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असाधारण
EXTRAORDINARY
Ĥाͬधकार से Ĥकाͧशत
PUBLISHED BY AUTHORITY
Part II - Section 3
केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन
ADMINISTRATION OF UNION TERRITORY OF LADAKH
LABOUR DEPARTMENT
NOTIFICATION
Ladakh, the 25th of April, 2022
S.O. 65: The following draft rules, which the Administration of Union Territory
of Ladakh proposes 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—
1. The Jammu and Kashmir Building and Other Construction Workers
(Regulation Employment and Condition of Services) Rules, 2006 ;
2. The Jammu and Kashmir Factories Rules, 1972 ;
3. The Contract Labour (Regulation and Abolition) Jammu and Kashmir
Rules, 1972 ;
लɮदाख, 07 जून, 2022
LADAKH, TUESDAY, JUNE, 07, 2022
भारतसरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-09062022-1124
SG-LD-E-09062022-1124
4. The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of
Service) Jammu and Kashmir Rules, 1984 ;
5. The Jammu and Kashmir Motor Transport Workers Rules, 1972,
except in respect of things done or omitted to be done before such
supersession, are hereby notified as required by subsection (1) of section 133
and sub-section (1) of 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 45 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 Secretary, Labour and
Employment Department, Administration of Union Territory of Ladakh, Civil
Secretariat, Leh (e-mail : [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 or
organization with respect to the said draft notification before expiry of a
period of 45 days, specified above, will be considered by the Administration of
UT Ladakh.
DRAFT RULES
CHAPTER-I PRELIMINARY
1. Short title, extent and commencement. - (1) These
rules may be called as the Ladakh Occupational
Safety, Health and Working Conditions Rules, 2022.
(2) They shall extend to whole of Union territory of Ladakh.
(3) They shall come into force on and with effect from the
date on which Code shall be enforced by Central
Government by notification in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) "Appendix" means an appendix appended to these rules;
(b) “ Administration” means the Administration of Union Territory of
Ladakh.
(c) "Code" means the Occupational Safety, Health and Working
Conditions Code, 2020
(d) “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 Union
Territory of Ladakh.
(e) “designated authority” means an authority notified by
Administration of Union Territory of Ladakh under
section 119 of the Code;
(f) “electronically” means any information submitted by email or
uploaded on the
portal or making digital payment through any mode for the purposes of Code;
(g) "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;
(h) "Form" means the form appended to these rules;
(i)
“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;
(j)
"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;
(k) “medium enterprise” means an enterprise as defined in clause (g) of
section 2 of
the Micro, Small and Medium Enterprises Development Act, 2006
(l)
“micro enterprise” means an enterprise as defined in clause (h) of
section 2 of the
Micro, Small and Medium Enterprises Development Act, 2006
(m) “portal” means the website of the Labour Department,
Union territory of Ladakh for delivering services under
the Code and the rules made thereunder;
(n) “recognized university or institution” means,-
(a) any University, incorporated by law, by the Central or any
Union territory of Ladakh; or
(b) (b) any other University or institution which is declared by the
Administration of Union Territory of Ladakh to be a recognized
University or institution for the purposes of these rules
(o) “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;
(p) “registering officer” means an officer appointed under section 3 of
the Code;
(q) “Schedule” means the Schedule appended to these rules;
(r)
“section” means the section of the Code;
(s)
“small enterprise” means an enterprise as defined
in clause (m) of section 2 of the Micro, Small
and Medium Enterprises Development Act,
2006
(t)
“wages” means the wages as defined in clause (y) of section 2 of the
Code on
Wages, 2019; and
(u) “year” means the period of twelve months
beginning from the 1st day of January in
any year.
(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.- For the purposes of clause (x)
of sub-section 1 of section 2, the criteria for income from
such sources means the income for the dependents as per the
Central Civil Services (Leave Travel Concession) Rules,
1988 as amended from time to time.
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 experience and
knowledgeable:
Provided further that where it is proposed to recognise
a person employed under the Chief Inspector-cum-Facilitator
as a ‘competent person’, concurrence of the Administration of
Union Territory of Ladakh shall be obtained and such a person
after being so recognised, 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
Administration of Union Territory of Ladakh 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.
SCHEDULE
[Rule 4]
Seri
a l
No.
Purpose for
which
competency
required
Qualifications
Experience
Facilities at
disposal
1.
Preparation
of
plans of buildings
or
structure
to
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 fro m
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
recognised
university; and
(d) 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.
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
(j) 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.
(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
(iii) an ability to arrive at
a
reliable
conclusion
with
regard
to
the
safety of the structure
or the building.
Must have
laboratory
fully
equipped
with
instrument
s required
for Non-
Destructiv
e Test,
Compressi
on test,
Vibration
test,
Live/Dead
load test,
Estimation
of age of
structure,
Measuring,
Weighing.
This
laboratory
should be
accredited
with
National
Accreditati
o n Board
for Testing
and
Calibration
laboratorie
s. Or Must
have
empaneled
any such
laboratory.
3.
Plant/Machinery/
Equipment under
Schedule VIII,
XVII, XXXII, XXXIII
& XXXV rule 105
framed under
section-82 and
standard framed
under Schedule II
of the Code
or
any other
standards framed
by
Central
Government or
Administration of
Union Territory
of Ladakh from
time to time.
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 operation
or maintenance of
concerned
Plant/Machinery/Equip
men t 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 guards
Gauges
for
measureme
nt and
instrument
s for
measureme
nt of speed
and any
other
equipment
or device
to
determine
the safety
in the use
of
the
dangerous
machine.
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
possesses
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) 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
Metallurgical 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 lifting
tackles. Provided
that
experience for those
who
possesses
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.
(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
Bachelor`s
Degree in
Chemical or
Mechanical or
Metallurgical or
Production
Engineering 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)
testing, examination
and
inspection
procedure of pressure
plants.
Provided
that
experience
for
those
who possesses 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 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
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. Provided
that
experience for
those who
possesses
masters degree shall
be minimum of seven
years.
