1
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
VOL. LXII No. 07, MONDAY 27th APRIL, 2026/ 7th VAISAKHA, 1948 (SAKA)
UNION TERRITORY OF LAKSHADWEEP ADMINISTRATION
Department of Labour, Employment and Training
NOTIFICATION
Kavaratti, the 27th April, 2026
F.No.08/04/2024-LE&T : In exercise of the powers conferred by sub-section (1) of section
133 of the Occupational Safety, Health and Working Condition Code, 2020 (37 of 2020),
read with the powers delegated by the Ministry of Home Affairs, Government of India, vide
Notification S.O.273(E) dated 16th January, 2023, and in supersession of all rules on the
subject corresponding thereto in force in the Union Territory of Lakshadweep, except as
respects things done or omitted to be done before such supersession, the Administrator of
the Union Territory of Lakshadweep hereby makes the following rules, namely:-
By Order of the Hon’ble Administrator, U T of Lakshadweep
Sd/-
Director (Labour, Employment & Training)
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
CHAPTER - I
PRELIMINARY
1.
Short title, extant and commencement: - (1) these rules may be called the
Occupational Safety, Health and Working Conditions (Lakshadweep) Rules, 2025.
(2)
They extend to whole of UT of Lakshadweep.
(3)
They shall come into force on the date of their final publication 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)
"Code" means the Occupational Safety, Health and Working Conditions Code,
2020.
(c)
"Continuous process" means the materials either dried bulk or fluids that are
being processed and are continuously in motion, undergoing chemical reaction and are
subject to mechanical or heat treatment or any other process specified by the
Administration of UT of Lakshadweep.
(d)
"Designated authority” means an authority notified by Union Territory
Administration of Lakshadweep under section 119 of the Code;
(e)
"Electronically" means any information submitted by email or uploaded on the
portal or making digital payment through any mode for the purposes of Code;
(f)
"first employment" means the first employment in any manufacturing process
to which the relevant Schedule applies and shall also include re-employment in the
manufacturing process following any cessation of employment for a continuous period
exceeding three calendar months;
(g)
"Form" means the form appended to these rules;
(h)
"hazardous waste” means the hazardous waste as defined in clause (17) of sub-
rule (1) of rule 3 of the Hazardous and Other Wastes (Management and Trans boundary
Movement) Rules, 2016;
(i)
"major accident" means an incident involving loss of life inside or outside the
establishment or ten or more injuries inside and/or one or more injuries outside or
release of toxic chemical or explosion or fire or spillage of hazardous chemical resulting
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
in 'on-site' or 'off-site' emergencies or damage to equipment leading to stoppage of
process or adverse effect to the environment.
(j)
“Medium enterprise" means an enterprise as defined in clause (g) of section 2
of the Micro, Small and Medium Enterprises Development Act, 2006.
(k)
"micro enterprise" means an enterprise as defined in clause (h) of section 2 of
the Micro, Small and Medium Enterprises Development Act, 2006.
(l)
"portal" means the website of the Labour Department, Union Territory
Lakshadweep for delivering services under the Code and the rules made thereunder;
(m)
"Recognized university or institution" means, -
I. Any University, incorporated by law.
II. Any other University or institution which is declared to be a
recognized University or institution for the purposes of these rules;
(n) "Quarter" means the period of three consecutive months beginning on the 1st of
January, the 1st of April, the 1st of July or the 1st of October;
(o) "Registering officer" means an officer appointed under section 3 of the Code;
(p) "Schedule" means the Schedule appended to these rules;
(q) "section" means the section of the Code;
(r) "small enterprise” means an enterprise as defined in clause (m) of section 2 of the
Micro, Small and Medium Enterprises Development Act, 2006
(s) "wages" means the wages as defined in clause (y) of section 2 of
the
Code
on Wages, 2019; and;
(t) "year" means the period of twelve months beginning from the 1st day of January in
any year.
(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 under explanation to 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
such other processes of plant and equipment located in an establishment as stipulated in the
Code and the rules made there under, if such person possesses the qualifications, experience
and other requirements specified in the Schedule appended to this rule:
Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications
in respect of competent person if such a person is exceptionally experienced and
knowledgeable:
Provided further that where it is proposed to recognize a person employed under the Chief
Inspector-cum-Facilitator as a 'competent person', concurrence of the Union Territory
Administration of Lakshadweep shall be obtained and such a person after being so recognized,
shall not have the powers of an Inspector- cum-Facilitator.
(2)
The Chief Inspector-cum-Facilitator may recognise an institution of repute, having
persons possessing qualifications and experience as specified in the Schedule appended to this
rule, for the purposes of preparation of plans of building as structures to be used as factory or
industrial premises to be used for beedi and cigar work under the Code and carrying out tests,
examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts,
lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such
other processes of plant and equipment, located in an establishment as stipulated in the Code
and the rules made thereunder, a competent person within such area and for such period as may
be specified.
(3)
The person to be recognised as the competent person under this rule shall not be above
the age of sixty-two years and shall be physically and medically fit for the purpose of carrying
out the requisite tests, examination and inspection.
(4)
The Chief Inspector-cum-Facilitator may give a notice on portal or any other medium
in the month of May every year to recognise any person or institute to be the competent person.
The process of recognition may be completed within a period of sixty days from last date of
receipt of application(s).
(5)
Every application shall be accompanied by a fee (non-refundable) of rupees twenty-
five thousand and security (refundable without interest) of rupees one lakh to be paid by the
applicant through portal which shall be credited to the treasury in the head of account as may
be specified by Union Territory Administration of Lakshadweep 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
SCHEDULE
[Rule 4]
Sr.
No.
Purpose for
which
competency
required
Qualifications
Experience
Facilities at
the disposal
1.
Preparation
of
plans
of
buildings
or
structure to be
used as factory or
industrial
premises to used
for
beedi
or
Cigar work
(a) Bachelors
Degree
in
Civil
or
structural
Engineering
or
its
equivalent
from
recognized
university; and
(b) A Member or
Associate
Member of an
(i) Institution
of
Civil Engineers
(India) or
(ii) The Insitution
of
Structural
Engineers; or
(iii)
The
Institution
of
Engineers
(India) in civil
engineering or
structural
engineering or
(c) Bachelor’s
Degree
in
Architect or its
equivalent
from
recognized
university; and
must
be
a
member of the
Council
of
Architecture
i) an experience of 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
(i)
Bachelor’s
Degree in Civil
or
structural
Engineering or
its
equivalent
from
(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
Must
have
laboratory
fully
equipped
with
instruments
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
premises to be
used for beedi or
Cigar work
recognized
university; and
(ii)
A Member
or
Associate
Member of an
(a) Institution of
Civil
Engineers
(India) or
(b) The
Institution of
Structural
Engineers; or
The
Institution of
Engineers
(India) in civil
engineering
or
structural
engineering
shall be minimum of seven
years.
(ii) Knowledge of non-destructive
testing, various standards and
Codes of practices that current
and the effect
(iii)
of the vibrations and
natural forces on the stability
of the building; and
(iv)
an ability to arrive at a
reliable
conclusion
with
regard to the safety of the
structure or the building.
required for
Non-
Destructive
Test,
Compression
test,
Vibration test
Live/
Dead
load
test,
Estimation of
age
of
structure,
Measuring
Weighing.
This
laboratory
should
accredited
with National
Accreditation
Board
for
Testing
and
Calibration
laboratories
or must have
empaneled
any
such
laboratory.
3
Plant/Machinery/
Equipment under
Schedule
VIII,
XVII,
XXXII,
XXXIII rule 10 5
framed
under
section 82 and
standards framed
under Schedule
II of the Code or
any
other
standards framed
by
Central
Government
or
Union Territory
Administration
of Lakshadweep
from time to time
(i) 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/Equipment
or
(b)
testing, examination and
inspection
of
relevant
machinery,
their
guards,
safety
devices
and
appliances.
(ii)Should: -
(a) Be conversant with safety
devices and their proper
functioning
(b) be able to identify defects
another causes leading to the
failure.
Provided
that
experience for those who
possesses master’s degree
shall be minimum of seven
Gauges
fro
measurement
and
instruments
for
measurement
of speed and
any
other
equipment or
device
to
determine the
safety in the
use of the
dangerous
machine.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
years; and have ability to
arrive
at
a
reliable
conclusion with regard to
proper functioning of safety
devices,
appliances
and
machine guards and
(iii) have ability to arrive at a a
reliable
conclusion
with
regard to proper functioning
of safety devices, appliances
and machine guards.
4
Hotels & Lifts
(i) Bachelor’s
Degree in
Mechanical or
Production
engineering or
its equivalent
from
recognized
university
(i) an experience of working for a
minimum period often years
in: -
(a) design or erection of
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
(i) 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 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: -
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
(i) 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
(ii)
period of ten years in: -
(a) design or erection or
maintenance or
(b) testing, examination
(iii) and inspection procedure of
pressure plants.
(iv)
Provided that experience
for
those
who
possesses
master’s
degree
shall
be
minimum of seven years.
(v) Should: -
(a) be conversant with the current
and relevant codes of practices
and
(vi)
test procedures relating to
pressure plants;
(vii) (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
(viii) (d) able to identify defects
and arriving at a reliable
conclusion and with regard to
the safety of pressure plants.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
7
Precautions
against
fumes,
gases
(i) Bachelor’s
Degree
in
Chemical
Enginerring
from
recognized
university
(i) an experience of working for a
minimum period of ten years
in; collection and analysis of
environmental samples and
calibration
of
monitoring
equipment’s.
(ii) Provided that experience for
those who possesses masters
degree shall be minimum of
seven years.
(iii)
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,
instruments
and devices
duly
calibrated
and certified
for carrying
out the test
and
certification
of safety in
working
confined
spaces.
8
Ventilation
system
as
required
under
various
schedules framed
under Section-82
of the Code
(i) 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 vapour 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 a 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
ventilating
system
instruments
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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
can come to a
reasonable
conclusion as
to
the
adequacy of
system
9
Plant/ Machinery
/Equipment
under schedule
XI, XIII, XVI,
XIX, XXII under
rule 105 framed
under section-82
(i) 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: -
(a) Design
or
operation
or
maintenance
of
concerned
Plat/Machinery/ Equipment or
(b) Testing,
examination
and
inspection
of
relevant
machinery, their guards, safety
devices and appliances.
(ii) Should: -
(a) Be conversant with safety
devices
and
their
proper
functioning
(b) Be able to identify defects and
other causes leading to the
failure.
Provided
that
experience for those who
possesses
master’s
degree
shall be minimum of seven
years; and
(c) Have ability to arrive at a
reliable
conclusion
with
regard to proper functioning of
safety devices, appliances and
machine guards.
Gauges
for
measurement
and
instruments
for
measurement
of speed and
any
other
equipment or
device
to
determine the
safety in the
use of the
dangerous
machine.
(7)
If the qualifications and experience of the person(s) proposed to be recognized are
found to be in accordance with these rules, the person may be called to appear for a test and
interview before the Interview Board to be constituted by the Chief Inspector-cum-Facilitator.
(8) The Inspector-cum-Facilitator based on the result of test and report of the interview Board
and after satisfying himself as regard to the competence and facilities available at the disposal
of the 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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)
The competent person for the purpose of certification of buildings and their stability to
be used as Factory shall be a Civil Structure Engineer from any recognized Engineering
College in this Union Territory or as notified by the Union Territory Administration of
Lakshadweep from time to time.
(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.
Application for registration under Section 3.- (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 information submitted in the application.
(2) Every application referred to in sub-rule (1), shall be signed digitally or in any other manner
signed by the employed.
(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: -
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 Government.
Provided that if the Registering Officer fails to issue registration to an establishment, in case
application is complete in all respects so made or to entertain the application within the period
prescribed by Government, then such establishment shall be deemed to have been issued the
registration certificate 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.
13
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
10.
Payment of Fees for registration. - The fees payable under rules 6 and 9 shall be paid
through the portal. Such fee shall be credited to the treasury in the head of account as may be
specified by the Union Territory Administration of Lakshadweep from time to time.
11.
Notice of commencement and cessation of operation under Section 5.- 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-07 on the portal to the registering
officer and Inspector-cum-Facilitator appointed for class of establishment.
CHAPTER-III
DUTIES OF EMPLOYER AND EMPLOYEE
12.
Annual Health Examination of employees under clause (c) of sub-section (1) of
Section 6.- (1) Every employer of factory, dock and building or other construction work shall
arrange to conduct free of cost, medical examination for all the employees above the age of
forty-five years annually within 120 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-08 electronically or
otherwise and shall be made available to the Inspector-cum-Facilitator for inspection,
whenever required.
SCHEDULE
General
Establishments
Blood
Urine
Xray
Establishments
dealing with
Hazardous Process
or Hazardous
Substance or
Hazardous Waste
Blood
Urine
X ray
PFT
Sputum
Audiometry (if
applicable)
Any Other
test
recommended
by Inspector-
cum-
Facilitator
declared
under the
code
14
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
13.
Letter of appointment to employee under clause (f) of sub-section (1) of Section 6.-
Every employer shall issue an appointment letter to every employee required to work in an
establishment in the format as mentioned below:
(a) Name of the employee:
(b) Name of employee's father/husband/mother:
(c) Identification Number of employee:
(d) Name and address of establishment:
(e) (a) Registration number:
(b) Labour Identification Number:
(f) Designation:
(g) Terms of Service (including but not limited to Skill category):
(h) Wages (basic and other allowances, dearness allowance):
(i) Any other information:
Employer seal and Signature
14.
