Draft Rules, Puducherry Occupational Safety, Health and Working Conditions Rules,2022, which the Government o…

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Registered No.

PY/44/2021-23

Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY

∂]ÔV´D ÿ✓u≈ Publiée par Published by

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®ı Amﬂºƒˆ A>[˛wÁ\ 2022 } gÔ¸' | 24 { No. 39 Poudouchéry Mercredi 2 4 Août 2022

No. Puducherry Wednesday 24th August 2022

(2 Bhadra 1944)

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 09/AIL/Lab./G/2022, Puducherry, dated 2nd August 2022)

NOTIFICATION

The following Draft Rules, which the Government of Puducherry, proposes to make in exercise of powers conferred by sections 133 and 135 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of General Clauses Act, 1897 (Central Act 10 of 1897) and in supersession of,-

1. The Puducherry Building and Other Construction Employees

(Regulation of Employment and Condition of Services) Rules, 2002;

[ 451 ] 452 LA GAZETTE DE L'ETAT [PART–II

2. The Puducherry Factories Rules,1964;

3. The Contract Labour (Regulation and Abolition) Puducherry

Rules, 1972;

4. The Inter-State Migrant Workmen (Regulation of Employment

and Conditions of Service)Puducherry Rules, 2013; and

5. The Puducherry Motor Transport Employees Rules, 1972,

except in respect of things done or omitted to be done before such

supersession, are hereby notified as required by sub-section (1) of

section 133 and sub-section (1) of section 135, for information of all

persons likely to be affected thereby and notice is hereby given that

the said draft Notification will be taken into consideration after the expiry

of a period of 45 days from the date on which the copies of the Official

Gazette, in which this Notification is published, are made available to

the public;

Objections and suggestions if any, may be addressed to the

Commissioner/Secretary to Government, Labour Department, Government

of Puducherry,by e-mail to the e-mail [email protected]. The objections

and suggestions should be sent in a pro forma containing column (i)

specifying the name and address of the persons and organizations and

column (ii) specifying the revised rule or sub-rule proposed to be

submitted and column (iii) specifying the reasons therefor;

Objections and suggestions, which may be received from any

person or organization with respect to the said Draft Notification before

expiry of a period of 45 days, specified above, will be considered by the

Government of Puducherry.

(By order of the Lieutenant-Governor)

S.D. SUNDARESAN, I.A.S.,

Secretary to Government (Labour).

453

PART–II] LA GAZETTE DE L'ETAT

DRAFT RULES

CHAPTER–I

PRELIMINARY

1. Short title, extent and commencement.— (1) These rules may be called the Puducherry Occupational Safety, Health and Working Conditions Rules,2022.

(2) They extend to whole of the Union territory of Puducherry;

(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) "Appellate Authority" mean, an authority prescribed by the Government of Puducherry under section 90 or sub-section (3) of section 111 or sub-section (6) of section 119 as the case may be;

(b) "Appellate Officer" mean, the Officer as notified by the

Government of Puducherry under section 4 of the Code;

(c) "Authority" means, an authority designated by Puducherry Government under sub-section (1) of section 5, sub-section (1) of section 10, section 11, sub-section (1) of section 12, sub-section (3) of section 66, sub-section (1) of section 119 and section 133 as the case may be;

(d) "Code" means, the Occupational Safety, Health and Working

Conditions Code,2020;

(e) "Compounding Officer" mean, an officer notified by the

Government of Puducherry under section 114;

(f) "District Magistrate" include, the Additional District Magistrate and any other officer appointed by the Government of Puducherry in that behalf.

(g) "electronically" means, any information submitted by digital mode or uploading on the designated portal or digital payment in any mode for the purpose of the Code;

(h) "Enquiry Officer" means, an Officer appointed by the

Government of Puducherry for holding enquiry under section 111;

454 LA GAZETTE DE L'ETAT [PART–II

(i) "Form" means, a Form annexed to these rules;

(j) "Government" means, Administrator of the Union territory of Puducherry appointed by the President of India under Article 239 of the Constitution.

(k) "Registering Officer" mean, the Registering Officer appointed under section 3 of the Code by the Government of Puducherry for the purposes of these rules;

(l) "Schedule" means, a Schedule annexed to these rules;

(m) "Section" means, the section of the Code;

(n) "Social Security Fund" means, Puducherry Social Security Fund established under section 115 of the Social Security Code, 2020;

(o) "State Advisory Board" means, the Puducherry Occupational, Safety and Health Advisory Board established/constituted under section 17 of the Code;

(2) The words and expressions used in these rules and are not defined herein, but, are in the Code, shall have the respective meaning assigned to them in the Code.

CHAPTER–II

REGISTRATION

3. Sources of Income for the purposes of the explanation to clause (x) of sub-section (1) of section 2.— A member of the family having income up to rupees five thousand per month from all sources, or, any other income notified by the Employees State Insurance Corporation (ESIC) for the purpose of availing medical benefit under the Scheme, shall be included as dependent for the purpose of these rules.

4. Substance or quantity of substance under clause(zb) of sub-section (1) of section 2.— For the purpose of this clause, "hazardous substance" mean, any substance or such quantity of substance as may be specified by the Government of Puducherry by way of notification.

5. Late fee for the purpose of proviso to sub-section (1) of section 3.— The Registering Officer as notified by Puducherry Government shall register any establishment to which this Code applies after expiry of period prescribed under this Code on payment of late fee, at the rate of 455

PART–II] LA GAZETTE DE L'ETAT

25% per annum of the total fee to be deposited for such registration with the officer, electronically or otherwise along with the prescribed fee from the time the Code is implemented.

6. The manner of submitting application under sub- section (2) of section 3 and the Form of such application and the particulars to be contained therein and the fees to be accompanied therewith.— (1) The employer seeking registration for an establishment not already registered shall apply before Registering Officer, electronically in Form-I on the Official Portal of Labour Department, Government of Puducherry, by giving details about the establishment and uploading documents related to registration of the establishment, proof of Identity and address of the employer(s) as specified in the Form. The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

(2) The Permanent Account Number (PAN) of the applicant or the establishment allotted under Income Tax Act, 1961 or any other unique number allotted to the establishment under any other Act for the time being in force or any other particular furnished in the Form, may be verified online.

(3) The following fee shall be deposited along with the registration application electronically on the portal for the registration of establishments,

Establishments employing up to 9 workers ` 1,000

Establishments employing 10 t o 19 workers ` 2,000

Establishments employing 20 t o 49 workers ` 3,000

Establishments employing 50 t o 99 workers ` 5,000

Establishments employing 100 t o 149 workers ` 7,000

Establishments employing 150 t o 199 workers ` 10,000

Establishments employing 200 t o 499 workers ` 15,000

Establishments employing 500 t o 999 workers ` 20,000

Establishments employing 1000 and above ` 30,000

Provided that no registration fee shall be charged for the establishments already registered under Central Labour Laws for updation of information.

456 LA GAZETTE DE L'ETAT [PART–II

(4) The certificate of registration shall be issued in such Form as may be prescribed by the Central Government electronically immediately if, the application is complete in all respects, but, not later than seven days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

(5) The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at a conspicuous place(s) in hard copy and electronically in the website of the employee.

(6) The Registering Officer under the Code may direct the employer who fails to comply with the requirements of sub-rule (1), to do so within the time stated therein and such employer shall, thereupon comply with the instructions issued by the officer in this behalf.

(7) The employer in respect of an establishment which commences its work in Puducherry already registered under any other Central Labour Law for the time being in force shall, update the registration particulars on the Official Portal of Labour Department, Government of Puducherry, within six months from the date on which the Code comes into force.

(8) Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause, electronically or by registered post, as to why the certificate of registration should not be cancelled.

(9) The employer shall quote the Registration Number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, and in all correspondence with the office concerned.

(10) Any change in the ownership, management or any particular furnished in Registration Form submitted on the specified portal, shall be updated on the portal by the employer within thirty days of such change by submitting an application online in such Form as may be prescribed by the Central Government.

(11) The employer of an establishment to which the provisions of the Code apply and whose business activities are in process of closure apply for cancellation of registration online on the Official Portal of Labour Department, Government of Puducherry after giving complete details of the dues payable under the Central Labour Codes.

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PART–II] LA GAZETTE DE L'ETAT

(12) The registering officer shall maintain a register of establishment electronically in Form-III showing the particulars of establishments in relation to which certificates of registration have been issued by him.

(13) The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector- cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be, the work is to be executed, the actual date of the commencement, completion of work and cessation of establishment, as the case may be, in Form-IV annexed to these rules, electronically and the same shall be auto shared to Employment Provident Fund Organisation and Employees State Insurance Corporation.

7. Appeal under section 3A.— (1) The employer aggrieved by the order of Registering Officer, may appeal against such order before the Appellate Officer appointed by the Government of Puducherry, for such purpose within thirty days from the date of receipt by him of such order, electronically or otherwise.

(2) Where, the memorandum of appeal is in order, the Appellate Officer shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form to be kept for the purpose called the register of appeals.

(3) When the appeal has been admitted, the Appellate Officer shall send the notice of the appeal to the Registering Officer, against whose order the appeal has been preferred and the Registering Officer shall thereupon send the records of the case to the Appellate Officer online electronically or otherwise.

(4) On receipt of the appeal, the Appellate Officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal electronically or by registered post.

(5) If, on the date fixed for hearing,the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellants by sending the copy of the order to the applicant electronically or otherwise.

458 LA GAZETTE DE L'ETAT [PART–II

(6) Where an appeal has been dismissed,the appellant may

apply electronically to the Appellate Officer for the restoration of the

appeal within thirty days from the date of receipt of the order and if,

the Appellate Officer is satisfied that the appellant was prevented by

sufficient cause from appearing, the Appellate Officer shall restore the

appeal.