(ii) should be
(a)
Be
conversant
with
the
hazardous
properties of chemicals
and their permissible
limit values;
(b)
Be 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,
instrument
s and
devic
es duly
calibrated
and
certified for
carrying
out the test
and
certificatio
n of safety
in working
in
confined
spaces.
8.
Ventilation
system as
required under
various
schedules
framed under
Section-82 of
the Code.
Bachelor`s
Degree in
Chemical or
Mechanical
Engineering
its
equivalent
from
recognized
university.
(i) a 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
(iv) conclusion with regard to
effectiveness of the system
facilities for testing
the ventilating
system instrument
s and gauges for
testing the
Effectiveness of
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.
9.
Plant/Machinery/
Equipment unde r
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 a minimum period of ten
years in:-
(c) design or operation or
maintenance of concerned
Plant/Machinery/Equip men t
or
(d)
testing, examination
and inspection of
relevant machinery, their
guards, safety
devices
and appliances.
(ii) Should :-
(d)
be conversant with safety
devices
and
their
proper
functioning
(e)
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
(f) have ability to arrive at a
reliable
conclusion
with
regard
to
proper functioning of safety
devices,
appliances
and
machine guards
Gauges for
measureme nt and
instrument s for
measureme nt 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 regards the competence and facilities
available at the disposal of the applicant, may recognise 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.
(11) Following leading technical Institutions in the UT of Ladakh having Civil
(Diploma) or Structural Engineering courses shall be the competent person for the
purpose of certification of buildings and their stability to be used as Factory ,
namely:-
(i) Government Polytechnic College, Leh
(ii) Government Polytechnic College, Kargil; and
(iii) any other institute, having courses in Civil or Structural Engineering and
approved by AICTE, as may be notified by the Administration of Union Territory of
Ladakh.
(12) 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 application referred to in sub- section
(1) of section (3) of the Code, shall be made to the Registering Officer, appointed
under clause (b) of sub section (1) of section 3 of the Code, in Form- 04 through
portal giving details about the establishment and uploading documents relating to
the registration of establishment and proof of identity and address of the employer.
The applicant shall be responsible for veracity of all the information submitted.
(2) Every application, referred to in sub-rule (1), shall be digitally or electronically
signed by the employer.
(3) Every application referred to in sub-rule (1), shall be accompanied by the fee
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.
(8) The responsibility under this rule shall entirely lie with the employer of the
establishment.
7. Grant of certificate of registration.- (1) The registering officer, after receiving the
application under sub-rule (1) of rule 6, shall register the establishment and
issue a certificate of registration electronically to the employer thereof in such form
and within such time and subject to such conditions as may be prescribed by the
Central Government.
Provided that if the Registering Officer fails to issue registration to an
establishment, in case application complete in all respects so made or to entertain the
application within the period prescribed by Central Government, then such
establishment shall deemed to have the registration certificate issued immediately
after the expiration of such period.
(2) The registering officer shall maintain a register in Form-6, showing the particulars
of establishment in relation to which the certificate of registration has 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 Administration of Union Territory of Ladakh
from time to time.
11. Notice of commencement and cessation.- The employer shall, before the period
of fifteen days of the commencement, give notice of commencement in Form-07 on
the portal to the registering officer and Inspector-cum-Facilitator appointed for class
of establishment and the employer 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.
CHAPTER-III
DUTIES OF EMPLOYER, EMPLOYEES ETC.
12. Medical examination of employees.- (1) Every employer of an factory, beedi or
cigar work and building or construction work shall arrange to conduct free of cost
medical examination for all the employees above the age of forty-five years
annually within one hundred and twenty days from the commencement of the year
as per the Schedule given under this rule.
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.
(2) 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
Blood
Urine
X ray
PFT
Sputum
Audiomet
ry (if
applicable
)
Any Other
test
recommend
ed by
Inspector-
cum-
Facilitator
- cum-
Waste
Facilitator
declared
under the
code
13. Appointment letter to employee.- Every employer shall issue an appointment
letter to every employee required to work in an establishment in the format as
mentioned below:
1. Name of the employee:
2. Name of employee`s father/husband/mother:
3. Identification Number of employee:
4. Name and address of establishment:
5. (a) Registration number :
(b) Labour Identification Number:
6. Designation:
7. Terms of Service (including but not limited to Skill category):
8. Wages (basic and other allowances , dearness allowance):
9. Any other information:
10.
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 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 in Form-
10.
(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-10 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-10 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.
(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;
(viii)
collapse, capsizing, toppling or collision of transport equipment within the
establishment;
(ix) fall from height of any excavation, loading or transport machinery;
(x) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a
bump‘) in working below ground;
(xi) a rock-burst in working belowground; a premature collapse of any part of the
working;
(xii) a breakage, fracture or failure of an essential part of any machine or apparatus
whereby the safety of persons may be endangered;
(xiii) a slide causing injury to any person, damage to any machinery, or interruption
of normal mining operations;
(xiv) failure of dump or side in opencast working; a blowout;
(xv) 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;
(xvi) a major uncontrolled emission of petroleum or chemical spillage;
(13) 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.
(14) 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.
(15) 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
(16) Constitution of the Ladakh Occupational Safety and Health Advisory Board.-
(1) The Ladakh Occupational Safety and Health Advisory Board (hereinafter
referred to in these rules as the Board) shall consist of the following, namely:-
(i)
Secretary (Labour), Administration of Union Territory of Ladakh-Chairperson (Ex
officio)
(ii) Labour Commissioner, Union territory of Ladakh -
Member secretary
(iii) Secretary, Department of Industries, Ladakh
-
Member
(iv) Secretary, Department of Local Government, UT, Ladakh- Member
(v) Secretary, Department of Housing and Urban Development, Union territory of Ladakh -
Member
(vi) Secretary, Department of PWD (B&R), Union territory Ladakh - Member
(vii) Secretary, Department of Water Resources, Union territory of Ladakh -
Member
(viii)
A Secretary, Department of Water Supply & Sanitation, Union territory of Ladakh -
Member
(ix) Regional Director, Employees’ State Insurance Corporation - Member (ex-officio)
(x) Director, Health Services, Union territory of Ladakh - Member (ex-officio)
(xi) Chairman, Union territory of Ladakh Pollution Control Board - Member
(xii) Three representatives of employers to be nominated by Administration of Union
Territory - Members
(xiii) Three representatives of employees to be nominated by Administration of Union
Territory Ladakh - Members
(xiv) Three eminent persons connected with the field of occupational safety and
health, or representatives from reputed research institutions or similar other
discipline to be nominated by Administration of Union Territory Ladakh-
Members
(2) The terms of office of the members referred to in clauses (xii), (xiii), and (xiv) shall
be of three years.