Notice of accidents: - (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 Inspector-cum-Facilitator 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-9.
(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 Inspector-cum-Facilitator in Form-9 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);
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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-9 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 Occurrences. -(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-9 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 classes of dangerous occurrences, whether or not they are attended by
personal injury or disablement, namely: -
(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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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;
16.
Notice of disease under sub-section (1) and (2) of Section 12.- (1) A notice in Form-
10 shall be sent forthwith to the Registering Officer or Designated Authority as the case may
be, 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-10 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.
17.
Manner of making report by employee - The employee shall submit the report in
Form-11 to the Safety Committee or Safety Officer or Employer with regard to unsafe or
unhealthy situation.
18.
Manner of sending report of action taken. - An Employer or Employee of an
establishment shall submit the report in Form-12 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
CHAPTER-IV
OCCUPATIONAL SAFETY AND HEALTH
19.
Constitution of Lakshadweep Occupational Safety and Health Advisory Board
under sub-sections (2) of Section 17.-
(1) The Lakshadweep Occupational Safety and
Health Advisory Board (hereinafter referred to in these rules as the Board) shall consist of the
following, namely: -
(i) Secretary (LE&T), UTLA
-
Chairperson (Ex-officio)
(ii) Director (LE&T), UTLA
-
Member
(iii) Director (Industries), UTLA
-
Member
(iv) SE, LPWD, UTLA
-
Member
(v) Director (Medical & Health Service), UTLA
-
Member
(vi) Labour Enforcement Officer, UTLA
-
Member Secretary
(vii) Two representatives of employers to be nominated by Secretary (LE&T), UTLA
as Members.
(viii) Two representatives of employees to be nominated by the Secretary (LE&T),
UTLA as Members.
(2) The terms of office of the members referred to in clauses (vii) and (viii) shall be of three
years.
20.
Notice of meeting and the agenda. - Notice intimating the date, time and venue of
every meeting together with agenda, to be discussed at the meeting, shall be sent by registered
post, email or by special messenger, to each member fifteen days before the meeting:
Provided that when the Chairperson calls a meeting for the consideration of any matter, which
in his opinion is urgent, notice of not less than three days shall be deemed sufficient.
21.
Absence from the State/UT. - If any member leaves the State/UT for a period of not
less than six months without intimation to the Chairperson, he shall be deemed to have resigned
from the Board
22.
Transaction of business. - Every question considered at a meeting of the Board shall
be decided by a majority of the votes of the members present and voting and in the event of
equal votes, the Chairperson shall have and exercise a casting vote.
23.
Quorum. - No business shall be transacted at any meeting of the Board, unless at least
one third of the members are present.
24.
Minutes of the meeting. - The minutes of every meeting, duly approved by the
Chairperson, shall be recorded by the Member- Secretary of the Board which shall be a
permanent record.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
25.
Fees and allowances. - Every non-official member of the Board shall be paid the fees
and allowance for attending a meeting of the Board at such rates as may be fixed by the Union
Territory Administration of Lakshadweep from time to time
26.
Resignation. - (1) A member of the Board, not being an ex-officio member, may resign
his office by a letter in writing addressed to Secretary (Labour) Union Territory Administration
of Lakshadweep and the Office of such a member shall fall vacant from the date on which his
resignation is accepted by the Secretary (Labour), Union Territory Administration of
Lakshadweep, or on the expiry of thirty days from the date of receipt of the letter of resignation
by the Administration of Lakshadweep whichever is earlier.
27.
Cessation of membership. -If any member of the Board, not being an ex-officio
member, fails to attend three consecutive meetings of the Board, without obtaining the leave
sanctioned by the Chairperson of such Board for such absence, he shall cease to be a member
of Board:
Provided that the Administration UT of Lakshadweep may, if it is satisfied that such
member was prevented by sufficient cause from attending three consecutive meetings, direct
that such cessation shall not take place and on such direction being made, such member shall
continue to be a member of Board.
28.
Disqualification for membership. -A person shall be disqualified for being a member
of the Board—
(a) if he is of unsound mind and stands so declared by a competent authority;
(b) if he is an un-discharged insolvent; or
(c) if he has been convicted for an offence, having a penalty of imprisonment of three
months or more;
29.
Removal from membership. -The Administration UT of Lakshadweep may remove
any member of the Board, if in its opinion such member has ceased to represent the interest
which he purports to represent on such Board:
Provided that no such member shall be removed unless a reasonable opportunity is
given to him of making a representation against the proposed action under this rule.
30.
Manner of filling vacancies.- When a vacancy occurs or is likely to occur in the
membership of the Board, the Member Secretary of the Board shall submit a report to the Union
Territory Administration of Lakshadweep and on receipt of such report, the Union Territory
Administration of Lakshadweep may, by notification, nominate a person to fill the vacancy and
the person so nominated shall hold office for the remainder of the term of office of the member
in whose place he is nominated.
31.
Collection and extraction of safety and health statistics. - (1) Every employer shall
submit the details of occupational safety and health statistics to the Union Territory
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Administration of Lakshadweep as well as to the office of Director General, Labour Bureau
electronically on portal in such form and manner as may be prescribed by the Central
Government from time to time.
(2)
Every inter-State migrant worker, whether employed or self-employed in the Union
Territory Administration of Lakshadweep shall get himself registered on portal as may be
developed for such purposes either by Union Territory Administration of Lakshadweep 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 a 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
objectives outlined in the Health and Safety Policy of the establishment;
(b)
dealing with all matters concerning health, safety and environment and to arrive
at practicable solutions to problems encountered;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 22(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:
(b)
Provided that for the purposes of this clause, there shall be an additional Safety
Officer for every five hundred workers or a fraction thereof; or
(c)
for factories carrying on hazardous process or establishments carrying on
building or other construction works, employing between two hundred fifty workers
and five hundred workers.
Provided that for the purposes of this clause, there shall be an additional Safety Officer
for every two hundred fifty workers or a fraction thereof.
(2)
A person shall not be eligible for appointment as a Safety Officer, unless he, -
(i)
possesses a degree of a recognised university or institution in any branch of
Engineering or Technology and has practical experience of working in a factory or
building or other construction work in a supervisory capacity for a period of not less
than two years or possesses a degree in Physics or Chemistry from a recognised
university or institution and has practical experience of working in a factory or building
or other construction work in a supervisory capacity for a period of not less than five
years, or possesses a recognised diploma in any branch of engineering or technology
21
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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/UT Administration of 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 Lakshadweep. Following shall be the duties of a Safety Officer,
namely: -
22
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
(10)
An employer of the establishment shall provide each Safety Officer with such facilities,
equipment and information as are necessary to enable him to discharge his duties effectively.
23
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(11)
No Safety Officer shall be required or permitted to do any work which is inconsistent
with or detrimental to the performance of the duties specified in sub-rule (10).
CHAPTER-V
HOURS OF WORK AND ANNUAL LEAVE WITH WAGES
34.
Condition 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.
24
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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-14.
36.
Extra Wages for overtime.- (1) In pursuance of Section 27 of Code, 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.
(2)
In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall
be counted as 30 minutes and in case of more than 30 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 shall exceed twelve hours in any one day under the
following works and circumstances in factories, dock works, mines and building or other
construction, 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 process on account of the break-down of machinery;
25
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Government in the Official Gazette as a
work of national importance;
Provided that no worker shall be allowed to work overtime exceeding one hundred twenty-five
hours in any quarter of a year.
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
in a week; 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-13.
(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.
26
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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. - The employer shall maintain a register of employees in
such form, as may be prescribed by the rules made by the Union Territory Administration of
Lakshadweep under the Code on Wages, 2019.
40.
Register of adolescent workers. - The employer shall maintain a register in such form,
as may be prescribed by the rules made by the appropriate Government under the Child and
Adolescent labour (Prohibition and regulation) Act 1986 as amended from time to time.
41.
Attendance record. - (1) Muster-roll: -
(a) The employer of every establishment shall maintain a muster-roll of all the workers
employed in the establishment in Form-14 electronically or otherwise showing, -
(b) the name of each worker;
(c) the nature of his work; and
(d) the daily attendance of the worker.
(e) ln case of establishments employing more than hundred workers, attendance shall
be marked within one hour and in other cases within half an hour of the start of the
duty.
(f) The register maintained under this sub-rule shall be preserved for a period of three
years after the last entry in it and shall be produced before the Inspector-cum
Facilitator on demand.
(2)
Attendance Card: -
(a) No worker shall be required or allowed to work unless he has in his possession
attendance card with up-to-date entries, in Form-15 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.
27
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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-16
electronically or otherwise.
43.
Register of leave with wages. - (1) The employer shall maintain a register of leave
with wages in Form-17 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-14, 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-18.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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-19 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
INSPECTOR-CUM-FACILITATOR AND OTHER AUTHORITY
51.
Qualifications and experience of Inspector-cum-Facilitator under sub-section (5)
of section 34: - The Union Territory Administration of Lakshadweep may appoint any Officer
as the Inspector-cum- Facilitator who possesses qualifications and experience deemed fit to the
post, -
52.
Power of Inspector – cum -Facilitator- 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 Inspector-cum-Facilitator shall recognize any laboratory
accredited with the National Accreditation Board for Testing and Calibration Laboratories for
taking samples and giving analysis report required under the Code.
(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-20 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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-21 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 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.
Qualification and experience of experts to be empanelled under section 37; - 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(v) age not more than sixty-five years.
56.
The 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 empanelled
expert(s).
57.
Qualification for the appointment of Medical officer under sub-section (1) of
Section 42.-The Medical Officer shall be a medical practitioner who possesses any recognised
medical qualification as defined in the National Medical Commission Act, 2019(30 OF 2019)
and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical
Register as defined in clause (l) of section 35, 36, 37 and 40 of the Act.
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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(x) operation of crane or heavy-duty machinery; or
(xi) such other occupation or process as may be notified by the Union Territory
Administration of Lakshadweep 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 under clause (c) of sub-
section (2) of section 42.- (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- 22, 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
ln 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.
(8)
Medical Officer shall maintain record of examinations under this rule in Form-23.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 for employment of Women in establishment under Section
43.- (1) The following conditions shall be met for employment of women during night or before
6.00 a.m. and beyond 7.00 p.m in any day, 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 (36 f 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, entry and exit of women employee should be well-lit;
(e) the toilet, washroom and drinking facilities should be near the workplace where such
women employees are employed; and
(f) Provide safe, secure and healthy working condition such that no women employee is
disadvantaged in connection with her employment.
(g) 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), as applicable to the establishments, shall
be complied with.
CHAPTER-IX
SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE
MIGRANTS
PART-I
CONTRACT LABOUR
61.
Conditions for issue of contract labour. - The licence issued under sub section 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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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-28 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
Un to 100
Fee for license
deposited
3000
Security to be
deposited
101-250
5000
Rs. 270/- per
worker
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 Union Territory
Administration of Lakshadweep from time to time.
(4)
After receiving application on portal, the designated authority shall issue license in
Form-25 within a period of forty-five days specifying the conditions laid down in rule 45.
(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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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-24 thirty days before the expiry of license.
(2)
The designated authority shall renew the license in Form-25 within thirty days from the
date of receipt of application.
(3)
If the designated authority fails to renew license to a contractor under the application
complete in all respect so made or to entertain the application within the period of thirty days,
then such license shall deemed to have been renewed on the expiration of thirty days.
(4)
Automatic Renewal of License. - (i) A license shall be renewed for one year digitally
through automatic mode if there is no change in particulars of license from the previous granted
or renewed license and other conditions required by Government.
(ii) For the purposes of clause (i) of sub-rule (4), every application for the renewal of license
shall be made in Form-27 together with the fees for a period of one year, and shall be
submitted on the portal not less than thirty days before the date on which the license is to
expire.
(iii)The fees for renewal of license for one year shall be as specified in the Schedule given
under Schedule under rule 46:
(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-26 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 46.
(3)
After receiving application on portal, the designated authority shall amend and issue
the license to contractor in Form-25 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 47 and 48, 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
35
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
the expiry of such period as prescribed under rules made by the Administration of Lakshadweep
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)
1t 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-27 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-28 to the 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 46.
(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-29.
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 kilometre from nearest bank;
(iii)
there is no automated teller machine within the radius of one kilometre of the
establishment;
(iv)
there is network hassle in the area;
(v)
When more than thirty three percent of total contract labour is not familiar with
banking transactions;
(vi)
The principal employer as well the contractor shall inform the concerned
Inspector-cum-Facilitator opting for a mode, other than the mode (s) specified in sub-
section (2) of section 55.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 the designated authority shall make entries
in register to be maintained in Form- 29.
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-30 to the Union Territory Administration of Lakshadweep
(2)
The Union Territory Administration of Lakshadweep shall refer the matter, within seven
days, to the designated authority.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(3)
The designated authority shall examine the matter within fifteen days from the date of
receipt.
(4)
The designated authority shall submit report, within next two days, to the Union
Territory Administration of Lakshadweep.
(5)
The Union Territory Administration of Lakshadweep shall pass an order within seven
days from the date of receipt of report
PART -II
INTER-STATE MIGRANT WORKER
76.
