of the cylinder, Doffer flats, etc.
Of a card are covered and consists of a thick foundation material made of either textile fabrics, through
which many fine closely spaced specially bent wires or mounted saw toothed wires are passed;
(d)
“Comber” means a machine for combing fibres of cotton. Wool etc. The essential parts whereof
are device for feeding forward a fringe of fibres at regular intervals and an arrangement of combs or
pins, which at the right time, pass through the fringe and by which tangled fibres. Short fibres, and nips
are removed and the long fibres are laid parallel;
(e)
“Combing machinery” means a general classification of machinery, including combers, silver
lap machines. Ribbon lap machines and gill boxes, but excluding cards;
(f)
“Continuous bleaching range” means a machine used for bleaching of cloth in rope or open-
width form;
Explanation: (1) The cloth after wetting out, passes through a squeeze roll into a saturator, containing a
solution of caustic soda and then to an enclosed J. Box. A V shaped arrangement is attached to the front
part of J. Box uniform and rapid saturation of the cloth, with steam before it is packed down in the J.
Box; the cloth, in a single strand rope form passes over a guide roll down the first arm of the “V” at the
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 174
upper end of the second arm so that the cloth is rapidly saturated with steam at this point; the J. Box
capacity is such that cloth will remain hot for a sufficient time to complete the scouring action; it then
passes through a series of washers with a squeeze roll in between; the cloth then passes through a second
set of saturator, J-Box and washer, where it is treated with the peroxide solution;
Explanation:- 2) by slight modification of the form of the unit, the same process as is explained in
Explanation (1), can be applied to open-width cloth;
(g)
“embossing calender” means a calendar with two or more rolls, one of which is engaged for
producing figure effects of various kinds on a fabric;
(h)
“granett machine” means any number of types of machines for opening hard twisted waste of
wool, cotton, silk, etc., essentially consisting of a locker- in- one or more cylinders each having a
complement worker and stringer rolls, and a fency roll and doffer.
Explanation: - The action of such machines is somewhat like that of a wool card, but it is much more
severe in that the various rolls are covered with granett wire instead of card clothing;
(i)
“gill box” means a machine used in the worsted system of manufacturing yarns which functions
to arrange it in a parallel order and essentially, it consists of a pair of feed rolls and a series of follower
where the followers move at a faster surface speed and perform as combine action;
(j)
“in-running rolls” means any pair of rolls or drums between which there is a ‘nip’;
(k)
“Inter-locking arrangement” means a device that prevents the setting in motion of a dangerous
part of a machine or the machine itself while the guard, cover or door provided to safe- guard against
danger is open or un-locked, and which will also hold the guard, cover or door closed and locked- while
the machine or the dangerous part thereof is in motion;
(I)
“Kier” means large metal vat, usually .a pressure type in which fabrics may be boiled out,
bleached etc.
(m)
“loom” means a machine for effecting the interlocking of two series of yarns crossing one
another at right angles by which the warp yarns are wound on a warp beam and pass through headless
and reads and the filling is shot across in a shuttle and settled in place by read and slay, and the fabric
is wound on a cloth beam;
(n)
“mule” means a type of spinning frame having a head stock and a carriage as its two main
sections, the head stock is stationery and the carriage is movable and its carries the spindles which draft
and spin the roving into yarn and extends over the whole of the machine, moves slowly toward and
away from the head stock during the spinning operation;
(0)
“mercerizing range” means a 3-bowl mangle, a tenter frame, and a number of boxes for washing
and scouring, the whole set up where of is in a straight line and all parts operate continuously;
Note :-The combination is used to saturate the cloth with sodium hydroxide, stretch it while saturated
and washing out most of the caustic before releasing tension;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 175
(p)
‘Nip” means the danger zone between two rolls or drums, which by virtue of their positioning
and movement create a nipping hazard;
(q)
“Openers and pickers” means a general classification of machinery, which includes breaker
pickers, intermediate pickers, finisher pickers, single process pickers, willow machines, card and picker
waste cleaners, thread extractors shredding machines, roving waste openers, shoddy pickers, bale
breakers, feeders, vertical openers, lattice cleaners horizontal cleaners and any similar machinery
equipped with either cylinders, screen section calender section, rollers or beaters used for the
preparation of stock for further processing;
(r)
“paddler” means a trough for a solution and two or more squeeze rolls between which cloth
passes after being passed through a mordent or dye bath;
(s)
“Plating machine” means a machine used to lay cloth into folds of regular length for
convenience of subsequent process or use;
(t)
“ribbon lapper” means a machine or a part of a machine used to prepare laps for feeding a cotton
comb the purpose of which is to provide a uniform lap in which the fibers have been straightened as
much as possible;
(u)
“rotary staple cutter” means a machine consisting of one or more rotary blades used for the
purpose of cutting textile fibres into staple lengths;
(v)
“roller printing machine” means a machine used for printing fabrics and consisting of a large
central cylinder, or pressure bowl around the lower part of the perimeter of which is placed a series of
engraved color rollers (each having a color trough), a furnisher roller, doctor blades, etc.;
(w)
“silver lapper” means a machine or a part of a machine in which a number of parallel card
silvers are drafted slightly, laid side bye side in a compact sheet and wound into a cylindrical package;
(x)
“starch mangle” means a mangle which is use specifically for starching cotton goods, and
generally consists of two large rolls and a shallow open vat with several immersion rolls;
(y)
“sanforizing machine” means a machine consisting of a large steam-heated cylinder and
endless, thick woollen felt blanket which is in close contact with the cylinder for most of its perimeter
and an electrically heated shoe which presses the cloth against the blanket while the later is in a stretched
condition as it curves around feed-in roll;
(z)
“shearing machine” means a machine used for shearing cloth in which cutting action is provided
by a number of steel blades spirally mounted on a roller which rotates in close contact with a fixed edge
blade.
(aa)
“singeing machine” means a machine which comprises of a heated roller a plate, or an open gas
flame by which the cloth or yarn is rapidly passed over the roller or the plate or through the open gas
flame to remove fuzz of hairiness by burning;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 176
(ab)
“slasher” means a machine used for applying a size mixture to warp yarns which essentially
consists of a stand for holding section beams a size box, one or more cylindrical dryers or an enclosed
hot air dryer, and a beaming end for winding the yarn on the loom beams;
(ac)
“tenter frame” means a machine for drying cloth under tension which essentially consists of a
pair of endless travelling chains fitted with clips of fine pins and carried on tracks and the cloth is firmly
held at the selvages by the two chains which diverge as they move forward so that the cloth is brought
to the desired width;
(ad)
“warper” means a machine for preparing and arranging the yarn intended for the warp of fabric,
specifically a beam warper; and
(ae)
“Water mangle” means a calendar having two or more rolls used for squeezing water form
fabrics before drying or for the finishing of various fabrics.
3.
General safety requirements;-
(1)
Every textile machine shall be provided with individual mechanical or electrical means for
starting and stopping such machines and the belt shifter on machines driven by belts and shafting should
be provided with a belt shifter lock or an equivalent positive locking device.
(2)
Stopping and starting handles or other controls shall be of such design and so positioned as to
prevent the operator’s hand or fingers from striking against any moving part or any other part of the
machine.
(3)
All belts, pulleys, gears, chains, sprockets wheel and other dangerous moving parts of
machinery which either form part of the machinery or are used in association with it, shall be securely
guarded.
4.
Openers and pickers ;-( 1) In all operating or picker machinery;-
(i)
Beaters and other dangerous parts shall be securely fenced by guards so as to prevent contact
with them; and
(ii)
Guards and doors or covers of openings giving access to any dangerous part of the machinery
shall be provided with inter-locking arrangement:
Provided that in the case of doors or covers of openings giving access to any dangerous part, other than
beater covers, instead of the inter, locking arrangement. Such openings may be so fenced by guards
which prevent access to any such dangerous part and which is either kept positively locked in position
or fixed in such a manner that it cannot be removed without the use of hand tools.
(2)
The feed rolls on all opening and picking machinery shall be covered with a guard designed to
prevent the Operator from reaching the nip while the machinery is in operation.
(3)
The lap forming rollers shall be fitted with a guard or cover which shall prevent access to the
nip at the intake of the lap roller and fluted roller as long as the weighted rack is down and the guard or
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 177
cover shall be so locked that it cannot be raised until the machine is stopped, and machine cannot be
started until the Cover of guard is closed:
Provided that the foregoing provision shall not apply to the machines equipped with automatic lap
forming devices:
Provided further that any such machine equipped with automatic lap forming device shall not be used
unless the automatic lap forming device is in efficient working order.
5.
Cotton Cards.-(1) all cylinder doors shall be secured by an interlocking arrangement which
shall prevent the door being opened until the cylinder has ceased to revolve and shall render it
impossible to restart the machine until the door has been closed:
Provided that the latter requirement in respect of the automatic locking device shall not apply while
stripping or grinding operations are carried out:
Provided further that stripping or grinding operation shall be carried out only by specially trained adult
workers wearing tight “fitting clothing.
(2)
The licker-in shall be guarded so as to prevent access to the dangerous parts.
(3)
Every card shall be equipped with an arrangement that would enable the card cylinder to be
driven by power during stripping or grinding operations without having to either shift the main belt to
the fast pulley of the machine or dismantle the interlocking mechanism and such an arrangement shall
be used only for strip or grinding operations.
6.
Garnett Machines. (1) Garnett licker-ins shall be enclosed and the garnett fancy rolls shall be
enclosed by guards and shall be installed in a way that keeps work rolls reasonably accessible for
removal or adjustment.
(2)
The underside of the garnett shall be guarded by a screen mess or other form of enclosures to
prevent access.
7.
Gill boxes.-(1) The feed and shall be guarded so as to prevent fingers being caught in the pins
of the intersecting fillers.
(2)
All nips of in-running rolls shall be guarded by Suitable nip guards conforming to the following
specifications.
Any opening which the guard may permit when fitted in position shall be so restricted with respect to
the distance of the opening from any nip point through that opening from any nip point through that the
maximum width of the opening shall not exceed the following :-
Distance of opening from nip point
Maximum width of opening
0 to 38 mm
6 mm
39 to 63 mm
10 mm
64 to 88 mm
13 mm
89 to 140 mm
15 mm
141 to 165 mm
19 mm
166 to 190 mm
22 mm
191 to 215 mrn
32 mm
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 178
8.
Silver aid ribbon lappers (cotton). – The cylinder drums and the laps pool shall be provided
with a guard to prevent access to the nip between the in- running rolls.
9.
Speed frame Jack Box- wheels at the head stock shall band guard shall have interlocking
arrangement.
10.
Spinning Mules.-Wheels on spinning mule carriages shall be provided with substantial wheel
guards, extending to within 6 mm of the rails.
11.
Warpers.- Swivelled double-bar gates shall be installed on all warpers operating in excess of
410 meters minimum and shall have interlocking arrangements, except for the purpose of inching or
jogging.
Provided that top and bottom bars of gates shall be at least 1.05 and 0.53 meters high from the floor or
working plate form, and gate shall be locked 38 mm from vertical tangement to the bean head.
12 Slashers: - (1) Cylinder dryers:- a) All open nips of in running rolls shall be guarded by nip guards
conforming to the requirements in clause 7.
b)
When slashers are operated by control levers, these levers shall be connected to a horizontal
bar or treadle located not more than 170mm above the floor to control the operation from any point.
c)
Slashers operated by such button control shall have stop and start buttons located at each end
of the machine, and additional buttons located on both sides of the machine at the size box and the
delivery end and if calendar rolls are used, additional buttons shall be provided at both sides of machines
at points near the nips, except when slashers are equipped with an enclosed dryer as in such clause (b).
(2) Enclosed hot air dryer –
(a)
All open nips of the top squeezing rollers shall be guarded by nip guards conforming to the
requirement specified in sub-clause (2) of clause 7.
(b)
When slashers are operated by control layers, these levers shall be connected to a horizontal
bar or treadle located not more than 170 cm. Above the floor to control the operation from any point.
(c)
Slashers operated by push-button control shall have stop and start buttons located at each end
of the machine and additional stop and start buttons located on both sides of the machine at intervals
spaced not more than 1.83 meters on centers.
13
Looms –
(a)
Each loom shall be equipped with suitable guards designed to minimize the danger from flying
shuttles.
(b)
Beam weights for tension in beam shall be of such construction so as prevent it from falling
during its adjustment.
14
Valves of Kiers, tanks, and other containers. –
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 179
(a)
Each valve controlling the flow of steam injurious gases or liquids into a kier or any other tank
or container into which a person is likely to enter in connection with a process, operation, maintenance
or for any other purpose, shall be provided with a suitable lock the valve securely in the closed position
and retain the key with him before entering the kier tank or container.
(b)
Wherever boiling tanks, caustic tanks and any other containers from which liquids, which are
hot, corrosive or toxic, may overflow or splash, are so located that the operator cannot see the contents
from the floor or working areas, emergency shut off valves which can be controlled from a point not
subject to danger of splash shall be provided to prevent danger.
15.
Shearing machines: - All revolving blades on shearing machines shall be guarded so that the
opening between the cloth surface and the bottom of the guard will not exceed 10 mm.
16.
Continuous bleaching range (cotton and rayon):- The nip of all in running rolls on open-width
bleaching machine rolls shall be protected with a guard to prevent the worker from being caught at the
nip and the guard shall extend across the entire length of the nip.
17
Mercerizing range (piece goods) :-
(1)
A stopping device shall be provided at each end of the machine.
(2)
A guard shall be provided at each end of the frame between the in running chain and the clip
opener.
(3)
A nip guard shall be provided for the in-running rolls of the mangle and washers and the guard
shall conform to the requirements specified in sub-clause (2) of clause 7.
18
Tenter frames:-
(1)
A stopping device shall be provided at each end of the machine.
(2)
A guard shall be provided at each end of the machine frame at the in running chain and clip
opener.
19
Paddlers. –
(1)
Suitable nip guards conforming to the requirements specified in sub clause (2) of clause 7 shall
be provided to all dangerous in-running rolls.
20
Centrifugal extractors. –
(1)
Each extractor shall be provided with a guard for the basket, and the guard shall have
interlocking arrangement.
(2)
Each extractor shall be equipped with a mechanically or electrically operated brake to quickly
stop the basket when the power driving the basket is shut off.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 180
21.
Squeezer of wringer extractor, water mangle, starch mangle, back washer (worsted yarn)
crabbing machines and decanting machine: - All in- running rolls shall be guarded with nip guards
conforming to the requirements specified in sub-clause (2) of clause 7.
22
Sanforizing and palmer machine: - (i) Nip guards shall be provided on all accessible in-running
rolls and these shall conform to the requirements specified in sub-clause (2) of clause 7.
(ii)
Access from the sides to the nips of running rolls should be fenced by suitable side guards.
(iii)
A safety trip rod, cable or wire center cord shall be provided across the front and back of all
palmer cylinders extending the length of the face of the cylinder, which operate readily whether pushed
or pulled and the safety trip shall not be more than 170 cm. Above the level at which the operation
stands and shall be readily accessible.
23
Rope washers:- (1) Splash guards shall be installed in all rope washers unless the machine is so
designed as to prevent the water or liquid from splashing the operator, the floor or working surface.
(2)
A safety trip rod, cable or wire centre cord shall be provided across the front and back of all
rope was hers extending the length of the face of the washer which shall operate readily whether pushed
or pulled and the safety trip shall be not more than 170 cm. Above the level on which the operator stands
and shall be readily accessible.
24
Laundry washer tumbler or shaker:
(1)
Each drying tumbler, each double cylinder shaker or clothes tumbler, and each washing
machine shall be equipped with an interlocking arrangement which will prevent the power operation of
the inside cylinder when the outer door on the case or shall is open, and which will also prevent the
outer door in the case or shall from being opened without shutting off the power and the cylinder coming
to a stop but which should not prevent the movement of the inner-cylinder by means of a hand operated
mechanism or an inching device.
(2)
Each closed barrel shall also be equipped with adequate means for holding open the doors or
covers of the inner and outer cylinders, of shells while it is being loaded or unloaded.
25.
Printing machine (roller type) –
(1)
All in-running rolls shall be guarded by nip guards conforming to the requirements specified in
sub-clause (2) of clause 7
(2)
The engraved roller gears and the large crown wheel shall be guarded.
26.
Calendars –The Nip at the in-running side of the rolls shall be provided with a guard extending
across the entire length of the nip and arranged to prevent the fingers of the workers from being pulled
in between the rolls or between the guard and the rolls, and so contracted that the cloth can be fed into
the rolls safely.
27.
Rotary staple cutters: - The cutter shall be protected by a guard to prevent hands reaching the
cutting zone.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 181
28.
Plating machines. Access to the trap between the knife and card bar shall be prevented by a
guard.
29.
Hand baling machine. –An angle iron handle-stop guard shall be installed at right angle to the
frame of the machine, the stop guard of which shall be so designed and so located that it will prevent
the handle from travelling beyond the vertical position should be handle slips from the operator’s hand
when the pawl has been released from the teeth of the take-up gear.
30
Flat-Work ironer.- Each flat-work or coller ironer shall be equipped with a safety bar or other
guard across the entire from of the feed or first pressure rolls, so arranged that the striking of the bar or
guard by the hand of the operator or other person will stop the machine. The guard shall be such that
the operator or other person cannot reach into the rolls without removing the guard. This may be either
a vertical guard on all sides or a complete cover. If a vertical guard is used, the distance from the floor
or working platform to the top of guard shall not be less than 1.83 meters.
31.
Medical examination and records:-
(1)
Every worker employed on machinery to which this schedule applies shall be examined by a
medical officer within 15 days of his first employment. Such examination shall include pulmonary test,
immunoglobin test, Audiometry test etc. No worker shall be allowed to work after 15 days of his first
employment in the factory unless certified fit for such employment by the medical officer
(2)
Every worker employed in the said processes shall be re-examined by a medical officer at least
once in every twelve calendar months. Such re-examination shall, wherever the medical officer
considers appropriate, include tests as specified in sub- paragraph (1).
(3)
The medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub paragraphs (1) and (2), including the nature and the results of the tests, shall also
be entered by the medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
if at any time medical officer is of the opinion that a worker is no longer fit for employment in
the said process on the ground that continuance therein would involve special danger to the health of
the worker he shall make a record of his findings in the said Certificate and the health register. The
entry of his findings in these documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 182
SCHEDULE – XXIX
PROCESS OF MELTING IN INDUCTION FURNACE
1.
Application: Provisions of this schedule shall apply to all parts of factories operations where
melting of metal is done in induction furnace and other allied processes are carried on.
2.
Definitions:
(1)
“Induction Furnace” means furnace in which a strong magnetic field created by passing an
electric current through a coil wrapped around the furnace. The magnetic field in turn creates a voltage
across, and subsequently an electric current through, the metal to be melted.
(2)
“Coil” means coil of Induction Furnace
(3)
“Ladle” means equipment used to carry melted metal
(4)
“Mould” means moulds made of steel, sand, loam, moulding composition or other mixture of
materials.
(5)
“Personal Protective Equipment” Personal Protective Equipment (PPEs)refers to protective
clothing, helmets, goggles, or other garments or equipment designed to protect the wearer's body from
injury or infection.
(6)
“ Refractory” means lining of refractory bricks made in pit
3.
Arrangement and storage – For the purposes of promoting safety and cleanliness in workrooms
the following requirements shall be observed:-
(a)
moulding boxes, loam plates, ladles, patterns, pattern plates, frames, boards, box weights, and
other heavy articles shall be so arranged and placed as to enable work to be carried on without
unnecessary risk;
(b)
Suitable and conveniently accessible racks, bins, or other receptacles shall be provided and used
for the storage of other gear and tools;
(c)
Where there is bulk storage of sand, fuel, metal scrap or other materials or residues, suitable
bins, bunkers or other receptacles shall be provided for the purpose of such storage.
4.
Construction, maintenance of platform and floors –
(1)
The platform of furnace should be of good construction, sound material and adequate strength
to withstand explosion
(2)
The platform must be of adequate size to accommodate persons working there and raw material
to be charged
(3)
The platform must be provided with at least two stairs
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 183
(4)
Floors of indoor workplaces in which the processes are carried on, other than parts which are
of sand, shall have been surface of hard material.
(5)
No part of the floor of any such indoor workplace shall be of sand except where this is necessary
by reason of the work done.
(6)
All parts of the surface of the floor of any such indoor workplace which are of sand shall, so
far as practicable, be maintained in an even and firm condition.
5.
Authorised person : – (1) No person except those authorised to work on platform or near furnace
shall be allowed on the platform or near furnace.
(2)
Person covered under exception of sub-rule (1) must be trained and provided with prescribed
personnel protective equipments.