(7) The order of the Appellate Officer shall be communicated

electronically or by registered post to the appellant and copy thereof

shall be sent to the Registering Officer against whose order the appeal

has been preferred and shall be disposed of within a period of thirty

days from the date of receipt of appeal.

8. The Form and manner of sending the notice and authority to

whom the notice shall be sent and the manner of intimating the authority

under sub-section (1) of section 5.— The employer of every

establishment to whom these rules apply shall within thirty days of the

commencement or cessation of operation,submit to the Registering

Officer in Form-IV, electronically or otherwise and the notice of cessation

of operation shall be enclosed with a certificate 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.

CHAPTER–III

DUTIES OF EMPLOYER AND EMPLOYEE

9. Annual health examination or test free of costs of such employees,

age of employees or class of employees or establishment or class of

establishments under clause (c) of sub-section (1) of section 6.— Every

employer of factory, building and other construction work, dock work

and motor transport undertakings shall arrange to conduct free of cost

medical examination for every worker, annually, i.e., within 120 days from

the commencement of every calendar year, who has completed 45 years

of age. The medical examination shall be conducted by a qualified medical

practitioner as per proforma in Form-V and such Medical Certificate shall

be submitted to the concerned employer and employee.

459

PART–II] LA GAZETTE DE L'ETAT

10. The information to be included in the letter of appointment and the Form of such letter to be issued under clause (f) of sub-section (1) of section 6.— No employee shall be employed in any establishment unless he has been issued a letter of appointment in Form-VI :

Provided that an employee who has not been issued an appointment letter containing the required particulars, shall be issued an appointment letter within three months of coming into force of this rule.

11. The nature of bodily injury and the manner of notice and the time within which the notice shall be sent and the authority to which the notice shall be sent under sub-section (1) of section 10 and section 11.— (1) Where at any place in an establishment, which is a factory, building or other construction work spot or dock or a motor transport undertaking, an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-VII electronically or otherwise and inform by telephone to the Inspector-cum-Facilitator or, Chief Inspector-cum- Facilitator and District Magistrate, Competent Authority as notified by the Puducherry Government under Social Security Code, 2020 and the family members/kin of the injured or deceased person.

(2) Where, at any place in an establishment which is factory, building and other construction work, dock work or motor transport undertaking, an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident, the employeror occupier or manager of the establishment shall forthwith send a notice in Form-VII within twelve hours after the completion of forty eight hours, electronically or otherwise to the Inspector-cum-Facilitator.

(3) Wherein, an establishment there is any dangerous occurrence as specified in the schedule annexed hereto, whether causing any bodily injury or disability or not, a notice in Form-VII shall within twelve hours be sent to;-

(a) The Chief Inspector-cum-Facilitator;

(b) District Magistrate;

460 LA GAZETTE DE L'ETAT [PART–II

Provided that if, in the case of an accident or dangerous occurrence, death occurs to any person injured by such accident or dangerous occurrence after the notices and reports referred to in the foregoing sub-rules have been sent, the employer of the establishment shall forthwith send a notice thereof by telephone and electronically or

otherwise to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within 12 hours of the death:

Provided further that if, the period of disability from working for 48 hours or more referred to in sub-rule (2) does not occur immediately following the accident, or the dangerous occurrence, but

later, or occurs in more than one spell,the report referred to shall be sent to the Inspector-cum-Facilitator in the prescribed form within 24 hours following the hours when the actual total period of disability from working, resulting from the accident or the dangerous occurrence, becomes 48 hours.

(4) No injured person shall be allowed to return to work without

a ftness certifcate issued by a qualifed Medical Practitioner.

(5) Wherever, the person injured does not return to work in the establishment before the expiry of 21 days after the occurrence of the accident with or without disablement and wherever the person injured returns to work in the establishment after sustaining compensable disablement as a result of the accident, the employer of the

establishment shall send to the Inspector-cum-Facilitator within 28 days of the occurrence of the accident, a written report and follow it up as necessary with further reports once every fortnight thereafter, until the final report on the date of return to work of the person injured is made. In the event of the person injured not returning to work of his own accord or otherwise, the full circumstances of the same should also

be reported to the Inspector-cum-Facilitator by the employer of the establishment within seven days of his name being removed from muster roll of the establishment. Even if, the person injured were to be covered by the Employees' State Insurance Scheme, it shall be the responsibility of the employer of the establishment to obtain the relevant information for the purpose of this rule and report the same to the Inspector-cum-

Facilitator.

461

PART–II] LA GAZETTE DE L'ETAT

SCHEDULE

The following shall be construed as classes of dangerous occurrences, whether or not 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 or gases;

(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 framework,

(vii) contact work, excavation and collapse of transmission;

(viii) Spillage or leakage of hazardous substances and damage to

their container;

(ix) Collapse, capsizing, toppling or collision of transport

equipment within the establishment;

(x) Fall from altitude of any excavation, loading or transport

machinery;

462 LA GAZETTE DE L'ETAT [PART–II

(xi) An instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a 'bump') in working below ground;

(xii) A rock-burst in working below ground; a premature collapse

of any part of the working;

(xiii) A breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered;

(xiv) A slide causing injury to any person, damage to any

machinery, or interruption of normal mining operations;

(xv) Failure of dump or side in open cast working; a blow out;

(xvi) 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; or

(xvii) A major uncontrolled emission of petroleum or chemical

spillage.

12. The Form of notice related to certain diseases and the time

within which the notice shall be sent and the authority to which the

notice shall be sent under sub-sections (1) and (2) of section 12.—

(1) A notice in the following format shall be sent forthwith electronically, to the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator, by the employer or occupier or Manager of an establishment in which there occurs any disease as notified under the Third Schedule of the Code.

NOTICE OF DISEASE

(1) Name of establishment:

(2) Nature of establishment:

(3) Details of Patient-

(a) Name of Patient:

(b) Worker ID number of Patient:

(d) Precise occupation of Patient:

463

PART–II] LA GAZETTE DE L'ETAT

(4) Nature of disease from which patient is suffering:

(5) Date of detection of disease:

(6) Details of Medical Practitioner:

(7) Has the case been reported to the Medical Officer.

Date : Signature of Employer/Occupier/Manager.

(2) If, any qualified Medical Practitioner attends on a person

who is or has been employed in an establishment and who is or is

believed by the qualified Medical Practitioner to be suffering from any

disease specified in the Third Schedule, the qualified Medical Practitioner

shall without delay send a report in writing to the office of the Chief

Inspector-cum-Facilitator and Inspector-cum-Facilitator stating,-

(i) the name and full postal address of the patient;

(ii) the disease from which he believes the patient to be

suffering; and

(iii) the name and address of the establishment in which the

patient is or was last employed.

13. The Manner of making report by employee under clause(d)

and other duties to be performed by employees under clause(g) of

section 13.— If, an employee comes to know about any unsafe or

unhealthy condition in the establishment, he shall report to the employer,

health and safety representative or Safety Officer or agent as soon as

practicable, electronically or telephonically or otherwise.

14. Manner of sending report of action taken under sub-section (3)

of section 14.— On receipt of information from the employee relating to

the existence of an imminent danger to their safety and health, the

employer shall take immediate remedial action in this regard. The

employer, whether satisfied or not, shall send a report forthwith of such

actions taken, to the Inspector-cum-Facilitator electronically or by

registered speed post or telephonically.

464 LA GAZETTE DE L'ETAT [PART–II

CHAPTER–IV

OCCUPATIONAL SAFETY AND HEALTH

15. The constitution, procedure and other matters relating to State Occupational Safety and Health Advisory Board under sub-section (2) of section 17.— (1). The Government may constitute a Board to be called, 'Puducherry Occupational, Safety and Health Advisory Board' to advise the Government on such matters arising out of the administration of this Code as may be referred to it by the Government.

(2) The Constitution of 'Puducherry Occupational, Safety and

Health Advisory Board.— (1) The Board shall consist of,-

(a) Administrative Secretary, Labour . . Chairperson

(b) Chairman, Puducherry Pollution Control . . Member

Board.

(ex officio)

Puducherry.

(d) Regional Director, ESIC . . Member

(e) Director,

. . Member

Health and Family Welfare Services, Puducherry.

(f) Two Representatives of Employers . . Members

(g) Two Representatives of Employees . . Members

(3) The Board may meet as often as necessary to discharge the

functions as specified in section 17 of the Code.

(4) Resignation.—

(i) A Member of the Board, not being an ex officio Member, may resign his office by a letter in writing addressed to the Chairperson of the Board;

(ii) The seat of such a Member shall fall vacant from the date on which his resignation is accepted by the Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by the Government, whichever is earlier.

465

PART–II] LA GAZETTE DE L'ETAT

(5) 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 the Board:

Provided that the Government may, if 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 the Board.

(6) Disqualification for membership.— A person shall be

disqualified for being a Member of the Board,—

(i) if, he is of unsound mind and stands so declared by the

Competent Authority;

(ii) if, he is an undischarged insolvent; or

(iii) if, he has been convicted for an offence, having a penalty

of imprisonment of three months or more.

(7) Removal from membership.— The Government 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.

(8) Travelling Allowance for Members.—

(i) The travelling allowance of an official Member shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary;

(ii) The non-official Members of the Board shall be paid travelling allowance for attending the meeting of the Board at such places as per the instructions issued by Finance Department, Government from time to time. The amount so paid to the non-official members shall be debited from the official account of the Member-Secretary of the Board.