(17) 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.
(18) 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.
(19) 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.
(20) Quorum.- No business shall be transacted at any meeting of the Board, unless
at least ten members are present.
(21) 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.
(22) 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 Administration of Union Territory of Ladakh from time to time.
(23) Resignation. - A member of the Board, not being an ex-officio member, may
resign his office by a letter in writing addressed to Administration of Union
Territory of Ladakh and the Office of such a member shall fall vacant from the date
on which his resignation is accepted by Administration of Union Territory of
Ladakh , or on the expiry of thirty days from the date of receipt of the letter of
resignation by the Administration of Union Territory of Ladakh whichever is
earlier.
(24) 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 of the Chairperson for such absence, he shall cease to be member of the
Board:
Provided that the Administration of Union Territory of Ladakh 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.
(25) 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 Union Territory of Ladakh , involves moral
turpitude.
(2) If a question arises as to whether a disqualification has been incurred under sub-
rule (1) or not, the Administration of Union Territory of Ladakh shall decide the same.
(26) Removal from Membership.- The Administration of Union Territory of Ladakh
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.
(27) 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 Administration of Union Territory of Ladakh and on receipt of such report,
Administration of Union Territory of Ladakh 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 Administration of
Union Territory of Ladakh 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 UT,
Ladakh shall get himself registered on portal as may be developed for such purposes
either by Administration of Union Territory of Ladakh or Central Government.
32. Safety Committee.- (1) In every establishment,-
(a) wherein two hundred and fifty 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 employees’ representatives of this Committee shall be elected by the
employees.
(4)
The tenure of the Committee shall be two years.
(5)
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.
(6)
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.
(7)
The functions and duties of the Safety Committee shall include,-
(a)
assisting and co-operating with the management in achieving the aims and
objects 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.
(8)
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:
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
(b)
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
Union Territory of Ladakh 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).
(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)
Against the order of dismissal or discharge, a Safety officer shall have the
right of appeal to the Administration of Union Territory of Ladakh.
(10)
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 organising 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.
(11)
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.
(12)
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).
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
(1) 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.
36. Extra wages for overtime.- (1) In pursuance of section 27, where in an
establishment a worker works for more than eight hours in any day or for more than
forty-eight hours in any week, as the case may be, he shall in respect of such
overtime work be entitled to wages at the rate of twice his ordinary rate of 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 Administration of Union
Territory of Ladakh 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;
(iii)
the total number of hours of work including overtime shall not exceed
seventy two; and
(iv)
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 fifty 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
beforehand 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.
CHAPTER-VI
REGISTERS, RECORDS, AND RETURNS
39. Register of adult workers.- Such register shall be same as the employer shall
maintain a register of employees in such form, as may be prescribed by the rules
made by the Administration of Union Territory of Ladakh under the Code on
Wages, 2019
40. Register of adolescent workers.- Such register shall be same as 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,-
(i)
the name of each worker;
(ii)
the nature of his work; and
(iii)
the daily attendance of the worker.
(b)
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.
(c)
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.
(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;
IV.
there must be sufficient number of access points or kiosks;
V.
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;
VI.
the system may have integration to payroll management systems;
VII.
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
VIII. 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
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.
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
Administration of Union Territory of Ladakh may appoint any person as the Chief
Inspector-cum- Facilitator who,-
(1)
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
(2)
Is an officer of Indian Administrative Service in the cadre of Administration
of Union Territory of Ladakh.
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 recognise any
laboratory accredited with the National Accreditation Board for Testing and
Calibration Laboratories for taking samples and giving analysis report required
under the Code.
(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 Inspector-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.
55.
Qualifications and experience of experts to be empanelled.- 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
(i) 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 recognised 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 recognised by Administration of Union Territory of Ladakh or
should possess a diploma in Industrial Health or equivalent.
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 Administration of
Union Territory of Ladakh 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.
(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 Union
Territory of Ladakh 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 employee are employed; and
(f) Provide safe, secure and healthy working condition such that no women
employee is disadvantaged in connection with her employment.
(g) in case of below ground mine not less than 3 women employees shall be on duty
at any place.
(h)
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.
CHAPTER-IX
SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANTS
PART-I
61. Conditions in respect of contract labour.- The licence issued under sub section
(1) of section 47 shall be subject to the following conditions, namely:-
(i) The licence 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 licence 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 licence shall notify any change in the number of workers or the conditions of
work to the designated authority;
(vi) a copy of the licence 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 licence 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:-
SCHEDULE
Number of workers to be
engaged/employed by
contractor
Fee for license
deposited
Security to be
deposited
Up to 100
3000
Rs. 270/- per
worker
101-250
5000
251-500
10000
501-1000
20000
1001-2500
30000
Above 2500
50000
(3)
Payments as required under sub-rule (2) shall be paid through portal which
shall be credited to the treasury in the head of account as may be specified by the
Administration of Union Territory of Ladakh from time to time.
(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
Administration.
(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.
(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 licence 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 licence 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 Union Territory of Ladakh 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.
69. Manner of suspending or cancelling the Licence 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 licence the contractor may, if
he does not intend to have his licence 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 licence 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;
(1)
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.
(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 Inspector-
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
(v)
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 Administration of Union Territory of
Ladakh.
(2)
The Administration of Union Territory of Ladakh 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
Administration of Union Territory of Ladakh.
(5)
The Administration of Union Territory of Ladakh 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 fro journey to his native place from the place of his employment based on the
following conditions, namely:-
(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 Administration of Union
Territory of Ladakh.
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) Administration of Union Territory of
Ladakh 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.
(6)
The procedure for reference of dispute shall be in conformity with
the Industrial relations Code 2020 and rules framed there under.