(3)
No person shall carry out any work within a distance of 4 metres from a vertical line passing
through the delivery end of any spout of a furnace, being a spout used for delivering molten metal, or
within a distance of 2.4 metres from a vertical line passing through the nearest part of any ladle which
is in position at the end of such a spout, except, in either case, where it is necessary for the proper use
of maintenance of furnace that work should be carried out within that distance of that work is being
carried out at such a time and under such conditions that there is no danger to the person carrying it out
from molten metal which is being obtained from the cupola or furnace or is in a ladle in position at the
end of the spout.
6.
Maintenance and examination of exhaust plant –
(1)
All ventilation plant used for the purpose of extracting, suppressing or controlling dust or fumes
shall be properly maintained.
(2)
All ventilating plant used for the purpose of extracting, suppressing or controlling dust or fumes
shall be examined and inspected once every week by a responsible person. It shall be thoroughly
examined and tested by a competent person at least once in every such examination and test shall be
entered in an register in Form-42 electronically or otherwise which shall be available for inspection by
an Inspector-cum-Facilitator. Any defect found on any such examination and carrying out the
examination and test to the occupier of the factory.
7.
Ladle
(1)
Before the ladle is placed for pouring the hot liquid metal, it shall be thoroughly inspected
(2)
Place the ladle below the spout.
(3)
Before pouring is started, it shall be ensured that:
(a)
Only minimum required nos. of persons shall be present.
(b)
They all shall use PPEs like face shield, flame retardant suit, anklets, goggles, hand gloves,
helmets and safety shoes.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 184
(4)
Ladle shall be removed only after clearance from the Furnace In-charge.
(5)
Ladle shall not be transported in tilted condition.
8.
Operation and Maintenance of furnace:
(1)
The occupier shall operate the furnace as per instructions supplied by manufacturer.
(2)
The occupier shall keep the maintenance of furnace as per maintenance schedule supplied by
manufacturer.
(3)
The coil should be checked at regular intervals
(4)
The refractories shall be changed at regular interval
9.
Work Permit
The occupier shall issue work permit to the person supposed to work in confined space, at height or on
electric equipments.
10.
Washing facilities –
The occupier shall provide and maintain, in a clean state and in good repair for the use of all persons
employed a wash place under cover with sufficient supply of water and soap, towel etc.
11.
Protective equipment –
The occupier shall provide and maintain suitable PPEs for all persons employed in process as specified
in sub-rule (2).
12.
Prohibition of employment of pregnant Woman and Adolescent – No pregnant woman or
adolescent shall be employed in any of the process covered by this schedule
13.
Medical examination by medical officer – (1) every worker employed in the processes specified
in paragraph 1 shall be examined by a Medical officer within15 days of his first employment. Such
examinations shall include skin test, Audiometric test, Pulmonary test and no worker shall be allowed
to work after 15 days of his first employment in the factory unless certified fit for such employment by
the Medical officer.
(2)
Every worker employed in a manganese process shall be re-examined by a Medical officer at
least once in every 12 months and such examination shall, wherever the Medical officer considers
appropriate, include all the tests in subparagraph(1).
(3)
The Medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 185
carried out under sub-paragraph (1)and (2) including the nature and the results of these test, shall also
be entered by the Medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
If at any time the Medical officer is of the opinion that a worker is no longer fit for employment
in the said processes on the ground that continuance therein would involve special danger to the health
of the worker, he shall make a record of his findings in the said certificate and the health register. The
entry of his findings in those documents should also include the period for which he considers that the
said person is unfit to work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Medical officer , in which case the person affected
shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed
or permitted to work in the said processes unless the Medical officer, after further examination, again
certifies him fit for employment in those processes.
14.
Exemptions – If in respect of any factory, the Chief Inspector-cum- Facilitator is satisfied that
owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector-cum-Facilitator may be a certificate in writing which he may in his discretion revoke
at any time, exempt such factory from all or any of such provisions subject to such conditions, if any,
as he may specify therein.
SCHEDULE – XXX
WOODWORKING MACHINERY
1. Definitions: - For the purposes of this Schedule:-
a)
“Woodworking machine” means a circular saw, band saw, planning machine, chain mortising
machine or vertical spindle moulding machine, operating on wood or cork.
b)
“Circular saw” means a circular saw working in a bench (including rack bench) but does not
include a pendulum or similar saw which is moved towards the wood for the purpose of cutting
operation.
c)
“Band saw” means a band saw, the cutting portion of which runs in vertical direction but does
not include a log saw or band resaving machine.
d)
“Planning machine” means a machine for overhand planning or thicknessing or for both
operations.
2
Stopping and starting device: - An efficient stopping and starting device shall be provided on
every woodworking machine. The control of this device shall be in such a position as to be readily and
conveniently operated by the person in charge of the machine.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 186
3
Space around machine: - The space surrounding every woodworking machine in motion shall
be kept free from obstruction.
4
Floors:- the floor surrounding every woodworking machine shall be maintained in good and
level condition, and shall not be allowed to become slippery, and as far as practicable shall be kept free
from chips or other loose material,
5
Training and Supervision:-
(1)
No person shall be employed at a woodworking machine unless he has been sufficiently trained
to under the adequate supervision of a person who has a thorough knowledge of the working of the
machine.
(2)
A person who is being, trained to work woodworking machine shall be fully and carefully and
the precautions to be observed to secure safe working of the machine.
6.
Circular Saws: - Every circular saw shall be fenced as follows:-
(A)
Behind and in direct line with the saw there shall be a riving knife, which shall have a smooth
Surface, shall be strong, rigid and easily adjustable and shall also conform to the following conditions:-
(i)
The edge of the knife nearer the saw shall form as are of a circle having a radius of not exceeding
the radius of largest saw used on bench.
(ii)
The Knife shall be maintained as close as practicable to the saw, having regard to the nature of
the work being done at the time and at the level of the bench table the distance between the front edge
of the knife and the teeth of the saw shall not exceed 12 mm.
(iii)
For a saw of a diameter of less than 0.6 meter, the knife extend upwards from the bench table
to within 25 mm3 of the top of the saw, and for a saw of a diameter of 0.6 meter or over shall extend
upwards from the bench teeth of the saw shall not exceed 12 mm.
(B)
The top of the saw shall be covered by a strong and easily adjustable guard with a flange at the
side of the saw farthest from the fence. The guard shall be kept so adjusted that the said flange shall
extend below the roots of the teeth of the saw. The guard shall extend from the top of the riving knife
to a point as low as practicable at the cutting edge of the saw.
(C)
The part of the saw below the bench table shall be protected by two plates of metal or other
Suitable material one on each side of the saw; such plates shall not be more than 15 cm apart, and shall
extend from the axis of the outwards to a distance of not less then.5cm. Beyond the teeth of the saw-
Metal plates, if not headed, shall be of a thickness of at least .25 cm. Or if headed be of a thickness of
at least.125 centimeters.
7.
Push Sticks: - A push stick or other suitable appliance shall be provided for use at every circular
saw and at every vertical spindle molding machine to enable the work to be done without unnecessary
risk.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 187
8.
Band Saws: - Every band saw shall be guarded as follows:-
•
Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or
other suitable material.
•
The front of the top pulley shall be covered with sheet or expanded metal or other suitable
material.
•
All portions of the blade shall be enclosed or otherwise securey guarded except the portion of
the blade between the bench table and the top guide.
9.
Planning Machines-
(I)
a planning machine (other than a planning machine which is mechanically fed) shall not be
used for overhand planning unless it is fitted with a cylindrical cutter block.
(II)
Every planning machine used for over hand planning shall be provided with a “bride” guard
capable of covering the full length and breadth of the cutting slot in the bench, and so constructed as to
be easily adjusted both in a vertical and horizontal director.
(III)
The feed roller of every planting machine used for thiknessing except the combined machine
for overhand planning and thiknessing, shall be provided with an efficient guard.
10.
Vertical spindle moulding machines:-
•
The cutter of every vertical spindle moulding machine shall be guarded by the most efficient
guard having regard to the nature of the work being performed.
•
The wood being moulded at vertical spindle moulding shall. If practicable be held in a jig or
holder of such construction as to reduce as for as possible the risk of accident to the worker.
11.
Chain mortising machines: -The chain of every chain mortising machine shall be provided with
a guard which shall enclose the cutters as far as practicable.
12.
Adjustment and maintenance of guards. The guards and other appliances required under this
Schedule shall be:- maintained in an efficient state. Constantly kept in position while the machinery in
motion, and so adjusted as to enable the work to be done without unnecessary risk.
13.
Exemption:- Paragraphs 6,8,9, and 10 shall not apply to an woodworking machine in respect of
which it can be proved that other safeguards are provided, maintained and used which render the
machine as safe as it would be if guarded in the manner prescribed in this Schedule.
14.
Medical examination and records:-
(1)
Every worker employed on machinery to which this schedule applies shall be examined by a
medical officer within 15 days of his first employment. Such examination shall include pulmonary test,
immunoglobin test, Audiometry test etc. No worker shall be allowed to work after 15 days of his first
employment in the factory unless certified fit for such employment by the medical officer.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 188
(2)
Every worker employed in the said processes shall be re-examined by a medical officer at least
once in every twelve calendar months. Such re- examination shall, wherever the medical officer
considers appropriate, include tests as specified in sub- paragraph (1).
(3)
The medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub paragraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
if at any time medical officer is of the opinion that a worker is no longer fit for employment in
the said process on the ground that continuance therein would involve special danger to the health of
the worker he shall make a record of his findings in the said Certificate and the health register. The
entry of his findings in these documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
15.
Appointment of person on machinery:-
(1)
No person shall be allowed to work on machinery specified in this Schedule unless he:-
(a)
has attained the age of eighteen years;
(b)
has been trained in accordance with the sub-paragraph (2).
(2)
The training shall include suitable and sufficient practical instructions in the matter in relation
to each type of woodworking machinery and safety device.
SCHEDULE – XXXI
RUBBER MILLS
1.
Installation of machines: - Mills for breaking down, cracking, grating, mixing, refining and
warming rubber or rubber compounds shall be so installed that the top of the front roll is not less than
85cm. Above the floor or working level. Provided that in existing installations where the top of the front
roll is below this height a strong rigid distance bar shall be fitted across the front of the machine in such
position that the operator cannot reach the nip of the rolls.
2.
Safety devices: -
(1)
Rubber Mills shall be equipped with-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 189
•
Hoppers so constructed or guarded that it is impossible for the operator to come into contact in
any manner with the nip of the rolls.
•
Horizonatal-satety trop rods or tight wire cables across both front and rear which will when
pushed or pulled, operate instantly to disconnect the power and apply the brakes or to reverse the rolls.
(2)
Safety trip rods or tight wire cables on rubber mills shall extend across the entire length of the
face of the rolls and shall be located not more than 1.75 meter above the floor or working level.
(3)
Safety-trip rods and tight wire cables on all rubber mills shall be examined and tested daily in
the presence of the Manager or other responsible person and if any defect is disclosed by such
examination and test the mill shall not be used until such defect has been remedied.
SCHEDULE – XXXII
CENTRIFUGAL MACHINES
1.
Definition: -“Centrifugal Machines” include centrifugal extractors, separators and driers.
2
Every part of a centrifugal machine shall be
(a)
Of good design and construction and of adequate strength;
(b)
Properly maintained; and
(c)
examined thoroughly by a competent person at regular intervals.
3.
Interlocking guard for drum or basket-
•
The cage housing, the rotating drum or basket of every centrifugal machine shall be provided
with a strong lid. The design, construction of the cage as well as the lid should be such that no access is
possible to the drum or basket when the lid is closed.
•
Every centrifugal machine shall be provided with an efficient interlocking device that will
effectively prevent the lid referred to in sub-paragraph (1) from being opened while the drum or basket
is in motion and prevent the drum or basket being set in motion while the lid is in the open position.
4.
Braking arrangement:-Every centrifugal machine shall be provided with an effective
arrangement capable of bringing the drum or basket to rest within as short a period of time as reasonably
practicable after the power is cut off.
5.
Operating speed:- No centrifugal machine shall be operated at a speed in excess of the
manufacturers rating which shall be legibly stamped at easily visible places both on the inside of the
basket and on the outside of the machine casing.
6.
Exceptions:—Sub-paragraph (2) of paragraph 3, paragraphs 4 and 5 shall not apply in case of
top lung machines or similar machines used in the sugar manufacturing industry.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 190
SCHEDULE – XXXIII
POWERS PRESSES
1.
Application: - This Schedule shall apply to all types of power presses including press brakes,
except when used for working hot metal.
2.
Definition: -For the purpose of this Schedule,-
i
“approved” means approved by the Chief Inspector-cum-Facilitator;
ii
“fixed fencing” means fencing provided for the tools of a power press being fenced which has
no moving part associated with or dependent upon the mechanism of a power and includes that part of
a closed tool which acts as a guard;
iii
“power press” means a machine used in metal or other industries for moulding, pressing,
blanking, raising, [ drawing and similar other purposes;
iv
“safety device” means the fencing and any other safeguard provided for the tools of a power
press.
3.
Starting and stopping mechanism: - The starting and stopping mechanism shall be provided
with a safety stop so as to prevent over running of the press or descent of the ram during tool shutting.
Etc.
4.
Protection of tool and die:-
(i)
Each press shall be provided with a fixed guard with slip plate on the underside enclosing the
front and all sides of the tool.
(ii)
Each die shall be provided with a fixed guard surrounding its front and sides, and extending to
the back in the form of a tunnel through which the pressed article falls to the rear of the press.
(iii)
The design, construction and mutual position of the guards referred to in sub- Para-graphs (1)
and (2) shall be such as to preclude the possibility of the worker’s hand or fingers reaching the danger
zone.
(iv)
The machine shall be fed through a small aperture at the bottom of the dye guard, but a wider
aperture may be permitted for second or subsequent operations if feeding is done through a chute.
(v)
Notwithstanding anything contained in sub-paragraphs (1) and (2) an automatic or an
interlocked guard may be used in place of a fixed guard, but where such guards are used they shall be
maintained in an efficient working condition and if any guard develops a defect, the power shall not be
operated unless the defect guard is removed.
5.
Appointment of persons to prepare power presses for use:-
(1)
Except as provided in sub-paragraph (4) of paragraph 4, no person shall set, re-set, adjust or try
out the tools on a power press or install or adjust any safety device thereon, being installation or
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 191
adjustment preparatory to production of die proving, or carry out an inspection and test of any safety
device thereon required by paragraph 8 unless he:-
(a)
has attained the age of eighteen years;
(b)
has been trained in accordance with the sub-paragraph (2); and
(c)
has been appointed by the occupier of the factory to carry out those duties in respect of the class
or description of power press or the class or description of safety device, as the case may be.
(2)
The training shall include suitable and sufficient practical instructions in the matter in relation
to each type of power press and safety device in respect of which it is proposed to appoint the person
being trained.
6.
Examination and testing of power presses and safety devices:
(1)
No power press or safety device shall be taken into use in any factory for the first time in that
factory or in case of a safety device for the first time on any power press, unless it has been thoroughly
examined and tested, in the case of a power press, after installation in the factory or in the power press
in connection with which it is to be used.
(2)
No power press shall be used unless it has been thoroughly examined and tested by a competent
person within the immediately preceding period of twelve months.
(3)
No power press shall be used unless every safety device (other than fixed fencing) thereon has
within the immediately preceding period of six months when in position on that power press, been
thoroughly examined and tested by a competent person.
(4)
The competent person carrying out an examination and test under the foregoing provision shall
make a report of examination and test containing the following particulars and every such report shall
be kept readily available for inspection;
(a)
Name of the occupier of the factory;
(b)
Address of the factory;
(c)
Identification number or mark sufficient to identify the power press or the safety device, as the
case may be;
(d)
Date on which the power press or the safety device was first taken into use in the factory;
(e)
The date of each periodical thorough examination carried out as per requirements of sub-
paragraph (2) above;
(f)
Particulars of any defects affecting the safe working of the power press or the safety device
found during such thorough examinations and steps taken to remedy such defects.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 192
7.
Defect disclosed through examination and tests:-
(1)
Where any defect is disclosed in any power press or in any safety device by any examination
and test under paragraph 6 and in the opinion of the competent person carrying out the examination and
test, either:-
(a)
the said defect is a cause of danger to workers and in consequence the power press or safety
device, as the case may be ought not to be used until the said defect has been remedied; or
( b)
the said defect may become a cause of danger to workers and in consequence the power press
or safety device as the case may be, ought not to be used after the expiration of a specified period unless
the said defect has been remedied, such defect shall, as soon as possible after the completion of the
examination and test, be notified in writing by the competent person to the occupier of the factory and
in the case of a defect falling within clause (b) of this sub-paragraph, such notification shall include the
period within which, in the opinion of the competent person, the defect ought to be remedied.
(2)
In every case where notification has been notified under this paragraph, a copy of the report
made under sub-paragraph, a copy of the report made under sub-paragraph (4) of paragraph 6 shall be
sent by the competent person to the Inspector-cum-Facilitator of the concerned area within fourteen
days of the completion of the examination and test.
(3)
Where any such defect is notified to the occupier in accordance with the foregoing provisions
of this paragraph, the power press or safety device as the case may be, having the said defect, shall not
be used;
(a)
in the case of a defect falling within clause (a) of sub-paragraph (1) until the said defect has
been remedied; and
(b) in the case of defect falling within clause (b) of sub-paragraph (1) until the said defect has
been remedied after the expiration of the specified period.
(c)
(4)
As soon as is practicable, after any defect of which notification has been notified under sub-
paragraph (1), has been remedied, a record shall be made by or on behalf of the occupier stating the
measures by which and the date on which the defect was remedied.
8.
Inspection and test of safety devices:
(1)
No power press shall be used after the setting, resetting or adjustment of the tools thereon unless
a person appointed or authorized for the purpose under paragraph 5 has inspected and tested every safety
device thereon while it is in position on the said power press and has certified it to in order:
Provided that no inspection, test and certificate shall be required where any adjustment of the tools has
not caused or resulted in any alteration to or disturbance of any safety device on the power press, and,
if after the adjustment of the tools, the safety device remain, in the opinion of the said person in efficient
working order.
(2)
Every power press and every safety devices thereon while it is in position on the said power
press shall be inspected and tested by a trained person every day.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 193
9.
Defects disclosed during an inspection and test:-
(1)
Where it appears to any person as a result of any inspection and test carried out by him under
paragraph 8 that any necessary safety device is not in proper position on a power press or that any safety
device which is in position on a power press, is not in his opinion suitable he shall notify the same to
the manager forthwith.
(2)
Except as provided in sub-paragraph (3) where any defect is disclosed in a safety device any
inspection and test under paragraph 8, the person carrying out the inspection and test shall notify the
same to the manager forthwith.
(3)
Where any defect in a safety device is the subject of a notification in writing under paragraph
7 by virtue of which the use of the safety device may be continued during the specified period without
the said defect having been remedied, the requirement in sub-paragraph (2) of this paragraph shall not
apply to the said defect until the said period has expired.
10.
Identification of power presses and safety devices:-For the purpose of identification every
power press and every safety device provided for the same, shall be distinctively and plainly marked.
11.
Training the instructions to operators:-The operators shall be trained and instructed in the safe
method of work before starting work on any power press.
12 Exemptions:-
(1)
If in respect of any factory, the Chief Inspector-cum-Facilitator of Factories is satisfied that
owing to the circumstances or infrequency of the processes or for any other reason, all or any of the
provisions of this schedule are not necessary for the protection of the workers employed on any power
press or in the factory, the Chief Inspector-cum-Facilitator may by a certificate in writing (which he
may in his discretion revoke at any time), exempt such factory from all or ay of such provisions subject
to such conditions, if any, as he may specify therein.
(2)
Where such exemption is granted, a legible copy of the certificate, showing the conditions if
any, subject to which it has been granted, shall be kept posted in the factory on a place where it may be
conveniently read by the persons employed.
SCHEDULE – XXXIV
SHEARS SLITTERS AND GUILLOTINE MACHINES
1. Definitions:- For the purpose of this schedule:-
(a)
“guillotine” means a machine ordinarily equipped with straight, bevel edged blade operating
Vertically against a stationery resisting edge and used for cutting metallic or non-metallic or non-
metallic substances;
(b)
“Shears” or “shearing machine” means a machine ordinarily equipped with straight, bevel
edged blades operating vertically against resisting edged, or with rotary, overlapping cutting wheels and
used for shearing metals or non-metallic substances; and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 194
(c)
“Slitter” or slitting machine” means a machine ordinarily equipped with circular disc-type
knives, and used for trimming or cutting into metal or non- metallic substances or for slitting them into
narrow strips; for the purpose of this schedule, this term includes bread or other food slices equipped
with rotary knives or cutting discs.