Journey allowance to Inter-State Migrant Worker under Section 61.- (1)The
employer shall pay a lump sum amount on account of fare for to & fro journey to inter-state
migrant worker by not less than II Class Sleeper in train or Bunk Class fare in ship or by bus
or any other mode of passenger transport from the place of employment to the place of
residence in the home- state if he has worked for a period of not less than 180 days in the
concerned establishment(s) in preceding twelve months;
Provided that the journey allowance shall be given to an inter-state migrant worker once in
twelve months. In the event of change of employer by the inter-state migrant worker during the
middle of the employment period and has not availed the journey allowance from his previous
employer, then on the basis of a certificate to be given by inter-state migrant worker, the
employer where the inter-state migrant worker is now working and the such worker has
completed one hundred and eighty days in preceding twelve months including the period spent
with the previous employer, then the employer shall give journey allowance.
(2) the employer shall maintain a register of journey allowance in Form 31 electronically or
otherwise
77.
Setting up of a Toll-Free helpline number to the inter-state migrant worker under
Section 63.-A Toll-Free help-line number shall be established, to address queries and
grievances of the inter-state migrant workers.
78
Study of inter-state migrant workers under Section 64.-The Administration may
identify the studies to be carried out to promote safety, health and welfare of inter-state migrant
workers with the assistance of expert organizations involved in the safety, health and welfare
of inter-state migrant workers.
PART -III
AUDIO- VISUAL WORKER
79.
Format of Agreement (1) 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-32.
39
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
80.
Submission of agreement. - The copy of agreement shall be forwarded by the producer
of the audio-visual programme to the Inspector-cum-Facilitator and the Inspector-cum-
Facilitator concerned.
81.
Dispute resolution Mechanism. - (1) Government shall notify a body to resolve the
dispute, arisen out of agreement between the parties, consisting of officers from labour
department, EPFO, Social Activist and an eminent advocate. One of member will be nominated
as chairman of the body.
(2)
District level body on receiving matter shall start conciliation within 3 days.
(3)
District level body for resolving the dispute may hold a meeting of the representatives
of both parties jointly or of each party separately in the office of chairman.
(4)
District level body shall conduct proceeding expeditiously and decide within 45 days
from date of start of conciliation.
(5)
The proceeding of dispute resolution shall be maintained by person nominated as
chairman.
(6)
The procedure for reference of dispute shall be in conformity with the Industrial
Relations Code 2020 and rules framed thereunder.
PART-IV
BEEDI AND CIGAR WORKERS
82.
License to use place or industrial premises for beedi and cigar work. - (1) Any
person who intends or allows to use any place or premise for beedi or cigar work shall submit
an application in Form-49 on portal for the grant of license along with fee specified in
Schedule-II under rule 149.
(2)
A licence in Form-50 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
83.
Plan of place or industrial premises for beedi and cigar work.- The plan of place or
industrial premises to be used for beedi and cigar work shall be as per the provisions of Rule
86 to 94 of these rules.
84.
Renewal of 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- 49, 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 Government.
(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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
PART-V
FACTORIES
86. Submission of plans of factory. - (1) The Administration of UT of Lakshadweep or the
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
Sl No.
Type of additions or alterations or extensions
1
Boundary Wall up to 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.
42
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(4)
Application for approval of the plans shall be made in Form-33 to the Inspector-cum-
Facilitator on portal along with the following documents/forms, namely: -
(a)
Land Diversion Certificate from the department of Revenue Department Union
Territory Administration of Lakshadweep.
(b) particulars of rooms in Form-34;
(c)details of manufacturing process showing raw materials or by-products or end
product along with the quantity or capacity;
(d) list of chemicals to be used or stored or produced along with quantity;
(e)details of cess paid; and
(f) such other document as the Inspector-cum-Facilitator may require.
(4A) Every person applying under this rule shall appoint a person declared as competent person
under the Code for drawing of building plans or structural drawings and for issuing the stability
certificate of the building.
(5)
The applicant and the competent person shall sign the application, plans, structural
drawings, specifications and the certificates as required in the relevant forms and documents,
before making submission.
(6)
All dimensions in the plan shall be indicated in metric units.
(7)
Colourings of plans shall be as under: -
Sl.
No
Item
Site and Building Plan (On
White Background
1
Plot line
.
Thick Black
2
Building lines
Thin Black
3
Open space
No colour
4
Construction to be approved
Blue filled in
5
Work proposed to be demolished
Yellow filled in
6
Proposed construction
Brown filled in
7
Drainage & sewerage work
Red dotted
8
Water Supply
Green dotted
9
Already approved construction
Orange filled in
10
Revised/Altered building
Pink filled in
11
Fire escapes
Orange dotted
12
Any other
Purple dotted
(8)
The site plan to be sent along with the application shall be drawn to a scale of 1: 100
for plots upto five hundred square meter in size and on a scale of 1:500 for plots above five
hundred square meter ln 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;
43
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Inspector-cum-Facilitator.
(9)
The application shall consist of building plans, sections and elevations shall be drawn
to the scale 1: 100 and shall include,
(a)
floor plans of all the floors together with covered area clearly indicating the size
and spacing of all framing members, sizes of rooms, staircases, ramps, lift wells, means
of lighting, ventilation, fire-escapes, position and size of plant or machinery or
equipment, drinking water points, details of urinals or latrines, roof materials, washing
facilities or drenching facilities, space for storing or drying of clothes, creche, rest-
rooms, mess-rooms, canteens, ambulance room or occupational health centre;
(b) one section from front showing the height of the building or room;
(c)
one
section through the staircase;
(d)
the schedule indicating the size of the doors, windows, openings and other
methods of ventilation of each room or area;
(e) provision for differently-abled person, photovoltaic solar power plant, rain water
harvesting system wherever required.
(f) The plans of building or structure to be used as factory shall not be approved unless
such plans meet the occupational safety and health standards declared by Central
Government under section 18 and 23 of the Code and such plans should also meet the
welfare facilities prescribed by Central Government under section 24 of the Code or
any other standards as may be prescribed by the Central Government or Union Territory
Administration of Lakshadweep 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
44
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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-35 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.
(4)
On receiving the application on portal, if the Inspector- Cum-Facilitator, is satisfied that
the Certificate of Stability and attached documents are in accordance with the rules, he may
forward the application to the Chief Inspector-cum-Facilitator for acceptance or may raise the
observations and thereafter, forward the same to the Chief Inspector-cum- Facilitator for
consideration and further action. The Chief Inspector-cum- Facilitator after examining the
report of Chief Inspector-cum-Facilitator shall, either accepts the certificate of stability or may
raise observations and application shall be return to applicant or agreeing with the report of the
Inspector-cum-Facilitator shall return the application to the applicant for resolving the
observations raised.
Provided that observations, by the authorities under the code, on application have to be raised
once only to the extent possible and any further observations may only be raised in case new
facts or new documents are submitted along with the resolution of the earlier observations.
(5)
The application is liable to be rejected in case the application is resubmitted twice
without resolving the observations raised or if the application not resubmitted within sixty days
from the date of observations raised.
(6)
The Stability Certificate accepted under this rule shall be valid for five years from the
date of acceptance.
45
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 36 for all building plan applications received,
permissions given or deemed to have been given or refused or returned under these rules.
93.
Specifications of rooms.- (1) The internal height of a work room shall be not less than
3.50 meters measured from the floor level to the lowest part of the roof and if the roof is of
corrugated iron which is neither covered with tiles nor has an inner ceiling or lining of heat-
resisting material with an air space of at least 10 centimetres between it and the corrugated
iron, the internal height shall be not less than 4 meters:
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
46
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
or any other standards as may be prescribed by the Central Government or Administration of
Lakshadweep from time to time.
94.
Processing fee for building plans. - (1) Processing fee, in respect of building plans, at
the rate Rupees one per square feet shall be paid along with application by the occupier.
(a) If the factory is on ground floor on total plot area and
(b)
If factory is having floors on total covered
area or total
plot
area
whichever is more.
(2) Processing fee to be paid under sub-rule (1) shall be paid on portal in such manner as may
be specified and shall be credited to the "HEAD" as may be specified by Union Territory
Administration of Lakshadweep 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-49 on portal for the grant of license.
(2)
A licence for a factory shall be granted in Form-50 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-50.
(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-49 stating the nature of the amendment three days before such change or within
47
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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)
lf 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-49 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 Government.
(ii) For the purposes of clause (i) of sub-rule (5), every application for the renewal of
license shall be made in Form-49 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-49 The designated authority shall
transfer the license after duty 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
48
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 Lakshadweep 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;
49
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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;
50
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Union Territory Administration of Lakshadweep 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-37, to the 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 Inspector-cum-
Facilitator.
51
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
Where a machine is so constructed that only one arm of the bottler at work up to it is exposed
to danger, a gauntlet need not be provided for the arm which is not exposed to danger.
(2)
The occupier shall provide and maintain in good condition for the use of all persons
engaged in corking, crowning, screwing, wiring, foiling, capsuling, sighting or labelling bottles
or syphons -
(a)
suitable face-guards to protect the face, neck and throat; and
(b)
suitable gauntlets for both arms to protect the arm and at least half of the palm
and the space between the thumb and forefinger.
(3).
Wearing of face guards and gauntlets. - All persons engaged in any of the processes
specified in paragraph 2 of this schedule shall, while at work in such processes, wear the face
guards and gauntlets provided under the provisions of the said paragraph.
52
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
53
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
(b) 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.
(v)
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.
54
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
8.
Medical examination by the Medical officer- (1)Every worker employed in the
electrolytic processes shall be examined by a Medical officer before his first employment Such
examination shall include X-ray of the chest and -
(a)
in
case of chromium plating include examination
for nasal septum
perforation and test for chromium in urine
(b)
in case of nickel platting, test for nickel in urine; and
(c)
in case of cadmium plating, test for cadmium in urine and -2 macroglobulin in
urine.
(2)
No worker shall be employed in any electrolytic process unless certified fit for such
employment by the Medical officer.
(3)
Every worker employed in the electrolytic processes shall be re-examined by a Medical
officer at least once in every year, except in case of the workers employed in cadmium,
chromium and nickel-plating processes for whom this examination shall be carried our once in
every six months. Such re-examination shall, wherever the Medical officer considers
appropriate, include tests as specified under sub-paragraph (1) excluding the X-ray of the chest
which shall not be required normally to be carried out earlier then once in three years.
(4)
The medical officer after examining a worker, shall issue a Certificate of Fitness in
Form-38. 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-39 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.
55
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
SCHEDULE-Ill
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 - ln 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;
56
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
57
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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-40.
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- 39 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
58
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
59
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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: -
(c) 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
60
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 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;
61
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
(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 an adequate supply of water laid on or always readily
available;
(3)
a sufficient supply of dean towels made of suitable material renewed daily with
sufficient supply of soap or other suitable cleansing material and of nail brushes; and
(4)
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 worker 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
(2)
15 days of first employment in the factory unless certified for such employment by the
Medical officer.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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)
lf 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
(c) similar abrasive;
(d)
"grinding" means the abrasion, by aid of mechanical power, of metal, by
(e)
means of a grindstone or abrasive wheel;
(f) "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;
(g)
"racing" means the turning up, cutting or dressing of a revolving
63
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(h)
grindstone before it is brought into use for the first time;
(i)
"hacking' means the chipping of the surface of a grindstone by a hack or
(j) similar tool; and
(k) "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:
(d)
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.
64
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
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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 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, shalt 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.
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(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
(a) 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.
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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 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 surtace
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
(c)
enclosure designed for the peliormance of blasting therein;
(d) "blasting chamber" means a blasting enclosure in which any person may
(e)
enter at any time in connection with any work or otherwise; and
(f)
"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.
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(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 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 Lakshadweep, 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.
(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-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 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.
(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.
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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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
(1)
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).
(2)
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.
(3) The Certificate of Fitness and the health register shall be kept readily available for
inspection by the Inspector-cum-Facilitator.
(4) 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
unless he is fully incapacitated in the opinion of the Medical officer, in which can the person
affected shall be suitable rehabilitated.
(5) 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.
(c)
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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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)
and 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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, 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.
(1)
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).
(2) 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.
(3) The Certificate of Fitness and the health register shall be kept readily available for
inspection by the Inspector-cum-Facilitator.
(4) 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.
(5) 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
(d)
chloride of lime;
(e) "chlorate" means chlorate or per chlorate;
(f) "caustic" means hydroxide of potassium or sodium;
(g)
"chrome process" means the manufacture of chromate or dichromate of potassium or
sodium, OT the manipulation, movement or other treatment of these substances;
(h)
"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;
(i)
the term 'permit to work' system means the compliance with the
(j) procedures laid down under Para 20 of Part II;
(k)
"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;
(1)
"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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(m) "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.;
(n) "manipulation" means mixing, blending, filling, emptying, grinding,
(o) sieving, drying, packing, sweeping, handling, using, etc.;
(p) "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 Inspector- cum-Facilitator;
(q) "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
® "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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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) Alt 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' shalt be of an appropriate type to ensure safety against the hazard prevalent in
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
that area such as suitability against dust, dampness, corrosion, flammability and explosively
etc. And shall confirm to the relevant ISi specifications governing their construction and use
for that area.
9.