466 LA GAZETTE DE L'ETAT [PART–II

16. Safety Committee and Safety Officers under section 22.—

1. Safety Committee.—

(1) In every establishment, -

(i) wherein, two hundred and fifty workers or more are

ordinarily employed; or

(ii) 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 workers; or

(iii) which handles a hazardous substance as defined in

clause (h) of rule 2 and employs fifty or more workers;

shall constitute a Safety Committee consisting of representatives of

employers and workers.

(2) The tenure of the Safety Committee shall be three years. The

Safety Committee shall meet at least once in every quarter.

(3) The employer shall, within a period of fifteen days from the

date of receipt of the recommendations of the Safety Committee, take

action to implement the recommendations.

2. Composition of Safety Committee.— (1) The representatives of

the management on Safety Committee, shall consist of,-

(i) A Senior Official, who by his position in the organisation

can contribute effectively to the functioning of the Committee, shall be

the Chairman;

(ii) A Safety Officer wherever available; and

(iii) A Representative each from the production, maintenance,

human resource and purchase departments.

(2) The workers' Representatives on this Committee shall be as

equal to the number of representatives of the employer, as elected by

the workers:

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PART–II] LA GAZETTE DE L'ETAT

(3) The Representative of the workers in the Safety Committee

shall be chosen in the following manner, namely:-

(a) where, there is a sole negotiating Union or negotiating union under sub-section (2) or sub-section(3) of section 14 of the Industrial Relations Code, 2020 (35 of 2020) or a negotiating council under sub-section(4) of that section 14, or the sole negotiating Union or the negotiating union or the negotiating council, as the case may be, shall nominate the worker's representatives on the Safety Committee and in the case of the negotiating council, the nomination shall be in the manner that every registered Trade Union representing in negotiating council shall be represented in the Safety Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Unions;

(b) where, there is no such sole negotiating Union or negotiating union or negotiating Council as referred to in clause (a), the workers of the industrial establishment shall choose amongst themselves the worker's representatives on the Safety Committee:

Provided that, the employer may, deploy an electronic process of conducting the process of choosing representative of workers over an information technology application, online platform or other similar platform.

Provided further that there shall be adequate representation of women workers on the Safety Committee and such representation shall not be less than the proportion of women workers to the total number of workers employed in the industrial establishment:

Provided also that the tenure of the Members of the Safety

Committee shall be three years.

Provided also that in case there is no recognized negotiating union or negotiating council and where any dispute arises regarding choosing of the worker's representative to the Safety Committee, the matter may be referred to the Labour Commissioner who shall after hearing the parties decide the matter and his decision thereon shall be final.

468 LA GAZETTE DE L'ETAT [PART–II

(4) The minutes of the meeting of the Safety Committee shall be recorded and produced to the Inspector-cum-Facilitator on demand.

(5) Safety Committee shall have the right to be adequately and

suitably informed of,-

(i) potential safety and health hazards to which the workers

may be exposed at work place;

(ii) data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances.

3. Function and duties of the Safety Committee shall include,—

(i) assisting and co-operating with the management in achieving

the aims and objectives outlined in the 'Safety and Health Policy';

(ii) dealing with all matters concerning health, safety and environment and to arrive at practical solutions to problems encountered;

(iii) creating safety awareness amongst all workers;

(iv) undertaking educational, training and promotional

activities;

(v) discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;

(vi) carrying out health and safety surveys and identifying

causes of accidents;

(vii) looking into the matters likely to cause danger to the safety

and health of the workers and suggest corrective measures; and

(viii) reviewing the implementation of the recommendations

made by it.

4. Qualification for appointment as Safety Officer for Factory and Building and other Construction works or Dock work.— (1) A person shall not be eligible for appointment as a safety officer relating to factory or building or other construction work or dock work unless he possesses,- 469

PART–II] LA GAZETTE DE L'ETAT

(i) a recognised degree in any branch of Engineering or Technology and has had practical experience in a supervisory capacity for a period of not less than two years; or

(ii) a recognised degree in Physics or Chemistry and has had practical experience in a supervisory capacity for a period of not less than five years; or

(iii) a recognised diploma in any branch of Engineering or Technology and has had practical experience in a supervisory capacity for a period of not less than five years; and

(iv) possesses any Diploma in Industrial Safety conducted by any Institute under Directorate General, Factory Advice Service and Labour Institutes (DGFASLI), Ministry of Labour and Employment, Government of India (or) possesses a Degree (or) a Diploma in Industrial Safety with equivalent syllabus and duration of not less than one year awarded by any University incorporated under the Central or State Acts or Department of Technical Education or Board of Technical Education of any State/Union Territories/Government of India; and

(v) has adequate knowledge of Tamil language:

Provided that the employer shall ensure that the Safety Officer appointed shall acquire adequate knowledge of the language spoken by majority of workers within one year from the date of such appointment.

(2) Notwithstanding anything contained in sub-rule (1), any

person who -

(i) possesses a recognised Degree or Diploma in Engineering or Technology and had experience of not less than five years in a Department of the Central or State Government which deals with the administration of the Factories, Building or other Construction workers; or

(ii) possesses a recognised Degree or Diploma in Engineering or Technology and had experience of not less than five years, full-time, on training, education, consultancy, or research in the field of accident prevention in industry or in any institution, shall also be eligible for appointment as a Safety Officer.

470 LA GAZETTE DE L'ETAT [PART–II

5. Recruitment of Safety Officer.— (1) The post of Safety Officer

to be filled in any factory or building and other construction work or

dock work shall be advertised by the concerned employer in a prominent

online job portal or at least in two newspapers having wide circulation

in the State, out of which one newspaper shall be in Vernacular

language and other in English:

Provided that the vacancies in the post of Safety Officers in

the Government establishments, Quasi-Government establishments and

public undertakings shall be filled up based on the concerned

establishment's recruitment policy:

Provided further that, when the post is proposed to be filled by

transfer or promotion from among the members of staff in the

establishment or group of establishments belonging to the same

employer, the vacancy shall be widely published among the prospective

staff by suitable methods.

(2) Selection for appointment to the post of Safety Officer by

direct recruitment or by transfer or promotion or nomination shall be

made from among the candidates applying for the post, through a

Selection Committee appointed by the employer of the establishment.

(3) The appointment of the Safety Officer, when made, shall be

notified by the employer of the establishment to the Chief Inspector-

cum-Facilitator, giving full details about the qualifications, age, pay and

allowances, previous experience and other relevant particulars of the

officer appointed and the terms and conditions of the service applicable

to him.

6. Filling up of the vacancy of the post of Safety Officer.— Every

vacancy in the post of Safety Officer caused by death, dismissal or

discharge of the person holding such post or by any other cause, shall

be forthwith notified by the Employer to the Chief Inspector-cum-

Facilitator and shall be filled up within three months of the occurrence

of such vacancy.

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PART–II] LA GAZETTE DE L'ETAT

7. Number of Safety Officers and conditions of service.— (1) The number of Safety Officers to be appointed in an establishment, shall be as per the Table below:-

THE TABLE

Sl. No.	Number of workers ordinarily employed in an Establishment	Number of Safety Officers to be employed
(1)	(2)	(3)
1.	Not exceeding 2,000	1 (One)
2.	Above 2,000 but, not exceeding 5,000	2 (Two)
3.	Above 5,000 but, not exceeding 8,000	3 (Three)
4.	Above 8,000 but, not exceeding 10,000	4 (Four)
5.	Above 10,000	5 (Five)

(2) When more than one Safety Officers are appointed, anyone among them shall be designated as the Chief Safety Officer and shall have the status higher than that of others. The Chief Safety Officer shall be in overall charge of the safety functions, as specified in rule 16(VII) and other Safety Officers shall work under his control.

(3) The Chief Safety Officer or the Safety Officer in the case of the establishments where, only one Safety Officer is required to be appointed, shall be given the status of a senior executive equivalent to the Head of Department and he shall work directly under the control of the Chief Executive of the establishment. All the Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.

(4) The Scale of Pay and allowance to be granted to the Safety Officers including the Chief Safety Officer and the conditions of their service shall be the same as those of the other officers of corresponding status in the establishment.

(5) In the case of dismissal or discharge, the concerned Safety Officer shall have the right to appeal to the Chief Inspector-cum- Facilitator, whose decision thereon shall be final and binding upon the employer of the establishment.

472 LA GAZETTE DE L'ETAT [PART–II

(6) The appeal shall be preferred within thirty days from the date of the receipt of the order of dismissal or discharge by the Safety Officer concerned.

8. Duties of Safety Officer.— The duties of the Safety Officers shall be to advise and assist the Establishment in the fulfillment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following, namely:-

(1) to advise the concerned departments in planning and organizing measures necessary for the effective control of personal injuries;

(2) to advise on safety aspects in all job studies and to carryout

detailed job safety studies of selected jobs;

(3) to check and evaluate the effectiveness of the action taken

or proposed to be taken to prevent personal injuries;

(4) to advise the purchasing and stores departments in ensuring

high quality and availability of personal protective equipment;

(5) to advise on matters relating to carrying out of plant safety

inspections;

(6) 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 advise on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;

(7) to render assistance on matters relating to reporting and

investigation of industrial accidents and occupational diseases;

(8) to investigate all accidents and near-miss incidents;

(9) to render assistance for the cases of industrial diseases contracted and in respect of dangerous occurrences specified in rule 8;

(10) to render assistance on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases;

(11) to organise in association with the concerned Department or 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 procedure; and 473

PART–II] LA GAZETTE DE L'ETAT

(12) to design and conduct either independently or in collaboration with the Training Department, suitable training and educational programs for the prevention of personal injuries and for the propagation of safety awareness.

CHAPTER–V

HOURS OF WORK AND ANNUAL LEAVE WITH WAGES

17. Conditions for exemption of workers from weekly and compensatory holidays under sub-section (2) of section 26.— (1) For the purposes of section 26, there shall be displayed in a conspicuous place outside the office of every establishment, a notice showing the weekly day of rest. Where the weekly day of rest is not the same day for all persons employed in the establishment, the notice shall show the day of rest allowed to each relay, or set of persons or individual in English and in vernacular language.