2 Guillotine and Shears:-
(1)
Where practicable, a barrier metal guard of adequate strength shall be provided at the front of
the knife, fastened to the machine frame and shall be so fixed as would prevent any part of the operator’s
body to reach the descending blade from above, below or through the barrier guard or from the sides:
Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier
metal guard is not suitable on account of the height and volume of the material being bed, there shall
be provided suitable staring devices which require simultaneous action of both the hands of the operator
or an automatic device when will remove both the hands of the operator from the danger zone at every
descent of the blade.
(2)
At the back of such machines, an inclined guard shall be provided over which the slit pieces
would slide and be collected at a safe distance in a manner as would prevent a person at the back from
reaching the descending bladed
(3)
Power-driven guillotine cutters, except continuous feed trimmers, shall be equipped with:-
(a)
starting devices which require the simultaneous action of both hands to start the cutting motion
and of at least one hand control during the complete stroke of the knife: or
(b)
an automatic guard will remove the hands of the operator from the danger zone at every decent
of the blade, used in conjunction with one hand starting devices which require two distinct movements
of the device to start the cutting motion, and so designed as to return positively to the non-starting
position after each complete cycle of the knife.
(4)
Where two or more workers are employed at the same time on the same power driven guillotine
cutter equipped with two-hand control, the device shall be so arranged that each worker shall be required
to use both hands simultaneously on the safety trip to start the cutting motion, and at least one hand on
a control to complete the cut.
(5)
Power-driven guillotine cutters, other than continuous trimmer, shall be provided, in addition
to the brake or other stopping mechanism, with an emergency device which will prevent the machine
from operating in the event of failure of the brake when the starting mechanism is in the non-starting
position.
3.
Slitting Machine:-
(1)
Circular disc type knives on machines for cutting metal and leather, paper, rubber, textile or
other non metallic substances shall, if within reach of operators standing on the floor of working level,
be provided with guards enclosing the knife edges at all times as near as practicable to the surface of
the material, and which may either:-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 195
(a)
automatically adjust themselves to the thickness of the material; or
(b)
be fixed or manually adjusted so that the space between the bottom of the guard and the material
will not exceed 6 mm (1/4inch) at any time.
(2)
Portions of blades underneath the tables or benches of slitting machines shall be covered by
guards.
4.
Index cutters and Vertical Paper Slotters:- Index cutter, and other machines for cutting strips
from the ends of books, and for similar operations, shall be provided with fixed guards, so arranged the
fingers of the operators cannot come between the blades and the tables.
5.
Corner Cutters:-Corner cutters used in the manufacture of paper boxes, shall be equipped with:-
(a)
suitable guard, fastened to the machines in front of the knives and provided with slots or
perforations to afford visibility of the operations ;or
(b)
other guards equally efficient for the protection of the fingers of the workers.
6.
Band Knives:- Band Wheels on band knives, and all portions of the blades except the working
side between the sliding guide and the table on vertical machines, or between the wheel guards on
horizontal machines, shall be completely enclosed with hinged guards of sheet metal not less than 1
mm (0.04 inch) in think-ness or of other material of equal strength.
SCHEDULE – XXXV
THERMIC FLUID HEATERS
1.
All heaters shall be of such construction that coils are removal for periodic cleaning, visual
inspection and hydraulic test.
2.
Suitable arrangements shall be made for cooling the furnace effectively in case of power failure.
3.
Before restarting the furnace, it shall be effect purged.
4.
Velocity or flow of the thermic fluid shall not be allowed to fall below the minimum
recommended by the manufactures while the heater is in operation.
5.
The thermic fluid shall be circulated in a closed circuit formation with an expansion–cum-
deaerator tank. This tank shall be located outside the shed where the heater is installed
6.
Every heater shall be provided with a photo-resistor actuated auto-visual alarm to indicate flame
failure and automatic burner cut
7.
The stack temperature monitor-cum-controller with audiovisual alarm shall be provided so as
to warn operator in case the outlet temperature exceeds the specific minimum.
8.
Where inspection doors are provided on the furnace they shall be interlocked with the burner
itself so that they cannot be opened until burner is shut of and furnace is cooled sufficiently.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 196
9.
All heaters shall also be provided with the following safety devices:-
(i)
Level control in the expansion tank
(ii)
temperature control of thermic fluid;
(iii)
differential pressure switch on the outlet line of the heater tubes; and
(iv)
temperature control device for the fuel oil supply to the burner.
10.
All devices specified in paragraph (9) shall have interlocking arrangement with burner so that
in case of any predetermined limits being crossed, the supply of fuel and air shall automatically be cut-
off.
11.
All safety interlock when operated shall be indicated on the control panel of the heater by a
suitable audio visual alarm
12.
Every heater unit shall be provided as a standard accessory an arrangement for shifting with
low pressure steam or nitrogen for putting out the fire.
13.
Electoral panel for the heater shall be located near the heater but not so close as to be exposed
to spilling or leaking oil.
14.
The heater shall be located in a place partitioned off with fire proof material from other
manufacturing activities.
15.
Explosion vent shall be installed that release thanks place at safe location.
16.
The heater coil shall be subjected to pressure test by competent person once at least in every
twelve months. The test pressure shall not be less than twice the operating pressure.
17.
If repairs are carried out to the coil, it shall be tested before taking it into use.
18.
The thermic fluid shall conform to the specifications specified by the manufacturers and shall
be tested by competent person for suitability at least once in every three months period. Such test shall
include test for acidity, suspended matter, ash contents, viscosity and flash point.
19.
Cleaning of internal surface of the heater so at check up of refractory surface on the inside shall
be carried out every month or as often as required depending upon working conditions. The coils shall
be removed and surface of the coils cleaned thoroughly once at least in a period of six months. The
burner, nozzles, oil filters and pumps shall be cleaned once a week during the period of use.
20.
A separate register containing the following information shall be maintained:-
(a)
weekly checks carried out confirming the effectiveness of the interlock;
(b)
weekly checks confirming that all accessories are in good state of repairs; and
(c)
information regarding fuel , oil temperature, pressure, thermic fluid inlet/outlet pressure and
temperature, fuel gas temperature, recorded at four hourly intervals.
21.
The heater when in operation shall always be kept in charges of a trained operator.”
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 197
SCHEDULE XXXVI
MANUFACTURE OF CHROMIC ACID OR MANUFACTURE OR RECOVERY OF THE
BICHROMATE OF SODIUM, POTASSIUM OR AMMONIUM
1.
Definition: the purposes of this schedule –
(a)
“Chrome process” means the manufacture of chromic acid or bichromate of sodium or
potassium or ammonium or the manipulation, movement or other treatment of these substances in
connection with their manufacture.
(b)
“Efficient exhaust draught” means localized ventilation effected by mechanical or other means
for the removal of gas, vapour, dust or fume so as to prevent them from escaping into the air of any
place in which work is carried on. No draught shall be deemed efficient which fails to remove smoke
generated to the point where such gas, vapour, fumes or dust originate.
(c)
“Suspension” means suspension from employment in any of the chrome process specified by
written certificate in the Health Register (Form No. 20) signed by the Certifying Surgeon, who shall
have power of suspension as regards all persons employed in any such process.
2.
Prohibition relating to pregnant women and Adolescent
No pregnant woman or adolescent shall be employed or permitted to work on any chrome process.
3.
Efficient Exhaust System
(1)
The following chrome processes shall not be carried on without the use of an efficient exhaust-
draught, namely :-
(a)
grinding;
(b)
sieving;
(c)
batch mixing;
(2)
(i) All equipment for the extraction or suppression of dust/fumes shall at least once in every six
months be examined and tested by competent person, and any defect disclosed by such examination
and test shall be rectified as soon as practicable.
(ii )
A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise
4.
Separation of certain processes
The following chrome processes namely :-
(a)
grinding of raw materials, and
(b)
sieving of raw materials, shall be carried on in such manner and under such conditions as to
secure effectual separation from any processes.
5.
Washing facilities ns1. Def
(1)
Where acidification, sulphate settling or washing, concentration, crystallization, centrifugation
or packing is carried out, there shall be provided close to each worker’s station –
(a)
wash places installed for washing hands and feet frequently in running water, and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 198
(b)
a container holding at least 20 ounces of 10 per cent solution of sodium bisulphite or any other
suitable reducing agent.
(2)
There shall also be provided and maintained in a cleanly stated and good repair washing
accommodation under cover with a sufficient supply of soap and towels on the scale indicated below –
At least one tap or stand pipe for every 10 employees and the tap or pipe shall be spaced not less than
1.2 meters apart.
Note. – In computing the total number of taps required for the purposes of this rule, the taps or stand
pipes as required under clause 5 (1) (c) shall be included.
6.
Time allowed for washing
Before each meal and before the end of the day’s work at least ten minutes, in addition to the regular
meal time shall be allowed for washing to each person employed in a chrome process.
7.
Floorings
No woman or young person shall be employed or permitted to work in any room in which the said
processes are carried on.
(a)
of cement or similar other material so as to be smooth and impervious to water and provided
with suitable gradient and drainage;
(b)
maintained in sound condition and cleaned daily.
8.
Medical Examination by Medical Officer:
(1)
Every worker employed in a processes to which this schedule applies shall be examined by a
medical officer within 15 days of his first employment. Such examination shall include tests as required
by medical officer. No worker shall be allowed to work after 15 days of his first employment in the
factory unless certified fit for such employment by the medical officer
(2)
Every worker employed in the said processes shall be re-examined by a medical officer at least
once in every twelve calendar months. Such re- examination shall, wherever the medical officer
considers appropriate, include tests as specified in sub- paragraph (1).
(3)
The medical officer after examining a worker, shall issue a Certificate of Fitness in Form-40.
The record of examination and re-examinations carried out shall be entered in the Certificate and the
Certificate shall be kept in the custody of the occupier of the factory. The record of each examination
carried out under sub paragraphs(1) and (2), including the nature and the results of the tests, shall also
be entered by the medical officer in a health register in Form-41 electronically or otherwise.
(4)
The Certificate of Fitness and the health register shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
(5)
if at any time medical officer is of the opinion that a worker is no longer fit for employment in
the said process on the ground that continuance therein would involve special danger to the health of
the worker he shall make a record of his findings in the said Certificate and the health register. The
entry of his findings in these documents should also include the period for which he considers that the
said person is unfit for work in the said processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical
officer, in which case the person affected shall be suitably rehabilitated.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 199
(6)
No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-
employed or permitted to work in the said processes unless the Medical officer, after further
examination, again certifies him fit for employment in those processes.
9.
Protective Equipments
The occupier shall provide and maintain for the use of all persons employed –
a.
in grinding, sieving or mixing raw materials, sufficient and suitable respirators (issued
separately for each individual) the filtering materials of which shall be renewed daily;
b.
in roasting process, suitable footwear;
c.
in acidification, settling concentration, crystallization, centrifugation or packing suitable aprons
and protective coverings for hands and feet.
Arrangements shall be made by the occupier for the examination and cleaning of all the protective
equipment at the close of each day’s work and for the repairs or renewal thereof when necessary.
10.
Use of Protective Equipments
Every person employed in a chrome process shall make use of the protective equipment provided under
rule 8
11.
Cloak Room
There shall be provided and maintained in a clean state and in good repair for the use of all persons
employed in any chrome process –
(a)
a cloak-room for street clothing put off during working hours including adequate, arrangements
for drying such clothing when wet, such accommodation shall be separate from any mess room;
(b)
separate and suitable arrangements for the storage of protective clothing provided under
paragraph 8.
12.
Mess Room
There shall be provided and maintained for the use of all persons remaining within the premises during
the meal intervals a suitable mess-room providing accommodation of at least 0.9 sq. metres per head
and furnished with –
a.
a sufficient number of tables and chairs or benches;
b.
arrangements for washing utensils;
c.
adequate means for warming food.
The mess-room shall be placed under the charge of a responsible person and shall be kept clean.
13.
Prohibition of foods, drinks etc.
No food, drink, “pan”, “supari”, or tobacco shall be brought or consumed by any worker or in any work-
room in which chrome process is carried on and no person shall remain in any such room during
intervals for meals or rest.
14.
Fencing of Vessel
Every fixed vessel, whether pot, pan vat or other structure, containing any dangerous material, and not
so covered as to eliminate all reasonable risk of accidental immersion of any portion of the body of a
person employed shall be fenced as follows :-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 200
(a)
Each such vessel shall, unless its edge is at least 91.4 centimetres the adjoining ground or
platform be securely fenced to a height of at least 91.4 centimetres above such adjoining ground or
platform;
(b)
No plank or gang-way shall be placed across or inside any such vessel unless such plank or
gang-way is –
(i)
at least 45.7 centimetres in width, or
(ii)
securely fenced on both sides, either by upper and lower rails to a height of 91 centimetres or
by other equally efficient means;
(c)
If any two such vessels are near each other and the space between them clear of any surrounding
brick-work or other work, is either–
(i)
less than 45.7 centimetres in width, or is 45.7 or
(ii)
more centimeters in width, but is not securely fenced on both sides to a height of at least 91.4
centimetres secure barriers shall be placed so as to prevent any passage between them.
15.
Cautionary Notices
A cautionary notice in the form specified by the Chief Inspector-cum- Facilitator and printed in the
language of the majority of the workers, employed shall be affixed in a prominent place in the factory
where it can be easily and conveniently read by the workers.
16.
Exemption
If in respect of any factory the Chief Inspector-cum-Facilitator is satisfied that owing to the exceptional
circumstances or the infrequency of the process, or for any other reason, all or any of the provisions of
this Schedule are not necessary for the protection of the persons employed in such factory, he may be
certificate in writing exempt such factory from all or any of the provisions indicated in such certificate
on such conditions as he may specify therein. Such certificate may at any time be revoked by the Chief
Inspector-cum-Facilitator without assigning reasons.
SCHEDULE XXXVII
WELDING/CUTTING OPERATION WITH THE USE OF LPG/
ACETYLENE/ARGON
1.
Applicability: This Schedule is applicable to all operations in welding/cutting of materials with
the use of Liquefied petroleum gas or acetylene gas or argon etc; in on junction with oxygen gas.
2.
Equipments:
(1)
Gas cylinders whether filled of empty shall not be stored in rooms where welding or cutting
work is being done.
(2)
Liquefied gas cylinder, when is use shall always be kept in an upright position and shall be so
placed that they cannot be knocked over.
(3)
Open flames, lights, lighting of fire and smoking shall be prohibited in close proximity to any
cylinder containing flammable gases, except those which are in use for welding, cutting or heating.
(4)
All cylinders shall be stored at a safe distance of not less than 10 meters from all operations
which produce, flames, sparks of molten metal or result in excessive heat.
(5)
Every gas cylinder shall be provided with efficient standard type pressure regulator and back
flow of gas will be restricted by second non-return type valve.
(6)
All welding/cutting torch shall be of standard type which should be provided with non return
valve.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 201
(7)
Suitable type of fire extinguishers shall be provided near the welding/cutting place and also
near the gas cylinder storage.
(8)
Pipe lines from gas cylinders shall be painted with distinctive colours for identification of each
gas.
3.
General:
(1)
Welding and cutting operation shall be prohibited in areas containing explosive of flammable
dusts, gases, oil or vapours.
(2)
Welding/cutting operations that are carried out in places where persons other than the welders
and their helpers are working or passing shall be enclosed by means of suitable stationary or portable
screens at least 2.15 meters (7 ft.) in height.
(3)
All equipments like welding/cutting torch, pipe lines, brackets, non- return valves and pressure
regulators shall be examined by a competent person having know-how of such equipments, at least once
in a period of 15 days.
(4)
The welding/cutting process shall be carried out by workers specially trained in that job and
know of the hazards of fire, back- fire and explosion.
(5)
A log book of examination of equipments and a register of trained workers for welding / cutting
operation shall be maintained in the forms as directed by the Inspector-cum-Facilitator.
106. Site Appraisal Committee.- (1) The following provisions shall govern the functioning of the Site
Appraisal Committee (hereinafter referred to be as the "Committee") in these rules, namely:-
(a) the Administration of Dadra and Nagar Haveli and Daman & Diu shall constitute or reconstitute
a Site Appraisal Committee under the chairmanship of the Chief Inspector-cum-Facilitator,
Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu as and when
necessary;
(b) the Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu shall
appoint a senior officer of the factory wing of the Department of Labour, Union Territory,
Administration of Dadra and Nagar Haveli and Daman Diu to be the Secretary of the
Committee;
(c) the Administration of Dadra and Nagar Haveli and Daman Diu may appoint the following as
members of the Committee, namely :-
(i) a representative of the Fire Department;
(ii) a representative of the Department of Industries;
(iii) Member-Secretary, Pollution Control Committee;
(iv) a representative of the Department of Forest and Wild Life;
(v) a representative of the Department of Health; and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 202
(vi) the Administration of Dadra and Nagar Haveli and Daman & Diu may nominate one person
having experience in the field of occupational safety or environment protection.
(2) No member, unless required to do so by a court of law, shall disclose otherwise than in connection
with the purposes of the Code, at any time any information relating to the manufacturing or commercial
business or any working process which may come to his knowledge during his tenure as a Member of
this Committee.
(3) Applications for appraisal of site.- (a) Applications for appraisal of sites in respect of the factories
covered under clause (za) of section 2 shall be submitted to the Chairman of the Site Appraisal
Committee; and
(b) The application for site appraisal shall be submitted electronically in Form-43. The Committee
may dispense with furnishing of information on any particular item in the application form, if it
considers the same to be not relevant to the application under consideration.
(4) Functions of the Committee. - (a) The Secretary shall arrange to register the applications received
for appraisal of site in a separate register and acknowledge the same within a period of seven days;
(b) the Secretary shall fix up the meetings in such manner that all the applications received and
registered are referred to the Committee within a period of one month from the date of their
receipt;.
(c) the Committee shall adopt a procedure for its working, keeping in view the need for
expeditious disposal of applications;
(d) the Committee shall examine the applications for appraisal of a site with reference to the
prohibitions and restrictions on the location of an industry and the carrying on of processes
and operations in different areas as per the prov1s1ons of different departments given
representation in the Committee; and
(e) the Committee may call for documents, examine experts, inspect the site if necessary and take
other steps for formulating its views with regard tothe suitability of the site.
(f) No meeting shall be held unless at least three members are present.
(5) Exemption. - The industrial project granted clearance under notification No. S.O. 1533 (E)
dated 14-09-2006 under the Environmental (Protection) Act, 1986, issued by the Government of India,
Ministry of Environment and Forests, shall not be required to get clearance from this Committee.
107. Health and Safety Policy.- (1) The occupier of every factory, except as provided for in sub-rule
(2), shall prepare a written statement of his policy in respect of health and safety of workers at work.
(2) All factories: (a) covered under sub-clause (i) of clause (w) of section 2, but employing less than
fifty workers;
(b) covered under sub-clause (ii) of the said clause (w), but employing less than one hundred workers;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 203
shall be exempted from the requirements of sub-rule (1):
Provided that the factories specified in clauses (a) and (b) above are not covered in the First Schedule
under clause (za) of section 2 of the Code and are not carrying out processes or operations declared to
be dangerous under section 82.
(3) Notwithstanding anything contained in sub-rule (2), the Chief Inspector-cum-Facilitator may
require the occupier of any of the factories or class or description of factories to comply with the
requirements of sub-rule (1) if in his opinion, it is expedient to do so.
(4) The Health and Safety Policy shall contain or deal with,-
(a) the declared intention and commitment of the top management to health, safety and
environment and compliance with all the relevant statutory requirements;
(b) the organisational set up to carry out the declared policy clearly assigning the responsibility at
different levels; and
(c) arrangements for making the policy effective.
(5) In particular, the policy shall specify the following, namely.-
(a) the arrangements for involving the workers;
(b) the intentions of taking into account the health and safety performance of workers at
different levels while considering their career advancement;
(c) fixing the responsibility of the contractors, sub-contractors, transporters and other agencies
entering the premises;
(d) providing a resume of health and safety performance of the factory in its annual report;
(e) relevant techniques and methods, such as safety audits and risk assessment for periodical
assessment of the status on health, safety and environment and taking all remedial
measures;
(f) {!) stating its intentions to integrate health and safety in all decisions, including those
dealing with purchase of plant, equipment, machinery and materials as well as selection
and placement of personnel; and
(g) arrangements for informing educating and training and retraining its own employees at
different levels and the public, wherever required.