Handling and storage of chemicals -
(1)
The containers for handling and storage of chemicals shall be of adequate strength
taking into consideration the hazardous nature of the contents. They shall also be provided with
adequate labelling and colour coding arrangements to enable identification of the containers
and their contents indicating the hazards and safe handling methods and shall conform to the
respective 1S1 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
11.
Personal protective equipment -
(1)
All workers exposed to the hazards in the processes covered by this Schedule shall be
provided with appropriate and approved type of personal protective equipment. Such
equipment shall be in a clean, sterile and hygienic condition before issue.
(2} The occupier shall arrange to inform, educate and supervise all the workers in the use of
personal protective equipment while carrying out the job.
(3) As regards any doubt regarding the appropriateness of any personal protective equipment,
the decision of the Chief Inspector-cum-Facilitator will be final.
12.
Alarm Systems -
(1)
Suitable and effective alarm systems giving audible and visible indications, shall be
installed at the control room as well as in all strategic locations where process control
arrangements are available so as to enable corrective action to be taken before the operational
parameters exceed the predetermined safe levels or lead to conditions conducive for an
outbreak of fire or explosion to occur. Such alarm systems shall be checked daily and tested
every month at least once to ensure its performance efficiency at all times.
(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 prov1s1on, 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
machinery required to be tested as aforesaid and evolve a suitable testing procedure. 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 pyrophoric 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 shalt 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 ls 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
18.
Entry into or work in confined spaces-
(a)
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 -
(b] 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:
(c) 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;
(d) 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;
(e) Shalt 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;
(f) 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.
(g) 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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
(2)
'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.
(3)
The occupier shall formulate a detailed plan to meet all such identified emergencies
including arrangements for summoning outside help for rescue and firefighting arrangements
for making available urgent medical facilities.
(4)
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.
(5) 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
(6) 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 11, Part 111, Part IV and Part V of this Schedule.
(7) 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.
(8) All the employees of the factory shall be trained about the action to be taken by them
including evacuation procedures during emergencies.
(9) All emergency procedures must be rehearsed every three months and deficiencies, if any,
in the achievement of the objectives shall suitably be corrected.
(10) 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.
(11) 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 disposed off suitably under the supervision
responsible person. Substances shall be of knowledgeable and
(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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
Firefighting systems -
(1) Every factory employing 250 or more persons and carrying out processes listed in Appendix
'A' shall provide -
(a) Trained and responsible firefighting 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 recognised government institution and their
usefulness enhanced by providing residence on the premises.
(c) Squad personnel shall be provided with clothing and equipment including helmets, boots
and belts.
(2) A muster roll showing the duties allocated to each member of the squad shall be prepared
and copies supplied to each leader as well as displayed in prominent places so as to be easily
available for reference in case of emergency.
(3) The pump man shall be thoroughly conversant with the location of all appliances. He shall
be responsible for maintaining all 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.
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(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 centimeters 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 centimeters in width or is 45 or more centimeters in width,
but is not securely fenced on both sides to a height of at least 90 centimeters, 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
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(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 11 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;
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(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
Up to 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 up
to 500 workers and one more medical officer for every 1000 workers or part thereof.
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(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
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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.
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(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.
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(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.
PARTX
Exemptions
Power of exemption - The Union Territory Administration of Lakshadweep or subject to the
control of the Administration of Lakshadweep, 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 coloring matters or their produced; intermediates are
(e) nitric acid is used in the manufacture of nitro compounds;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(0 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;
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•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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
•
Bandage sheets;
•
Burn sheet.
Poisoning:
•Syrup of Ipecac;}} Prepacketed 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
(e) cent of its dry weight, of a lead compound calculated as lead monoxide;
(f) "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 :
(g) 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;
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(h)"ground or powdered flint or quartz" does not include natural sands; and
(i) "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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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- Noglaze 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 -
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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, hemoglobin 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 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(a)
A cloakroom for clothing put off during working hours and such accommodation shall
be sperate 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- Theroom 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
105
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 centimeters 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 a 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 e!ectrolyser 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 exploslon.
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 ls 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 -
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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, hemoglobin 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 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.
[SJ 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.
7.
Exemptions - lf in respect of any factory, the Chief lnspector-cum-Facllitator 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.
108
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
1. Application - This schedule shall apply to al\ 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, tremoltte or any mixture thereof, whether crude,
crushed or opened;
(h)
"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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 controldust 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.
(2) Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus
being drawn into the air of any workroom.
(3) 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 shallbe 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 sub paragraph
(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 -
111
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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; in filling, beating, or levelling in the manufacture or repair
of insulating mattresses; and
(d)
in any other operation or circumstances in which it \s impracticable to adopt technical
means to control asbestos dust in the work environment within the permissible limit.
(2) Suitable accommodation in conveniently accessib\e 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 sh a11 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 periorm 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
112
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
every 15 persons employed. The washing places shall have standpipes place at intervals of not
less than one meter.
(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 - 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.
(c)
The
mess room sha11 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 maiority 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 bL1t 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
113
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 casethe 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 lnspector-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 al\ 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
114
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Lakshadweep 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 surtace 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 provide 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 liters 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 ofa
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 firefighting 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 orother 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 whatis 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 is 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 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 nitre 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) "Airline respirator" means a helmet or face piece with necessary connections by means of
which a person using it in a poisonous or irritant 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 maJ□rity 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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)
ls 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 nitre 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 wlth 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 nitre
or amino compound it shall be thoroughly washed and cleaned.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(b)
No part of the plant which contains nitre 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 equipment’s as specified in the table below: -:-
TABLE
Process
Protective clothing and other equipment’s
(i)
For manipulation of compounds
Mentioned in Appendix-A
(a)
Long trousers and shirts or overalls
with full sleeves and head coverings. The
shirt or overall shall cover the neck
completely; and
(b)
rubber hand gloves, rubber aprons,
rubber gum boots and airline respirator
(ii)
For manipulation of compounds
Mentioned in Appendix-B
(a)
White clean clothing mentioned
in (A) as above in addition to
white clean shirts. Singlet and
protective equipment's as
mentioned in (a) above
(b)
White long sleeve apron
14.
Instructions regarding risk - Every worker on his first employment in thesaid 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
122
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 dean
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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 personand 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 a11owed 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-I
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
APPENDIX-A
[SEE PARAGRAPH 2, 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 orseveral times, anilines and its homo1ogues(
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 fall 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 1s
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
ANIMALSOURCES 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 sha\l also beconsidered to the a competent person.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Provided further that the Administration of Oadra and Nagar Haveli and Daman & Diu 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. No person shall
be allowed to carry any matches or an open flame or fire inside the area round by the fencing.
(3) 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;
(4) 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) A\I 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
127
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
feeding water by gravity to condensers which shall come into play automatically with the
power failure.
B. 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 shal\ 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 asto 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 so\vent 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
128
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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; "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.
(h) "'Manipulations'· means mixing, blending, filling, emptying, grinding, sieving, drying.
packing, sweeping, or otherwise handling of manganese, or mixture containing manganese;
and
{f) "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
protectionofthe 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 pointof generation as practicable.
129
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 flndings 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 - lf 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 - XXl
MANUFACTURE, HANDLING AND USAGE OF BENZENE AND
SUBSTANCESCONTA\NING 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 1n which benzene or
substances containing benzene are manufactured, handled or used.
2.
Definitions - For the purpose of this schedule -
(u)
"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 1t 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, shallnot apply to the processes
specified in Appendix A.
132
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(3) The Chief Inspector-cum-Facilitator may, subject to confirmation by the Administration of
Lakshadweep, 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 shalt 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-
133
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 - ln factories in which benzene or
substances containing benzene are manufactured, handled orused, 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 - onefor 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 \n 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.
134
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(4)
The Certificate of Fitness and the health register shall be kept readily available for
inspection by the lnspector-cum-Faci\itator.
(5)
lf 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(8)]
1.
production of benzene
2.
process where benzene is used for chemical synthesis
3.
motor spirits (used as fuel)
APPENDIX-8 [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)
lf any time you are exposed to high concentration of benzene vapours
and exhibit signs and symptoms such as dizziness, difficulty in breathing,
135
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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)
lf 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. Provide him artificial respiration in case difficulty is being experienced in
breathing.
(c) ln 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 artificla\ 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
136
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 1n 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 alarrtl 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 !eve\ 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 separatorto prevent entry of pieces of charcoal
into the condensers and piping.
6.
Rupture discs and safety seal -
137
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 1n 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.
138
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
1s 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 sha\l 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 -
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 andthe 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 shallbe
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 algorithmic
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 –
Table- 1
Permissible Exposure in case of noise
Total time of exposure (Continuous or
number of short-term exposures as 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 140 dB peak sound pressure level is permitted.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 +
C2ff2......+. cnrrn 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 1s 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 Oba 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 ln
a year. The medical examination shallinclude 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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;
143
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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;
(n)
'"mechanical vibration"
means vibration
occurring
1n
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
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 1 hour
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(2)
The risk assessment should be reviewed whenever it is felt the changes in the process
makes the earlier risk assessment no \anger 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 \eve\ 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 1n 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 1n
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.
146
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
II. safe working practices to minimise exposure to vibration; and
Ill. 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;
JV.
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 specifyin 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,
1968and the rules made there under and any other product, as may be notified from time to
time by the Administration of Lakshadweep;
(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
147
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 shal\ 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
Jong 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 suppliedwith 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.
148
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 becleaned 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.
(1)
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. 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.
11.
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(ii) A register containing particulars of such examination and tests shall be kept in Form-42
electronically or otherwise.
12.
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.
13.
Washing and bathing facilities - (1) There shall be provided and maintained in a clean
state and in good repair for the use of al\ 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 5 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 is so ordered by the
lnspector-cum- Facilitator.
(S)
Sufficient supply of soap and nail brushes shall be provided.
14.
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.
15.
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.
16.
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 othef\Nise
is obtained from the Chief Inspector-cum- Facilitator.
17.
Medical examination by medical officer - (1) every worker employed in the processes
specified in paragraph 1 shal\ be examined by a Medical officer within15 days of his first
employment. Such examinations in respect of Halogenated Pesticides, shall include tests for
150
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 practitioner.
(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.
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 al\ 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 workingin 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 sha\\ 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
152
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
any gas or vapour generated at the point where such gas or fume originates;
(j)
"fume process" means any process in which carbon disulphide
or
hydrogen
sulphide is produced, used or given off;
(g) "life be\t" 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 weig htof 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; (eJ after treatment processes; and (_fl
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 iskept
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 ofthe 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 tothe Chief Inspector- cum-Facilitator forthwith.
6.
Prohibition to remain \n 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. Dumping
Overalls,
face- gloves and footware
shields. All of suitable materials made.
2. Spinning
Suitable apron, gloves and footwear
3. Process involving or likely to involve
contact with viscose solution
Suitable glove and footwear
4. Handling of sulphur
Suitable chemical goggles
5. Any other process involving contact
with hazardous chemical
Protective equipment as may be directed by
the Inspector -cum facilitator by an order in
writing
154
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 where fume process is apparatus,
(1)
There shall be provided in every factory carried on, sufficient supply of - breathing
(a)
oxygen and a suitable appliance for its administration, and
(b)
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.
(1)
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 shallbe 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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. lf 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
156
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 sha\1 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 MedicaI 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 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.
(5)
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 lnspector-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 lnspector-cum-Facmtator 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 -
157
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 orin 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 a\l 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;
158
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
B. 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 firefighting, 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 - lf 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
159
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 andthe 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 andcores, 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 -
160
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 fallowing requirements shall be abserved:-
(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.
(1)
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 andfirm condition.
6.
Cleanliness of indoor work places. -
(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
161
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 1.2 meters 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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 bul\ 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 partof a workroom has to be of sand.
(4)
ln 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.-
(l) 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 exceptin
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 anyperiod 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
163
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 FormA2 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;
164
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 !east 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
.
165
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 - lf in respect of any factory, the Chief \nspector-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.
166
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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, □offer 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 fibresat 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; "granett machine" means any number
167
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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;
(h) "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:
(i) "in-running rolls" means any pair of rolls or drums between which thereis a 'nip';
(j) "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;
(k) "Kier"' means large metal vat, usually. a pressure type in which fabrics may be boiled out.
bleached etc.
(l)
"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 \n place by read
and slay, and the fabric is wound on a cloth beam;
(m)
"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;
(n) "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;
(o)
'Nip" means the danger zone between two rolls or drums, which by virtue of their
positioning and movement create a nipping hazard;
(p)
"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;
(q)
"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;
168
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(r)
"Plating machine" means a machine used to lay cloth into folds of regular length for
convenience of subsequent process or use;
(s)
"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;
(t)
"rotary staple cutter" means a machine consisting of one or more rotary blades used for
the purpose of cutting textile fibres into staple lengths;
(u)
"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.;
(v)
"silver lapper" means a machine or a part of a machine in which a number of parallel
card silvers are drafted slightly, laid side by side in a compact sheet and wound into a cylindrical
package;
(w) "starch mangle" means a mangle which is use specifically for starching cotton goods, and
generally consists of two large rolls and a shallowopen vat with several immersion rolls;
(x)
·'sanfonzing machine" means a machine consisting of a large steam-heated cylinder and
endless, thick woollen felt blanket which is 1n close contact with the cylinder for most of its
perimeter and an electrically heated shoe which presses the cloth against the blanket while the
lateris in a stretched condition as it curves around feed-in roll;
(y)
"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.