(2) Except in the case of worker 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 of the Code shall be so spaced that not more than two compensatory holidays are given in one week.

(3) The Manager 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 26 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 an 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.

18. The total number of hours of overtime under second proviso of section 27.— (1) In pursuance of section 27 of the 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 for such overtime at the end of each wage period.

474 LA GAZETTE DE L'ETAT [PART–II

(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 and building and other construction, namely: -

(i) Urgent repairs;

(ii) Work in the nature of preparatory or complimentary work;

(iii) 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;

(iv) Work which for technical reasons must be carries on

continuously;

(v) Engaged in making or supplying articles of prime

necessity which must be made or supplied every day;

(vi) Engaged in a process which cannot be carried on except

during fixed seasons;

(vii) Engaged in a process which cannot be carried on except

at times dependent on the irregular action of natural forces;

(viii) Engaged in engine rooms or boiler houses or in

attending to power plant or transmission machinery;

(ix) Engaged in process on account of the break-down of

machinery;

(x) Engaged in the loading or unloading of railway wagons

or lorries or trucks;

(xi) Exceptional press of work and engaged in any work, which is notified by the Central Government/Government of Puducherry in the Official Gazette as a work of national importance:

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PART–II] LA GAZETTE DE L'ETAT

Provided that no worker shall be allowed to work overtime exceeding one hundred twenty-five hours in any quarter of a year.

19. Circumstances for exemption from restriction on double employment in a factory under section 30.— The Government may in exceptional cases as it deems proper exempt any establishment or any person on double employment under this section by notification in Official Gazette assigning full justification of such order/ notification.

20. The form of notice, manner of display of such notice and the manner in which such notice shall be sent to the Inspector-cum- Facilitator under sub-section (2) of section 31.— The notice referred to in sub-section (2) of section 31 shall be displayed at conspicuous places on a notice board or electronic board and maintained in Form-VIII and copy of such notice shall be sent to Inspector-cum-Facilitator electronically or by registered postor otherwise.

CHAPTER–VI

MAINTENANCE OF REGISTERS, RECORDS AND RETURNS

21. The form of register and particulars of workers under clause (a) of section 33.— (1) Every employer shall maintain register of workers containing the particulars of their wages, overtime, fine, deduction for damage or loss in Form-IX electronically or otherwise and shall be kept available at an office or the nearest convenient building within the precincts of the establishment.

(2) (i) in case of manual registers and other records, be legibly entered in ink in English and the regional language in which the establishment is situated in the Union territory of Puducherry;

(ii) be preserved in original for a period of one calendar year

after the date of the last report or entry:

Provided that when the original record is lost or destroyed before the expiry of one year period, true copies thereof, if available, shall be preserved for the prescribed period.

(3) The record as prescribed under sub-rule (1) and sub-rule (2) shall be produced, electronically or by registered post, on demand before the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or any person authorized in that behalf by the Government.

476 LA GAZETTE DE L'ETAT [PART–II

22. The manner and form of displaying notices under clause (b)

of section 33.— Every employer shall cause to display at a conspicuous

place of the workplace of the establishment under his control, notice

showing the name and address of the establishment, hours of work, wage

period, date of payment of such wages, details of accident and

dangerous occurrence in the establishment for the last five years, name

and address of the Inspector-cum-Facilitator having jurisdiction to such

establishment and date of payment of unpaid wages to such workers in

English, Tamil, or in any other regional language of the region in which

the establishment is situated in the Union territory of Puducherry as

the case may be.

23. Return, manner of filing the return and periods of filing

return to Inspector-cum-Facilitator under clause (d) of section 33.—

(1) Every employer of an establishment shall send annually a return

relating to such establishment in duplicate in Form-X to the Inspector-

cum-Facilitator having jurisdiction so as to reach him not later than 1st

February following the end of each calendar year with a copy to

Director-General, Labour Bureau, Shimla.

(2) Register of accident and dangerous occurrences.— The

of section 33 of the Code shall be maintained in Form-XI.

(3) Register of leave with wages under sub-clause (v) of clause

(a) of section 33.—

(i) The employer of every establishment shall maintain in

respect of every worker thereof a record of leave with wages

electronically or manually in Form-XII;

(ii) The register mentioned in clause (i) shall be preserved

for a period of two years after the last entry in them has been

made and shall not be destroyed even after the expiry of that

period unless it has been properly transferred to the new

477

PART–II] LA GAZETTE DE L'ETAT

CHAPTER–VII

INSPECTOR-CUM-FACILITATOR AND OTHER AUTHORITY

24. The qualification and experience of Chief Inspector-cum- Facilitator under sub-section (5) of section 34.— The Government may appoint an officer not below the rank of Labour Commissioner as Chief Inspector-cum-Facilitator for the whole of the Union territory of Puducherry under the provisions of this Code.

25. The manner of taking samples of any article or substance found in any premises and air of atmosphere under clause (x) of sub-section (1) of section 35.— An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme mandated under official portal of the Labour Department after informing the employer/occupier/Manager of the establishment, taken in the manner hereinafter providing a sufficient sample of any substance used or intended to be used in the establishment such use being-

(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of this Code or the rules made thereunder; or

(b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or injury to the health of employee in the establishment.

(2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), he shall, in the presence of the employer or employer's representative informed under that sub-rule unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector- cum-Facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this rule.

(4) The Inspector-cum-Facilitator shall,-

(i) forthwith give one portion of the sample to the employer

or employer representative;

(ii) forthwith send the second portion to a Government laboratory or National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited laboratory for analysis and report thereon; and 478 LA GAZETTE DE L'ETAT [PART–II

(iii) retain the third portion for production to the Court before

which proceedings, if any, are instituted in respect of the

substance.

(5) Any document purporting to be a report under the hand of

any Government Analyst or NABL accredited laboratory upon any

substance submitted to him for analysis and report under this rule, may

be used as evidence in any proceeding instituted in respect of the

substance.

26. The other powers to be exercised and duties to be performed

by the Inspector-cum-Facilitator under clause (xiv) of sub-section (1)

of section 35.— (1) If, it appears to the Inspector-cum-Facilitator that

any building or part of a building or any part of the ways, machinery

or plant in a factory is in such a condition that it is dangerous to human

life or safety or health, he may serve on the employer/occupier/Manager

of the factory an order in writing specifying the measures which in

his opinion should be adopted and requiring them to be carried out

before a specified date.

(2) If, it appears to the Inspector-cum-Facilitator that the use

of any building or part of a building or any part of the ways, machinery

or plant in a factory involves imminent danger to human life or safety

or health, he may serve on the occupier of the factory an order in writing

prohibiting its use until it has been properly repaired or altered.

(3) Inspector-cum-Facilitator shall, after every inspection, as

may be deemed necessary, issue prohibition or improvement notice in

Form-XIII pointing out the non-compliance of provisions of safety,

health and working conditions under the Code, and rules and regulations

framed thereunder, to the employer of the establishment.

(4) An Inspector-cum-Facilitator shall, at each inspection,

ascertain to what extent any shortcomings notified at a previous

inspection have been rectified and the notices previously issued have

been compiled with. His findings and any shortcomings which may come

to light during the inspection, together with any order passed by him

under the Code or the regulations made thereunder shall be recorded

and maintained.

479

PART–II] LA GAZETTE DE L'ETAT

27. The specialized qualification and experience, duties and

responsibilities of experts to be empanelled under section 37.—

(1) Eligibility of the Firm.—

(i) The Firm should be registered body corporate in India under appropriate legal framework, such as Companies Act, 2013 (Central Act

No. 18 of 2013) or Limited Liability Partnership Act, 2008 (Central Act

No. 6 of 2009);

(ii) The Firm should be registered in Labour Department;

(iii) The Firm should have experience and authorization to

undertake and evaluate labour regulatory compliance;

(iv) The Firm should have Labour Law Auditor and Technical

Auditor on company pay roll.

(2) Eligibility of Labour Law and Technical Auditor.—

(i) Eligibility: Labour Law Auditor—

(a) should be having a minimum of 7 years of experience in

Labour Law matters; or should be having a minimum of 7 years of experience as a legal practitioner under Labour Law; or should

have served as Labour Enforcement Officer or above for 7 years;

(b) should not currently be a part-time/full-time employee in any unit/establishment in the Union territory of Puducherry or

its subsidiaries or branches elsewhere in the country;

(d) should be medically fit to carry out inspection procedure;

(ii) Eligibility: Technical Auditor,— should have one-year full time Diploma in industrial safety recognized by the Boardof Technical

Education or All India Council of Technical Education or recognized University; and either of the following qualifications:-

(a) Degree in branch of Chemical, Mechanical, Electrical or Production Engineering and having five years' experience in

manufacturing, maintenance, design, project or safety

department in supervisory or above capacity in factories; or 480 LA GAZETTE DE L'ETAT [PART–II

(b) Diploma in branch of Chemical, Mechanical, Electrical or Production Branch Engineering and having seven years' experience in manufacturing, maintenance, design, project or safety department in supervisory or above capacity in factories; or

(c) Degree of Bachelor of Science with Physics and/or Chemistry and having ten years' experience in manufacturing or safety.

(3) Competent person under clause (I) of sub-section (1) of

section 2 of the Code.—

(i) The Chief Inspector-cum-Facilitator may recognize any

person as 'competent person' for the area and for the period as specified in Schedule-A:

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in respect of 'competent person' with the prior approval of the Government of Puducherry:

Provided further that the competent person recognised under

sub-rule (3) shall not be above the age of sixty-five years and shall be physically fit for the purpose of carrying out the requisite tests, examination and inspection.