(6) A copy of the declared Health and Safety Policy duly signed by the occupier shall be made
available to the Inspector-cum-Facilitator having jurisdiction over the factory and to the Chief
Inspector-cum-Facilitator.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 204
(7) The policy shall be made widely known by. -
(a) making copies available to all workers including contract workers, apprentices, transport
workers and suppliers, etc.,
(b) displaying copies of the policy at conspicuous places, and
(c) any other means of communication.
(8) The occupier shall revise the Health and Safety Policy as often as may be appropriate, but it shall
necessarily be revised under the following circumstances. –
(a) whenever any expansion or modification having implications on safety and health of persons
at work is made; or
(b) whenever new substance(s) or articles are introduced in the manufacturing process having
implications on health and safety of persons exposed to such substances.
108. Collection, development and dissemination of information and labeling. -
(1) (a) The occupier of every factory carrying on a hazardous process shall arrange to obtain or develop
detailed information in the form the Material Safety Data Sheet (MSDS) prescribed in Form-44 in
respect of every hazardous substance or material handled in the manufacture, transportation and storage
in the factory. It shall be accessible upon request to a worker for reference.
(b) The occupier while obtaining or developing a Material Safety Data Sheet in respect of a hazardous
substance shall ensure that the information recorded accurately reflects the scientific evidence used in
making that hazard determination. If he becomes newly aware of any significant information regarding
the hazards, of a substance or ways to protect against the hazards, this new information shall be added
to the Material Safety Data Sheet as soon as practicable.
(2) Every container of a hazardous substance shall be clearly labelled or marked to identity:-
(a) the contents of the container;
(b) the name and address of the manufacturer or importer of the hazardous substance;
(c) the physical and health hazards; and
(d) the recommended personal protective equipment needed to work safely with the hazardous
substance.
(3) In case a container is required to be transported by road outside the factory premises it should in
addition be labelled or marked in accordance with the requirements laid under sub-rule (2).
109. Disclosure of information to Workers.- (1) The occupier of a factory carrying on a hazardous
process shall supply to all workers the following information in relation to the handling of hazardous
materials or substances in the manufacture, transportation, storage and other processes, namely:-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 205
(a) requirements of section 84;
(b) a list of hazardous processes carried on in the factory;
(c) location and availability of all Material Safety Data Sheets as provided in rule 108;
(d) physical and health hazards arising from the exposure to or handling of substances;
(e) measures taken by the occupier to ensure safety and control of physical and health hazards;
(f) measures to be taken by the workers to ensure safe handling, storage and transportation of
hazardous substances;
(g) personal protective equipment required to be used by the workers employed in hazardous
process or dangerous operations;
(h) meaning of various labels and markings used in the containers of hazardous substances as
provided under rule 108;
(i) signs and symptoms likely to be manifested on exposure to hazardous substances and to whom
to report;
(j) measures to be taken by the workers in case of any spillage or leakage of a hazardous substance;
(k) role of workers vis-a-vis the emergency plan of the factory in particular the evacuation
procedures; and
(l) any other information considered necessary by the occupier to ensure safety and health of
workers.
(2) The information required by sub-rule (1) shall be complied and made known to the workers
individually through supply of booklets of leaflets and display of cautionary notices at the work places.
(3) The booklets, leaflets and the cautionary notices displayed in the factory will be in the language
understood by the majority of the workers and also explained to them.
(4) The Chief Inspector-cum-Facilitator may direct the occupier to supply further information to the
workers as may be deemed necessary.
110. Disclosure of information to Chief Inspector-cum-Facilitator etc.- (1) The occupier of every
factory carrying on hazardous process shall furnish, in writing, to the Chief Inspector-cum-Facilitator a
copy of all the information furnished to the workers.
(2) A copy of the Material Safety Data Sheet prescribed in Form-44, in respect of the hazardous
substances used, produced or stored in the factory shall be furnished to the Chief Inspector-cum-
Facilitator and the Inspector-cum-Facilitator of the area.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 206
(3) The occupier shall also furnish any other information asked for by the Chief Inspector-cum-
Facilitator for the purposes of the Code and the rules.
111. Information on industrial wastes. - (1) The information furnished under rules 108, 109 and 110
shall include the quantity of solid and liquid wastes generated per day, their characteristics and the
method of treatment such as incineration of solid wastes, chemical and biological treatment or liquid
wastes, and arrangements for their final disposal.
(2) It shall also include information on the quality and quantity of gaseous waste discharged through
the stacks or other openings, and arrangements such as provision of scrubbers, cyclone separators, and
electrostatic precipitators or similar such arrangements made for controlling pollution of the
environment.
(3) The occupier shall also furnish information specified in sub-rules (1) and (2) to the Dadra and
Nagar Haveli and Daman & Diu Pollution Control Committee.
112. Review of information furnished to workers etc.- (1) The occupier shall review once in every
calendar year and modify, if necessary, the information furnished under these rules to the workers, the
Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator of the area.
(2) In the event of any change in the process or operations or methods of work or when any new
substance is introduced in the process or in the event of a serious accident taking place, the information
so furnished shall be reviewed and modified to the extent necessary.
113. Confidentiality of information.- (1) The occupier of a factory carrying on 'hazardous process'
shall disclose all information needed for protecting safety and health of the workers to,-
(a) his workers; and
(b) the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator as required under rules
108 and109.
If the occupier is of the opinion that the disclosure of details regarding the process and formulations
will adversely affect his business interests, he may make a representation to the Chief Inspector-cum-
Facilitator stating the reasons for withholding such information. The Chief Inspector-cum-Facilitator
shall give an opportunity to the occupier of being heard and pass an order on the representation.
(2) An occupier aggrieved by the order of the Chief Inspector-cum-Facilitator may refer an appeal
before the Administration of Dadra and Nagar Haveli and Daman & Diu within a period of thirty days.
The Administration of Dadra and Nagar Haveli and Daman & Diu shall give an opportunity to the
occupier of being heard and pass an order. The order of the Administration of Dadra and Nagar Haveli
and Daman & Diu shall be final.
114. Qualifications of supervisors. - (1) All persons who are required to supervise the handling of
hazardous substances shall possess the following qualifications and experience, namely: -
(a) a Bachelor’s degree in Chemistry or Diploma in Chemical Engineering or Technology with
five years’ experience; or
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 207
(b) a Master's Degree in Chemistry or a Degree in Chemical Engineering or Technology with two
years’ experience.
(2) The experience stipulated in sub-rule (1) shall be in the process, operation and maintenance in the
Chemical industry.
115. Issue of guidelines. - For the purpose of compliance with the requirements of section 84 or
section 85, the Chief Inspector-cum-Facilitator may, if deemed necessary, issue guidelines from time
to time to the occupiers of factories carrying on 'hazardous process'. Such guidelines shall be based on
National Standards, Codes of Practice, or recommendations of international bodies such as the
International Labour Organization and the World Health Organization.
116. Medical examination of workers employed in hazardous process.- (1) Workers employed in an
hazardous process shall be medically examined by a qualified medical practitioner, in the following
manner, namely:-
(a) once before employment, to ascertain physical fitness of the person to do the particular job;
(b) once in a period of six months, to ascertain the health status of all the workers in respect of
occupational health hazards to which they are exposed; and in cases where in the opinion of the
qualified medical practitioner it is necessary to do so at a shorter interval in respect of any
worker; and
(c) the details of pre-employment and periodical medical examination carried out as aforesaid shall
be recorded in the health register in Form- 41 electronically or otherwise.
(2) No person shall be employed for the first time without a certificate of Fitness in Form-40 granted
by the qualified medical practitioner. If the qualified medical practitioner declares a person unfit for
being employed in any process covered under sub-rule (1), such a person shall have the right to appeal
to the Inspector-cum-Facilitator who shall refer the matter to the Medical Officer whose opinion shall
be final in this regard. If the Inspector-cum-Facilitator himself is also a Medical Officer, he may dispose
of the application himself.
(3) Any finding of the qualified medical practitioner revealing any abnormality or unsuitability of
any person employed in the process shall immediately be reported to the Medical Officer who shall in
turn, examine the concerned worker and communicate his findings to the occupier within thirty days. If
the Medical Officer is of the opinion that the worker so examined is required to be taken away from the
process for health protection, he will direct the occupier accordingly, who shall not employ the said
worker in the same process. However, the worker so taken away be provided with alternate placement
unless he is fully incapacitated in the opinion of the Medical Officer in which case the worker affected
shall be suitably rehabilitated :
Provided that the Medical Officer on his own may examine any worker when he considers it necessary
to do so for ascertaining the suitability of his employment in the 'hazardous process' or for ascertaining
the health status of any worker.
(4) The workers taken away from employment in any process under sub-rule
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 208
may be employed again in the same process only after obtaining the Fitness Certificate from the Medical
Officer and after making entries to that effect in the health register.
(5) An Inspector-cum-Facilitator may, if he deems it necessary to do so, refer a worker to the Medical
Officer for medical examination as required under sub-rule (1) or if he is a Medical Officer himself,
conduct such medical examination. The opinion of the Medical Officer in such a case shall be final.
The fees required for this medical examination shall be paid by the occupier.
(6) The worker required to undergo medical examination under these rules and for any medical survey
conducted by or on behalf of the Central or the Administration of Dadra and Nagar Haveli and Daman
& Diu shall not refuse to undergo such medical examination.
117. Occupational Health Centres.- (1) In respect of any factory carrying on hazardous process, there
shall be provided and maintained in good order an Occupational Health Centre with the services and
facilities as per the scale laid down hereunder:-
(a) For factories employing up to fifty workers -
(i) the services of a qualified medical practitioner on retainership basis in his clinic to be notified
by the occupier. He will carry out the pre-employment and periodical medical examination as
stipulated in rule 116 and render medical assistance during any emergency;
(ii) at least five persons trained in first-aid procedures amongst whom at least one shall always be
available during the working period; and
(iii) a fully equipped first-aid box.
(b) For factories employing fifty-one to two hundred workers:-
(i) an occupational health Centre having a room with a minimum floor area of fifteen square metres
with floors and walls made of smooth and impervious surface and with adequate illumination
and ventilation as well as equipment as per the Schedule annexed to this rule;
(ii) a part-time qualified medical practitioner shall be the overall charge of the centre who shall
visit the factory at least twice in a week and whose services shall be readily available during
medical emergencies;
(iii) one qualified and trained dresser-cum-compounder on duty throughout the working period; and
(iv) a fully equipped first-aid box in all the departments.
(c) For factories employing above two hundred workers:-
(i) full-time qualified medical practitioner for factories employing up to five hundred
workers and one more qualified medical practitioner for every additional one thousand
workers or part thereof;
(ii) an Occupational Health Centre having at least two rooms each with a minimum floor
area of fifteen square metres with floor and walls made of smooth and impervious
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 209
surface and adequate illumination and ventilation as well as equipment as per the
Schedule annexed to this rule.
(iii) there shall be one nurse, one dresser-cum-compounder and one sweeper- cum-ward
boy throughout the working period; and
(iv) the Occupational Health Centre shall be suitably equipped. to manage medical
emergencies.
(2) The qualified medical practitioner required to be appointed under sub-rule (1) shall have any
recognised medical qualification as defined in the National Medical Commission Act, 2019 (Central
Act No. 30 of 2019) and should be enrolled on the National Register as defined in clause (m) of section
2 or on the State Register as defined in clause (v) of section 2 of the aforesaid Act and should possess
a certificate of Training in industrial Health of minimum three months duration recognised by the UT
Administration of Dadra and Nagar Haveli and Daman Diu:
Provided that-
(i) a person possessing a diploma in Industrial Health or equivalent shall not be required to possess
the certificate of training as aforesaid;
(ii) the Chief Inspector-cum-Facilitator may, subject to such conditions as he may specify, grant
exemption from the requirement of this sub-rule, if in his opinion a suitable person possessing
the necessary qualification is not available for appointment; and
(iii) in case of a person who has been working as qualified medical practitioner for a period of not
less than three years on the date of commencement of these rules, the Chief Inspector-cum-
Facilitator may, subject to the condition that the said person shall obtain the aforesaid certificate
of training within a period of three years, relax the qualification.
(3) The syllabus of the course leading to the above certificate and the organisations conducting the
Sate course shall be approved by the Director General, Factory Advice Service and Labour Institute or
the UT Administration of Dadra and Nagar Haveli and Daman Diu in accordance with the guidelines
issued by the Director General, Factory Advice Service and Labour Institute.
(4) Within one month of the appointment of a qualified medical practitioner, the occupier of the
factory shall furnish to the Chief Inspector-cum-Facilitator the following particulars, namely: -
(a) Name and address of the qualified medical practitioner;
(b) qualifications;
(c) experience, if any; and
(d) the sub-rule under which appointed.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 210
SCHEDULE
Equipment for occupational Health Centre in Factories.
1.
A glazed sink with hot and cold water always available
2.
A table with a smooth top at least 180 cm.x105 cm.
3.
Means for sterilizing instruments.
4.
A couch.
5.
Two buckets or containers with close fitting.
6.
A kettle and spirits stove or other suitable means of boiling water.
7.
One bottle of spirits ammoniac aromatics (120 ml)
8.
Two medium size sponges.
9.
Two Kidney trays.
10. Four cakes of toilet, preferably antiseptic
11 Two glass tumblers and two wine glasses
12. Two clinical thermometers.
13. Two tea spoons.
14. Two graduated (120ml) measuring glasses.
15. One wash bottle (1000 cc) for washing eyes.
16. One bottle (one litre) carbolic lotion 1 in 20.
17. Three chairs.
18. One screen.
19. One electric hand torch.
20. An adequate supply of tetanus taxied.
21. Coramine liquid (60ml.).
22. Talets-Antihistaminic, antispasmodic (25 each)
23. Syringes with needles -2 cc, and 10 cc.
24. Two needle holders big and small.
25 One dressing forceps
26 One scalpels.
27 One stethoscope.
28 Rubber bandage-pressure bandage.
29 Oxygen cylinder with necessary attachments.
30 One Blood Pressure apparatus,
31 One patellar Hammer.
32 One Peak-flow meter for lung function measurement.
33 One stomach wash set.
34 Any other equipment recommended by the qualified medical practioner
according to specific need elating to manufacturing process.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 211
35. in addition -
(1) For factories employing 51 to 200 workers-
1. Four plain wooden splints 900 mmx0O mmx6mm
2. Four plain wooden splints 50 mm x 75 mm x 6mm.
3. Two plain wooden splints 250 mm x 50 mm x 12 mm.
4. One pair artery forceps.
5. Injections-morphia, pethidine, atropine, adrenaline, coramine, novacan (2each).
6. One surgical scissors.
(2) For factories employing above 200 workers.
1. Eight plain wooden splints 900 mm x 100 mm x 6 mm.
2. Eight plain wooden splints 350 mm x 75 mm x 6 mm.
3. Four plain wooden splints 250 mm x 50 mm x 12 mm.
4. Two pairs artery forceps.
5. Injections -morphia, pethadine, atropine, adrenaline, coramine, novacan (4each).
6. Two surgical scissors.
118. Ambulance van.- (1) In any factory carrying on hazardous process, there shall be provided and
maintained in good condition, a suitably constructed ambulance van equipped with items as per sub-
rule (2) and manned by a full-time Driver-cum-mechanic and helper trained in first-aid for the purposes
of transportation of serious cases of accidents or sickness. The ambulance van shall not be used for any
purpose other than the purpose stipulated herein and will normally be stationed at or near to the
Occupational Health Centre :
Provided that a factory employing less than two hundred workers may make arrangements for procuring
such facility at short notice from nearby hospital or other places, to meet any emergency.
(2)
The ambulance should have the following equipment:-
(a)
General -
-- A wheeled stretcher with folding and adjusting devices; with the head of the stretcher capable of
being tilled upward;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 212
-- Fixed suction unit with equipment;
-- Fixed oxygen supply with equipment;
-- Pillow with case, sheets, blankets, towels;
-- Emesis bag, bed Pan, urinal, glass
(b)
Safety equipment -
-- Flares with life of thirty minutes;
-- Flood lights;
--- Flash lights, Fire extinguisher dry powder type;
---- Insulated gauntlets.
(c)
Emergency care equipments-
(i)
Resuscitation
-- Portable suction unit, portable Oxygen units
-- Bag-valve-mask, hand operated artificial ventilation unit;
-- Airways; -- Mouth gases; -- Trachestomy adaptors;
-- Short spine board; -- I. V. Fluids with administration unit;
-- B.P. manometer; -- Gugg; -- Stethoscope
(ii) Immobilization -
-- Long and short padded boards; -- Wire ladder splints;
-- Triangular bandage; -- Long and short spine boards.
(iii) Dressings -
-- Gauze pads - 4" x 4"; -- Universal dressing 1O" x 36";
-- Roll of aluminium foils; -- Adhesive tape of 3"; -- Safety pins;
-- Bandage sheets; -- Burn sheet.
(iv) Poisoning -
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 213
-- Syrup of lpecae; -- Activated Charcoal pre-packeted in doses; Snake bite kit;
-- Drinking water.
(v) Emergency Medicines -
-- As per requirement (under the advice of Medical Officer only).
119.
Decontamination facilities. - In every factory carrying out 'hazardous process', the following
provisions shall be made to meet emergency, namely: -
(a)
fully equipped first aid box;
(b)
readily accessible means of water for washing, drenching clothing of workers as well as for
those who have been contaminated with hazardous and corrosive substances and such means shall be
as per the scale shown in the table below:-
Table
No. of persons employed at any time
No. of drenching showers
Upto 50 persons
2
Between 51 to 100
3
101 to 200
3 + 1 for every 50 persons
thereafter
201 to 400
5 + 1 for every 100 persons thereafter
401 and above
7 + 1 for every 200 persons thereafter
(c)
a sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in
boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be
visible at all times.
120.
Making available health records to workers.- (1) The occupier of every factory carrying out
hazardous process shall make accessible the health records including the records of workers exposure
to hazardous process or, as the case may be, the medical records of any worker for his perusal under the
following conditions, namely:-
(a)
once in every six months or immediately after the medical examination, whichever is earlier;
(b)
if the qualified medical practitioner or Medical Officer, as the case may be, is of the opinion
that the worker has manifested signs and symptoms of any notifiable disease as specified in the Third
Schedule to the Code;
(c)
if the worker leaves the employment;
(d)
if any one of the following authorities so direct:--
(i)
the Chief Inspector-cum-Facilitator;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 214
(ii)
the Health Authority of Central or Administration of Dadra and Nagar Haveli and Daman Diu;
(iii)
Competent Authority in relation to employee's Compensation;
(iv)
the Director General Employees' State Insurance Corporation;
(v)
the Director, Employees State Insurance Corporation (Medical benefits; and
(vi)
the Director General, Factory Advice Service and Labour Institutes.
(2)
A copy of the upto date health records including the record of worker's exposure to hazardous
process or, as the case may be, the medical records shall be supplied to the worker on receipt of an
application from him. X-ray plates and other medical diagnostic reports may also be made available for
reference to his medical practitioner.
121.
Permissible Levels in Factories.- Without prejudice to the requirements in any other provisions
in the Code or the rules made there under, the requirements specified in the Schedule given below shall
apply to all factories:-
SCHEDULE
1.
Definitions: for the purpose of this schedule -
(a)
"mg/m3" means milligrams of a substances per cubic metre of air;
(b)
"mppem" means million particles of a substance per cubic metre of air;
(c)
"ppm" means parts of vapour or gas per million parts of air by volume at 25 degrees centigrade
and 760 mm of mercury pressure;
(d)
"Time weighted average concentration" means the average concentration of a substance in the
air at any work location in a factory computed from evaluation of adequate number of air samples taken
at that location, spread over the entire shift on any day, after giving weightage to the duration for which
each such sample is collected and the concentration prevailing at the time of taking the sample.
Time weighted average C1T1 + C2T2 + CnTn Concentration = T1 + T2 +. Tn
Where C1 represents the concentration of the substance for duration T1 (in hours);
C2 represents the concentration of the substance for duration T2 (in hours); and Cn represents the
concentration of the substance for duration Tn (in hours).
[e) "Work location" means a location in a factory at which a worker works or may be required to work
at any time during any shift on any day.
2.
Limits of concentration of substances at work location: - (1) The time weighted average
concentration of any substance listed in table 1 or 2 of the schedule, at any work location in a factory
during any shift on any day shall not exceed the limit of the permissible time weighted average
concentration specified in respect of that substance:
Provided that in the case of a substance mentioned in Table 1 in respect of which a limit in terms of
short term maximum concentration is indicated, the concentration of such a substance may exceed the
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 215
permissible limit of the time weighted average concentration for the substance for short periods not
exceeding 15 minutes at a time, subject to the condition that-
(a)
Such periods during which the concentration exceeds the prescribed time weighted average
concentration are restricted to not more than 4 per shift;
(b)
the time interval between any two such periods of higher exposure shall not be less than 60
minutes; and
(c)
At no time the concentration of the substance in the air shall exceed the limit of short term
maximum concentration.