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 alongwith
fee specified in Schedule-II under rule 149.
(2) A licence 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 rules 86-94 of these rules.
84. Renewal of licence for beedi and cigar work.- (1) A licence granted under
rule 82 shall be renewed by the authority designated under section 119.
(2) Every application for renewal of the licence 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 licence 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 licence 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 licence shall be renewed only on
payment of a additional fee of twenty-five percent of the fees ordinarily payable for the
renewal of a licence 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
Administration of Union Territory of Ladakh.
(ii) 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.
(iii)
The fees for renewal of license for one year shall be as specified in the
Schedule given under Schedule-II under rule-149
(iv) 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 licence.- (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 Union Territory
of Ladakh 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.
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,
Administration of Union Territory of Ladakh , 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.
(4) 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) Colourings 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
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:
l00 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, crèche, rest- rooms, mess-rooms, canteens,
ambulance room or occupational health centre;
(b) one section from front showing the height of the building or room;
(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 Administration of
Union Territory of Ladakh 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 thereunder, 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.
(3) The occupier shall submit the Certificate of Stability to the Inspector-cum-
Facilitator on portal. 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 4.25 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 5 meters:
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 further 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 Union Territory
of Ladakh 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
Administration of Union Territory of Ladakh from time to time.
95.
Prohibition of running a factory without a valid licence.- (1) No occupier
shall use any premises as a factory or carry on any manufacturing process in a
factory, unless a licence 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 licence for a factory shall be granted in Form-52 by the designated authority
on payment of fees specified in Schedule-I under rule 149.
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 licence.- (1) A licence granted under sub-rule (2) of
rule 96 may be amended by the designated authority in Form-52.
(2) A licensee shall get the licence amended if;
(i) name of the factory is to be changed;
(ii) number of workers as specified in the licence are to be changed;
(iii) motive power specified in Kilowatts in the licence is to be changed; or
(iv) manufacturing process is to be changed.
(3) A licensee who desires to have his licence 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 licence 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 licence.- (1) A licence shall be renewed by the designated
authority in Form-52.
(2)
Every application for renewal of the licence 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 licence
expires.
(3) The fees for renewal of licence 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 licence for one year, as specified in the
Schedule-I under rule 149.
(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
Administration of Union Territory of Ladakh.
(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
(iv) The license generated under this rule shall have the same sanctity as
renewed under sub-rule(3)
99. Transfer of factory licence.- (1) The holder of a licence may, at any time
before the expiry of the licence, apply for permission to transfer his licence 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.- 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 licence under in his own name for the
unexpired portion of the original licence.
(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
(3) 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.
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 Union
Territory of Ladakh 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;
(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 guillottine 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.
(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 Administration of Union Territory of Ladakh 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:-
(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.
(1) 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.
(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.
(iii) 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.
(iii) 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.
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.
(ii)
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 than 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.
(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.
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 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.
(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)
a sufficient supply of soap or other suitable cleansing material and of nail
brushes.
(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.
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
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 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
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).
(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;
(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 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
(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.
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 :
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.
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.
(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 Administration of Union Territory of Ladakh , 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.
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 –
(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 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.
(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.
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, hemoglobin 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;
(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.
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.
(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, and 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.
(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
(2)
a clean, sterile and hygienic condition before issue.
(3)
The occupier shall arrange to inform, educate and supervise all the workers in
the use of personal protective equipment while carrying out the job.
(4)
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.
(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.
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.
(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. 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.
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 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 lifesaving 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 recognized Administration of
Union Territory of Ladakh 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 firefighting 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.
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.
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.
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.
(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.
(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:-
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.
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.
(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 overall 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.
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.
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 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 Administration of Union Territory of Ladakh or
subject to the control of the Administration of Union Territory of Ladakh, 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;
(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
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” ;
•
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
(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;
(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.
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 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.
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:
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.
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.
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, MANUFACTUREOF
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 :-
(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;
(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.
(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 therefrom 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.
(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.
(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.
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.
(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 Administration of Union Territory
of Ladakh 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 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.
(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 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.
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.
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 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
(d)
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.
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 shirtsor
overalls with full sleeves and
head
coverings. The shirt oroverall
shall
cover the neck completely; and
(b) rubber hand gloves,
rubber aprons, rubber gum
boot sand 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.
Singlet and
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.
(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.
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.
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 .
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 Administration of Union Territory of Ladakh may
accept any other qualifications if in its opinion they are equivalent to the
qualifications aforesaid.
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.
Firefighting 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.
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.
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.
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.
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.
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
Administration of Union Territory of Ladakh , 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.
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.
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.
(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.
(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 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.
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 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.
(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 –
(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 network 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.
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.
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;
(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
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 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.
(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 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 Administration of Union Territory of Ladakh ;
(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.
(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.
(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.
(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
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;
(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.
(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,
footwear.
material
face-shields,
All
made
gloves
and
of
suitable
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
Protective
equipment
as
may
be
contact
directed by the Chief Inspector-cum-
with hazardous chemicals
Facilitator by an order in writing
(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.
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.”
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 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 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;
(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;
(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.
(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 –
(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.
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 a 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,
(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
(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 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
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;
(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;
(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 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
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. –
(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.
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.
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.
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
(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.
(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 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.
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.
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 securely 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.
(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-
•
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.
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 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.
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.
( 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.
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 any 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
(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:-
(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.
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.”
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
(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.
(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 :-
(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.
(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 Union Territory of Ladakh shall constitute or
reconstitute a Site Appraisal Committee under the chairmanship of the Labour
Commissioner-cum-Chief Inspector of Factories, Union territory of Ladakh
as and when necessary;
(b)
The Administration of Union Territory of Ladakh shall appoint a senior
officer of the factory wing of the Department of Labour and Employment,
Union Territory of Ladakh to be the Secretary of the Committee;
(c)
The Administration of Union Territory of Ladakh may appoint the following
as members of the Committee, namely :-
(i)
a representative of the Department of Local Government (Fire Wing);
(ii)
a representative of the Department of Housing and Urban Development;
(iii)
a representative of the Department of Industries;
(iv)
Member-Secretary, Pollution Control Board;
(v)
a representative of the Department of Forest and Wild Life;
(vi)
a representative of the Department of Health; and
(vii)
the Administration of Union Territory of Ladakh may nominate two persons
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
provisions 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 to the
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 14.9.2006 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;
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.