(ii) The Chief Inspector-cum-Facilitator may recognise an institution of repute, having persons possessing qualification and experience as specified in the Schedule-A, as 'competent person' and

issue a Certificate of Competency in its favour in Form-XX.

(iii) The Chief Inspector-cum-Facilitator on receipt of an application in Form-XVIII from a person or from an institution in Form-XIX, as the case may be, intending to be recognized as a competent person for the purposes of the Code and the rules made there under, shall register such application and after satisfying himself as

regards competence and facilities available at the disposal of the applicant may recognise the applicant as a competent person. Such application shall be disposed of either by issuing a certificate of competency in Form-XX or by rejecting the same specifying reasons thereof, within a period of sixty days.

481

PART–II] LA GAZETTE DE L'ETAT

(iv) The Chief Inspector-cum-Facilitator, if, he has reason to

believe that a competent person,-

(a) has violated any condition stipulated in the certificate of

competency; or

(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of the Code or the rules made thereunder, or has omitted to act as required under the Code or the rules made thereunder; or

(c) for any other reason to be recorded in writing, may revoke the certificate or competency after giving an opportunity of being heard to the competent person.

Explanation:- For the purpose of this rule, an institution includes an organization (including Government, autonomous, co-operative, corporate or private).

(v) The Chief Inspector-cum-Facilitator may, for reasons to be recorded in writing, direct for the recertification of any of the area as defined in Schedule-A as the case may be which has been certified by a competent person outside this Union Territory.

28. The manner of providing alternative employment under sub- clause (d) of clause (A) of sub-section (1) of section 38.— The occupier of the factory may take necessary steps for providing employment to the workers affected by the order of prohibition issued by Inspector- cum-Facilitator under sub-clause (a) of clause (A) of sub-section (1) of section 38 and as far as practicable provide alternate employment to the workers so affected. Where, it may not be possible for the occupier to provide such employment, he shall be responsible for making payment of salary/wages to the affected workers during the period for which the prohibition order is in operation.

29. The qualification for the appointment of Medical Practitioner under sub-section (1) of section 42.— The medical practitioner shall be a Medical Officer who possesses any recognized medical qualification as defined in the National Medical Commission Act, 2019 (Central Act No. 30 of 2019) and who is enrolled on an Indian Medical Register as defined in clause (m) and on a State Medical Register as defined in clause (v) of section 2 of the said Act.

482 LA GAZETTE DE L'ETAT [PART–II

30. Duties of Medical Officer under sub-section (2) of section 42.— (1) On receipt of a reference under clause (c) of sub-section (2) of section 42 of the Code, the Medical Officer shall, after giving prior notice regarding date, time and place for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the employer of the establishment concerned after retaining a copy thereof.

(2) The Medical Officer may seek opinion of specialists like radiologist, Dentist and Orthopaedic Surgeon as the case may be, for the purpose of determination of age.

(3) Medical Officer shall carry out such examination and furnish

such report as the Government may direct.

(4) For examination and certification of employees in an establishment in such dangerous occupation or processes as specified in First Schedule to the Code.

(5) For medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to arduous nature of any process carried on or hazardous condition of work.

(6) In respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein,—

(a) to undertake occupational health survey for any or class of an establishment, where cases of illness have occurred or there is prevalence of diseases as prescribed in Third Schedule of the Code;

(b) to assess the age and issue fitness of adolescent for

employment in an establishment or class of establishment.

31. Other establishment engaged in the dangerous occupation or processes under clause (a) of sub-section (2) of section 42.— The Medical Officer shall perform the examination and certification of the workersin a factory or in such other establishments engaged in dangerous occupation and processes as specified in Schedule-B annexed with these rules.

483

PART–II] LA GAZETTE DE L'ETAT

32. Medical supervision and other establishment under clause (b)

of sub-section (2) of section 42.— The Medical Officer shall perform

the examination and certification of the workers in a factory or in such

other establishments where the cases of illness have occurred which it

is reasonable to believe are due to the nature of any process carried on

or other conditions of work prevailing in such establishments and inform

the Occupier, Employer, Manager, Chief Inspector-cum-Facilitator and

the appropriate Government for study and remedial measures as may be

required in this behalf.

33. Other establishment under clause (c) of sub-section (2) of

section 42.— The Medical Officer shall perform the examination and

certification of an adolescent workerfor the purpose of ascertaining his

fitness of employment in a factory, motor transport undertaking or in

any other establishments as specified in Schedule-B annexed with these

rules.

CHAPTER–VIII

SPECIAL PROVISIONS RELATING TO EMPLOYMENT OF WOMEN

34. Conditions relating to safety, holiday and working hours or

any other condition to be observed by the employer under section 43.—

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:—

(1) the consent of women worker shall be taken;

(2) no women shall be employed against the maternity benefit

provisions laid down under the Social Security Code, 2020 (Central Act

No.36 of 2020);

(3) adequate transportation facilities shall be provided to

women worker to pick-up and drop such worker at her residence;

(4) the workplace including passage towards conveniences or

facilities concerning toilet, washrooms, drinking water, entry and exit of

women worker should be well-lit;

(5) the toilet, washroom and drinking facilities should be near

the workplace where such women workers are employed;

484 LA GAZETTE DE L'ETAT [PART–II

(6) provide safe, secure and healthy working conditions such

that no women worker is disadvantaged in connection with her

employment;

(7) in case of below ground mine not less than 3 women workers

shall be on duty at any place;

(8) the provisions of the Sexual Harassment of Women at Work

place (Prevention, Prohibition and Redressal) Act, 2013 (Central Act No. 14

of 2013), as applicable to the establishments, shall be complied with.

35. Adequate safety of employment of women under section 44.—

(1) Notwithstanding anything contained in any rule made under

the Code, every woman employed in manufacturing process wherein,

dust or fume or other impurity is given off, shall be provided with suitable

respirator, nose mask, etc.

(2) No woman worker shall be engaged to work near the

machinery in motion without wearing adequate safety apparel so as to

avoid the risk of bodily injury from any moving part.

(3) Notwithstanding the provisions under clause (iv) of

sub-section (1) of section 24, suitable arrangements for sitting shall be

provided and maintained separately for all women obliged to work in

the standing position, in order that they may take advantage of any

opportunities for rest which may occur in the course of their work.

(4) As far as practicable woman worker shall not be engaged in

any workplace involving poor ergonomics detrimental to the safety and

health.

(5) The employer carrying on hazardous process and dangerous

operations shall disseminate the information to every woman in relation

to dangers, physical and health hazards arising from the exposure,

handling, transportation, storage and other processes involved therein

and such information shall be in Tamil and in the language understood

by every woman.

485

PART–II] LA GAZETTE DE L'ETAT

CHAPTER–IX

SPECIAL PROVISION FOR CONTRACT LABOUR, INTER-STATE MIGRANT

EMPLOYEE, AUDIO VISUAL EMPLOYEE ETC.

36. Conditions including hours of work, fixation of wages and

other essential amenities in respect of contract labour under clause

(a) of sub-section (3) of section 47.— (1) The contractor shall ensure

that,—

(a) the hours of work shall conform to the rules made under section 25 of the Occupational Safety, Health and Working Conditions Code, 2020 (Central Act No.37 of 2020);

(b) the wages shall be paid in accordance with the Code on

Wages, 2020 (Central Act No.29 of 2020);

(c) if, when the contract worker of the contractor is working at the premises of the principal employer, then it shall be the responsibility of the principal employer to provide the facilities or amenities such as toilet, washroom, drinking water, bathing facilities if required, changing room, first aid box, canteen and crèche;

(d) all other facilities and entitlements shall be provided by the

contractor;

(f) he shall intimate within fifteen days of the receipt of a contract work order about the details of the contract work order and in the manner as under this rule.

(2) In case the contractor fails to make payment of minimum wages to the contract worker, then the Labour Commissioner, Puducherry or the Deputy Labour Commissioner, shall cause such payment to be made to the contract workers who have not been paid out of the security deposit maintained under this, included by invoking the bank guarantee.

37. The form and manner of application and the particulars which such application shall contain regarding the number of contract labour, nature of work for which contract labour is to be employed and other particulars including the information relating to the employment of Inter-State migrant employees under sub-section (1) of section 48.— Every application by a contractor for the grant of a licence shall be made online electronically through Official Portal of Labour Department of Puducherry Government in Form-XIV to the Licensing Officer.

486 LA GAZETTE DE L'ETAT [PART–II

The Licensing Officer may issue the licence to the contractor in Form-XV electronically immediately, if, the application is complete in all respects, but, not later than seven days from the date of submission of complete application, failing which, such licence shall be deemed to have been issued and the licence shall be auto generated:

Provided that in exceptional circumstances the Government of Puducherry may, for such period, by notification, dispense with requirement of electronic registration, in respect of any class of contractors, for any part or whole of Puducherry, and submission of application in the form so provided, may be allowed.

38. The procedure under sub-section (2) of section 48.— (1) Before a licence is issued under any rule of these rules, Bank guarantee for an amount calculated at the rate of rupees one thousand for each of the worker to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for performance of the conditions of the licence and compliance with the provisions of the Code or the rules made thereunder.

(2) Wherein, the issued contract licence had expired, based on the request of the applicant, the Licensing Officer may adjust the security deposit in respect of his application for new licence to be issued in Form-XV.