(2)
In the case of any substance given in Table 3, the concentration of the substance at any work
location in a factory at any time during any day shall not exceed the limit of exposure for that substance
specified in the table.
(3)
In the cases where the word "skin" has been indicated against certain substance mentioned in
Tables 1 and 3, appropriate measures shall be taken to prevent absorption through cutaneous routes
particularly skin, mucous membranes, and eyes as the limits specified in these Tables are for conditions
where the exposure is only through respiratory tract.
(4)
(a) In case, the air at any work location contains a mixture of such substances mentioned in
Table 1, 2 or 3, which have similar toxic properties, the time weighted concentration of each of these
substances during the shift should be such that when these time weighted concentration divided by the
respective permissible time weighted average concentration specified in the above mentioned tables,
and the fractions obtained are added together, the total shall not exceed unity.
C1 C2 Cn--
+--+-- +
L1 L2 Ln
Where C1, C2. Cn are the time weighted concentration of toxic substances
1, 2
, and n respectively, determined after measurement at work location; And L1,
L2
Ln are the permissible time weighted average concentration of the toxic substances 1, 2, and n
respectively.
(b)
In case the air at any work location contains a mixture of substances, mentioned in Table 1, 2,
3 and these do not have similar toxic properties, then the time weighted concentration of each of these
substances shall not exceed the permissible time weighted average concentration specified in the above
mentioned tables, for that particular substance.
(c)
The requirement in clauses (a) and (b) shall be in addition to the requirements in paragraphs 2
(1) and 2(2).
3.
Power to require assessment of concentration of substances.-
(1)
An Inspector-cum-Facilitator may, by an order in writing, direct the occupier or manager of a
factory to get before any specified date, the assessment of the time weighted average concentration at
any work location of any of the substances mentioned in Table 1,2 or 3 carried out.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 216
(2)
The results of such assessment as well as the method followed for air sampling and analysis for
such assessment shall be sent to the Inspector-cum-Facilitator within 3 days from the date of completion
of such assessment and also a record of the same kept readily available for inspection by an Inspector-
cum-Facilitator.
4.
Exemption.- If in respect of any factory or a part of a factory, the Chief Inspector-cum-
Facilitator is satisfied that, by virtue of the pattern of working time of the workers at different work
locations or an account of other circumstances, no worker is exposed, in the air at the work locations,
to a substance or substances specified in Tables 1,2 or 3 to such an extent as is likely to be injurious to
his health, he (the Chief Inspector-cum-Facilitator) may by an order in writing, exempt the factory or a
part of the factory from the requirements in paragraph 2, subject to such conditions, if any, as he may
specify therein.
TABLE – 1
Substance
Permissible level of exposure
Time-weightedaverage
concentration
short-term maximum concentration
p Pm
mg Im 3
PP m
mg/m3
Acetic acid
1
25
1
37
0
5
Acrolein
0.
0.2
0.
0.8
1
5
3
Aldrin-skin
-
0.2
-
0.7
5
5
Ammonia
2
18
3
27
5
5
Aniline-skin
2
10
5
20
Anisidine(o-p-isomera)-
2.1
0.5
-
-
skin
Arsenic and compounds
-
0.2
-
-
Benzene
10
30
-
-
Bromine
0.
0.7
0.
2
1
3
2-
2
59
3
88
Butanone(m e
0
0
0
5
thylethyl) (ke
0
0
tone-mek)
n-Buty lacetate
150
710
200
950
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 217
Secondary/ Tertiary Butyl
Acetate
200
950
250
1190
Cadmium dust and salt
-
0.05
-
0.2
(as cd)
Cacium
-
2
-
-
Carbyl (sevin)
-
5
-
10
Carbofuran(f uradan)
-
0.1
-
-
Carbon disulfide-skin
2
60
30
90
Carbon mono oxide
50
55
400
440
Carbon tetra chloride-skin
10
65
20
130
Carbonyl
chloride(Pho
sgene)
0.1
0.4
-
-
Chlordane-skin
-
9.5
-
2
Chlorobenzo
ne(MonoC
hiorobenzene)
75
350
-
-
Chlorine
1
3
3
9
Bi-Chloromethyl Ether
0.001
-
-
-
Chromic Acid and Chromates
(as er)
-
0.05
-
-
Chromiumsel
Chromic
Chrmous salts
-
0.05
-
-
Copper Fumes
-
0.2
-
-
Cotton Dust (raw)
-
0.02
-
-
Cresol,AII Isomers-skin
5
22
-
-
Cynides (as en) skin
-
5
-
-
Cynanogen
10
20
-
-
DDT(Dicholo
roDiphe
nylTrichlore-Ethane)
-
1
-
3
Demton-skin
0.01
0.1
0.03
0.3
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 218
Diazinon-skin
-
0.1
-
0.3
Dibutyl phthalate
-
5
-
10
Dichlorves(d dv)-skin
0.1
1
0.3
3
Dieldrin-skin
-
0.25
-
0.75
Dinitrobenze ne( allisomers)-
skin
0.15
1
0.5
3
Dinitrotuolen e-skin
-
1.5
-
5
Diphenyl
0.2
1.5
0.6
4
Endosulfam(t hiodan)- skin
-
0.1
-
0.3
Endrin-skin
-
0.1
-
0.3
Ethyl acetate
400
1000
-
-
Ethyl alcohol
1000
1900
-
-
Ethyl amine
60
18
-
-
Flourides
-
2.5
-
-
Fluorin
1
2
2
4
Hydrogen cynide-skin
10
11
15
16
Hydrogen Sulfide
10
15
16
27
Iron oxide fumes
-
5
-
10
lsoamyl acetate
100
525
125
655
lsoamyl alcohol
100
360
125
450
lsobutyl alcohol
50
150
75
225
Lead furness and dust
-
0.15
-
0.45
Libdane-skin
-
0.5
-
1.5
Malathion-skin
-
10
-
-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 219
Manganese fumes
-
1
-
1
Mercury
-
0.05
-
0.15
Mercury)alkyl compounds)s
kin
0.001
0.01
0.003
0.03
Methyl alcohol(meth anol)-
skin
200
260
250
310
Methyl celloply-skin(2-
methoxy ethanol)
25
80
35
120
Methyl isobutyl ketone-skin
100
410
125
510
Naphthalene
10
50
15
75
Nickel carbonyl
0.05
0.35
-
-
Nitric acid
2
5
4
10
Nitric oxide
25
30
35
45
Nitrobenzene-skin
1
5
2
10
Oil mist minerals
-
5
-
10
Parathion-skin
-
0.01
-
0.03
Phenel-skin
5
19
10
38
Phorate(thim et)-skin
-
0.05
-
0.2
Phosgene(C
arbonyl
Chloride)
0.1
0.4
1
1
Phosphine
0.3
0.4
1
1
Phasphorous (yellow)
-
0.1
-
0.3
Phasphorous pentachloride
-
1
-
3
Phasphorous trichloride
0.5
3
-
-
Picric acid-skin
-
0.1
-
0.3
Pyridine
5
15
10
30
Saline(silicon tetrahyd ride)
0.5
0.7
1
1.5
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 220
Styrene
monomer(ph
enylethy lene)
100
420
125
525
Sulfur dioxide
5
13
-
-
Sulphuric acid
-
1
-
-
Toludine(tolo ul)-skin
100
375
150
500
0-Toludine
5
22
10
44
Trichloroethyl ene
100
535
150
800
Vinyl chloride
5
10
-
-
Welding fumes(nitro us
oxide)
-
5
-
-
Xylene(o-m-p-isomers)-skin
100
435
150
655
TABLE – 2
SR.
NO
Substance
Permissible time average concentration
Silica
a
Crystalline
i
Quartz
1
in term of dust count
=1060/(
%
quartz+1
O)in mppcm
2
in term of
Respirable dust
=10/(% respirable
quuartz+2)
in mg/cubic metre
3
in term of total dust
=30/(%
quartz+3)in mg/cubic
metre
ii
Cristobalite
half of the limit given
against
quartz
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 221
iii
Tridmite
Do
iv
Silica fused
as for quartz
v
Tripoli
as for item(2) quartz
b
Amorphous
705 mppcm
2
Silicates having less than 1 % free silica by
weight
A
Asbestos fibres longer than 5
microns
2 fibres per cubic centimetres
B
Mica
705 mppcm
C
Mineral wool fibre
10 mg per cubic metres
D
Porlite
1060 mppcm
E
Portland cement
1060 mppcm
F
Soapstone
705 mppcm
G
Talc (nonbost)
Do
H
Tal(fibrrous)
same as for (a)
I
Tetomile
do
3
Coal Dust
1
for airborne dust having not more
than 5% silicon dioxide by weight
2 mg per cubic metres
2
for airborne dust having more than
5%
silicon dioxide by weight
as for item (2) of quartz
TABLE – 3
Substance
Permissible limit of exposure
Ppm
mq/m3
Acetic anhydride
5
20
O-Dichlorobenzene
50
300
Formaldehyde
2
3
Hydrogen Chloride
5
7
Manganese
& compounds
(as Mn)
-
5
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 222
Nitrogen dioxide
5
9
Nitroglycerin-skin
0.2
2
Potassium hydroxide
-
2
Sodium hydroxide
-
2
- 2
2,
4, 6
-
Trinitrotolu ene(TNT)
-
0.5
122.
Appropriate authority for appeal.- Chief Inspector-cum-Facilitator of Union Territory
Administration of Dadra and Nagar Haveli and Daman Diu shall be appropriate authority for the
purposes of section 90 of the Code.
123.
Form and manner of making application under section 90.- (1) The occupier hall make an
application in Form-45 to the appropriate authority.
(2)
The appropriate authority shall refer the matter within three days to any officer either not below
the rank of Joint Secretary to Government of India or any senior-most officer posted at head-quarter.
(3)
The officer authorized in sub-rule(2) shall examine the matter within fifteen days from the date
of receipt.
(4)
The officer authorized in sub-rule(2) shall submit report within next two days to the appropriate
authority.
(5)
The appropriate authority shall pass an order within three days from date of receipt of report.
124.
Persons holding position of supervision or management or confidential. position etc.- The
following persons in factories shall be deemed to hold position of supervision or management and to be
employed in confidential position, namely:-
(i)
Managing Director, President, Chief Executive or Senior Vice-President, Vice -President or
General Manager;
(ii)
Deputy General Manager or Manger or Factory Manager ;
(iii)
Deputy Manager or Deputy Factory Manager, Assistant Manager or Assistant Factory Manager
;
(iv)
Chief Welfare Officer or Welfare Officer or Lab our Welfare Officer;
(v)
Heads of Departments ;
(vi)
Superintending Engineer;
(vii)
Executive Engineer or Assistant Engineer;
(viii)
Secretary or Personal Assistant to the persons listed above at serial numbers (i) to (vii) ;
(ix)
Sub-Station Engineer;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 223
(x)
Head Electrician;
(xi)
Supervisor or Foreman;
(xii)
Head Store Keeper or Store keeper;
(xiii)
Head Time-Keeper or Time keeper;
(xiv)
Store Purchase Officer ; and
(xv)
any other person employed as such and so declared by the Chief Inspector- cum-Facilitator in
writing.
125.
List to be maintained of persons holding confidential position or position of supervision or
management.- A list showing the names and designations of all persons referred to in rule 124 shall be
maintained in every factory.
PART-VI PLANTATION
126.
Housing accommodation for workers.- Every employer shall provide for worker and his family
residing in a plantation, housing accommodation as near as possible to the place of work.
127.
Standard and specification of housing accommodation.- All housing accommodation for
workers in a plantation shall conform to such standards and specifications as may be approved by the
Administration of Dadra and Nagar Haveli and Daman Diu on the recommendation of the Board
constituted under section 17.
128.
Sites for housing accommodation.- (1) The housing accommodation shall be provided on dry
well-drained land which is consistent with the requirement regarding distance from the plantation, has
supplies of wholesome drinking water within a reasonable distance.
(2)
Adequate lighting arrangements shall be provided in and around the area in which housing
accommodation is provided.
(3)
The employer shall maintain in good condition the approach roads and paths to the area where
houses are located as also the sewers and drains in that area.
(4)
The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and
the latrines and drains to be cleaned out daily and all refuse in or near them to be collected, removed
and disposed of hygienically.
(5)
Adequate facilities of toilets with sewage disposal shall be ensured by the employer.
129.
Maintenance of houses.- (1) The employer shall, at his own expenses, maintain all houses
provided for accommodation of workers in a fit and safe condition and execute annual and such other
repairs as may be necessary from time to time.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 224
(2)
A worker occupying a house may, and an Inspector-cum-Facilitator appointed under the Code
shall, bring to the notice of the employer any defect in the condition of a house which makes it dangerous
to the health and safety of the worker. It shall be the duty of the employer to rectify the same at the
earliest.
(3)
The employer shall get all the houses lime-washed at least once every year and all the doors,
windows and other wooden structure varnished or painted once in three years. A record of dates on
which lime-washing or painting was carried out shall be maintained in a register.
(4)
If any employer fails to comply with the requirements of sub -rules (1), (2) or (3), the Chief
Inspector-cum-Facilitator may cause repairs to be done and realise the cost thereof from the employer
as arrears of land revenue.
130.
Accommodation to be rent free.- No rent shall be charged by an employer for the housing
accommodation provided to workers and their families residing in his plantation.
131.
Occupation of accommodation after termination of employment.- (1) When a worker dies in
the service of the employer, or retires, or goes on transfer, or resigns or goes on leave or when his
services are terminated, he or his family may retain the house up to the period as detail below-
(i)
in the case of death, transfer, termination of service, retirement or resignation, a period not
exceeding two months;
(ii)
in the case of leave, for the period of leave; and
(iii)
in the case where the discharge of a worker is disputed and the matter has been taken to an
Industrial Tribunal or Court, for so long as the case is not finally disposed of'.
(2) If a worker fails to vacate the house on the expiry of the period mentioned above and continues to
occupy the same when no member of his family is working, he shall be liable to pay to the employer
such rent at a rate not exceeding ten percent of his wages as may be fixed by the Chief Inspector-cum-
Facilitator.
132.
Benefit of sickness.- (1) Every worker shall be entitled to obtain sickness allowance from his
employer for each day of certified sickness for a total period of fourteen days in a year at the rate of
wages paid normally.
Provided however, that where under existing provisions under any law the sickness allowance is higher,
workers shall not, by the dint of this rule, be deprived of such higher allowance.
(2) Sickness allowance specified in sub-rule (1) shall be paid at the option of the worker either at the
time of payment of weekly advances on account of wages or along with the first installment of wages
payable to the worker after he resumes his work on recovery from certified sickness.
(3)
The certificate of sickness shall be issued by the Medical Officer or qualified medical
practitioner appointed by the employer to every worker entitled to obtain sickness allowance.
(4)
No sickness allowance shall be paid to a worker if heat tends to work on any day for which he
has been granted sickness allowance.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 225
133.
Creche for Plantation Workers.- (1) In every plantation wherein fifty or more workers are
employed or were employed on any day of the preceding twelve months, the employer shall provide
and maintain creche for the use of the children who are between the age of 2 and 6 years.
(2)
Every creche shall be conveniently accessible to the parents of the children accommodated
therein.
(3)
There shall be not less than fifteen square feet of floor area for each child to be accommodated
in a creche.
(4)
The building in which the creche is situated shall be of sound construction with a good plinth.
(5)
The plan of the creche building shall be in accordance with the standard plan or plans laid down
by the Chief Inspector-cum-Facilitator.
(6)
The creche shall be furnished with suitable furniture such as cots to lie down, benches to sit, a
hammock for each child below the age of two years, etc., and provided with toys and other play things
as may be specified by the Chief Inspector-cum-Facilitator with the prior approval of the Administration
of Dadra and Nagar Haveli and Daman Diu.
(7)
A suitably fenced and shady open air play-ground shall be provided for the children.
(B) The employer shall appoint a woman as Creche-in-charge to look after children during the absence
of their parents, who shall possess such qualifications and training as may be approved by the
Administration of Dadra and Nagar Haveli and Daman Diu.
134.
Educational facilities for worker's children.- Every employer shall, if the number of workers
children between the ages of six and twelve in his plantation exceeds twenty five, provide and maintain
a Primary School for imparting Primary education to the children: •
Provided that an employer may not provide and maintain a Primary School if there is one under the
direct management of the Administration of Dadra and Nagar Haveli and Daman Diu or of any local
body for imparting free education to the children up to the primary or higher standard, with enough
seats to admit the children between the ages of six and twelve of the workers in his plantation or within
a distance of one kilometer from the place where workers reside in his plantation.
135.
Equipment in school.- The employer or employers, as the case may be shall provide for every
Primary School maintained under rule 134 such educational and other equipment as may be considered
necessary by the State Education Department.
136.
Fee to be charged.- No fees shall be charged from the workers' children attending the Primary
School.
137.
Recreational facilities.- (1) Every employer shall provide and maintain,-
(i)
recreation centre to the scale of one for every one hundred and seventy-five families of resident
workers or part thereof with provision for a television with dish connection and indoor games for
workers and their families and such other facilities, as may be specified by the Chief Inspector-cum-
Facilitator, with prior approval of the Administration of Dadra and Nagar Haveli and Daman Diu; and
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 226
(ii)
a playground or playgrounds for workers and their families with necessary sports equipment
for out-door games:
(2) Every recreation centre to be provided and maintained shall be conveniently situated as near as
possible to the worker's quarters.
138.
Safeguards for women and adolescent in using or handling hazardous substances.- No pregnant
woman or adolescent shall be allowed to handle any hazardous substance.
139.
Qualifications to supervise the use, handling, storage and transportation of insecticides,
chemicals and toxic substances in the plantation of the employer.- For the purposes of sub-section (3)
of section 93, no person shall be appointed by an employer unless such person is,-
(i)
in possession of B.Sc. in Chemistry or Agriculture;
(ii)
able to speak and understand the language of workers; and
(iii)
having an experience of three years in such field.
140.
Safety measures and safe work practices.- The following safety measures and safe work
practices with respect to the location, security and access to storage of insecticides, chemicals and toxic
substances shall be ensured by the employer, namely:-
(a)
the store or storage area shall be separate from other buildings, dwellings, storage of foodstuffs;
(b)
accidental or unauthorized access to the storage area shall be prevented;
(c)
the store shall be kept locked and fitted with a child proof latch to prevent risks to children,
visitors to the workplace, and members of the public who are not familiar with the hazards of
insecticides, chemicals and toxic substances;
(d)
adequate natural or mechanical ventilation shall be provided;
(e)
impervious floors with drainage into a sump concrete door sills concrete or block walls to a
sufficient height to contain spills impervious shelving;
(f)
the walls (or bund) and door sill shall be high enough to contain a spillage of twenty-five per
cent of the total volume of packaged liquid pesticides;
(g)
provision shall be made for drainage of spills and clean up water into a sump or pit that can
contain the insecticides, chemicals and toxic substances, clean up materials and the wash water;
(h)
supply of wash water shall be made readily available;
(i)
good natural cross-flow ventilation shall be provided with vents in opposite walls, above bund
height;
(j)
substances shall be stored at a cool temperature to prevent deterioration; and
(k)
the products shall be protected from moisture so that packaging and labelling does not
deteriorate.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 227
141.
Medical examination and health record of plantation workers.- (1) Every worker employed in
a plantation, who is exposed to insecticides, pesticides, chemicals and toxic substances shall be
medically examined by a qualified medical practitioner in the following manner, namely:-
(i)
once before employment, to ascertain physical fitness of the person to do the particular job;
(ii)
once in a period of twelve months, to ascertain the health status of all the workers in respect of
occupational health hazards to which they are exposed; and
(iii)
the details of pre-employment and periodical medical examination carried out as aforesaid shall
be recorded in the health register in Form- 41 electronically or otherwise.
(2)
No person shall be employed for the first time without a certificate of Fitness in Form-40
granted by the qualified medical practitioner. If the qualified medical practitioner declares a person unfit
for being employed, such a person shall have the right to appeal to the Inspector- cum-Facilitator who
shall refer the matter to the Medical Officer whose opinion shall be final in this regard.
(3)
Any finding of the qualified medical practitioner revealing any abnormality or unsuitability of
any person employed shall immediately be reported to the Medical Officer who shall in turn, examine
the concerned worker and communicate his findings to the employer within thirty days. If the Medical
Officer is of the opinion that the worker so examined is required to be taken away from the employment
for health protection, he will direct the employer accordingly, who shall not employ the said worker in
the same employment. However, the worker so taken away shall be provided with alternate placement
unless he is fully incapacitated in the opinion of the Medical Officer in which case the worker affected
shall be suitably rehabilitated.