(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 an 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 down 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:-
(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 an
hazardous substance;
(k)
role of workers vis-à-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.
(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 Ladakh Pollution Control Board.
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 Union Territory of Ladakh
within a period of thirty days. The Administration of Union Territory of
Ladakh shall give an opportunity to the occupier of being heard and pass an
order. The order of the Administration of Union Territory of Ladakh 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
(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
(2) 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 Union territory of Ladakh 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 over all 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)
one 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 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 Administration of Union Territory
of Ladakh:
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 Administration
of Union Territory of Ladakh 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.
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 toxied.
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.
27. One dressing forceps
28.
One scalpels.
29.
One
stethoscope.
30.
Rubber bandage-pressure bandage.
31.
Oxygen cylinder with necessary attachments.
32.
One Blood Pressure apparatus,
33.
One patellar Hammer.
34.
One Peak-flow meter for lung function measurement.
35.
One stomach wash set.
36.
Any other equipment recommended by the qualified medical
practioner according to specific need elating to manufacturing
process.
37.
in addition –
(1)
For factories employing 51 to 200 workers-
1.
Four plain wooden splints 900 mmx00 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
(2 each).
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;
-- 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 adoptors;
-- 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 10” x 36”;
-- Roll of aluminium foils; -- Adhesive tape of 3”; -- Safety pins;
-- Bandage sheets; -- Burn sheet.
(iv)
Poisoning –
-- 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;
(ii)
the Health Authority of Central or Administration of Union Territory of Ladakh;
(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 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.
(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-weighted
average concentration
short-term
maximum
concentrat ion
p p m
mg
/m 3
p
p
m
mg
/
m
3
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-
2.
0.5
-
-
isomera)-
skin
1
Arsenic and
compounds
-
0.2
-
-
Benzene
1
0
30
-
-
Bromine
0.
0.7
0.
2
1
3
2-
2
59
3
88
Butanone (me
0
0
0
5
thylethyl)(ke
0
0
tone-mek)
n-Buty lacetate
1
5
0
71
0
2
0
0
95
0
Secondary/Tertiary
ButylAcetate
2
0
0
95
0
2
5
0
11
90
Cadmium dust and
salt (as
cd)
-
0.0
5
-
0.2
Cacium
-
2
-
-
Carbyl (sevin)
-
5
-
10
Carbofuran(furadan)
-
0.1
-
-
Carbon disulfide-skin
2
60
3
0
90
Carbon mono oxide
5
0
55
4
0
0
44
0
Carbon tetra chloride-
skin
1
0
65
2
0
13
0
Carbonyl
chloride(Phosgene)
0.
1
0.4
-
-
Chlordane-skin
-
9.5
-
2
Chlorobenzone(MonoC
hl
orobenzene)
7
5
35
0
-
-
Chlorine
1
3
3
9
Bi-Chloromethyl Ether
0.
0
0
1
-
-
-
Chromic
Acid
and
Chromates (as cr)
-
0.0
5
-
-
Chromium sel
Chromic,
Chrmous salts
-
0.0
5
-
-
Copper Fumes
-
0.2
-
-
Cotton Dust (raw)
-
0.0
2
-
-
Cresol,All Isomers-
skin
5
22
-
-
Cynides (as cn) skin
-
5
-
-
Cynanogen
1
0
20
-
-
DDT(DicholoroDiphe
nylTrichloro-Ethane)
-
1
-
3
Demton-skin
0.
0
1
0.1
0.
0
3
0.3
Diazinon-skin
-
0.1
-
0.3
Dibutyl phthalate
-
5
-
10
Dichlorves(ddv)-skin
0.
1
1
0.
3
3
Dieldrin-skin
-
0.2
5
-
0.7
5
Dinitrobenzene(
allisomers)-
skin
0.
1
5
1
0.
5
3
Dinitrotuolene-skin
-
1.5
-
5
Diphenyl
0.
2
1.5
0.
6
4
Endosulfam(thiodan)-
skin
-
0.1
-
0.3
Endrin-skin
-
0.1
-
0.3
Ethyl acetate
4
0
0
10
00
-
-
Ethyl alcohol
1
0
0
0
19
00
-
-
Ethyl amine
6
0
18
-
-
Flourides
-
2.5
-
-
Fluorin
1
2
2
4
Hydrogen cynide-skin
1
0
11
1
5
16
Hydrogen Sulfide
1
0
15
1
6
27
Iron oxide fumes
-
5
-
10
Isoamyl acetate
1
0
0
52
5
1
2
5
65
5
Isoamyl alcohol
1
0
0
36
0
1
2
5
45
0
Isobutyl alcohol
5
0
15
0
7
5
22
5
Lead fumess and dust
-
0.1
5
-
0.4
5
Libdane-skin
-
0.5
-
1.5
Malathion-skin
-
10
-
-
Manganese fumes
-
1
-
1
Mercury
-
0.0
5
-
0.1
5
Mercury)alky
l
compounds)s
kin
0.
0
0
1
0.0
1
0.
0
0
3
0.0
3
Methyl
alcohol(methanol)-
skin
2
0
0
26
0
2
5
0
31
0
Methyl
celloply-
skin(2-
methoxy ethanol)
2
5
80
3
5
12
0
Methyl isobutyl
ketone-skin
1
0
0
41
0
1
2
5
51
0
Naphthalene
1
0
50
1
5
75
Nickel carbonyl
0.
0
5
0.3
5
-
-
Nitric acid
2
5
4
10
Nitric oxide
2
5
30
3
5
45
Nitrobenzene-skin
1
5
2
10
Oil mist minerals
-
5
-
10
Parathion-skin
-
0.0
1
-
0.0
3
Phenel-skin
5
19
1
0
38
Phorate(thimet)-skin
-
0.0
5
-
0.2
Phosgene(Carbonyl
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
1
0
30
Saline(silicontetrahyd
ride)
0.