(3) The fees to be paid for the grant of a license shall be as

specified in the table below, namely:-

(a) 50 but, does not exceed 100 contract labour ` 15,000

(b) 101 but, does not exceed 300 contract labour ` 20,000

(d) 501 but, not exceeding 1000 contract labour ` 40,000

(e) 1001 but, not exceeding 5000 contract labour ` 50,000

(f) 5001 and above contract labour ` 60,000

39. Manner of applying for the renewal of licence and the manner of renewal of licence under sub-section (3) of section 48.— (1) Every contractor shall apply electronically on the Official Portal of Labour Department of Puducherry to the licensing authority for renewal of the licence.

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PART–II] LA GAZETTE DE L'ETAT

(2) Every such application shall be submitted on the said portal at least 30 days prior to expiry of licence period but, not before 90 days of such expiry of licence.

(3) The security deposit and the fee chargeable for renewal of the licence shall be the same as for the grant of licence under rule 38:

Provided that if, the application for renewal is not received within the time specified in sub-rule (2), an additional fee of twenty-five per cent, shall be payable for such renewal.

(4) Every application for renewal, complete in all respects, shall be made on the portal of the Labour Department. The renewal certificate shall be auto generated and the same may be downloaded by the applicant from the portal.

40. Responsibility of the Contractor under sub-section (4) of section 48.— (1) The rates of wages payable to the workers by the Contractor shall not be less than the rates prescribed under the Code on Wages, 2020 (Central Act No. 29 of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed by such agreement, settlement or award, as the case may be.

(2) In case, where the worker employed by the contractor performs the same or similar kind of work 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. In case of any dispute whether the work is of similar kind, the matter be referred to the Deputy Labour Commissioner whose decision thereon shall be final.

(3) In other cases, the wage rates, holidays, hours of work and conditions of service of the employees of the contractor shall be such as specified under the Code and rules made thereunder.

(4) All contract labour shall be made member of Employees Provident Fund Organisation and Employees State Insurance Corporation subject to applicability as under respective provisions of the Code on Social Security, 2020 (Central Act No. 36 of 2020).

(5) The contractor shall notify any change in the number of workers or conditions of work to the Licensing Authority, electronically.

488 LA GAZETTE DE L'ETAT [PART–II

41. The manner of intimation of work order and time limit for

such intimation under sub-section (1) of section 50.— (1) Every

Contractor shall within fifteen days of the receipt of a contract work

order, intimate about the contract work order containing the details such

as the name of the principal employer, address of the premises where

work is being undertaken, date of commencement of the contract work,

the number of contract labour employed under that work order, duration

of work orders.

(2) The details of work order shall be sent by the Contractor or

his authorized representative.

(3) The intimation shall be sent electronically on the Official

Portal of Labour Department of Puducherry or e-mail of the Labour

Commissioner, Puducherry, the licencing Authority and the Deputy

Labour Commissioner, Puducherry.

42. The manner of suspending or cancelling the licence under

sub-section (2) of section 50 and section 51.— (1) If, the Licensing

Authority is satisfied that the licence has been obtained by

misrepresentation or suppression of any material fact or if, the contractor

has failed to comply with the conditions subject to which licence was

granted or the Contractor has contravened any provision of Part-I,

Chapter-XI of the Code or rules made thereunder, the Licensing Authority

shall issue a show cause notice of 30 days to the contractor

electronically or otherwise. On receipt of the reply, if any, from the

Contractor within 30 days, the Licensing Authority shall examine the

same and in case the Licensing Authority feels that the continuation of

contract business by the contractor is going to lead to grave harm to

the workers, he may pass a Speaking Order recording the reasons for

revocation or suspension or otherwise and communicate to the

Contractor electronically. A copy of the Order shall be endorsed to the

Labour Commissioner, Puducherry, Deputy Labour Commissioner/ Joint

Chief Inspector-cum-Facilitator having jurisdiction.

(2) If, the Contractor has not complied with the said provisions

of the Code and rules made thereunder within the stipulated time period,

the Licensing Authority shall revoke the suspension giving a Speaking

Order or else the suspension may be continued.

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PART–II] LA GAZETTE DE L'ETAT

(3) If, the Contractor fails to comply with the directions as in sub-rule (1), the Licensing Authority may forthwith pass an order of revocation of licence, recording the reasons thereof and communicate to the Contractor electronically or otherwise. The copy of the order shall be endorsed electronically or otherwise to Labour Commissioner, Puducherry, Deputy Labour Commissioner/Joint Chief Inspector-cum- Facilitator having jurisdiction as the case may be.

43. The period before which the wages shall be paid under sub-section (1) of section 55.— (1) The Contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month.

(2) The wages of every person employed as contract labour in an establishment or by a Contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages are payable.

(3) The wages shall be disbursed through Bank transfer or electronic mode and any other mode prescribed under Code on Wages, 2019 (Central Act No.29 of 2019).

44. Themode of payment of wages under proviso to sub-section (2) of section 55.— Every Contractor to whom this Code applies shall make the disbursement of wages through Bank transfer or electronic mode and inform the principle employer electronically or otherwise the amount so paid by such mode provided that where it is not practicable to disburse payment in the mode specified in this rule then the payment shall be made in the mode other than electronic mode as prescribed under relevant provisions of Code on Wages, 2019 (Central Act No. 29 of 2019).

45. The manner of payment of wages from security deposit under sub-section (4) of section 55.— If, the Contractor or Principal employer does not pay the wages to the contract labour employed by him, the Labour Commissioner, Government of Puducherry or his representative or the Competent Officer as may be notified by Government of Puducherry shall conduct or cause to conduct, an inquiry and after giving an opportunity to be heard to the Contractor shall pass an order to make payment, if any, of such wages from the amount deposited by the Contractor as security deposit and the bills of the Contractor as the case may be. The Contractor shall refurnish the security deposit within a period of 30 days or else his licence will be liable to be suspended.

490 LA GAZETTE DE L'ETAT [PART–II

4 6 . T h e f o r m o f i s s u i n g e x p e r i e n c e c e r t i f i c a t e u n d e r

section 56.— Contractor concerned,shall issue on demand, experience

certificate in Form-XVI to the contract labour giving details of the period,

work performed, experience gained in various fields performed by such

contract labour.

47. The form and manner of making application under clause (b)

of sub-section (2) of section 57.— If, a question arises as to whether

any activity of an establishment is a core activity or otherwise, the

aggrieved party may make an application, to the Secretary to Government

(Labour), Government of Puducherry giving reasons along with

supporting documents.

48. Period of making report and the period of deciding the

q u e s t i o n u n d e r c l a u s e ( c ) o f s u b - s e c t i o n ( 2 ) o f s e c t i o n 5 7 . —

On receiving the application under clause (b) of sub-section (2) of

section 57, the Secretary to Government(Labour), Government of

Puducherry shall if, he deems proper, refer the application to the Labour

Commissioner, Government of Puducherry for making such inquiry as

may be required and the Labour Commissioner shall submit the report/

recommendation to the Secretary to Government (Labour) within thirty

days for taking appropriate action under these rules and the Secretary

to Government (Labour), Government of Puducherry shall decide the

matter within one month from the date of receipt of such report/

recommendation and communicate the said decision of the Government

to the parties through electronically or otherwise for implementation of

the said order of the Government.

49. Minimum service for entitlement, periodicity class of travel

and other matters under section 61.— The employer shall pay a lump

sum amount on account of fare for to and fro journey to inter-state

migrant worker by train (not less than II Class Sleeper) or by bus or any

other mode of passenger transport from the place of employment to the

place of residence in the home town, if,-

(1) He has worked for a period of not less than 180 days in the

concerned establishment(s) in preceding twelve months:

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PART–II] LA GAZETTE DE L'ETAT

Provided that the journey allowance shall be given to an

Inter-State migrant worker once in twelve months.

(2) In the event of change of employer by the Inter-State

migrant worker during the middle of the employment period who 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 the

preceding twelve months including the period spent with the previous

employer, then the employer shall give journey allowance.

50. Manner of providing facility of toll-free helpline under

section 63.— A Toll Free helpline number shall be provided by the

Labour Department, Government of Puducherry, to address queries and

grievances of the Inter-State migrant workers.

51. Manner of providing for study of inter-state migrant workers

under section 64.— The Government of Puducherry may identify the

fields where studies are to be carried out to promote safety, health and

welfare of Inter-State migrant workers. Wherever required, the

Government of Puducherry may also consult the Central Government or

expert organizations involved in the safety, health and welfare of

Inter-State migrant workers.

52. Authority to whom a copy of the agreement shall be forwarded

by the producer under sub-section (3) of section 66.— The Government

of Puducherry may notify an officer not below the rank of Deputy Labour

Commissioner as Authority for the purpose of these rules. The form of

agreement for the audio-visual workers with the Producer shall be given

in Form-XVII.

53. Details under clause (vii) of sub-section (4) of section 66.—

The procedure for reference of dispute to the Conciliation Officer or an

Industrial Tribunal shall be inconformity with the Industrial Relations

Code, 2020 (Central Act No. 35 of 2020) and rules framed thereunder.

492 LA GAZETTE DE L'ETAT [PART–II

CHAPTER–X

SPECIAL PROVISIONS TO F ACTORIES

54. Submission of plans for approval in respect of factory or class or description of factories under sub-section (1) of section 79.— The Government or the Chief Inspector-cum-Facilitator may require for the purposes of the Code, submission of plans of any factory which has either in existence on the date of commencement of these rules or which had not been constructed or extended since then. Such plans shall be drawn to scale showing:-

(a) the site of the factory and immediate surrounding including

adjacent buildings and other structures, roads, drains, etc.;

(b) the plan, elevation and necessary cross-sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means to escape in case of fire, and the position of the plant and machinery, aisles and passage ways; and

Inspector-cum-Facilitator, as the case may be, may require.

55. Approval and Licensing of factories under sub-section (2) of section 79.— (1) No building shall be constructed or used as factory unless plans in respect of such building are approved by the Chief Inspector-cum-Facilitator.