(z) "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;
(aa) "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;
(ab) "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 he\d at the selvages by the two chains which diverge as they move forward so
that the cloth is brought to the desired width;
(ac) "warper" means a machine for preparing and arranging the yarn intended for the warp of
fabric, specifically a beam warper; and
(ad) "Water mangle" means a calendar having t\No or more rolls used for squeezing water form
fabrics before drying or for the finishing of various fabrics.
3.
General safety requirements;-
169
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 \n association with \t, 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 rolleras 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.
170
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
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 thein- 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 belocked 38 mm from vertical tangement to the
bean head.
12
Slashers: - (1) Cylinder dryers: - a) AH open nips of in running rolls shall beguarded
by nip guards conforming to the requirements in clause 7.
171
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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) .-
172
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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:
173
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 ironers. - Each flat-work or caller 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 lessthan1.83 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).
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 theperson
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 thefurnace. 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
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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 andfirm 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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.
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 ln-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 equipment’s.
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
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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, 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 - lf 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.
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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 andthe teeth of the saw shall not exceed 12
mm.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(iii)
For a saw of a diameter of less than 0.6 meter, the knife extends 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 centimetres.
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 securey guarded except the
portion of the blade between the bench table and the top guide.
9.
Planning Machines-
(I) a planning machine (other than a planning machine which is mechanically fed) shall not be
used for overhand planning unless it is fitted with a cylindrical cutter block.
(II) Every planning machine used for over hand planning shall be provided with a "bride"
guard capable of covering the full length and breadth of the cutting slot in the bench, and so
constructed as to be easily adjusted both \n a vertical and horizontal director.
(III) The feed roller of every planting machine used for thicknessing except the combined
machine for overhand planning and thicknessing, 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 ta 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 itwould be if guarded in the manner prescribed in this Schedule.
14.
Medical examination and records:-
(1)
Every worker employed on machinery to which this schedu!e 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 theperson
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).
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 shallbe 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.
• Horizontal-safety trap 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
(1)
Of good design and construction and of adequate strength;
(2)
Properly maintained: and
(3)
examined thoroughly by a competent person at regular intervals.
3.
Interlocking guard for drum or basket-
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 tothe 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 outsideof the machine casing.
6.
Exceptions: -Sub-paragraph (2) of paragraph 3, paragraphs 4 and 5 shall not app\y in
case of top lung machines or similar machines used in the sugar manufacturing industry.
SCHEDULE - XXXIII
POWER 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 moulding, pressing,
blanking,
raising,
purposes; metal or other industries for drawing and similar other
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 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 firsttime 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 oftwe\ve 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 examinedand 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;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 became 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
8.
Inspection and test of safety devices:
(1)
No power press shall be used after the setting, resetting or adjustment ofthe 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 lnspector-cum-Fac1litator of Factories is satisfied
that owing to the circumstances or infrequency of the processes or for any other reason, all or
any of the provisions of this schedule are not necessary for the protection of the workers
employed on any power press or in the factory, the Chief Inspector-cum-Facilitator may by a
certificate in writing (which he may in his discretion revoke at any time), exempt such factory
from all or ay of such provisions subject to such conditions, if any, as he may specify therein.
(2) Where such exemption is granted, a legible copy of the certificate, showing the conditions
if any. subject to which it has been granted, shall be kept posted in the factory on a place where
it may be conveniently read by the persons employed.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 beequipped 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 nonmetallic 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 ofthe guard
and the material will not exceed 6 mm (114inch) 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 ofthe 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
4.
Velocity or flow of the thermic fluid shall not be allowed to fall below the minimum
recommended by the manufactures while the heater ls 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 1n case the outlet temperature exceeds the specific minimum.
B. 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 m
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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
19.
Cleaning of internal surface of the heater so at checkup 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 MANUFACTUREOR RECOVERY
OFTHE 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.
(h) "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 ofan efficient
exhaust-draught, namely :-
(a)
grinding:
(b)
sieving;
(c)
batch mixing;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 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
191
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 theperson
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 Equipment’s
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 Equipment’s
Every person employed in a chrome process shall make use of the protective equipment
provided under rule 8
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 ls 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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(ii) more centimetres 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 asto 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 itcan 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
l. 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.
Equipment’s:
(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 ln 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.
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 trained in that job and
know of the hazards of fire, back-explosion. specially fire and
(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 Union Territory Administration of Lakshadweep shall constitute or reconstitute
a Site Appraisal Committee under the chairmanship of the Inspector-cum-Facilitator,
Union Territory Administration of Lakshadweep as and when necessary;
(b) the Union Territory Administration of Lakshadweep shall appoint a senior officer
of Department of Labour, Union Territory, Administration of Lakshadweep to be the
Secretary of the Committee;
(c)
the Union Territory Administration of Lakshadweep may appoint the following
as members of the Committee, namely: -
(i)
a representative of the Fire Department;
(ii)
a representative of the Department of Industries;
(iii) Member-Secretary, Pollution Control Committee;
(iv) a representative of the Department of Health; and
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(v)
the Administration UT of Lakshadweep may nominate one
person having experience in the field of occupational safety or
environment protection.
(2)
No member, unless required to do so by a court of law, shall disclose otherwise than in
connection with the purposes of the Code, at any time any information relating to the
manufacturing or commercial business or any working process which may come to his
knowledge during his tenure as a Member of this Committee.
(3)
Applications for appraisal of site. - (a) Applications for appraisal of sites in respect of
the factories covered under clause (za) of section 2 shall be submitted to the Chairman of the
Site Appraisal Committee; and
(b) The application for site appraisal shall be submitted electronically in Form- 41. 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.0. 1533
(E) dated 14-09-2006 under the Environmental (Protection) Act, 1986, issued by the
Government of India, Ministry of Environment and Forests, shall not be required to get
clearance from this Committee.
107.
Health and Safety Policy. - (1) The occupier of every factory, except as provided for
in sub-rule (2). shall prepare a written statement of his policy in respect of health and safety of
workers at work.
(2)
All factories: (a) covered under sub-clause (i) of clause (w) of section 2, but employing
less than fifty workers;
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 lnspector-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 1n 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.
(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
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THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 labelling. -
(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-42 in respect of every hazardous substance or material handled in the manufacture,
transportation and storage in the factory. It shall be accessible upon request to a worker for
reference.
(b)
The occupier while obtaining or developing a Material Safety Data Sheet in
respect of a hazardous substance shall ensure that the information recorded accurately reflects
the scientific evidence used in making that hazard determination. If he becomes newly aware
of any significant information regarding the hazards, of a substance or ways to protect against
the hazards, this new information shall be added to the Material Safety Data Sheet as soon as
practicable.
(2)
Every container of a hazardous substance shall be clearly labelled or marked to identity:
-
(a)
the contents of the container;
(b)
the name and address of the manufacturer or importer of the hazardous
substance;
(c)
the
physical and health hazards; and
(d)
the recommended personal protective equipment needed to work safely with the
hazardous substance.
(3)
In case a container is required to be transported by road outside the factory premises it
should in addition be labelled or marked 1n accordance with the requirements laid under sub
“rule (2).
109.
Disclosure of information to Workers. - (1) The occupier of a factory carrying on a
hazardous process shall supply to all workers the following information in relation to the
handling of hazardous materials or substances in the manufacture, transportation, storage and
other processes, namely: -
(a)
requirements of section 84;
(b)
a list of hazardous processes carried on in the factory;
198
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(c)
location and availability of all Material Safety Data Sheets as provided1n rule
108;
(d)
physical and health hazards arising from the exposure to or handling of
substances;
(e)
measures taken by the occupier to ensure safety and control of physical and
health hazards;
(f)
measures to be taken by the workers to ensure safe handling, storage and
transportation of hazardous substances;
(g) personal protective equipment required to be used by the workers employed in
hazardous process or dangerous operations;
(h)
meaning of various labels and markings used in the containers of hazardous
substances as provided under rule 108;
(i)
signs and symptoms likely to be manifested on exposure to hazardous
substances and to whom to report;
(j)
measures to be taken by the workers in case of any spillage or leakage of a
hazardous substance;
(k)
role of workers vis-3-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 Inspector-cum-Facilitator etc.- (1) The occupier of
every factory carrying on hazardous process shall furnish, in writing, to the 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-42, in respect of the
hazardous substances used, produced or stored in the factory shall be furnished to the Inspector-
cum- Facilitator.
(3)
The occupier shall also furnish any other information asked for by the 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
199
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
Lakshadweep Pollution Control Committee.
112.
Review of information furnished to workers etc.- (1) The occupier shall review once
in every calendar year and modify, if necessary, the information furnished under these rules to
the workers, the Inspector-cum-Facilitator.
(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 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
Inspector-cum-Facilitator stating the reasons for withholding such information. The 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 Inspector-cum-Facilitator may refer an appeal
before the Administration UT of Lakshadweep within a period of thirty days. The
Administration UT of Lakshadweep shall give an opportunity to the occupier of being heard
and pass an order. The order of the Administration UT of Lakshadweep shall be final.
114.
Qualifications of supervisors. - (1) All persons who are required to supervise the
handling of hazardous substances shall possess the qualifications and experience required
under the rule: -
(2) The experience stipulated in sub-rule (1) shall be in the relevant field.
115.
Issue of guidelines. - For the purpose of compliance with the requirements of section
84 or section 85, the 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.
200
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
116.
Medical examination of workers employed in hazardous process. - (1) Workers
employed in a 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- 39 electronically or
otherwise.
(2)
No person shall be employed for the first time without a certificate of Fitness in Form-
38 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 UT of Lakshadweep
shall not refuse to undergo such medical examination.
201
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
117.
Occupational Health Centres. - (1) In respect of any factory carrying on hazardous
process, there shall be provided and maintained in good order an Occupational Health Centre
with the services and facilities as per the scale laid down hereunder: -
(a)
For factories employing up to fifty workers -
(i)
the services of a qualified medical practitioner on retainership basis in his clinic
to be notified by the occupier. He will carry out the pre-employment and periodical medical
examination as stipulated in rule 116 and render medical assistance during any emergency;
(ii)
at least five persons trained in first-aid procedures amongst whom at least one
shall always be available during the working period; and
(iii)
a fully equipped first-aid box.
(b) For factories employing fifty-one to two hundred workers: -
(i) an occupational health Centre having a room with a minimum floor area of fifteen
square metres with floors and walls made of smooth and impervious surface and with adequate
illumination and ventilation as well as equipment as per the Schedule annexed to this rule;
(ii) a part-time qualified medical practitioner shall be the overall charge of the centre
who shall visit the factory at least twice in a week and whose services shall be readily available
during medical emergencies;
(iii)
one qualified and trained dresser-cum-compounder on duty throughout the
working period; and
(iv)
a fully equipped first-aid box in all the departments.
(c)
For
factories employing above two hundred workers: -
(i) 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 suliace
and adequate illumination and ventilation as well as equipment as per the Schedule annexed to
this rule.
(iii)
there shall be one nurse, one dresser-cum-compounder and one sweeper- cum-
ward boy throughout the working period; and
(iv)
the Occupational Health Centre shall be suitably equipped to manage medical
emergencies.
(2)
The qualified medical practitioner required to be appointed under sub-rule (1) shall
have any recognised medical qualification as defined in the National Medical Commission Act,
2019 (Central Act No. 30 of 2019) and should be enrolled on the National Register as defined
in clause (m) of section 2 or on the State Register as defined in clause (v) of section 2 of the
aforesaid Act and should possess a certificate of Training in industrial Health of minimum three
months duration recognised by the UT Administration of Lakshadweep:
202
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 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 Inspector-
cum-Facilitator may. subject to the condition that the said person shall obtain the aforesaid
certificate of training within a period of three years, relax the qualification.
(3)
The syllabus of the course leading to the above certificate and the organisations
conducting the Sate course shall be approved by the Director General, Factory Advice Service
and Labour Institute or the UT Administration of Lakshadweep 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 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
203
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
12.
Two clinical thermometers.
13.
Two tea spoons_
14.
Two graduated (120ml) measuring glasses.
15.
One wash bottle (1000 cc) for washing eyes.
16.
One bottle (one litre) carbolic lotion 1 in 20.
17.
Three chairs.
18.
One screen.
19.
One electric hand torch.
20.
An adequate supply of tetanus taxied.
21.
Coramine liquid (60ml.).
22.
Tablets-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 scalpel.
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
practioneraccord1ng to specific need elating to manufacturing process.
37.
in addition -
(1)
For
factories employing 51 to 200 workers-
1.
Four plain wooden splints 900 mmx 100 mmx6mm
2.
Four plain wooden splints 50 mm x 75 mm x 6mm.
3.
Two plain wooden splints 250 mm x 50 mm x 12 mm.
4.
One pair artery forceps.
5.
Injections-morphia, pethidine, atropine, adrenaline, coramine, novacan (2each).
6.
One surgical scissors.
204
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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,
nova can (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.
(1)
Emergency care equipment’s-
(i)
Resuscitation -
-- Portable suction unit, portable Oxygen units;
-- Bag-valve-mask, hand operated artificial ventilation unit;
-- Airways; -- Mouth gases: -- Tracheostomy adaptors;
-- Short spine board; -- I. V. Fluids with administration unit;
205
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
-- 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;
206
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Inspector-cum-Facilitator;
(ii)
the Health Authority of Central or Administration UT of Lakshadweep;
(iii)
Competent Authority in relation to employee's Compensation;
(iv)
the Director General Employees' State Insurance Corporation;
(121)
the Director, Employees State Insurance Corporation (Medical benefits); and
(vi)
the Director General, Factory Advice Service and Labour Institutes.