5
0.7
1
1.5
Styrene
monomer(phenylethy
lene)
1
0
0
42
0
1
2
5
52
5
Sulfur dioxide
5
13
-
-
Sulphuric acid
-
1
-
-
Toludine(toloul)-skin
1
0
0
37
5
1
5
0
50
0
O-Toludine
5
22
1
0
44
Trichloroethylene
1
0
0
53
5
1
5
0
80
0
Vinyl chloride
5
10
-
-
Welding
fumes(nitro
us
oxide)
-
5
-
-
Xylene(o-m-
p- isomers)-
skin
1
0
0
43
5
1
5
0
65
5
TABLE – 2
S.No
Substance
Permissible time
average
concentration
1
Silica
a
Crystalline
i
Quartz
1
in term of dust
count
=1060/(
%
quartz+1
0)in
mppcm
2
in term of
respirabledust
=10/(%
respira
blequuartz+2)
in mg/cubic metre
3
in iterm of total
dust
=30/(%
quartz+3)in
mg/cubic
metre
ii
Cristobalite
half of the limit given
against
quartz
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
dioxideby weight
2 mg per cubic metres
2
for airborne dust having
morethan 5% silicon
dioxide by
weight
as for item (2) of quartz
TABLE – 3
Substance
Permissible limit of exposure
ppm
mg/m3
Acetic anhydride
5
20
O-Dichlorobenzene
50
300
Formaldehyde
2
3
Hydrogen Chloride
5
7
Manganese
&
compounds (as Mn)
-
5
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.- Labour Commissioner-cum-Chief Inspector
of Factories, UT, Ladakh 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 authorised in sub-rule (2) shall examine the matter within fifteen
days from the date of receipt.
(4)
The officer authorised 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;
(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 Union Territory of
Ladakh 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.
(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 he attends to work on any day
for which he has been granted sickness allowance.
133. Crèche 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 crèche 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 crèche.
(4)
The building in which the crèche is situated shall be of sound construction
with a good plinth.
(5)
The plan of the crèche building shall be in accordance with the standard plan
or plans laid down by the Chief Inspector-cum-Facilitator.
(6)
The crèche 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 t h e prior approval of the Administration of
Union Territory of Ladakh.
(7)
A suitably fenced and shady open air play-ground shall be provided for the
children.
(8)
The employer shall appoint a woman as Crèche-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
Union Territory of Ladakh.
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 Union Territory of
Ladakh 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 Union Territory of
Ladakh; and
(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.
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.
(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 can be 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.
7.
Spillage of the chemicals on any part of the body or on the floor shall
be immediately washed away with water.
8.
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) Administration of Union
Territory of Ladakh 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 Union
Territory of Ladakh 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
Union Territory of Ladakh from time to time.
147. Officer and manner of composition of certain offences.- (1) Administration of
Union Territory of Ladakh 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).
(3) The officer mentioned in sub-rule (1) shall take decision within seven days from
receipt of application under sub-rule (2).
(4) 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
(5) 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.
(6) 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 Administration of
Union Territory of Ladakh Unorganized Workers Social Security Board
constituted under the Code on Social Security (Ladakh) Rules, 2021.
(3) The social security fund may also be expended on welfare schemes of the
Administration of Union Territory of Ladakh 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 Union
Territory of Ladakh;
(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 licence in respect of a factory, industrial
premises for beedi and cigar work and for engaging contract workers or any
combination thereof or single licence 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 licence 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) The designated authority upon being satisfied, shall issue license in Form- 52
within thirty days from the date of receipt of application.
(4)
If the designated authority fails to issue common license to the person 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 issued on
the expiration of thirty days.
SCHEDULE I
Fees for the grant of licence for a factory for one calendar year
Number of workers
Load
Upt
Fro
Fro
From
From
From
Fro
From
Fro
Abov
connect
o19
m20
m51
101
151
251
m
1001
m
e
ed
to
to
to
to
to
501
to
150
2500
(in
Kilowatts)
50
100
150
250
500
to
1000
1500
1
to
2500
Without
power
100
0
1500
2000
2500
3000
400
0
5000
6000
800
0
10000
Upto 50
150
0
2000
2500
3000
4000
500
0
6000
8000
1000
0
15000
From 51 to
100
200
0
2500
3000
4000
5000
600
0
8000
10000
1500
0
20000
From 101 to
150
250
0
3000
4000
5000
6000
800
0
1000
0
15000
2000
0
25000
From 151 to
250
300
0
4000
5000
6000
8000
1000
0
1500
0
20000
2500
0
30000
From 251 to
500
400
0
5000
6000
8000
1000
0
1500
0
2000
0
25000
3000
0
35000
From 501 to
1000
500
0
6000
8000
1000
0
1500
0
2000
0
2500
0
30000
3500
0
40000
From 1001
to
2000
600
0
8000
1000
0
1500
0
2000
0
2500
0
3000
0
35000
4000
0
50000
From 2001
to
3000
800
0
10000
1500
0
2000
0
2500
0
3000
0
3500
0
40000
5000
0
60000
From 3001
to
4000
1000
0
15000
2000
0
2500
0
3000
0
3500
0
4000
0
50000
6000
0
70000
From 3001
to
4000
1000
0
15000
2000
0
2500
0
3000
0
3500
0
4000
0
50000
6000
0
70000
From 4001
to
5000
1500
0
20000
2500
0
3000
0
3500
0
4000
0
5000
0
60000
7000
0
80000
Above 5000
2000
0
25000
3000
0
3500
0
4000
0
5000
0
6000
0
70000
8000
0
10000
0
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
Schedule-III
In respect of engagement of Contractors.
Number of workers to be
engaged/employed by contractor
Fee for license
Up to 100
3000
101-250
5000
251-500
10000
501-1000
20000
1001-2500
30000
Above 2500
50000
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
Administration of Union Territory of Ladakh from time to time for such
class of establishments as Administration of Union Territory of Ladakh 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 provisions 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 Union Territory of Ladakh may lay
down an 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.
153. Self-Certification Scheme.- Administration of Union Territory of Ladakh
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 Inspector-cum- Facilitator from time
to time.
I ----------------------- hereby declare that the information furnished above is true.