(4)
The workers taken away from employment under sub-rule (3) may be employed again in the
same employment only after obtaining the Fitness Certificate from the Medical Officer and after making
entries to that effect in the health register.
(5)
A copy of the upto date health records including the record of worker's exposure to insecticides,
pesticides, chemicals and toxic substances or, as the case may be, the medical records shall be supplied
to the worker on receipt of an application from him. X-ray plates and other medical diagnostic reports
may also be made available for reference to his qualified medical practitioner.
142.
Washing, bathing and cloak-room facilities to plantation workers.- (1) There shall be provided
and maintained in every plantation for the use of all the workers taps for washing, at the rate of one for
every fifteen persons including liquid soap in a container with tilting arrangements and nail brushes or
other suitable means for effective cleaning. Such facilities shall be conveniently accessible and shall be
kept in a clean and hygienic condition.
(2)
If washing facilities as required above are provided for women, such facilities shall be separate
for them and adequate privacy at all times shall be ensured in such facilities.
(3)
Every employer of a plantation where the workers engaged therein are handling insecticides,
pesticides, chemicals and toxic substances and fifty workers or more are employed, shall provide for all
the workers working in a shift, mess room facilities which are well ventilated and provided with tables
and sitting facilities along with the provision of cold and hygienic drinking water facilities.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 228
(4)
The facilities mentioned in sub-rule (3) shall include suitable arrangements for cleaning and
washing and shall be maintained in a clean and hygienic condition.
(5)
Every employer of a plantation where the workers engaged therein are handling insecticides,
pesticides, chemicals and toxic shall provide for cloak room facilities with lockers. Each worker shall
be provided with two lockers, one for work clothing and another separately for personal clothing and
the lockers should be such as to enable the keeping of the clothing in a hanging position.
(6)
The cloak room facilities provided under sub-rule (5) shall be located, as far as possible, near
to the facilities provided for washing under sub-rule (1). If it is not possible to locate the washing
facilities near to the cloakroom, then the cloakroom shall have adequate and suitable arrangements for
cleaning and washing.
143.
Protective clothing and equipment to plantation workers.- When choosing Personal Protective
Equipments in accordance with the label, Material Safety Data Sheet and risk assessment, the following
items shall be considered, namely:-
(a)
cotton overalls buttoned to the neck and wrist;
(b)
pesticide resistant water-proof aprons when mixing or pouring concentrate;
(c)
gloves (pesticide resistant), preferably gauntlets, to be worn when handling or using chemicals;
(d)
a wide brim washable hat; if contaminated, the hat should be removed immediately and washed
before re-use;
(e)
boots such as rubber or Polyvinyl chloride; waterproof leggings providing additional protection,
leather boots which can absorb pesticide and prevent exposure during high volume applications;
(f)
face shield or splash proof goggles when mixing or pouring;
(g)
goggles and appropriate approved respirator, especially if exposure to spray drift is likely; and
(h)
full face air -line respirator when working in enclosed spaces, depending on the label and
Material Safety Data Sheet self- contained breathing apparatus for entry into confined spaces.
144.
Precautionary notices in plantation.- precautionary notice in the form specified below and
printed in the language of the majority of the workers employed shall be affixed in a prominent place
in the plantation where it canbe easily and conveniently read by the workers.
PRECAUTIONARY NOTICE
1.
Chemicals handled in this plantation are hazardous.
2.
Smoking, chewing tobacco, eating food or drinking, in this area is prohibited.
3.
No food stuff or drink shall be brought in this area.
4.
Some of these chemicals may be absorbed through the skin and may cause poisoning.
5.
A good wash shall be taken before meals.
6.
Protective devices supplied shall be used while working in this area.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 229
7.
Spillage of the chemicals on any part of the body or on the floor shall be immediately washed
away with water.
B.
All workers shall report for the prescribed medical tests regularly to protect their own health.
CHAPTER-X OFFENCES AND PENALTIES
145.
Officer and manner for holding enquiry.- (1) Government shall appoint an officer of Labour
Department posted at district level not below the equivalent rank of Under-Secretary to Government of
India to be the officer appointed for the purpose of section 111(1) of the Code in its respective
jurisdiction.
(2)
The officer referred to in sub-rule (1), upon acquiring the knowledge of an offence under the
Code, shall serve a notice, within seven days of such knowledge, on the person who is alleged to have
committed an offence.
(3)
The person on whom notice has been served under sub-rule (2) shall submit his reply within
the period specified in the notice.
(4)
The officer referred to in sub-rule (1), may call any person to appear before him along with any
record or document required for the purpose of enquiry he is holding.
(5)
The officer referred to in sub-rule (1), shall complete enquiry within sixty days from the start
of such enquiry and pass a speaking order.
(6)
The amount of penalty imposed and received under section 111 shall be credited to the fund
established under sub-section (1) of section 115 and record of such receipt shall be maintained in Form-
46.
146.
Appellate Authority and manner of appeal. - (1) Administration of Dadra and Nagar Haveli and
Daman Diu shall appoint an officer in the rank equivalent to that of Deputy-Secretary to Government
of India, to act as Appellate Authority for the purpose of section 111 of the Code.
(2)
The aggrieved person may prefer an appeal to the officer referred to in sub- rule (1) in Form-
47 within the period specified in sub-section (3) of section 111.
(3)
A fee at the rate of two percent of penalty imposed under rule 145 shall be accompanied by
appeal which shall be paid on portal and shall be credited to the treasury in the head of the account as
may be specified by the Administration of Dadra and Nagar Haveli and Daman Diu from time to time.
147.
Officer and manner of composition of certain offences.- (1) Government may notify any senior-
most officer preferably equivalent to the rank of Joint Secretary to Government of India for the purpose
of section 114(1) of the Code.
(2) Any person seeking composition of penalty or offence as specified in sub-rule (1) shall file an
application in Form-48 to the concerned officer mentioned in sub- rule (1).
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 230
(3)
The officer mentioned in sub-rule (1) shall take decision within seven days from receipt of
application under sub-rule (2). The officer mentioned in sub-rule (1) may authorize any officer of the
Labour Department to submit copy of decision of composition before the officer who imposed penalty
or the court where prosecution is instituted.
(4)
The amount of composition received during the month shall be credited to the fund mentioned
in sub-section (1) of section 115 for the unorganized workers, before the 7th day of the succeeding
month.
(5)
The amount of composition received and credited shall be recorded in a register to be
maintained in Form-49.
CHAPTER-XI SOCIAL SECURITY FUND
148.
Social security fund.- (1) The Chief Inspector-cum-Facilitator shall maintain record of the
social security fund, in Form-50.
(2)
The social security fund administered shall be credited to the Dadra and Nagar Haveli and
Daman Diu Unorganized Workers Social Security Board constituted under the Dadra & Nagar Haveli
and Daman & Diu) Social Security Rules, 2022.
(3)
The social security fund may also be expended on welfare schemes of the Dadra and Nagar
Haveli and Daman Diu Unorganized Workers Social Security Board.
(4)
The other sources of social security fund shall be,-
(i)
the grants and subsidies given by the Central or Administration of Dadra and Nagar Haveli and
Daman Diu;
{ii)
all voluntary donations; and
(iii) ten rupees per worker to be paid by the employer of every establishment at the time of its
registration.
CHAPTER-XII MISCELLANEOUS
149.
Common License for contractor, factories and to industrial premises, etc..-
(1)
Any person desirous of obtaining common license in respect of a factory, industrial premises
for beedi and cigar work and for engaging contract workers or any combination thereof or single license
for any one of them under the Code shall make an application in Form-51 to the designated authority
on portal.
(2)
For the purpose of license referred to in sub-section (1), fee shall, respectively be payable at the
rates specified Schedules I, II and III given under sub-rule (3).
(3)
On receipt of an application, the authority shall investigate or cause to be investigated to his
satisfaction about the correctness of the facts and particulars furnished in the application and other
documents submitted along with it and grant such license in Form- 52 within thirty days from the date
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 231
of receipt of application. Where the authority is of the opinion that the license shall not be granted, he
shall after affording reasonable opportunity to the applicant to be heard make an order rejecting the
application, recording the reasons and shall communicate it to the applicant within forty five days of
such application.
(4)
If the authority fails to grant or reject such application within the prescribed time, the license
shall be deemed to be issued and auto generated.
(5)
Any person aggrieved by an order passed under this section by the authority under Section 119,
may file within thirty days from the date of the order, an appeal electronically to such authority and
with such fee notified by the Government which shall be disposed within sixty days
149A. Inquiry under section 121.- (1) In the event of the occurrence of an accident, which has caused
or had the potentiality to cause serious danger to employees and other persons within, and in the vicinity
of the workplace or whether immediate or delayed, or any occupational disease as specified in the Third
Schedule, which has been or is suspected to have been contracted, in epidemic proportions, State
Government may appoint one or more persons possessing legal or special knowledge or competent
enough to inquire into the causes of the accident or disease and fix responsibilities and suggest a plan
of action to prevent such accidents or diseases in future and submit the report to the Government.
(2)
Chief Inspector-cum-Facilitator may appoint a committee to undertake a survey on the situation
relating to safety or health at any workplace or class of workplaces or into the effect of work activity
on the health of the employees and other persons within and in the vicinity of the workplace as and
when required.
(3)
The officer directed or committee appointed, under sub-section (1) or sub-section(2),to hold an
inquiry, shall have the powers of a civil court under the Code of Civil Procedure, 1908, for the purposes
of enforcing the attendance of witnesses and compelling the production of documents and material
objects for the purposes of the inquiry, exercise such powers of an Inspector-cum-Facilitator under this
rule as may be necessary.
SCHEDULE I
Fees for the grant of license for a factory for one calendar year Number of workers
Load connecte d in
kilowatts
Upto 19
From
20 to
50
From 51
to 100
From
101 to
150
From
151 to
250
From
251 to
500
From
501 to
1000
From
1001 to
1500
From
1501 to
2500
Above
2500
Witho ut power
1000
1500
2000
2500
3000
4000
5000
6000
8000
10000
Upto 50
1500
2000
2500
3000
4000
5000
6000
8000
10000 15000
From 51 To100
2000
2500
3000
4000
5000
6000
8000
10000 15000 20000
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 232
From 101 to150
2500
3000
4000
5000
6000
8000 10000 15000 20000 25000
From 151to250
3000
4000
5000
6000
8000
10000 15000 20000 25000 30000
From 251 to 500
4000
5000
6000
8000
10000
15000 20000 25000 30000
35000
From 501 to 1000
5000
6000
8000
10000 15000
20000 25000 30000 35000
40000
From 1001 to 2000
6000
8000
10000 15000 20000
25000 30000 35000 40000
50000
From 2001 to 3000
8000
10000 15000 20000 25000
30000 35000 40000 50000
60000
From 3001 to 4000
10000
15000 20000 25000 30000
35000 40000 50000 60000
70000
From 3001to 4000
10000
15000 20000 25000 30000
35000 40000 50000 60000
70000
From4001to 5000
15000
20000 25000 30000 35000
40000 50000 60000 70000
80000
Above 5000
20000
25000 30000 35000 40000
50000 60000 70000 80000
100000
Schedule-II
In respect of Industrial premise for Beedi and Cigar work
Number of workers to be
employed
Fee for license
21-100
15000
101-150
25000
151-200
35000
201-250
50000
251-500
75000
501-750
100000
751-1000
125000
Above 1000
150000
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 233
Schedule-III
In respect of engagement of Contractors.
Number of workers to be engaged /employed
by contractor
Fee for license deposited
No license is required up to 49 contract labour
Nil
50 and above but not exceeding 100 contract
labour
Rs. 1000
101 and above but not exceeding 300 contract
labour
Rs. 2000
301 and above but not exceeding 500 contract
labour
Rs. 3000
501 and above but not exceeding 1000
contract labour
Rs. 5000
1001 and above but not exceeding 5000
contract labour
Rs. 10000
5001 and above but not exceeding 10000
contract labour
Rs. 20000
10001 and above but not exceeding 20000
contract labour
Rs. 30,000
Exceeding 20001 contract labour
Rs. 40,000
150.
Appointment of Inspector-cum-Facilitator.- (1) No person shall be appointed as an Inspector-
cum-Facilitator for the purpose of the Code unless he;
(i) Possesses such qualification and experience as may be specified by government from time to time
for such class of establishments as government may think fit, and;
(ii) Has passed the departmental examination as prescribed under Service Rules of Labour Department
as amended from time to time.
(3)
Legal Assistant of the Labour Department shall be the Inspector-cum-Facilitator exclusively
and specifically for the purposes of clause (xiii) of sub- section 1 of section 35 of the code.
151.
Savings and Repeal.-Notwithstanding anything contained in these rules, where any
establishment, to which these rules apply, has already been registered or issued a license under any
central acts and rules made there under which are repealed by these rules or state acts which are in the
mandate of Labour Department and rules made there under and which applies to the establishment
which is in existence at the time of the commencement of these rules shall be deemed to have been
registered or issued license under the prov1s1ons of these rules subject to the condition that
registration/license holder provides the details of registration to the concerned registering officer within
6 months from the commencement of these rules and in the respective forms of registration of
establishment or grant of license for contract labour or factory or beedi or cigar work.
152.
Inspection Scheme.- Administration of Dadra and Nagar Haveli and Daman Diu may lay down
a randomized, computerized inspection scheme with an inspection checklist as per the provisions under
the code and rules made thereunder through notification in the official gazette.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 234
153.
Self Certification Scheme.- Administration of Dadra and Nagar Haveli and Daman Diu may
lay down a self-certification scheme through notification in the official gazette.
FORM-01
[See rule 4 (6)]
Application for grant of competency to a person
1. Name
2. Permanent and Correspondence Address
3. Date of birth
4. Name of the organization (if self-employed)
5. Contact Details: Email and Mobile No.
6. Educational qualifications (copies of testimonials to be attached)
7. Details of Experience
Name
of
the
Organization
Period of service
Designation
Area of Responsibility
8. Memberships, if any, of professional bodies
9. (i) Details of facilities (examination, testing etc.)
(ii) Arrangements of calibrating and maintaining the accuracy of these facilities)
10.
Purpose for which competency certificate sought (specify the section of the Code or rules made
there under)
11.
Whether the applicant has been declared as a competent person under any other state or statute
(if so furnish details)
12.
Any other relevant information I undertake
(a)
That in the event of any change in facilities at my disposal (either addition or deletion) I will
promptly inform the Chief Inspector-cum-Facilitator.
(b)
To maintain the facilities in good working order calibrating periodically as per manufacturer's
instructions or as per National standards; and
(c)
To fulfill and abide by all conditions stipulated in the certificate of competency and instructions
issued by Chief lnspector-cum-Facilitator from time to time.
I ------------------hereby declare that the information furnished above is true.
Place
signature
Date
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 235
FORM-02
[See rule 4 (6)]
Application for grant of competency to an institution
1.
Name and full address of the Institution.
2.
Contact Details: Email and Mobile number:
3.
Institution's
status (specify whether Individual,
Government,
PSU
autonomous,
co-operative, partnership, LLP, public or private)
4.
Purpose for which competency sought (specify the section of the code or rules made thereunder)
5.
Whether the institution has been declared as a competent person under any other statute or in
any other state (if so furnish details)
6.
Particulars of persons employed and possessing qualification and experience
S. No.
Name
and
designation
Qualification
Experience
Section(s)/rule(s)
Under
which person's competency
sought
7.
Details of
facilities
and
arrangements
made
for
their
maintenance
and calibration periodically.
8.
any other relevant information
9.
Undertaking
I................
certify that
shri...........................
whose details are furnished above, is in our employment and nominate on the behalf of institution for
the purpose of being declared as competent person under the Code; I also undertake that I will-
(a)
Notify to the Chief Inspector-cum-Facilitator in case the
competent person leaves our institution.
(b)
To maintain the facilities in good working order calibrating periodically as per
manufacturer's instructions or as per National standards;
(c)
Notify to Chief Inspector-cum-Facilitator any change in facilities (either addition or deletion)
(d)
Fulfil and abide by all conditions stipulated in the certificate of competency and instructions
issued by Chief Inspector-cum-Facilitator from time to time.
I........................ hereby declare that the information furnished above are correct to the best of my
knowledge
Date
Signature
Place
Head of Institution
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 236
FORM-03
[See rule 4 (8)]
Certificate of competency issued to a person or an institution
I. ....................... in exercise the power conferred on me under section 2(1) of The Occupational Safety,
Health And Working Conditions Code 2020 and the rules made there under, here by recognize Shri (if
employed
in Name of institution).......................to be competent person for the purpose of preparation of plans,
carrying tests, examinations, inspections and certification for such buildings, dangerous machinery,
lifts, tackles, pressure plants, confined space, ventilation or plant and equipment as the case may be in
an establishment located in Union Territory of Dadra and Nagar Haveli and Daman Diu under section
[
] of the Code and the rules made there under.
This
certificate
is valid from..................to..................................... This certificate is subject
to the following conditions as stipulated there under-
1.
tests, examinations, inspections and shall be carried out in accordance with the provisions of
Code and the rules made there under.
2.
tests, examinations, inspections and shall be carried out under the direct supervision of
competent person
3.
the certificate of competency shall stand cancelled if the person declared competent leaves the
institution.
4.
Competent person or institution shall submit reports as per provisions of the Code.
5.
Any other condition Chief Inspector-cum-Facilitator may think fit.
Place
official seal & signature
Date
Chief Inspector-cum-Facilitator,
Union Territory Administration of Dadra and Nagar Haveli and Daman Diu
FORM-04
[See rule 6(1)]
Application for registration of an establishment as specified in section 3
1
Name of the establishment
2
Address of the establishment
village/town
Tehsil
District
3
Nature of core activity to be carried in the establishment
4
Type of establishment (Factory/Building or Other Construction
work/Contract Work/plantation/ Beedi or Cigar work/ motor transport
Mork/any other
5
Labour Identification Number
6
Name and address of the employer
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 237
7
Email, mobile of employer
8
a
Maximum number of employees to be employed on any day during
the year
b
Maximum number of employees were employed on any day during
the last twelve months
9
Date of commencement of activity in the establishment
10
Electric load connected (in kilowatts)
11
Constitution
of
establishment
(Proprietorship/partnership/
limited
company/ government department/ local authority/ cooperative)
12
Is building in which establishment situated own/rented/allotted/through
mutual agreement
13
Is establishment employing or will employ inter-state migrant workers? if
yes details thereof in Form -05
14
National Industrial Classification Code
15
Contractor Details
a
Name and Address of Contractor
b
Number of contract labour to be engaged
C
Nature of work of contract labour
16
particulars of fee deposited
Amount date
Declaration by the employer:
(i)
I hereby declare that the particulars given above are true to the best of my knowledge and belief.
(ii)
I undertake to abide by the provisions of the Occupational Safety, Health and Working
Conditions Code 2020 and rules made there under.
DSC of Employer
FORM-05
[See rule 6 (5)]
Details of inter-state migrants employed/to be employed in an establishment
1.
Name of establishment:
2.
Address of establishment:
3.
Name and address of employer:
4.
Details of inter-state migrant workers
Sr.
No.
Name
Father/ Husband's
name
Permanent Address
Aadhar
Number
Mobile
Number
Town/ Village District
DSC of Employer
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 238
FORM-06
[See rules 7(7) and 8]
Register of Establishments
Sr.
No.
Registration
number and
date
Name
and
address
of the
establish
ment
Name of the
employer
and his
address
Nature of core
activity to be
under taken in
the
establishment
Maxi mum
employees to
be employed.
on any day
Probable date
of
commenceme
nt.
date of
cessation
Remark
s, if any
1
2
3
4
5
6
7
8
9
FORM-07
[See Rule-11]
Notice of Commencement
I, ____________________employer of M/S________________ having registration number
____________________ hereby give a notice of commencement'-- w.e.f _______________.
Name of employer
Digitally/electronically signed
FORM-08
[See Rule-11]
Notice of Cessation
I, ____________________employer of M/S_____________________ having registration
number_______________ hereby submit a notice of cessation w.e.f _________________.
Name of employer
Digitally/electronically signed
FORM-09
(See rule 12)
Health Register
Sr.
No.
Name of
Employ
ee
Date of
Employment
Age Gender Nature of
Job
Date of
Medical
Examinati
on,17
Results of
Medical
examination
Signature of
the qualified
medical
Practitioner
Signature of
employer
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 239
FORM-10
(See rule 14)
Notice of Accident Resulting in death or bodily injury
1
Name of the employer
2
Name and address of the establishment where accident took place?