(2)
A copy of the up-to-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;
(r:)
"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).
207
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 timeweighted 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)
ln 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.
208
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 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
concentration
+ p p m
Mg/m3
p p m
mg/m3
Acetic acid
1
0
25
1
5
37
Acrolein
0
1
0.2
5
0
3
0.8
Aldrin-skin
-
0.5
8
_
0.7
5
Ammonia
2
5
18
3
5
27
Aniline-skin
2
10
5
20
Anisidine (o-
pisomera)-skin
1
1
0.5
-
-
Arsenic and
compounds
-
0.2
-
-
Benzene
1
0
30
-
-
Bromine
0
1
0.7
0
3
2
2-
Butanone(methylethyl)
(ketone-mek)
2
0
0
59
0
3
0
0
88
5
n-Buty la cetate
1
5
71
0
2
0
95
0
209
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
0
0
Secondary/Tertiary
Butyl Acetate
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 disulphide-
skin
2
60
3
0
90
Carbon mono oxide
5
0
55
4
0
44
0
Carbon tetra choloride
skin
1
0
65
2
0
13
0
Carbonyl chloride
(Phosgene)
0
1
0.4
-
-
Chlordane-skin
-
9.5
-
2
Chlorobenzone
(MonoChlorobeneze
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
-
-
Chrominum 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
(DicholoroDiphenyl
Trichloro-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
-
0.7
210
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
5
5
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
Isobutyl alcohol
1
0
0
36
0
1
2
5
45
0
Isobutyl alcohol
5
0
15
0
7
5
22
5
Lead fumes and dust
-
0.1
5
-
0.4
5
Libdane-skin
-
0.5
-
1.5
Malathion-skin
-
10
-
-
Manganess fumes
-
1
-
1
Mercury
-
0.0+5
-
0.1
5
Merury(alkyl
compounds)s kin
0.
0
0
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
41
0
1
2
51
0
211
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
0
5
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
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
tyrichloride
0.
5
3
-
-
Picric acid-skin
-
0.1
-
0.3
Pyridine
5
15
1
30
Saline (silicontetrahyd
ride)
0.
5
0.7
1
1.5
Styrene monorner
(Phenylethy lene)
1
0
0
42
0
1
2
5
52
5
Sulfur diodide
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
(nitrous oxide)
-
5
-
-
Xylene (o-m-p-
isomers)-skin
10
0
43
5
1
5
0
65
5
212
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Table -2
S.
No
Substance
Permissible time average concentration
1
Silica
a
Crystalline
I
Quartz
1
In term of dustcount = 1060/-
(% quartz +1 0) in mppcm
2.
In term of respirabledust = 10/
(% respire blequuartz +2) in
mg/cubic metre
3
In iterm of totaldust = 30/ (%
quartz + 3) in mg/cuhbic 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
Silicate 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
Portlite
1060 mppcm
e
Portland Cement
1060 mppcm
f
Soapstone
705 mppcm
g
Talc (nonbost)
-Do-
h
Tal (fibrous)
Same as for (a)
i
Tetomile
-Do-
3
Coal Dust
1
For airborne dust having not
more than 5% silicon dioxide
by weight
2 mg per cubic metres
2
For airborne dust having more
than 5% silicon dioxide by
weight
As for item (2) of quartz
213
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Table -3
Substances
Permissible limit for exposure
Ppm
Mg/m3
Acetic anhydride
5
20
O-Dichlorobenzene
50
300
Formaldehyde
2
3
Hydrogen chloride
5
7
Manganese & compound (as
Mn)
-
5
Nitrogen dioxide
5
9
Nitro-glycerine- skin
0.2
2
Potassium hydroxide
-
2
Sodium hydroxide
-
2
-2 2,4,6, -
Trinitrotoluene (TNT)
-
0.5
122 Appropriate authorities for appeal. - Inspector-cum-Facilitator of Union Territory
Administration of Lakshadweep 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
makes an application in Form-43 to the appropriate authority.
(2) The appropriate authority shall refer the matter within three days to any officer either not
below the rank of Joint Secretary to Government of India or any senior-most officer posted at
head-quarter.
(3) The officer authorized in sub-rule (2) shall examine the matter within fifteen days from the
date of receipt.
(4) The officer authorized in sub-rule (2) shall submit report within next two days to the
appropriate authority.
(5)
The appropriate authority shall pass an order within three days from date of receipt of
report.
124.
Persons holding position of supervision or management or confidential position
etc.- The following persons in factories shall be deemed to hold position of supervision or
management and to be employed in confidential position, namely: -
(i)
Managing Director, President, Chief Executive or Senior Vice-President, Vice -
President or General Manager;
(ii)
Deputy General Manager or Manger or Factory Manager;
(iii)
Deputy Manager or Deputy Factory Manager, Assistant Manager or Assistant Factory
Manager;
(iv)
Chief Welfare Officer or Welfare Officer or Lab our Welfare Officer;
214
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 Lakshadwweep 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.
215
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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.
(1) 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 rentat 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
instalment of wages payable to the worker after he resumes his work on recovery from certified
sickness.
216
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 heattends to work on any day for which
he has been granted sickness allowance.
133.
Creche for Plantation Workers. - (1) In every plantation wherein fifty or more
workers are employed or were employed on any day of the preceding twelve months, the
employer shall provide and maintain creche for the use of the children who are between the
age of 2 and 6 years.
(2)
Every creche shall be conveniently accessible to the parents of the children
accommodated therein.
(3)
There shall be not less than fifteen square feet of floor area for each child to be
accommodated in a creche.
(4)
The
building in which the creche is situated shall be of sound construction with a
good plinth.
(5) The plan of the cr8che building shall be in accordance with the standard plan or plans laid
down by the Inspector-cum-Facilitator.
(6) The creche shall be furnished with suitable furniture such as cots to lie down, benches to
sit, a hammock for each child below the age of two years, etc., and provided with toys and
other play things as may be specified by the Inspector-cum-Facilitator with the prior approval
of the Administration UT of Lakshadweep.
(7) A suitably fenced and shady open-air play-ground shall be provided for the children.
(8) The employer shall appoint a woman as Creche-in-charge to look after children during the
absence of their parents, who shall possess such qualifications and training as may be approved
by the Administration UT of Lakshadweep.
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 Lakshadweep 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 kilometre 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, -
217
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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
Inspector-cum-Facilitator, with prior approval of the Administration of Lakshadweep; 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;
218
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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- 39 electronically or
otherwise.
(2)
No person shall be employed for the first time without a certificate of Fitness in Form-
38 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 up-to-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.
219
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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 arrangements for cleaning and washing clean and
hygienic condition.
(3)
shall
include suitable and shall be maintained in a
(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 Equipment’s 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;
(J) 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 1n enclosed spaces, depending on the
label and Material Safety Data Sheet self- contained breathing apparatus for entry into
confined spaces.
220
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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) Government shall appoint an officer
of labour department 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-44.
221
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
146
Appellate Authority and manner of appeal. - (1) Administration UT of Lakshadweep
shall appoint an appropriate officer 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-45 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 UT of Lakshadweep from time to time.
147.
Officer and manner of composition of certain offences. - (1) The UT of
Lakshadweep Administration may notify an appropriate officer of the senior level 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-46 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). The officer mentioned in sub-rule (1) may authorize any
officer of the Labour Department to submit copy of decision of composition before the officer
who imposed penalty or the court where prosecution is instituted
(4) The amount of composition received during the month shall be credited to the fund
mentioned in sub-section (1) of section 115 for the unorganized workers, before the 7th day of
the succeeding month.
(5)
The amount of composition received and credited shall be recorded in a register to be
maintained in Form-47.
CHAPTER-XI
SOCIAL SECURITY FUND
148.
Social security fund. - (1) The Inspector-cum-Facilitator shall maintain record of the
social security fund, in Form-48.
(2) The social security fund administered shall be credited to the Lakshadweep Unorganized
Workers Social Security Board constituted under the Code on Social Security (Lakshadweep)
Rules, 2025.
222
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(3)
The social security fund may also be expended on welfare schemes of the Lakshadweep
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
Lakshadweep
(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, 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-49 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 by the Administration from time to time.
(3)
The designated authority upon being satisfied, shall issue license in Form- 50 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.
223
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
SCHEDULE- I
Fees for the grant of licence for a factory for one calendar year Number of workers
Load
Connection
in
Kilowatts
Up to
19
From
20 to
50
From
51 to
100
From
101 to
150
From
151 to
250
From
251 to
500
From
501 to
1000
From
1001
to
1500
From
1501
to
2500
Above
2500
Without
power
1000
1500
2000
2500
3000
4000
5000
6000
8000
10000
Up to 50
1500
2000
2500
3000
4000
5000
6000
8000
10000
15000
From 51 to
100
2000
2500
3000
4000
5000
6000
8000
10000
15000
20000
From 101
to 150
2500
3000
4000
5000
6000
8000
10000
15000
20000
25000
From 151
to 250
3000
4000
5000
6000
8000
10000
15000
20000
25000
30000
From 251
to 500
4000
5000
6000
8000
10000
15000
20000
25000
30000
35000
From 501
to 1000
5000
6000
8000
10000
15000
20000
25000
30000
35000
40000
From 1001
to 2000
6000
8000
10000
15000
20000
25000
30000
35000
40000
50000
From 2001
to 3000
8000
10000
15000
20000
25000
30000
35000
40000
50000
60000
From 3001
to 4000
10000
15000
20000
25000
30000
35000
40000
50000
60000
70000
From 4001
to 5000
15000
20000
25000
30000
35000
40000
50000
60000
70000
80000
Above
5000
20000
25000
30000
35000
40000
50000
60000
70000
80000
100000
Schedule – II
In respect of industrial premises for beedi and cigar work
Number of workers to be employed
Fee for licence
21-100
15000
101-150
25000
151-200
35000
201-250
50000
251-500
75000
501-750
100000
751-1000
125000
Above 1000
100000
224
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Schedule – III
In respect of engagement of Contractors
Number of workers to be employed
Fee for licence
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; possesses such qualification
and experience as may be specified by government from time to time for such class of
establishments as government may think fit.
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 so.
152.
Inspection Scheme. - Administration of Lakshadweep may lay down a randomized-
computerized inspection scheme with an inspection checklist as per the provisions under the
code and rules made thereunder through notification in the official gazette.
153
Self Certification Scheme. - Administration of Lakshadweep may lay down a self-
certification scheme through notification in the official gazette.
225
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
Organisation
Period of Service
Designation
Area of
Responsibility
8. Memberships, 1f 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 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 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 is true
Place
Signature
Date
226
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 another statute
or in any other state (if so, furnish details)
6.
Particulars of persons employed and possessing qualification and experience
Sl.
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
Undertaking
I……………………. certify that shri………………………………whose details are
furnished above, is in our employee 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 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)
To notify 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 Inspector-cum-Facilitator from time to time.
I……………………….
hereby declare that the information furnished above are
correct to the best of my knowledge
Date
Place
Signature Head of Institution
227
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-03
[See rule 4 (8)]
Certificate of competency issued to a person or an institution
I....................... in exercise the power conferred on me under section 2(1) of The
Occupational Safety, Health and Working Conditions Code 2020 and the rules made there
under, here by recognize Shri (if employed in Name of institution). .............to be competent
person for the purpose of preparation of plans, carrying tests, examinations, inspections and
certification for such buildings, dangerous machinery, lifts, tackles, pressure plants, confined
space, ventilation or plant and equipment as the case may be in an establishment located in
Union Territory of Lakshadweep under section [
] of the Code and the rules made
there under.
This certificate is valid from..................to.......................
This certificate is issued 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 Inspector-cum-Facilitator may think fit.
Place
Date
official seal & signature
Chief Inspector-cum-Facilitator
Union Territory Administration of Lakshadweep
228
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-04
(See Rule-6(1))
Application for Registration for existing establishments/New Establishment/Amendment to
certificate of Registration
A.
Establishment Details.
1.
Retrieve details of Establishment through LIN:
2.
Name of Establishment:
3.
Location and Address of the Establishment:
4.
Others detail of Establishment:
a.
Total Number of employees engaged directly in the establishment:
b.
Total Number of the contract employees engaged:
c.
Total Number of Inter-State Migrant workers employed:
5 (a) For factories:
Details
of
the
manufacturing process
Full postal address and situation
of the factory along with plan
approval details
Name and address
of the occupier and
manager
Maximum number of
workers
to
be
employed on any day
1
2
3
4
5 (c) For Dock work:
Name of dockWork /
Major Port
Types of Dock
Works
Name
of
the
Cargo
handled
and stored along
with quantity
Name of the
chemicals
handled and
stored along with
quantity
Name of the
hazardous
chemicals
handled and
stored along
with quantity
1
2
3
4
5
5 (d) For building and other construction work:
Type of Construction
work
Probable period of
commencement of work
Expected period for
completion of work
Details of approval
of the local
authority
1
2
3
4
229
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
6.
Ownership Type/Sector:
7.
Activity as per National Industrial Classification:
8.
Details of Selected NIC Code:
9.
Identification of the establishment e-sign/ digital sign of employer/ representative:
B.