(2) No addition/alteration or extension in the existing factory building shall be made unless plans in respect of such additions, alterations or extensions are approved by the Chief Inspector-cum- Facilitator.

(3) Application for approval of the plans shall be made electronically in Form-XXI along with the following plans and documents to the Inspector-cum-Facilitator: -

(i) Flow chart of the manufacturing process giving a brief

description of the process in its various stages;

(ii) Site plan shall be drawn to a scale of showing the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.;

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PART–II] LA GAZETTE DE L'ETAT

(iii) The building plans elevations and necessary cross-sections drawn to scale showing all relevant details relating to natural lighting, ventilation, and means of escape in case of fire, position of plant and machinery, aisles and passage ways;

(iv) All dimensions in plan shall be indicated in metric units.

(v) Colouring of plans shall be as under:-

Sl. Item Site and Building No.

Plan (on white background)

(1) (2)

(3)

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. Already approved construction Orange filled in

8. Revised/Altered building Pink filled in

9. Fire escapes Orange dotted

10. Any other Purple dotted

(vi) Building Plans shall be uploaded in computerized/

electronic mode only and duly signed by the occupier.

(vii) The plans and layouts of factory buildings shall be prepared and duly signed with qualification and address by a person possessing a diploma or degree in Civil/Architecture/ Structural Engineering.

(viii) Such other particulars as the Inspector-cum-Facilitator

may require in relation to the approval.

494 LA GAZETTE DE L'ETAT [PART–II

(4) The application referred to in sub-rule(3) shall be accompanied by payment of fee electronically as specified in below for the purpose of scrutiny and evaluation of such Plans,

(i) Small Scale Industries ` 250

(ii) Medium Scale Industries ` 2,000

(iii) Large Scale Industries ` 5,000

(5) If, the Inspector-cum-Facilitator is satisfied that the plans and documents are in consonance with the requirements of the rules, he shall forward the plans and documents to the Chief Inspector-cum- Facilitator for approval. The Chief Inspector-cum-Facilitator after being similarly satisfied, shall approve the plans.

Provided that where the plans and documents fall short of the requirements of these rules, the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator as the case may be shall return the documents to the applicant for modifications and corrections as suggested therein:

Provided further that the plans shall not be deemed to have been submitted till such time as they are re-submitted duly modified and amendedand if, such information is not furnished or revised plans are not sent by the occupier within a period of 90 days from the date of seeking such information or calling for revised plans, the application shall be deemed to have lapsed and no further action shall be taken thereon. If, the occupier of factory so desires, he may submit an application along with payment of requisite fee electronically as specified in sub-rule (4).

Provided further that in exceptional circumstances, the Government of Puducherry may, for such period, by notification, dispense with requirement of electronic submission, in respect of a factory or class of factories, or part or whole of Puducherry, and submission of application in the Form so provided, may be allowed.

(6) The internal height of a workroom in the case of a building having a brick or concrete roof, or a combination of the two, the minimum height may be 3.05 m if, approved by the Chief Inspector-cum-Facilitator.

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PART–II] LA GAZETTE DE L'ETAT

(7) 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 3.3 square meter of floor space exclusive of that

occupied by machinery and a breathing space of at least 14.2 cubic meter.

(8) The provisions of sub-rule (5) of this 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.

(9) No manufacturing process shall be carried on in any building

or part of a building whether newly constructed, reconstructed or

extended, or in any building which has been taken into use as a factory

or part of a factory until a Certificate of Stability in respect thereof, in

Form-XXII signed by a competent person has been sent by the occupier

or Manager of the factory to the Chief Inspector-cum-Facilitator

electronically or otherwise and accepted by him. Neither any new plant

nor machinery shall be added to any building of a factory nor brought

into use after such addition until a certificate of stability in Form-XXII

signed by a competent person in respect thereof has been sent by the

occupier or Manager of the factory to the Chief Inspector-cum-Facilitator

electronically or otherwise and accepted by him.

(10) The employer seeking grant of a licence or its renewal

thereof shall apply electronically through the official Portal of the Labour

Department, Government of Puducherry by giving details about the

factory as specified in the Form-II The Form shall be signed digitally or

in any other manner as may be required on the portal. The applicant

shall be responsible for veracity of all information submitted in the

application:

Provided that the occupier of the premises in use as a factory

on the date of commencement of these rules shall submit such an

application within thirty days from the commencement of these rules.

(11) Licence for a factory shall be granted in Form-XXIII by the

Chief Inspector-cum-Facilitator or any other officer appointed and

specially empowered in this behalf by the Chief Inspector-cum-Facilitator 496 LA GAZETTE DE L'ETAT [PART–II

electronically immediately, if, the application is complete in all respects, but, not later than seven days from the date of submission of complete application, failing which such licence shall be deemed to have been issued and the licence shall be auto generated:

Provided that in exceptional circumstances the Government of Puducherry may, for such period, by notification, dispense with requirement of electronic submission, in respect of a factory or class of factories, in part of or whole of Puducherry, and submission of application in the form so provided, may be allowed.

(12) Every application for renewal, complete in all respects, shall be made on the portal of the Labour Department and shall be made not less than sixty days before the date on which the licence expires and if, the application is complete in all respects, the renewal certificate shall be auto generated in Form-XXIII and the same may be downloaded by the applicant from the portal:

Provided that if, the application for renewal, complete in all respects, is not received within the time specified in this sub-rule, the licence shall be renewed only on payment of an additional fee of 25 percent in excess of the fee ordinarily payable, for the renewal of the licence.

(13) The fees for grant of licence shall be the same as for renewal of licence for one year and shall be as specified in the Schedule mentioned below:-

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PART–II] LA GAZETTE DE L'ETAT

498 LA GAZETTE DE L'ETAT [PART–II

(14) Every licence granted or renewed under these rules shall be valid for a period up to ten (10) years as per the request of the licensee and the fees payable for grant of or renewal of licence of a factory shall be proportionate to the annual fees multiplied by number of years for which licence is sought for and shall remain in force till the 31st December of the year up to which the licence is granted or renewed.

(15) Amendment of licence which is a factory.—

(1) A licence granted under sub-rule (11) may be amended

by the Chief Inspector-cum-Facilitator.

(2) A licensee whose licence requires to be amended by virtue of increase in the number of persons employed or in the horse power installed or change in the name of the factory or all taken together shall submit electronically on the official portal of the Labour Department, Government of Puducherry in the Form-II. The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

(3) The fee for amendment of a licence by virtue of increase in number of persons or in the horse power installed or change in the name of factory or all taken together shall be ` 500 in addition to the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.

(16) Refusal of licence.— The Chief Inspector-cum-Facilitator or any other officer appointed and specially empowered in this behalf by the Chief Inspector-cum-Facilitator may refuse the renewal of licence on the ground that the applicant has been guilty of repeated contraventions of safety provisions of the Code or Rules or both or the applicant has obtained the licence by fraud or by misrepresentation:

Provided that before refusing any licence, the applicant shall be given an opportunity to show cause as to why the licence shall not be refused.

(17) Revocation of licence.— The Chief Inspector-cum- Facilitator or any other officer appointed and specially empowered in this behalf by the Chief Inspector-cum-Facilitator may, at any time before expiry of the period for which the licence has been granted or renewed, revoke the licence on any of the grounds specified in sub-rule (17) above or if: - 499

PART–II] LA GAZETTE DE L'ETAT

(i) there is imminent danger to life and property in the factory due to explosiveor inflammable dust, gas or fumes, and effective measures in his opinion have not been taken to remove the danger; and/or;

(ii) employment of child employee below 14 years of age

noticed;

Provided that before revoking the licence, the applicant shall be given an opportunity to show cause as to why the licence shall not be revoked.

(18) Transfer of 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. electronically on the official portal of the Labour Department, Government of Puducherry in the Form-II The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

(2) Such application shall be made to the Chief Inspector-cum- Facilitator or any other officer appointed and specially empowered in this behalf by the Chief Inspector-cum-Facilitator, electronically and the Chief Inspector-cum-Facilitator or such officer as the case may be shall immediately, if, the application is complete in all respects but, not later than seven days from the date of submission of complete application, issue necessary approval for transfer of licence, failing which such licence shall be deemed to have been issued and the licence shall be auto generated.

(3) A fee of ` 500 (rupees five hundred only) shall be charged on each such application and in case of any revised enhanced licence fee, the Transferee shall be liable to pay the difference in licence fee paid by the Transferor and the revised enhanced licence fee as on the date of Transfer of licence, if any.

(19) Procedure on death or in solvency of licensee.— If, a licensee dies or becomes insolvent and, the person law fully claiming under him and carrying the business of such licensee shall not be liable to pay any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence in his own name for the unexpired portion of the original licence.

500 LA GAZETTE DE L'ETAT [PART–II

(20) Payment of Fees.— Every application under these rules

where fees is required to be paid shall be paid electronically or

otherwiseand credited to the treasury in the head as may be specified

by the Government of Puducherry from time to time.

If, an application for the grant or renewal of a licence is

refused the fee paid shall be refunded to the applicant by the Chief Inspector-cum-Facilitator, after deducting a fee of ` 500 towards scrutiny of application.

56. Common facilities and services for joint liability of owner of

p r e m i s e s a n d o c c u p i e r s o f t h e f a c t o r i e s u n d e r s e c t i o n 8 0 . —

(1) Wherein, any premises, separate buildings are leased to different

occupiers for use as separate factories, the owner of the premises shall

be responsible for the provisions and maintenance of common facilities

and services, such as approach road, drainage, water supply, lighting

and sanitation.