3
Nature of activity being carried in establishment
4
(a) Branch or Department and exact place where the accident took place.
(b)
Details of contractor, if any
5
Nature of died/Injured person's
(a)
Name
(b)
Address
(c)
Gender
(d)
Age (last birthday)
(e)
Occupation and designation
(8
Whether local or Inter-State
(g)
Whether employee or out-sider
6
Date and time of accident
7
Describe briefly how the accident occurred.
8
Nature and extent of injuries
9
in case the accident happened while traveling in employer's transport state whether:-
(a)
the injured person was travelling as a passenger to or from his place of work.
(b)
the injured person was travelling with the express or implied permission of employer
(c)
The transport is being operated by or on the behalf of the employer or some other person by
whom it is provided in pursuance of arrangement made with employer,
and
(d)
The vehicle being/not being operated in the ordinary course of public transport service
10
In case the accident happened while meeting emergency, state
(a)
its nature
(b)
whether the injured person was at the time of accident was employed for the purpose of and in
connection with employer's trade or business.
11
Name and addresses of witnesses
I certify that to the best of my knowledge and belief the above particulars are correct in every respect.
Signature of employer
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 240
Form-11
(See rule 15)
Notice of Dangerous Occurrence
1.
Name of the employer
2.
Name and address of the establishment where dangerous occurrence took place?
3.
Nature of activity being carried in establishment
4.
(a) Branch or Department and exact place where the dangerous or took place.
(b) Details of contractor, if any
5.
Date and time of dangerous occurrence
6.
Describe briefly how occurred
7.
Details of person/property/fauna-flora affected due to this occurrence
8.
Name and addresses of witnesses
I certify that to the best of my knowledge and belief the above particulars are correct in every respect.
Signature of Employer
FORM 12
(See Rule 16)
Notice of Disease
1.
Name of the
Establishment
2.
Address of the Establishment
3.
Address of employer
4.
Nature of activity being carried out
5.
Particulars of worker/ employee
(a)
Name
(b)
Address
(c)
Gender
(d)
Age
6.
Precise occupation of worker/employee
7.
Nature of disease from which worker/employee is suffering
Signature of employer or Qualified Medical Practitioner
FORM-13
(See rule 17)
Application by employee to Employer
To
The Employer/Safety Officer/Safety Committee
____________________ (Name of establishment)
____________________ (Address of establishment)
Subject: intimation of unsafe/unhealthy situation Sir
[Detail of unsafe/unhealthy situation and proposed suggestions]
Name of Employee & Designation
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 241
FORM-14
(See rule 18)
Action taken report in regard unsafe/unhealthy situation
It is brought to your knowledge that an unsafe/unhealthy situation [details] was brought into notice by
[Name and designation of employee]. The remedial action reports submitted as below:
[ Details of remedial action]
Employer
FORM-15
(See rule 38)
Notice of period of work
Name and Address of
establishment......
Registration No......
Rest day ........
Periods of
work
Total number of men
employed
Total number of women
employed
Nature of work
Remarks
Adolescent
Adult
Adolescent
Adult
FORM -16
[See rule 35, 41, 44(1)]
Muster-Roll
Name and Address of establishment:
Month and year
Periods of work and rest period (time and coding)
Sr
No.
Name Gen
der
Depar
tment
Employee'
s /
adolescent
register
entry
number
Whet
her
local or
Inter-
State
Migran
t
Date
from1st of
month to
last date to
the month
O/T hours Weekly
off
Weekly rest
days lost
due to
exempting
order along
with date of
exemption
order
Date of
compens
atorly
holidays
give n
Lost
rest
days
carried
to next
year
Remarks
1
2
3
4
5
6
7
8
9
10
11
12
13
1
2 31 Daily
O/T
hour s
Week
ly
O/T
hours
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 242
FORM -17
[(See rule 41 (2) (i)]
Attendance Card
1.
Name and address of the establishment
2.
Name of the worker
3.
Father's name
4.
Serial number in Employee's Register.
5.
Designation
Period of Work
Date
From
To
FORM-18
(See rule 42)
Register of Accidents and Dangerous Occurrences
Name and address of establishment:
Date/monthly ear
of
accident
or
Dangerous
occurrence
Date/month/
year of report to
authorities
Description of
accident
or
dangerous
occurrence
Details of
injured/die
d person (if
any)
Date of
return of
Injured
person to
duty
Total
man-
hours lost due
To accident or
dangerous
occurrence
1
2
3
4
5
6
FORM -19
(See rule 43)
Leave with wages register
1
Name of employee
2
Number in Adult/Adolescent Register
3
Date of joining
4
Wage rate
5
Date of resignation/superannuation/dismissal/ death/etc.
6
Total number of days worked during the
calendar year;
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 243
I
January
II
February
III
March
IV
April
V
May
VI
June
VII
July
VIII
August
IX
September
X
October
XI
November
XII
December
7
Leaves earned during the year
8
Balance of leaves from previous year
9
Total number at credit in the end of year
10
Leaves enjoyed during the year
11
Leaves enchased during the year
12
Balance leaves at the end of the year
13
Remarks
FORM -20
(See rule 46)
Name of Authorities
Name of establishment
Address of establishment
Employer's Name
Details of Inspector-cum-Facilitator of the area
Name
Address
Email
Details of medical officer of the area
Name
Address
Email
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 244
FORM-21
(See rule 50)
Annual Return
For the Year ending '"31st December, .......................
1
Registration number of establishment:
2
Name of establishment:
3.
Address of establishment:
4
Name of occupier/Employer
5
Type of establishment:
A.
Factory [ 2w(i)/2w(ii)/81]
B.
Motor transport
C.
Building or Other Construction Work
D.
other
6.
Nature of activity
7
NIC Code
8.
hazardous process : yes or no
9
ownership
(a)
Public sector
(b)
Private sector
(c)
Joint sector
(d)
Co-operative sector
(e)
Proprietorship
(f)
Partnership
(g)
Government department/local authority
(h)
L.L.P.
10.
Is the establishment seasonal?
Particular
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
Adolescent
total
11
No. of days worked in year.
12
(i) No. of Man-days worked during the year
(ii) Average number of employees and workers employed daily (man-days worked divided by days
worked)
Particular
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
Adolescent
Total
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 245
13
Total No. of man-hours worked including overtime but excluding the rest interval
Particular
Male
Female
Total
Adult
Local
Migrant
Local
Migrant
Local
Migrant
Adolescent
14.
Average number of employees and workers per week
15.
In respect of establishments carrying on processes or operation declared dangerous under
furnish the following information.
Name
of
the
dangerous
process
or operation carried
on
Average
number
of
persons employed daily
in each of the process or
operation given
Number of persons
Medically examine
declared unfit
Male
Female
Male
Female
1
2
3
4
5
6
(i)
(ii)
(iii) etc.
16.
In respect of establishments carrying on processes or operation declared hazardous, furnish the
following information.
Name
of
the
dangerous process or
operation carried on
Average number
of
persons
employed daily in
each
of
the
process
or
operation given
Number of persons
Medically examine
declared unfit
Male
Female
Male
Female
1
2
3
4
5
6
(i)
(ii)
(iii) etc
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 246
Leave with wages
Particular
Total
Number of
workers
Number Of
workers
entitled
for
leave
With
wages
Number Of
workers
granted
leave
Number
of
workers
dismissed/died/di
scharged /left the
service
Number
of
workers
in
Respect
of
whom
wages in lieu
of leave were
paid
Adult
Male
Female
Adolescent
Male
Female
Safety officers
Number of safety officer required
Number of safety officer appointed
WELFARE OFFICERS
Number of welfare officer required
Number of welfare officer appointed
Welfare facilities
Shelters or Rest-Rooms or lunch-Rooms
Canteen
Creches
Ambulance Room
ACCIDENTS
Type of accident
Number
of
accident
Man-days lost In case
employee
or
worker
returned to duty during
year in which accident
occurred
Man-days
lost
In
case
employee or worker returned
to duty during succeeding
year
in
which
accident
occurred
Fatal
Non-fatal
Dangerous
occurrence
total
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 247
Certified that the information furnished above is to the best of my knowledge and belief, correct.
Date.......
Signature of the employer
FORM-22
[See rule 53(2)]
Notice of Intention to have sample analyzed
Number:
date:
To,
................................................
................................................
Take notice that it is intended to have analyzed the sample of................................................which has
been taken today,
the .................................................
. .........................................day of.............................20......................... from*
(Name of the Inspector-cum-Facilitator who orders sampling). (Seal)
Date ....................................
FORM-23
[See rule 53(7)]
Report by Laboratory
Report No................................................
Date .........................................
I hereby certify that I ..................................Analyst working in
duly
received on the .....................................day of ................ 20
from
*........................................a sample of
for analysis.
The sample was in a condition fit for analysis as reported below.
I further certify that I have analysed the aforementioned sample on
and
declare that the result of the analysis to be as follows:
The condition of seals, fastening of samples on receipt was as follows: Signed this day
of............................20.........
Address ...............................................
Signature (Laboratory Analyst)
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 248
FORM-24
(See rule 59)
Certificate of Fitness
Certificate Number:
Date:
1.
Name of Adolescent
2.
Father's Name
3.
Address
4.
Gender
5.
Age
6.
Descriptive marks
7.
Remarks
Name and Signature of Medical Officer
FORM-25
[See rule 59(8)]
Register of medical examination of adolescents
S. No.
Name of
Adolescent
Address
Date of
examination
Date of
deposit of
fee
Whether
fit or unfit
Signature of
adolescent
Signature of
medical officer
FORM-26
(See rules 62 and 63)
Application for grant, renewal of license or work specific license for a contractor
(i)
Whether the application is for: (a) grant of license (b) renewal of license (c) work-specific
license
(ii)
Name and address of the contractor
(iii)
Father's name
(iv)
Particulars of establishment where contract labour is to be employed:
(a)
Name and address of the establishment:
(b)
Type of business, trade, industry, manufacture or occupation carried on in the establishment.
(c)
Number & date of Certificate of registration of the establishment under the code.
(d)
Name and address of the Principal Employer:
(iv)
Particulars of the Contract Labour:
(a)
Nature of work in which contract labour is employed or to be employed in the establishment:
(b)
Duration of proposed contract work (give particular of proposed date of commencing & ending)
(c)
Name and
address of
the
authorised
person of
Contractor
at
establishment
(d)
Maximum number of contract labour proposed to be employed in the establishment on any date
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 249
(e)
No.
of inter state migrant workers to be employed: Fill details in Form no. 5 as mentioned
in Rule 6
(v)
Amount and particulars of License fee deposited:
(vi)
Amount and particulars of security deposit, if any, or requested to be adjusted:
Signature of the Applicant-Contractor
FORM-27
[See rules 62(4), 63(2) and 64(3)]
License to contractor
Union Territory Administration of Dadra and Nagar Haveli and Daman Diu
Office of Designated Authority under the Occupational Safety, Health and Working Conditions Code
2020
No: ......................
Date:
.....................Fee paid: .....................
Security deposited .....................
Licence is hereby granted to ...................................................
under Section 47(1)/47(2) of The Occupational Safety, Health And Working Conditions Code 2020
subject to the conditions specified in annexure.
2.
This licence is for doing the work of ................................................
in the establishment
M/S ...........................................
3.
The
number of
workmen
employed,
as
contract labour in
the
establishment
shall not, on any day, exceed ..........
4.
This licence shall remain in force till
31.12.20 ...
Place:
Date:
FORM-28
(See Rule 64)
Application for amendment of licence for a contractor
(i)
Name and address of the contractor
(ii)
License number:
(iii)
Particulars of amendment:
(a)
Name
(b)
address :
(c)
Number of contractor labour to be employed/supplied
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 250
(d)
No. of inter state migrant workers to be employed : Fill details in Form no. Sas mentioned in
Rule 6
(e)
Nature of work for contractor labour to be employed/supplied
(iv)
Amount of additional Licence fee deposited:
(v)
Amount of additional security:
Signature of the Applicant-Contractor
FORM-29
[See Rule-67]
Register of Contractors
Sr.
No
License
number
and date
Name and
address 01
the
Contractor
s
Name and
address of
The
Contractors
Nature
activity to
be under
taken by the
contractor
Maximum
Workers
to be
employed
on any day
Probable
date of
commencem
ent
date of
cessation
Details of
amendment
If any
Renewed up
to
1
2
3
4
5
6
7
8
9
10
FORM-30
(See rule 68)
Notice of intimation of work-order by contractor
I, Mr. / Ms. …………………………………………………….. (Name of Contractor) hereby
intimate that a work order to supply labour / execute work has been received from the establishment
(Name and address of establishment which issued work order) and work shall commence from
………………………………………………………………………….
Details of the Establishment / Factory which issued work order
1. Name and Address of the establishment of Principal
Employer which issued work order
2.
No. and Date of certificate of registration
3.
Name and Designation of Principal Employer (Who has
ultimate control over the affairs of the establishment)
4.
Nature of process, operation or work for which
Establishment is engaged
Details of the Contractor
1.
Licence Number
2.
Date of Issue of Licence
3.
Name & Address of the establishment / agency of the
Contractor
4.
Maximum number of contract labours permitted to engage
under the licence
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 251
5.
No. of the contract labours employed under the work order
for which intimation is given
6.
Nature of process, operation of work, for which contract
labour deployed
7.
Date of commencement of the work
I / We hereby declare that the particulars given above are true to the best of my knowledge and belief.
Signature of the Contractor / Manager / Authorized person.
FORM-30A
(See rule 68)
INTIMATIN RECEIPT
The contractor Mr. / Ms. …………………………………………..has intimated the receipt of contract
work order, the details thereof are as follows: –
Details of the Establishment / Factory which issued work order
1.
Name and Address of the establishment of Principal
Employer which issued work order
2.
No. and Date of certificate of registration
3.
Name and Designation of Principal Employer (Who has
ultimate control over the affairs of the establishment)
4.
Nature of process, operation or work for which
Establishment is engaged
Details of the Contractor
1.
Licence Number
2.
Date of Issue of Licence
3.
Name & Address of the establishment / agency of the
Contractor
4.
Maximum number of contract labours permitted to engage
under the licence
5.
No. of the contract labours employed under the work order
for which intimation is given
6.
Nature of process, operation of work, for which contract
labour deployed
7.
Date of commencement of the work
(Note: -This is an electronically generated receipt, hence does not required signature.)
Date:
Place: Office Address.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 252
FORM-31
(See rules 70 and 73)
Register of Security Deposit / Refund / Release
S. No
Name and
Address of
the contractor
Amount of
security
deposited
Date of
security
deposit
Amount released
from security
deposit for
payment
Reference of order
of authority for
release of
payment from
security
deposit
Remarks
1
2
3
4
5
6
7
FORM-32
[See rule 75(1)]
Application under section 57(2)
a.
Name of aggrieved party:
b.
Address of communication:
c.
Details of grievance:
d.
Reasons of claim:
e.
Details of documents attached:
FORM-33
[See Rule 76(2)]
Register of Journey Allowance
Name and Address of establishment:
Establishment registration number:
Sr. No. Nam e of
inter-state
work er
Entryz in
Employee's
Register/
adolescent
worker register
Permanent
address of
inter-state
worker
Period of
journey
Number of
family
members
Mode of
journey
Amount
paid
Signature of
inter-state
worker
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 253
FORM – 34
(See rule 79)
Form of agreement
This agreement is made on this ………………. Of ………………. 20 ………………. between
Messers ………………. having office at (a sole proprietary concern/a firm registered under the
Partnership Act, 1932/a Company incorporated and registered under the Companies Act, 1956)
(hereinafter referred to as the "Producer") on
the
first
part
and
Shri/
Kumari
………………. son/daughter/wife of Shri residing at……………….
(hereinafter referred
to as the "Audio Visual Worker") on the second part. The terms 'Producer' and ' Audio Visual Worker'
shall include their heirs, successors, administrators and legal representatives:
Whereas the Producer is engaged in the audio visual production as defined in section 2(e) of The
Occupational Safety, Health And Other Working Conditions Code 2020.
Whereas the said producer is desirous to engage the Audio Visual Worker in the capacity of a
………………. in the aforesaid Audio Visual production and the Audio Visual Worker accepts the
same :
Now, therefore this agreement is made as follows:
1.
That both the parties agree that the duration of this agreement shall be form the date hereof till
the completion of the Audio Visual production and this period shall not exceed consecutive months.
2.
That the Audio Visual worker agrees to attend studio, location or work place, as the case may
be, subject to the requirement of his previous engagement and on his confirmation, to his respective job
punctually as and when he shall be required by a written intimation by the Producer or the person duly
authorised by him in writing.
3.
That
inconsideration of
the
Audio Visual Workers'
services,
as
aforesaid, the Producer agrees to pay and the Audio Visual Worker agrees to receive a sum of Rs
………………. _ (Rupees....)
payable as
advance
on signing of this agreement and the
balance of Rs…………….payable in
equal instalments.
4.
That in the event of the Audio Visual production being not complete within the stipulated period
and the Producer still needing the services of the Audio Visual Worker to complete the film, the
producer agrees to pay and the Audio Visual Worker agrees to receive additional remuneration on pro-
rata basis, payable in the same manner as stated in Clause 3 above, till the completion of the Audio
Visual production.
5.
That in case the assignment of the Audio Visual worker is completed earlier that the period
stipulated in Clauses 1 and 4 above, the producer shall settle the account of the Audio Visual Worker
and pay the remaining balance of the agreement amount in full before the commencement of re-
recording work/censor of the Audio Visual production, whichever is earlier.
6.
It is agreed by the Producer that for the purposes of this agreement,
(a)
a working day shall mean a period not exceeding eight consecutive hours (to include one hours'
break for rest and refreshments) ;
(b)
a working week shall mean a six-day week from Monday to Saturday, both inclusive, and the
Audio Visual Worker is not liable to work on Sundays and Public Holidays :
(c)
the Audio Visual worker shall not be required to work for more than five consecutive hours
without a break ; and
(d)
a period of not less than twelve hours shall elapse between the Audio Visual Worker's release
from the studio/location/work-place and the next succeeding call.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 254
7.
That the Audio Visual Worker shall, if so required,-
(a)
attend the studios, location or work-place, as the case may be, earlier than a scheduled time of
the shift, for preparatory work, and in that case, he/she shall be paid by the Producer extra wages at the
rate of Rs.... per hour or part thereof for such early attendance.
(b)
continue to work beyond the working day, with one hour break and in that case, he/she shall
be paid by the Producer extra wages at the rate of Rs
for the work during
the extended hours and refreshments, and transport facilities.
8.
That the Producer shall provide transport and food or pay travelling allowances to and fro to
report to duty and food allowance while on duty as are customary or fixed by bilateral arrangements
between the Producer's and Audio Visual Worker's representative organizations.
9.
That the Producer shall also pay for all travelling and accommodation expenses, fares, cost of
food and such other allowances as are customary when the Audio Visual Worker is required to work on
location outdoors.
10.
That the Producer shall get the Audio Visual Worker insured for any injury or damage to his/her
person including death caused by accident arising out of or in the course of his/her employment and/or
during the period of his/her assignment under this agreement.
11.
That where the Producer is prevented from proceeding with the production of the Audio Visual
by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his
control :-
(a)
he shall be entitled to suspend the operation of this agreement during the period of suspension
of production in case the production is suspended. The producer shall serve notice in writing of such
suspension on the Audio Visual Worker and shall pay all his/her dues up to the date of service of such
notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the
period stipulated in Clause I excluding the period of suspension therefrom ; or
(bl he shall be entitled to terminate this agreement as from the cessation of production, in case the
production ceases completely. The producer shall serve a notice in writing of such cessation on the
Audio Visual Worker and make payment of all the amount due to the Audio Visual Worker at the time
of termination.
12.
That in case if the Producer desires to terminate this agreement before the expiry of its term for
reasons other than misconduct in relation to performance of the Audio Visual Worker's duties or of
his/her unwillingness to perform the services required under this agreement, the producer shall be
entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after
such payment to the Audio Visual Worker, the Producer shall be titled to employ another Audio Visual
Worker in his/her place.
13.
That the Producer shall have the right to terminate this agreement on ground of misconduct on
the part of the Audio Visual worker in relation to performance of his/her duties or his/her unwillingness
to perform the service required under the agreement, upon payment to the Audio Visual worker of the
amount due at the time of termination, calculated taking into consideration the Audio Visual worker's
total work in the film and the work he/she has completed till the date of termination of this agreement.