Details of Employer: -
1.
Name & Address of Employer / Occupier / Owner/Agent/ Chief Executive/ port
authority etc:
2.
Designation :
3.
Father’ s/ Husband’ s Name of the Employer:
4.
Email Address, Telephone& Mobile No:
C.
Manager/ Agent Details
1.
Full name & Address of Manager/ Agent or person responsible for supervision and
control of the Establishment
2.
Address of Manager/ Agent:
3.
Email Address, Telephone& Mobile No:
D.
Contractor Details
Name and
Address
Contractor
Email
address&
Mobile of Contractor Name of Work
Maximum No. of
Contract
labour
engaged
Date
of
Commencement /
Probable date of
Completion
of
work
1
2
3
4
5
E.
Others Details: -
Signature/ E-sign/digital sign of employer
Dated: -
Place: -
230
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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
Sl.
No
Name
Father/Husband
Name
Permanent Address
Aadhaar
Mobile
Town/
Village
District
Signature of the Employer
FORM-06
(See Rule-7(2))
Register of Establishment
SI.
No
.
Nature of work
Registratio
n No. and
Date
Name and
Address,
location of
the
establishment
registered
Name,
Address
and
Contact
Details
of
Employ
er
Total
number of
Workers
and Total
Horsepowe
r
( if any)
Total
numbe
r of
contra
ct
Worke
rs
Remarks
1
2
2
3
4
5
6
(a)
Factories
(b)
Mines
(c)
Dock Work
(d)
Building
and other
Constructi
on work
(e)
Contract
work
(f)
Interstate
Migrant
Work
(g)
Any
other
Work (not
covered
above)
231
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-07
(See Rule-11)
A- Notice of Commencement / cessation of Establishment:
1.
Registration No:
2.
Name and Address of Establishment:-
3.
Name & Designation of employer/ Port authority (who has ultimate control over the
affairs of the establishment :-
4.
Full address to which communication relating to the establishment to be sent: -
5.
Nature of work of the establishment: -
6.
In case of the notice is for commencement of work the approximate duration of work:
7.
in case of cessation, the date of cessation:
I/We hereby intimate that the work of establishment having registration No.………
…… ……………………………. dated
is likely to commence/cessation is likely to be
completed
with
effect
from…………………………………………………….
(Date)/
On…………………. (Date)
In case of cessation of work:
I/we hereby certify that the payment of all dues to the workers employed in the
establishment have been made and the premises are kept free from storage of hazardous
chemicals and substances.
Signature of the Employer
To,
The Inspector-cum-Facilitator
232
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-08
(Rule-12)
Health Register
Sl. No.
Name of employee
Date of Employment
Age
Gender
Nature of Job
Date
of
Medical
Examination
Result
of
Medical
Examination
Signature
of
qualified
medical practitioner
Signature of employer
233
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-09
(See Rule-14 & 15)
NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE
E.S.I.C. Employer’s Code number
:
E.S.I.C. Insurance Number of the injured person
:
1.
Name of employer
:
2.
Address of works / premises where
the accident or dangerous occurrence took place
:
3.
Nature of industry and LIN of the establishment
:
4.
Branch or department and exact place where the
accident or dangerous occurrence took place
:
5.
Name and address of the injured person
:
6.
(a) Sex
:
(b)
Age (at the last birthday)
:
(c)
Occupation of the injured person
:
7.
Local E.S.I.C. Office to which the injured person is attached
:
8.
Date, shift and hour of accident or dangerous occurrence
:
9.
(a) Hour at which the injured person started work
on the day of accident or dangerous occurrence
:
(b)
whether wages in full or part are payable to him for
the day of theaccident or dangerous occurrence
:
10.
(a) Cause or nature of accident or dangerous occurrence
:
(b)
If caused by machinery-
(i)
Give the name of machine and the part causing the accident or dangerous
occurrence
:
(ii)
state whether it was moved by mechanical power at the time of accident
or dangerous occurrence
:
(c)
State exactly what the injured person was doing at the time of accident or
dangerous occurrence :
(d)
In your opinion, was the injured person at the time of accident or dangerous
occurrence -
234
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(i)
acting in contravention of provisions of any law applicable to him; or
(ii)
acting in contravention of any orders given by or on behalf of his employer; or
(iii)
acting without instructions from his employer?
(e)
In case reply to (d) (i), (ii) or (iii) is in the affirmative , state whether the act was
done for the purpose of and in connection with the employer‘s trade or business. :
11.
In case the accident or dangerous occurrence took place while travelling in the
employer‘s transport, state whether -
(a)
the injured person was travelling as a passenger to or from his place of of works;
(b)
the injured person was travelling with the express or implied permission of his
employer;
:
(c)
the transport is being operated by or on behalf of the employer or some other
person by whom it is provided in pursuance of arrangements made with the employer;
and
:
(d)
the vehicle is being/not being operated in the ordinary course of public transport
service :
12.
In case the accident or dangerous occurrence took place while meeting emergency,
state- (a) its nature ; and
(b)
whether the injured person at the time of accident or dangerous occurrence was
employed for the purpose of his employer‘s trade or business in or about the premises
at which the accident or dangerous occurrence took place. :
13.
Describe briefly how the accident or dangerous occurrence took place
:
14.
Names and addresses of
witnesses
:
(1)
(2)
15.
(a) Nature and extent of injury (e.g. fatal, loss of finger, fracture of leg, scald, scratch
followed by sepsis, etc.)
:
(b)
Location of injury (e.g. right leg, left hand, left eye, etc.)
16.
(a) If the accident or dangerous occurrence was not fatal, state whether the injured
person was disabled for more than 48 hours :
(b) date and hour of return of work :
17.
(a) Physician, dispensary or hospital from whom or which the injured person received
or is receiving treatment
:
235
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(b)
Name of dispensary/panel doctor elected by the injured person
:
18.
(a) Has the injured person died ?
:
(b)
If so, date of death
:
I certify that to the best of my knowledge and belief the above particulars are correct in every
respect.
Signature and Name and Designation of
owner/ employer /manager/agent
Date of dispatch of report:
Place:
FORM 10
(See Rule 16)
Notice of Disease
1.
Name of the Establishment
2.
Address of the Establishment
3.
Address of employer
4.
Nature of activity being carried out
5.
Particulars of worker/ employee
(a)
Name
(b)
Address
(c)
Gender
(d)
Age
6.
Precise occupation of worker/employee
7.
Nature of disease from which worker/employee is suffering
Signature of employer or Qualified Medical Practitioner
236
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-11
(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-12
(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
237
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-13
[See Rule-38]
NOTICE OF PERIODS OF WORK
Name
of
the
Establishment…………………………Place…………………………………District………
……………
Periods of
work
Groups,
Relays
Men
Women
Descripti
on of
Groups,
Natu
re of
work
Remarks
Total no. of men employed
Total no. of women
employed
A
B
C
D
E
F
G
H
1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3
On working days
From..
To
..
From ..
To
..
From ..
To
..
On partial Working days
From ..
To
..
From …...
To……....
Signature of manager or agent
Date on which this notice is first exhibited:
Date:
238
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM -14
[See rule 35, 41, 44(1)]
Muster-Roll
Name and address of establishment
Month and Year
Period of Work and rest period (time and coding)
Sl. No.
Name
Gender
Department
Employees/ Adolescent
register entry Number
Whether Local or Interstate
Migrant
Date from 1st of month to
last date to the month
O/T hours
Weekly of
Weekly rest days lost due to
exempting order along with
date or exemption order
Date of compensatory
holidays given
Lost rest days carried to
ne t ear
Remarks
Daily O/T hours
Weekly O/T hours
FORM-15
[(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 Work
Date
From
To
239
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-16
(See Rule-42)
REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES
Name of
Injured
person (if
any)
Date of
Accident
or
dangerou
s
occurrenc
e
Date
of
report
to
Inspector-
cum-
Facilitator
Nature of
accident or
dangerous
occurrence
Date of return
of injured
Person to
work
Number of days
the injured
Person was absent
from work
1
2
3
4
5
6
FORM-17
[See Rule-43]
REGISTER FOR LEAVE WITH WAGES
Part I - Adults
Part II - Adolescents
Establishment:
Name of worker:
Department:
Father’s Name:
Sl.
No
Sl.no. in
the register
of workers
Date
of
entry
into
servi
ce
Interruptions
Lea
ve
due
with
effe
ct
from
Whether
leave not
desired
during
the next
12
months
Date
from
which
the
worker
is
allowed
leave
Wag
es
for
Leav
e
Paid
in
Dischar
ged
worker
Re
m
ark
s
Sicknes
s and
accident
s
Authoriz
ed Leave
Lock
Out
or
Lega
l
Strik
e
Involuntary
unemploym
ent
Other
s
Date of
Dischar
ge
Date
&
amou
nt
of
payment
made in
lieu of
leave
due
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Note:- Separate page shall be allotted to each worker
240
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM -18
(See rule 46)
Name of Authorities
Name of establishment
Address of establishment
Employer’s Name
Details of Inspector-Cum – Facilitator
Name
Address
Email
Details of medical officer of the area
Name
Address
Email
FORM-19
(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
ownerships
(a)
Public sector
(b)
Private sector
(c)
Joint sector
(d)
Co-operative sector
(e)
Proprietorship
241
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(f)
Partnership
(g)
Government department/local authority
(h)
L.L. P,
10.
ls the establishment seasonal?
Particulars
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
Adolescent
Total
11
No. of days worked in year.
12
(i) No. of Man-days worked during the year
(ii) Average number of employees and workers employed daily (man-days worked
divided by days worked)
Particulars
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
Particulars
Male
Female
Total
Local
Migrant
Local
Migrant
Local
Migrant
Adult
Adolescent
Total
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
dangerous
process or
operation
carried on
Average
number of
persons
employed
daily in each
of the process
of operation
given
Number of persons
Medically examined
Declared unfit
Male
Female
Male
Female
1
2
3
4
5
6
242
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(i)
(ii)
(iii)
Etc
16. In respect of establishments carrying on processes or operation declared hazardous
under section, furnish the following information.
Name of
dangerous
process or
operation
carried on
Average
number of
persons
employed
daily in each
of the process
of operation
given
Number of persons
Medically examined
Declared unfit
Male
Female
Male
Female
1
2
3
4
5
6
(i)
(ii)
(iii)
Etc
Leaves With Wages
Particulars
Total
Number
of
workers
Number
of
workers
entitled
for leaves
with
wage
Number of
workers
granted
leave
Number of
workers
dismissed/
died
/discharged/
left
the
services
Number
of
workers
in respect
of whom
wages in
lieu
of
leave
were paid
Adult
Male
Female
Adolescent Male
Female
Safety Officer
243
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Number of Safety Officer required
Number of Safety officer appointed
Welfare Officer
Number of Welfare Officer required
Number of Welfare officer appointed
Welfare Facilities
Shelter or Rest-Rooms or Lunch- Rooms
Canteen
Creches
Ambulance Room
Accidents
Type of Accident
Number of Accident Man-days
lost
In
case employee or
worker returned to
duty during year in
which
accident
occurred
Man-days lost
In case employee or
worker returned to
duty during
succeeding year in
which
accident
occurred
Fatal
Non-fatal
Dangerous
occurrence
Total
244
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM -20
[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 – 21
[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 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 the samples on receipt was as follows:
Signed this …………………………………………….day
of ………………………………..20…………….
245
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
Address…………………………………………………………………………….
Signature (Laboratory Analyst)
FORM – 22
(See rule 59)
Certificate of Fitness
Certificate Number:
Date:
1. Name of Adolescent
:
2. Father’s Name
:
3. Address
:
4. Gender
:
5. Age
:
6. Descriptive marks
:
7. Remarks
:
Name and Signature of Medical Officer
FORM – 23
[See rule 59 (8)]
Register of medical examination of adolescents
S.No.
Name of
Adolescent
Address Date of
examination
Date of
deposit
of fee
Whether
fit to
unfit
Signature
of
adolescent
Signature
of
medical
officer
246
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 24
(See rules 62 and 63)
Application for grant, renewal of license or work specific license for a contractor
(i)
Whether the application if for: (a) grant of license (b) renewal of licences (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 the
establishment.
(c) Number & date of Certificate of registration of the establishment under the code.
(d) Name and address of the Principal Employer:
(v)
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 interstate migrant workers to be employed: Fill details in Form No. 5 as
mentioned in Rule 6
(vi)
Amount and particulars of License fee deposited;
(vii)
Amount and particulars of security deposit, if any, of requested to be adjusted:
Signature of the Applicant – Contractor
247
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 25
[See rules 62(4), 63(2) and 64(3) License to contractor
Union Territory of Lakshadweep Administration
Office of Designated Authority under the Occupational Safety, Health and Working
Conditions Code 2020
No: ……………………………..
Date:
…………………………………
Fee paid……………………………
Security deposited …………………………..
License 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 license if 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 :
248
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 26
(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
249
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 27
[See Rule-67]
Register of Contractors
Sr.
No.