Place
signature
Date
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
(d)
y to Chief Inspector-cum-Facilitator any change in facilities(either addition
or deletion)
(d)
to 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
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(l) 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 UT, Ladakh
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 of Ladakh
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 work/any other
5
Labour Identification Number
6
Name and address of the employer
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/Vil
l age
District
DSC of Employer
FORM-06
[See rules 7(2) and 8]
Register of Establishments
Sr.
No.
Registrati
o
nnumber
and date
Name and
address of
The
establishme
nt
Name of
the
employer
and his
address
Natur
eof
core
activit
y tobe
under
taken in
the
establish
ment
Maxi
mum
empl
oyee
s to
be
empl
oyed
on
any
day
Probab
l e date
of
comme
n
cement
date
of
cessa
tion
Rem
arks,
ifany
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
Name
of
Employe
e
Date of
Employ
m ent
Age
Gender
Natu
re
of
Job
Date of
Medica
l
Examin
ation
Results
of
Medical
examina
tion
Signature
ofthe
qualified
medical
Practition
e r
Signatur
eof
Employ
e r
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
(f)
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
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.
1.
Name of Establishment
2.
Address
of
Establishment
3.
Address of employer
FORM-12
(See rule 16) Notice
of Disease
Signature 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
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
report is submitted as below;
[Details of remedial action]
Employer
FORM-15
(See rule 38)
Notice of period of work
Name and Address of
Registration
establishment………………………
No…………………………..
…...
Rest day
……………………………
…...
Period
sof
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)
S.
Na
Ge
Depa
Empl
Whet
Date
O/T hours
w
Weekly
Date
Los
R
No.
me
nd
r
o
her
from1st
e
rest days
of
t
e
er
tmen
yee's
local
of month
ek
lost due
com
res
m
t
/ a
or
to last
ly-
to
p
t
a
doles
Inter
date to
off
exempti
ensa
day
r
cent
-
the
n gorder
tory
s
k
regist State
month
along
holi
car
s
er
Migr
withdate
d
r
entry
a nt
of
ays
ied
numb
exempti
give
to
er
n gorder
n
nex
t
year
1
2
3
4
5
6
7
8
9
10
11
12
13
1 2 ...31
Daily
Weekly
O/T
O/T
hour
hour
s
s
Month:
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/month/y
ear of accident
or dangerous
occurrence
Date/month/yea
r of report to
authorities
Description
of accident
or
dangerous
occurrence
Details
of
injured
/died
person
( if any)
Date of
return
of
injure
d
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/dea
t
h/etc.
6
Total number of days worked during
the calendar year;
I
January
II
February
III
March
IV
April
V
May
VI
June
VII
July
VI
I I
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
Addres
s
Email
Details of medical officer of the area
Name
Addres
s
Email
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
Particular
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
Adolescen
t
total
10.
Is the establishment seasonal?
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
13
Total No. of man-hours worked including overtime but excluding
the rest interval
Particular
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
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 under section , 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
Leave with wages
Particular
Total
Number
Number
Number of workers
Number
number
of
of
dismissed/died/disch
arged
of
workers
of
workers
workers
/left the service
in
workers
entitled
granted
Respect of
for leave
leave
whom
with
wages in
wages
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
Crèches
Ambulance Room
ACCIDENTS
Type
of
accident
Number
of
Man-days lost
In case
Man-days lost
In case employee
accident
employee or
or worker
worker
Returned
returned to
to duty during
duty during
Succeeding
year in which
year in which
accident
Accident
occurred
Occurred
Fata
l
Non-fatal
Dangerou
s
occurrenc
e
total
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 analysed
Number:
date:
To
....................................
....................................
Take notice that it is intended to have analysed 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 ...........................................................
FORM-24
(See rule 59)
Certificate of Fitness
Signature
(Laboratory
Analyst)
Certificate Number:
:
1.
Name
of
Adolescent:
2.
Father`s Name:
3.
Address:
4.
Gender:
5.
Age:
6.
Descriptive marks
7.
Remarks
date
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
deposi
t of fee
Whethe
r 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
(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
Administration of Union Territory of Ladakh
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
(d) No. of inter state migrant workers to be employed : Fill details in Form
no. 5 as 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
S.
No. Licen
se
numb
er
and
date
Name
and
address
of The
Contract
ors
Name
and
address
of The
Contract
ors
Nature
activity
to be
under
taken by
the
contract
or
Maxim
u m
Worke
rs to
be
emplo
yed on
any
Day
Probab
le date
of
comme
nc
ement
date of
cessati
on
Details of
amendment,
if any
Rene
wed
upto
1
2
3
5
6
7
8
9
10
FORM-30
(See rule 68)
Notice of intimation of work-order by contractor
I .................. Shri of M/s……………. having license Number ............................ hereby intimate that work
order to supply labour/execute work (Name of work) from the establishment (Name and address )
has been issued and work shall commence from.......
Signature of the Contractor
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
o
f security
deposit
Amount
released
from
security
deposit
for
payment
Reference of
order
o
f authority
for release
o
f 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:
Signature of aggrieved party
FORM-33
[See Rule 76(2)]
Register of Journey Allowance
Name and Address of establishment:
Establishment registration number:
S.
No.
Name
of
inter-
state
worker
Entry
in
Employe
e's
Register/
adolesce
nt
worker
register
Permanent
address of
inter-state
worker
Period
o
f journey
Numbe
r of
family
members
Mode
of
journe
y
Amount
paid
Signature
of inter-
state
worker
FORM-34
(See rule 79)
Format 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/Smt/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.
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 the
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 organisations.
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
(b)
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 not to allow his/her name to go on the credit titles of the Audio
Visual production.
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
I 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
FORM-36
[see rule 86(4) (c)]
Particulars of Rooms
Name and Address of the Factory
Name of floors:
Whether having basement:
Na
m
e/
Nu
mb
er
of
ro
Lengt
h (X-
axis
Coor
dina
te)
Bre
adt
h
(Y-
axis
Coo
rdi
nat
Height
axi (Z-
s
A
r
e
a
Area
occu
pie d
by
mac
hin
ery/
oth
V
ol
u
m
e
B
re
at
h
in
g
s
p
Ventilati
on
Lighting
level (in
lux)
Maxi
m
um
capa
cit y
of
roo
m
Nu
m
be
r
of
pe
rs
on
Pu
rp
os
e
for
ro
o
m
C
o
n
st
ru
c
ti
o
Re
mar
ks
M
a
xi
m
u
m
M
i
n
i
m
1.