Termination under this clause shall not be made unless the charges of the Producer against the Audio
Visual worker are proved before a forum comprising equal number of representatives of the Producers'
Organisation and the Audio Visual workers' Organisation to which the Producer and the Audio Visual
worker respectively may belong. The decision of the forum shall be binding on both the parties. The
producer can engage another Audio Visual worker for the job towards this agreement only after the
forum has given a decision in favour of such termination and the Audio Visual worker has been paid
all his dues.
14.
That in case of premature termination of this agreement, it shall be the option of the Producer
whether or not to retain the work of the Audio Visual worker in the film and at the same time, it shall
be option of the Audio Visual worker whether or notto allow his/her name to go on the credit titles of
the Audio Visual production.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 255
15.
That the Producer shall have the right to decide the manner of representing the Audio Visual
Worker's personality on the screen, his/her clothes, make-up and hair- style and the Audio Visual
Worker shall fully and willingly comply with the direction of the Producer in this regard, provided that
the requirements of the Producer in this respect have been notified to the Audio Visual Worker and
accepted by him/her.
16.
That the Audio Visual Worker agrees that he/she shall render his/her services to the best of
his/her ability in such manner as the Producer or, at his instance, the Director of the Audio Visual
production may direct and shall comply with all reasonable instructions that he may give for the
production of the Audio Visual production.
17.
That the Audio Visual -worker shall comply with all the regulations of the studio, location or
work place as the case may be.
18.
That the Producer shall not without the consent in writing of the Audio Visual Worker, assign
or transfer the benefit of this agreement to any other person.
19.
That the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952
shall be applicable to this agreement.
20.
That the Producer shall not utilise the work of the Audio Visual worker in any of Audio Visual
production, other than the Audio Visual production under this agreement, without prior permission of
the Audio Visual worker.
The parties have put their hands to this agreement on the date, month and year said above in the presence
of each other and in the presence of the witnesses.
1.
Witness
Producer
Name
Address
2.
Witness
Audio Visual Worker
Name
Address
FORM-35
[See rule 86(4)]
Application for Permission to Construct/ Addition / Alteration / Erection / Take into use any
premises as a factory
hereby submit the application for [construction/ addition/ alteration/ erection/ take into use [[tick which
applicable] any premises as a factory as below;
1.
(a) Name of the applicant
(b)
Address of the applicant
(c)
Applicant's calling in relation to factory
2.
Full name of the factory
3.
Location of factory
(A)
Name of Village/City, Tehsil & Distt.
(B)
If in village then Khasra Numbers
(C)
If in city then Street/Mohalla/Colony/Bazzar/Road/ward number
(D)
If in industrial focal point/industrial park then plot number
(E)
If above or below the ground level then floor on which it is situated
Signature of the applicant
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 256
FORM-36
[see rule 86(4) (c)]
Particulars of Rooms
Name and Address of the Factory
Name of floors:
Whether having basement
Name/
Number
of
room(as
in
plans)
Length
(X-axis
Coordinat
e)
Breadth (Y-
axis
Coordinate)
Height
(Z-axis
Coordinate\
Area
Area occupied
by machinery /
other fixtures
Volume
Maxi-
mum
Minimum
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Breathing
space
Ventila
te on
Lighting
level
(in
lux)
Maximum
capacity
of
room
(persons)
Number
of
persons likely
to
be
employed in
room
Purpose for
room to be
used
Construction
Period
Remarks
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
FORM 37
(See rule 88)
Stability Certificate
1.
Name of the factory
2.
Address of factory
3.
Name of occupier of the factory
4.
Nature of manufacturing process to be carried on in the factory
5.
Number of floors of the factory
I certify that I have inspected the building / buildings, the plans of which have been approved by the
Chief Inspector-cum-Facilitator vide letter No. .... Dated and examined the various parts including the
foundations with special reference to the machinery, plant, etc. that have been installed. I am of the
opinion that the building / buildings which has / have constructed / reconstructed / extended / taken into
use is / are in accordance with the plans approved by the Chief Inspector vide his letter mentioned
above, that it / they is / are structurally sound and that is / their use as a factory / part of the factory for
the manufacturer of ...... for which the machinery, plant etc. installed is intended. The building is safe
against various loads, forces and effects due to process to be carried out in the factory or due to natural
forces.
Signature of competent person and date Name of competent person
Address of
competent person
Signature of Occupier and date
Name of Occupier
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 257
FORM-38
(See rule 92) Register of Building Plans of
Factories
Sr.No
.
Name
and
Address
of
Factory
Date
of
submission
Date of
Date of
amend
ment
Date
of
refusal
Date
of
return
Processing fee
Remarks
Regular
approval
Deemed
approval
amount
date
Form 39
(See rule 105)
Monthly Return
Return for the month ending on............................................
Name of the factory ........................................................
Address of the factory........................... License Number. .........................................
Name of the hazardous process/dangerous operation undertaken ..................
Number of
Workers/empl
oyees
normally
employed
during the
month
Number of
Workers/em
ployees
employed in
the
hazardous
manufacturi
ng process
Date of
examination of
the
worker/employe
es engaged in
the dangerous
operation
Name and
address of
the
examining
medical
officer
Number of
workers/em
ployees
examined
Number of
workers/e
mployees
declared fit
Number of
workers/em
ployees
declared
unfit with
details
Details of
alternative
work given to
workers/emplo
yees who have
declared unfit
1
2
3
4
5
6
7
8
FORM-40
(See rules 105,116,141)
CERTIFICATE OF FITRNESS FOR HAZARDOUS OR PROCESS DANGERIOUS
OPERATIONS
1.
Serial No. …………………………………..
2.
I certify that I have personally examined………………………………..(name of person
examined) having serial Number…………..(in Adult Worker Register) who is desirous of being
employed in
(hazardous process / dangerous operation) in factory
3.
He is fit to be employed
4.
He may be produced for further examination after a period of
5.
He has gone undergone following tests/ examinations:-
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 258
Sr. No.
Name of test/ examination Remarks
6.
Remarks of medical officer :
Name and signature of medical officer
FORM-41
[See Rule-105, 116,141]
Health Register
Sr.No
.
Na
me
of
wor
ker
Serial
Number
in
employ
ee's
register
sex ag
e
Date of
Emplo
y men!
on
present
work
Date of
leaving
or
Transfer
red to
other
work
Reason
for
leaving
Trans
fer or
dischar
ge
Nature
of job
or
occupat
ion
Date of
medical
examina
tion by
medical
officer
Results
of
medical
examina
tion
If
suspend
ed from
work,
state
period
of
suspensi
on with
detailed
reasons
Recertif
ied fit
to
resume
duty on
(with
signatur
e of
medical
officer)
If
certifyin
g of
unfitnes
s or
suspensi
on
issued
to
worker
Signa
lure
with
date of
medic
al
officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
FORM-42
(See rule 105)
Examination of ventilation/exhaust system
1 Description of ventilation/exhaust system 2 Hood
(a)
Serial No. of Hood.
(b)
Contaminant captured.
(c)
Capture velocities (at points to be specified).
(d)
Volume exhausted at Hood.
(e)
Hood static pressure Design Actual Value
3
Total pressure drop at
(a)
Joints
(b)
Other points of system (to be specified)
4
Transport Velocity in Duct (at points alone dust to be specified)
5
Air cleaning Device.
(a)
Type used.
(b)
Velocity at inlet.
(c)
Static Pressure at inlet.
(d)
Velocity at outlet.
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 259
(e)
State Pressure at outlet.
6
Fan
(a)
Type used.
(b)
Volume handled.
(c)
Static pressure.
(d)
Pressure drop at outlet of fan.
7
Fan Motor. (a) Type
(b)
Speed and horse Power.
8
Particulars of defects, if any, disclosed during test in any of the above components.
I certify that on this............day of...................the above dust extraction system was thoroughly cleaned
and (so far as its construction permits) made accessible for thorough examination. I further certify that
on the said date, I thoroughly examined the above dust extraction system including its components and
that the above is a true report of my examination.
Name and signature of competent person
FORM-43
(See rule 106)
APPLICATION FOR THE SITE APPRAISAL COMMITTEE
1.
Name and address of the applicant.
2.
Site Ownership Data:
(1)
Revenue details of the site such as Khasra No. , Plot No.
(2)
Local authority under whose jurisdiction the site is located.
3.
Site plan with clear identification of boundaries and total area proposed to be occupied and
showing details nearby the proposed site
(a)
Name of adjoining manufacturing units and human habits, educational and training institutions,
petrol installations, storages liquefied Petroleum Gas and other hazardous substances, if any, within one
kilometre from the proposed unit.
(b)
Water sources (rivers, streams, canal dams, water filtration plants) in the vicinity.
(c)
Nearest hospitals, Fire-stations, Civil Defence Stations and Police Station and their distances.
(d)
Details of high tension electrical transmission lines, pipe lines for oil, gas sewerage, if any,
passing through the site, and
(e)
Location of railway stations, railway lines, Scheduled road, byepass, if any near the site.
4
Project Report.
(1)
A summary of the salient features of Project.
(2)
Maximum number of persons like be working in the factory.
(3)
Maximum amount of power and requirements and source of supply.
(4)
Details of housing colony, hospital, school and other infrastructural facilities proposed.
5.
Organisation structure of the proposed manufacturing unit/factory :
6.
Manufacturing Process Information :
(1)
Process flow diagrams.
(2)
Brief write up on process and technology; and
(3)
Critical Process parameters such as pressure build-up, temperature rise and run-away reaction.
7.
Information of Hazardous Materials:
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 260
(1)
Raw materials, intermediates, products and bye products and their quantities (enclosed
Material Safety Data Sheet in respect of each hazardous substances).
(2)
Main
and
intermediate
storages
proposed
far
raw
material
/intermediates/products/Bye Products (maximum quantities to be stored at any time)
(3)
Transportation methods to be used for materials in flow and out flow, their quantities to be
stored at any time ; and
(4)
Safety measures proposed for:
-----handing of materials.
-----internal and external transportation, and
-----disposal (packing and forwarding of finished products).
8.
Information of Dispersal/Disposal of wastes and pollutants ;
9.
Process Hazards Information :
(1)
Enclose a copy of the report on environmental impact assessment.
(2)
Enclosed a copy of the report an Risk Assessment Study : and
10.
Information of proposed Safety and Occupational Health Measure ;
11.
Any other Information:
I certify that the information furnished above is correct to the best of my knowledge and nothing has
been concealed while furnishing it.
Signature Date Designation
FORM-44
(See rules 108, 109 and 110)
Material Safety Data Sheet
1.
CHEMICAL IDENTITY
(i)
Chemical Name
(ii)
Chemical Classification
(iii)
Synonyms Trade Name
(iv)
Formula
(v)
C.A.S. No.
(vi)
U.N. No.
2.
PHYSICAL AND CHEMICAL DATA:
(i)
Boiling Range/Point oC
(ii)
Physical State Appearance
(iii)
Melting Freezing Point oC
(iv)
Vapour Pressure Odour at 350 C mm Hg
(v)
Vapour Density (Air-I) Solubility in Water at 300 C Others
(vi)
Specific Gravity Water-1
3.
FIRE AND EXPLOSION HAZARD DATA:
(i)
Flammability Yes/No
(ii)
LEL %
(iii)
UEL
%
(iv)
Flash Point 0C
(v)
Autoignition Temperature
(vi)
TOG
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 261
(vii)
Explosive
(viii)
Sensitivity to impact
(ix)
Explosion Sensivity to Static Electricity
(x)
Hazardous Combustion Products
(xi)
Hazardous Polymerisation
(xii)
Combustible Liquid
(xiii)
Corrosion Material
(xiv)
Flammable Material Oxidiser Others Pyrophoric Material Organic Peroxide
4.
REACTIVITY DATA :
(i)
Chemical Stability
(ii)
Incompatibility With other Material
(iii)
Reactivity
(iv)
Hazardous Reaction Products
5.
HEALTH HAZARD DATA:
(i)
Routes of Entry
(ii)
Effects of Exposure / Symptoms
(iii)
Emergency Treatment
(iv)
ILV (ACGIH) ppm mg/m3
(v)
STEL ppm mg/m3
(vi)
Permissible Exposure Limit Id ppm mg/m3 Odour Threshold ppm mg/m3 SOLD 50 NFPA
Hazards Signals Health Flammability Stability
Special
6.
PREVENTIVE MEASURES:
(i)
Personnel Protective Equipment
(ii)
Heading and Storage
(iii)
Precautions
7.
EMERGENCY AND FIRST AID MEASURE:
(i)
FIRE EXTINGUISHING Media
(ii)
FIRE Special Procedures
(iii)
Unusual Hazards
(iv)
First - Aid Measures
(v)
EXPOSURE
(vi)
Antidotes/Des ages
(vii)
Steps to be taken SPILLS
(viii)
Waste Disposal Method
8.
ADDITIONAL INFORMATION OR REFERENCE :
9.
MANUFACTURE AND SUPPLIERS DATA:
(i)
Name of Firm
(ii)
Mailing Address
(iii)
Telephone I Telex Contact person
(iv)
Nos. Telegraphic in Emergency
(v)
Address
(vi)
Local Bodies involved
(vii)
Standard Packing
(viii)
Trameard Detail of reference
(ix)
Others
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 262
10.
DISCLAIMER:- Information contained in this material data sheet is believed to be reliable but
no representation guarantee or warranties of any kind are made as to its accuracy, suitability for a
particular application or results to be obtained from them. It is up to the manufacturer / seller to ensure
that the information contained in the material safety data sheet is relevant to the product manufacture
handled or sold by him as the case may be. The Government makes, no warranties expressed or implied
in respect of the adequacy of this document for any particular purpose.
FORM-45
(See rule 123)
Application to appropriate authority under section 90
a.
Name of occupier or manager:
b.
Name and Address of factory:
c.
Details of grievance:
d.
Reasons of claim:
e.
Details of documents attached:
Name and signature of occupier/manager
FORM-46
(See rule 145)
Penalty Register
For the month of.......................................(Name of month with year) (Address of office)
Sr.
No.
Name
and
address
of
person
on
whom
penalty
impose
d
Name and
address of
establishment
in relation to
person on
whom penalty
imposed
Date and
number of
reference of
imposing
penalty
Offenc
es for
which
penalty
impose
d
Amount
of
penalty
Date of
deposit
Whether
appeal
preferred
Signature
of officer
imposing
penalty
Remarks
1
2
3
4
5
6
7
8
9
10
i)
Total penalty collected at the end of month:
ii)
Details of transfer of amount to fund:
iii)
Date:
iv)
Amount:
v)
Bank details of transfer:
Signature and seal of office
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 263
FORM-47
(See rule 146)
Performa for Appeal before the Appellate Authority against
Order of Imposing Penalty
To,
Appellate Authority
(Under Section 111 (2) of the Code)
Sir,
I undersigned with following details prefer an appeal against order of (details of officer imposing
penalty) under section 111 (2) of the Occupational Safety, Health and Working Conditions Code 2020.
1.
Name and address of the establishment.
2.
Name of the person preferring appeal and address details
3.
Amount of penalty imposed by the officer.
4.
Ground for Appeal with supporting documents Declaration
I/We hear by declare that the particulars given above are true to the best of my/our knowledge and belief
and I/We hereby declare that nothing has been concealed or any fact has been mis-represented in the
above calculation made by me/us.
Signature of person preferring appeal Name: Date:
Place:
Mobile Number:
E-mail (if any):
FORM-48
[See rule 147(2)]
APPLICATION UNDER SUB-SECTION (1) OF SECTION 114 FOR
COMPOSITION OF OFFENCE
To,
The authorized officer
[under section 114(1)]
1.
Name of applicant…………………………………………………………………
2.
Father's / Husband's name of the applicant ……………………………………
3.
Address of the applicant. ………………………………………………………
4.
Name and Address of establishment in relation to applicant…………………
5.
Particulars of the offence………………………………………………………
6.
Section of the Code under which the offence is committed…………………………..
7.
Maximum fine provided for the offence under the Code……………………………
8.
Whether prosecution against the applicant is pending or not……………………
9. Whether the offence is first offence or the applicant had committed any other offence prior to the
offence, if had committed, then, full detail of the offence
…………………………………………………………………………………
10.
Any other information which the applicant desires to provide
…………………………………………………………………………………
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 264
Applicant
(Name and signature)
Dated
FORM-49
[See rule 147(6)]
Compounding/Composition Register(Address of office)
For the month of... (Name of month with year)
Sr.
No.
Name and
address of
person of
whom
offence
compound
ed
Name and
address of
establishment
in relation to
person of
whom offence
compounded
Date and
number of
reference
of
compositio
n/
compound
ing
Offences
which are
compound
ed
Amount
Of
Penalty
Date of
deposit
Whet her
appeal
prefer ed
Sign
ature
of
offic
er
Remarks
1
2
3
4
5
6
7
8
9
10
(a)
Total penalty collected at the end of month:
(b)
Details of transfer of amount to fund:
(i)
Date:
(ii)
Amount:
(iii)
Bank details of transfer:
Signature and Seal of Officer
FORM-50
(See rule 148)
Record of Social Security Fund
Sr.
No.
Amount
received
for
fund
Source from
received
Date
of
received
Details of credit to the Union Territory
Administration of Dadra and Nagar Haveli and
Daman Diu Unorganized Workers Welfare
Board
Amount
Date
Bank details
1
2
3
4
5
6
7
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 265
FORM-51
(See rules 82,84,96,97,98,99,149)
Application for grant/ renewal/ amendment/ transfer of license as a factory/industrial premises
for beedi or cigar/engagement of contractor
1.
Application for license -
(a)
as a factory
(b)
for engagement of contractor
(c)
Industrial premises for beedi and cigar work
2.
Full name and postal address of the establishment
3.
Registration of establishment under the Code:
4.
Details of person who will be occupier/principal employer
(a)
Name
(b)
Permanent address
(c)
Local address
(d)
Email
(e)
Mobile number
5.
Full name and address of the owner of the Premises or building (including the percents thereof)
6.
Core activity to be under taken along with details of hazardoussubstances as per section 2(za)
of the Code.
7.
NIC code
8.
(a) Total Number Employees and Workers to be employed in the period oflicense
(b)Total Number Employees and Workers were employed during lastcalendar year
9.
Particulars of Contract Labour:
(a)
Nature of work in which contract labour is employed or to be employed:
(b)
Maximum number of contract labour to be Employed on any day:
(c)
Number of Inter-State Migrants(Fill details in Form no. 5 as mentioned in Rule 6)
(d)
Estimated date of commencement of each Contract work under each contractor:
(e)
Estimated date of termination of employment of contract labour undereach contractor:
10.
Power:
Connected or proposed to be connected (in KW)
11.
Furnish Reference:
(a)
approval of plans
(b)
stability certificate
(c)
disposal of trade waste / effluents / hazardous waste / e-waste / biomedical waste (which is
applicable)
12.
Details of fee
Sr.No
Particular
Amount
Date
a
Factory
b
Engagement
of contractor
c
Industrial premises
DSC of Employer/Occupier
EXTRAORDINARY No. 51 THE GAZETTE OF DNH & DD
Page 266
FORM-52
(See rules 82,96 and 149)
Common Licencse For Factory/Beedi & Cigar Work/Engaging Contract Labour
Administration of Dadra and Nagar Haveli and Daman Diu
Office of designated authority under section 119 of The Occupational Safety, Health And Working
Conditions Code 2020
License number:
Date of issue:
A license is granted to Shri..................................(Name of Occupier) of establishment
M/S...................................registered under the section-3 of the code having registration number
………………….as below;
A. To run as a factory in which manufacturing process.............. shall be carried by employing not more
than...... workers and power not more than........... KW for the purpose of The Occupational Safety,
Health And Working Conditions Code 2020 and rules made there under and whose plans are approved
by Chief Inspector-cum-Facilitator vide number. date…………This license will remain in force
from............ till........... Fee................Date of deposit. .................
B.
Engagement
of
contract labour subject to the conditions annexed to this license as
given below;
Fee ............. Date of deposit.............
1
Maximum number of employees and workers to be
employed as contractor labour
2
Nature of activity for
which contractor labour shall be engaged
C.
To use as a industrial premises to carry work of beedi or cigar by employing not more
than.........workers for the purpose of The Occupational Safety, Health And Working Conditions Code
2020 and rules made there under and whose plans are approved by Chief Inspector-cum-Facilitator vide
number ..........date......... .
This license will remain in force from.........till......... Fee..................date of deposit. ............
Name and DSC of designated authority /
Secretary Labour ( DNH & DD)
By Order and in the name of the Administrator of Dadra
and Nagar Havel and Daman & Diu
Sd/–
(Aarti Agarwal)
Deputy Director-cum-Deputy Secretary (Labour)
DNH & DD
***
Published by : e-gazette, Department of Planning & Statistics, DNH & DD.