Licence number and
date
Name and address of
the Contractors
Nature activity to be
under taken by the
contractor
Maximum workers to
be employed on any
day
Probable
date
of
commencement
Date of cessation
Details of amendment,
if any
Renewed upto
1
2
3
4
5
6
7
8
9
FORM – 28
(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
250
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-29
(See rules 70 and 73)
Register of Security Deposit/Refund/Release
S.No. Name and
Address of the
Contractor
Amount
of security
deposited
Dated of
Security
deposit
Amount
released
from
security
deposit
for
payment
Reference
of order of
authority
for release
of
payment
from
security
deposit
Remarks
1
2
3
4
5
6
7
FORM – 30
[See rule 75(1)]
Application under section 57(2)
a. Name of aggrieved party:
b. Address of communication:
c. Details of grievance:
d. Reasons of claim:
e. Details of documents attached:
FORM – 31
[See Rule 76(2)]
Register of Journey Allowance
Name and Address of establishment:
Establishment registration number:
S.
N
o
Name
of
inter-
state
worker
Entry in
Employee’s
Register/adoles
cent worker
register
Perman
ent
address
of inter-
state
worker
Period
of
journe
y
Number
of
family
member
s
Mode
of
journey
Amo
unt
paid
Signatu
re of
inter-
state
worker
251
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM-32
(Under Rule-72)
Agreement between Producer and Audio-visual worker
This agreement is made on this day ............ month ................year.......... between Messers
having office at........................
(Hereinafter
referred
to
as
the
―Producer‖) on
the
first
part
and
Shri/Smt/Kum
.....................son/daughter/wife of Shri .................. residing at
(hereinafter referred to as
the ―audio-visual
worker‖) on the second part. The terms Producer’s and ‗audio-visual worker‘shall include their
heirs, successors, administrators and legal representatives:
Now, therefore this agreement is made as follows:
1.
That both the parties agree that the duration of this agreement shall be from the date
hereof till the completion of the audio-visual 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 worker 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 installments.
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
audio-visual production, 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 production.
5.
That in case the assignment of the audio-visual worker is completed earlier than 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 production, whichever is earlier.
6.
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
252
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 traveling allowances to and
fro to report to duty and food allowance while on duty as are customary or fixed by bilateral
arrangements between the Producer‘s and audio-visual worker‘s representative organizations.
9.
That the Producer shall also pay for all travelling and accommodation expenses, fares,
cost of food and such other allowances as are customary when the audio-visual worker is
required to work on location outdoors.
10.
That the Producer shall get the audio-visual worker insured for any injury or damage to
his/her person including death caused by accident arising out of or in the course of his/her
employment and/or during the period of his/her assignment under this agreement.
11.
That where the Producer is prevented from proceeding with the production of the audio-
visual by reason of fire, riot, natural calamity, order of the public authority or any other reason
beyond his control :-
(a)
he shall be entitled to suspend the operation of this agreement during the period
of suspension of production in case the production is suspended. The producer shall
serve notice in writing of such suspension on the audio-visual worker and shall pay all
his/her dues up to the date of service of such notice. Upon resumption of work on the
film, this agreement shall revive and shall remain valid for the period stipulated in
Clause I excluding the period of suspension therefrom ; or
(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 audio-visual and the work he/she has
completed till the date of termination of this agreement. Termination under this clause shall not
253
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
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 worker‘s 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 audio-visual 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 film.
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 may direct and shall comply with all reasonable instructions that he may give for the
production of the film.
17.
That the Producer shall also pay for all traveling 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.
18.
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.
19.
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 there from ; or
(b)
he shall be entitled to terminate this agreement as form 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.
254
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
20.
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 been
titled to employ another audio-visual worker in his/her place.
21.
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 audio-visual 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 provide before
a forum comprising equal number of representatives of the Producers‘ Organisation and the
audio-visual worker‘s 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 favor of such termination and the audio-visual worker has
been paid all his dues.
22.
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 audio-visual and
at the same time, it shall be option of the audio- visual workers whether or not to allow his/her
name to go on the credit titles of the film.
23.
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.
24.
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 may direct and shall comply with all reasonable instructions that he may give for the
production of the film.
25.
That the audio-visual worker shall comply with all the regulations of the studio, location
or work place as the case may be.
26.
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.
27.
That the provisions of the Employees ‘Provident Funds and Miscellaneous Provisions
Act, 1952 shall be
Applicable to this agreement.
255
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
28.
That the Producer shall not utilise the work of the audio-visual worker in any film, other
than the audio-visual 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 – 33
[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
256
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 34
[See rule 86(4) (c)]
Particulars of Rooms
Name and Address of the Factory
Name of floors:
Whether having basement:
Name/Numb
er of room
(as in plans)
Length
(X-axis
Coordinat
e)
Breadth
(Y-axis
Coordinat
e)
Height (Z-axis
Coordinate)
Area
Area
occupied by
machinery/ot
her fixtures
Volum
e
Maximu
m
Mininu
m
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Breathin
g space
Ventilatio
n
Lightin
g level
(in lux)
Maximu
m
capacity
of room
(persons)
Number
of
persons
likely to
be
employe
d in
room
Purpos
e for
room
to be
used
Constructio
n period
Remark
s
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
257
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 35
[See rule 88]
Stability Certificate
1. Name of the factory
2. Address of factory
3. Name of occupier of the factory
4. Nature of manufacturing process to be carried on in the factory
5. Number of floors of the factory
I certify that I have inspected the building / buildings, the plans of which have been
approved by the Chief Inspector-cum-Facilitator vide letter No..... Dated and examined the
various parts including the foundations with special reference to the machinery, plant, etc. that
have been installed. I am of the opinion that the building / buildings which has / have
constructed / reconstructed / extended I taken into use is / are in accordance with the plans
approved by the Chief Inspector vide his letter mentioned above, that it/ they is I are structurally
sound and that is I their use as a factory I part of the factory for the manufacturer of
…………………….. for which the machinery, plant etc. installed is intended. The building is
safe against various loads, forces and effects due to process to be carried out in the factory or
due to natural forces.
Signature of competent person and date Name of competent person
Address of competent person
Signature of Occupier and date
Name of Occupier
258
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 36
[See rule 92]
Register of Building Plans of Factories
Sr.
No.
Name
and
Address
of
Factory
Date of
submission
Date of
Date of
amendment
Date
of
refusal
Date
of
return
Processing fee
Remarks
Regular
approval
Deemed
approval
Amount date
FORM – 37
[See rule 105]
Monthly Return
Return for the month ending on …………………………………………………
Name of the factory …………………………………………………………………..
Address of the factory ……………………………………………………………….
License Number …………………………………………………………………………
Name of the hazardous process/dangerous operation undertaken
……………………………………………………
Number
of
Workers/e
mployees
normally
employed
during the
month
Number
of
Workers/e
mployees
employed
in the
hazardous
manufact
uring
process
Date of
examinat
ion of the
worker/e
mployees
engaged
in the
dangerou
s
operation
Name
and
addre
ss of
the
exami
ning
medic
al
office
r
Number
of
workers
/employ
ee
examine
d
Number
of
workers/e
mployees
declare fit
Number
of
workers/e
mployees
declared
unfit with
details
Details of
alternativ
e work
given to
Workers/e
mployees
who have
declared
unfit
1
2
3
4
5
6
7
8
259
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 38
[See rule 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 – 39
[See rule 105,116,141]
Health Register
Sr. No.
Name of worker
Serial Number in employees register
Sex
Age
Date of Employment on present work
Date of leaving or transferred to other
work
Reason for leaving Transfer or discharge
Nature of job or occupation
Date of medical examination by medical
officer
Results of medical examination
If suspendeded from work, state period
of suspension with detailed reason
Reecertified fit to resume duty on (with
sginature of medical officer)
If certifying of unfitness or suspension
issued to worker
Signature with date of medical officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
260
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 40
(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
261
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 41
(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 kilometer 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)
Mazimum 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.
262
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
(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)
Enclosed 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 athat the information furnished above is correct to the best of my knowledge
and nothing has been concealed while furnishing it
Signature
Date
Designation
263
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM -42
(See rules 108, 109 and 110)
Material Safety Data Sheet
1.
CHEMICAL IDENTITY
[i]
Chemical Name
[ii]
Chemical Classification
[iii]
Synonyms Trade Name
[iv]
Formula
[v]
C.A.S No
[vi]
U. N. No
2.
PHYSICAL AND CHEMICAL DATA
[i]
Boiling Range/Point oC
[ii]
Physical State Appearance
[iii]
Melting Freezing Point oC
[iv]
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]
Auto ignition Temperature
[vi]
TDG
[vii]
Explosive
[viii] Sensitivity to impact
[ix]
Explosion Sensivity to Static Electricity
[x]
Hazardous Combustion Products
[xi]
Hazardous Poly merisation
[xii]
combustible Liquid
[xiii] Corrosion Material
[xiv]
Flammable Material Oxidiser Other Pyrophoric Material Organic Peroxide
264
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
4.
REACTIVITY DATA
[i]
Chemical Stability
[ii]
Incompatibility With other Material
[iii]
Reactivity
[iv]
Hazardous Reaction Products
5.
Health Hazard Data
[i]
routes of Entry
[ii]
Effects of Exposure / symptoms
[iii]
Emergency Treatment
[iv]
ILV (ACGIH) ppm mg/m3
[v]
STEL ppm mg/m3
[vi]
Permissible Exposure Limit Id ppm mg/m3 Odour Threshold ppm mg/m3 50LD
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 OF REFERENCE :
9.
MANUFACTURE AND SUPPLIERS DATA
[i]
Name of firm
[ii]
Mailing Address
[iii]
Telephone / Telex contract person
265
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
[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
railable but no representation guaranctee or warranties of any kind are made as to its
accuracy. Suitability for a particular application or results to be obtained from them.
It is up to the manufacturer / seller to ensure that the Information contained in the
material safety data sheet is relevant to the product manufacture handled or sold by
him as the case may be. The Government makes, no warranties expressed or implied
in respect of the adequacy of this document for any particular purpose.
FORM – 43
(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
266
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 44
(See rule 145)
Penalty Register
……………………… (Address
of office)
For the month of ……………………. (Name of month with year)
Sl.
No
Name
and
Address
of
Person
on
Whom
penalty
imposed
Name and
address of
establishm
ent in
relation to
person on
whom
penalty
imposed
Data and
number
of
reference
of
imposing
penalty
Offenc
es for
which
penalt
y
impos
ed
Amoun
t of
deposit
Date
of
deposi
t
Whether
appeal
preferre
d
Signatu
re of
officer
imposin
g
penalty
Remarks
1
2
3
4
5
6
7
8
9
10
I)
Total penalty collected at the end of month
II)
Details of transfer of amount to fund
III)
Date
IV)
Amount
V)
Bank details of transfer
Signature and seal of
office
267
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 45
(See rule 146)
Performa for Appeal before the Appellate
Authority against Order of Imposing Penalty
To
Appellate Authority
(Under Section 111(2) of the Code)
Sir,
I undersigned with following details prefer an appeal against order of ………………..
(details of officer imposing penalty) under section 111(2) of the Occupational Safety, Health
and Working Conditions Code 2020.
1.
Name and address of the establishment.
2.
Name of the person preferring appeal and address details
3.
Amount of penalty imposed by the officer.
4.
Ground for Appeal with supporting documents Declaration
I/We hear by declare that the particulars given above are true to the best of my/our
knowledge and belief and I/We hereby declare that nothing has been concealed on any fact has
been mis-represented in the above calculation made by me/us.
Signature of person preferring appeal
Name :
Date :
Place :
Mobile Number :
E-mail (If any)
268
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM -46
[See rule 147 (2)]
APPLICATION UNDER SUB-SECTION (1) OF SECTION 114 FOR COMPOSITION
OF OFFICE
To
The authorized officer
[under section 114 (1)]
1.
Name of applicant
:
…………………………………………………………………………
2.
Father’s / Husband’s name of the applicant ………………………………….
3.
Address of the applicant …………………………………….
4.
Name and address of establishment in relation to applicant
……………………………
5.
Particulars of the offence …………………………………………
6.
Section of the Code under which the offence is committed ………………………….
7.
mazimum 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
269
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 47
[See rule 147 (6)]
Compounding / composition
Register (address of office)
For the month of ……. (Name of month with year)
Sr. No
Name and address of
person of whom
offence compounded
Name and address of
establishment relation
to person of whom
offence compounded
Date and number of
references of
composition /
compounding
Offences which are
compounded
Amount of Penalty
Date of deposit
Whether appeal
preferred
Signature of officer
Remarks
1
2
3
4
5
6
7
8
9
10
[a]
Total penalty collected at the end of month
[b]
Details of transfer of amount to fund :
[i]
Date
:
[ii]
Amount :
[iii]
Bank details of transfer :
Signature and Seal of officer
FORM – 48
(See rule 148)
Record of Social Security Fund
S.
No
Amount
received
for fund
Source
from
received
Date of
receive
Details of credit to the Union Territory
Administration of Lakshadweep
Unorganized Workers Welfare Board
Amount
Date
Bank details
1
2
3
4
5
6
7
270
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 49
(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)
Emil
(e)
Mobile number
5.
Full name and address of the owner of the Premises of 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 aof 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 of Contractor
c
Industrial premises
DSC of Employer / Occupier
271
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
FORM – 50
(See rules 82, 96 and 149)
Common License For Factory / Beedi & Cigar Work / Engaging Contract Labour
Administration of Lakshadweep
Office of designated authority under section 119 of The Occupational
Safety, Health And Working conditions code 2020
License number :
Date 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.
Torun 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 (UT of Lakshadweep)
LGP.Kvt.N.85/04-26/10