Name
of
the factory
2.
Address
of
factory
FORM-37
(See rule 88)
Stability Certificate
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 ................date…… 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 been 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 its/their use as
a factory/part of the factory for the manufacture 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
FORM-38
(See rule 92)
Register of Building Plans of Factories
S.No. Name
and
Address
of
Factory
Date of
submissi
on
Date of
Date of
amendmen
t
Date
of
refus
al
Date of
return
Processing
fee
Remarks
Regula
r
approv
al
Deeme
d
approv
al
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
Number of
Date of
Name
Number
Numbe
Number
Details
Workers/e
Workers/e
examination
And
of
r of
of
of
mp loyees
mpl oyees
of the
Address
workers
worker
workers
alternati
normally
employed
worker/em
of the
/e
s/
/e
ve work
employed
in the
ploy ees
Examine
mploye
employ
mploye
given to
during the
hazardous
engaged in
Ng
es
ee s
es
workers/e
month
manufactur
ing process
the
dangerous
medical
officer
examin
ed
declare
d fit
declare
d unfit
mpl oyees
who
operation
with
details
have
declare
d
unfit
FORM-40
(See rules 105,116,141)
CERTIFICATE OF FITNESS FOR HAZARDOUS OR PROCESS DANGEROUS 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:
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
S
.
N
o
.
Na
m
e
of
W
or
ke
r
Serial
Num
ber in
empl
oye
e’s
Regis
ter
S
e
x
A
g
e
Date of
Employ
ment
on
pres
ent
work
Date
of
leavin
g Or
Transf
erred
to
other
work
Reas
on
for
leavi
ng
Tran
sfe r
Or
disch
ar ge
Natu
re
of
Job
or
occu
pat
ion
Date
of
medi
ca l
exa
mi
natio
n by
medi
ca l
offic
er
result
s of
medic
al
exami
nat
ion
If
suspen
ded
from
work,
state
period
of
suspen
sio n
with
detail
ed
reaso
ns
Recer
tifi ed
fit to
resu
me
duty
on
(with
signat
u re
of
medic
al
office
r)
If
certif
yin g
of
unfit
nes s
or
suspe
ns
ion
issue
d to
work
er
Sign
at
ure
with
date
of
med
ic al
offic
er
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.
(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:
(1)
Raw materials, intermediates, products and byproducts 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
1.
CHEMICAL
IDENTITY
(i)
Chemical Name
FORM-44
(See rules 108, 109 and 110)
Material Safety Data Sheet
(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)
Vapur Pressure Odour at 350 C mm Hg
(v)
Vapur 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)
TDG
(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 ld ppm mg/m3 Odour Threshold ppm mg/m3
50LD 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/Desages
(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 / Telex Contact person
(iv)
Nos. Telegraphic in Emergency
(v)
Address
(vi)
Local Bodies involved
(vii)
Standard Packing
(viii)
Trameard Detail of reference
(ix)
Others
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 Administration of
Union Territory of Ladakh 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
………… (Address of office)
For the month of ................................... (Name of month with year)
S.N
o.
Nam
eand
addr
ess
of
pers
o n
on
who
m
pena
l y
impo
ed
Name
and
address
of
establish
ment in
relation
toperso
n
onwhom
penalty
imposed
Date
and
numb
r of
refere
ce of
impos
ing
penal
t y
Offenc
es for
which
penalt
y
impos
e d
Am
out
of
pe
n
alt
y
Dat
e of
de
p
osit
Whet
her
appe
a l
prefe
r ed
Signa
ture
of
office
r
impo
s ing
penal
ty
Rem
a
rks
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 office
FORM-47
(See rule 146)
Performa for Appeal before the Appellate Authority against
Order of Imposing Penalty
To,
Sir,
Appellate Authority
[Under Section 111(2) of the Code]
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 l of person preferring appeal Name:
Date:
Place:
Mobile
Number: E-mail
(if any):
To,
FORM-48
[See rule 147(2)]
APPLICATION UNDER SUB-SECTION (1) OF SECTION 114 FOR
COMPOSITION OF OFFENCE
The authorised
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
…………………………………………………………………………………
…………………………………………………………………………………
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)
S.
No
.
Name and
address of
person of
whom
offence
compoun
de d
Name and
address of
establishm
en tin
relation to
person of
whom
offence
compounde
d
Date and
number
of
reference
of
compositi
o n/
compoun
d ing
Offen
ces
whic
h are
comp
o
unde
d
Amou
n tof
penalt
y
Date
of
depo
si t
Whe
t her
appe
a l
pref
e
rred
Signat
u re of
officer
Remar
k s
1
2
3
4
5
6
7
8
9
1
0
(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
S.No.
Amoun
t
receive
d for
fund
Source
from
receiv
ed
Date
of
recei
ved
Details of credit to the Administration of
Union Territory of Ladakh Unorganized
Workers Welfare Board
Amount
Date
Bank
details
1
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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
hazardous substances as per section 2(za) of the Code.
7.
NIC code
8.
(a) Total Number Employees and Workers to be employed in the
period of license
(b)Total Number Employees and Workers were employed during last
calendar 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
under each 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
o
f contractor
c
Industrial
premises
DSC of Employer/Occupier
FORM-52
(See rules 82,96 and 149)
Common Licencse For Factory/Beedi & Cigar Work/Engaging
Contract Labour
Administration of Union Territory of Ladakh 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,
Administration
of Union
Territory of
Ladakh
*********
“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The
Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc.”
K
Mehboob
Ali Khan
Digitally signed
by K Mehboob
Ali Khan
Date: 2022.06.07
18:06:39 +05'30'
AJEET
KUMAR
SAHU
Digitally signed
by AJEET KUMAR
SAHU
Date: 2022.06.09
12:47:55 +05'30'