(2) Wherein, any premises, independent or self-contained floors

or flats are leased to different occupiers for use as separate factories,

the owner of the premises shall be liable as if, he were the occupier or

Manager of the factory, for any contravention of the provisions of this

Code, in respect of,-

(i) latrines, urinals and washing facilities in so far as the

maintenance of the common supply of water for these purposes

is concerned;

(ii) fencing of machinery and plant belonging to the owner

and not specifically entrusted to the custody or use of an

occupier;

(iii) safeness of access to the floors or flats and maintenance

and cleanliness of stair cases and common passages;

(iv) precautions in cases of fire;

(v) maintenance of hoists and lifts; and

(vi) maintenance of any other common facilities provided in

the premises.

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PART–II] LA GAZETTE DE L'ETAT

(3) The Chief Inspector-cum-Facilitator shall have subject to the

control of the appropriate Government, power to issue orders to the

owner of the premises in respect of carrying out of the provisions of

sub-rules (1) and (2).

(4) The provisions of sub-rule (2) relating to the liability of the

owner/occupier shall apply any premises wherein, independent rooms

with common latrines, urinals and washing facilities are leased to

different occupier(s) for use as separate factories:

Provided that the owner/occupier shall be responsible also for

supplying with the requirements relating to the provision and

maintenance of latrines, urinals and washing facilities.

(5) The Chief Inspector-cum-Facilitator shall have subject to the

control of the appropriate Government, the power to issue orders to the

owners/occupiers of the premises referred to in respect of the carrying

out of the provisions of section 24 of the Code.

(6) Wherein, any premises, portions of a room or a shed are

leased to different occupiers for use as separate factories, the owners/

occupiers of the respective portion of the premises shall be liable for

any contravention of the provisions of,-

(i) Chapter V of the Code, except clause (iii) and (iv) of

sub-section (2) of section 23;

(ii) Chapter V of the Code, except the list of matters at

S. Nos. (2), (3), (7), (15) & (16) in the Second Schedule of the Code:

Provided in respect of the provisions at S.Nos. (1), (4), (12)

listed in the Second Schedule of the Code, the owner's liability

shall be only in so far as such provisions relate to things under

his control:

Provided further that the occupier shall be responsible for

complying with the provisions of Chapter V in respect of plant

and machinery belonging to or supplied by him.

(iii) clause (i) of sub-section (1) of sub-section (1) of section 24

of Chapter VI.

502 LA GAZETTE DE L'ETAT [PART–II

(7) The Chief Inspector-cum-Facilitator shall have, subject to the control of the appropriate Government, the power to issue orders to the owners of the premises in respect of, carrying out the provisions of clause (7)of sub-section(1) of section 24.

(8) In respect of Clauses (4) and (6) of sub-section (1) of section 24, while computing for the purposes of any of the provisions of this Code, the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

57. Dangerous operations under section 82.— (1) The following operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under section 82 of the Code.-

(i) Manufacture of aerated water and processes incidental

thereto.

(ii) Phosphating, Electrolytic plating or oxidation of metal article by use of an electrolyte containing chromic acid or other chromium compounds.

(iii) Manufacture and repair of electric accumulators.

(iv) Glass manufacture.

(v) Grinding or glazing of metals and processes incidental

thereto.

(vi) Manufacture and treatment of lead and certain compounds

of lead.

(vii) Generation of gas from dangerous petroleum.

(viii) Cleaning or smoothing, roughening, etc., of articles, by a jet of sand, metal shot, or grit or other abrasives propelled by blast of compressed air or steam.

(ix) Liming and tanning of raw hides and skins and processes

incidental thereto.

(x) Cellulose spraying.

(xi) Graphite powdering and processes incidental thereto.

(xii) Certain lead process carried on in printing presses and type

foundries.

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PART–II] LA GAZETTE DE L'ETAT

(xiii) Cashewnut processing.

(xiv) Dyeing, stencilling and painting of mats, mattings and

carpets in coir and fibre factories.

(xv) Handling and manipulation of corrosive substances.

(xvi) Pottery and ceramic industry.

(xvii) 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.

(xviii) Chemical works.

(xix) Manufacture or manipulation of carcinogenic dye

intermediates.

(xx) Process of extracting oils and fats from vegetable and animal

sources in solvent extraction plants.

(xxi) Manufacture or manipulation of benzene.

(xxii) Carbon di-sulphide plant.

(xxiii) Manipulation of stone or any other material containing free

silica.

(xxiv) Highly flammable liquids and flammable compressed gases.

(xxv) Manufacture or manipulation of dangerous pesticides.

(xxvi) Operations in foundries.

(xxvii) Operations involving high noise and vibration levels.

(xxviii) Manufacture or manipulation of manganese and its

compounds.

(2) Prohibiting or restricting the employment of pregnant woman in the manufacturing process or operation.— Every Occupier or employer shall ensure to prohibit or restrict the employment of pregnant women in hazardous and dangerous operations which exposes them to serious risk of bodily injury, poisoning of disease. However, the Occupier shall make all the necessary arrangements for providing adequate safeguards prior to the employment of pregnant woman in case they are required to work in hazardous or dangerous operations.

504 LA GAZETTE DE L'ETAT [PART–II

(3) Periodical Medical Examination.—

(i) For the medical examination of employees to be carried out by the Medical Officer as required by Schedule B-II to Schedule B-VI, Schedule VIII & IX, Schedule XI to XIV, Schedule XVI to XIX, Schedule XXV, Schedule XXIII, Schedule XXV to B- XXVIII, the occupier of the factory shall pay fee at the rate of five hundred rupees per examination of each worker every time he/she is examined;

(ii) The fees prescribed in clause (i) shall be exclusive of any charges for biological, radiological or other tests which may have to be carried out in connection with the medical examinations. Such charges shall be paid by the occupier;

(iii) The fees to be paid for medical examination shall be paid electronically to the Chief Inspector-cum-Facilitator in the manner as may be prescribed by him.

(4) Welfare amenities, sanitary facilities, protective clothing and other necessary requirements for dangerous operations.— The provisions specified in the Schedule B-I to Schedule B-XXVIII shall apply to any class or description of factories wherein dangerous manufacturing processes or operations specified in each part of the Schedules are carried on.

(5) Notwithstanding anything contained in Schedule B-I to Schedule B-XXVIII, the Inspector-cum-Facilitator may issue order in writing to the occupier directing them to carry out 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 B-I to Schedule B-XXVIII, 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 or a longer time as specified in the Schedule B-I to Schedule B-XXVIII.

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PART–II] LA GAZETTE DE L'ETAT

58. Site Appraisal Committee under section 83.— (1) The Government of Puducherry may constitute a Site Appraisal Committee as and when necessary, consisting of—

(i) the Chief Inspector-cum-Facilitator who shall be its

Chairman;

(ii) a representative of the State Pollution Control Board of the

Government of Puducherry;

(iii) a representative of the Department of Environment of the

Government of Puducherry;

(iv) a representative of the Department of Town and County

Planning, Government of Puducherry;

(v) an expert in the field of occupational health;

(vi) a representative of the Department of Industries of the

Government of Puducherry;

(vii) a Scientist having specialised knowledge of the hazardous process which will be involved in the factory; and

(viii) any other person as deemed fit by the Government of

Puducherry.

(2) No member, unless required to do so by a Court of law, shall disclose otherwise than in connection with the purposes of the Act, at any time any information relating to manufacturing or commercial business or any working process which may come to his knowledge during his tenure as a Member on this Committee.

(3) (i) Applications for appraisal of sites in respect of the industries covered under clause (za) of sub-section (1) of section 2 of the Code shall be submitted to the Chairman of the Site Appraisal Committee;

(ii) The application for site appraisal along with fifteen copies thereof shall be submitted in Form XXVII. 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;

(iii) Functions of the Site Appraisal Committee.- 506 LA GAZETTE DE L'ETAT [PART–II

(a) The Chairman shall arrange to register the applications received for appraisal of site, in separate register and acknowledge the same within a period of seven days;

(b) The Chairman 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 rule 5 of the Environment (Protection) Rules, 1986 framed under the Environment (Protection) Act, 1986;

(e) The Committee may call for documents, examine experts, inspect the site if necessary and take other steps for formulating its views in regard to the suitability of the site; and

(f) Wherever the proposed site requires clearance by the Ministry of Commerce and Industries or by the Ministry of Environment, Forests and Climate change of Government of India, the application for Site Appraisal will be considered by the Site Appraisal Committee only after such clearance had been received.

59. The manner of disclosing information by occupier of a factory under sub-section (1), (2), (5) and (7) of section 84.— (1) The occupier of every factory carrying on a 'hazardous process' shall arrange to obtain or develop information in the form of Material Safety Data Sheet (MSDS) 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 —

507

PART–II] LA GAZETTE DE L'ETAT

(i) Every such Material Safety Data Sheet shall include the

following information: -

(a) the identification mark used on the label;

(b) hazardous ingredients of the substance;

substance;

(d) the physical hazards of the hazardous substance,

including the potential for fire, explosion and reactivity;

(e) the health hazards of the hazardous substance, including signs and symptoms of exposure and any medical conditions which are generally recognised as being aggravated by exposure to the substance;

(f) the primary route(s) of entry;

(g) the permissible limits of exposure prescribed in the Schedule-E of these rules, and in respect of a Chemical not covered by the said Schedule, any exposure limit recommended by the manufacturer, importer or prescribed by the Government;

(h) Any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks;

(i) Any generally applicable control measures, such as appropriate engineering controls, work practices, or use of personal protective equipment;

(j) Emergency and first aid procedures;

(k) The date of preparation of the Material Safety Data Sheet,

or the last change to it;

(l) The name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures, if necessary.

508 LA GAZETTE DE L'ETAT [PART–II

(2) 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 the 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 —

(i) An example of such Material Safety Data Sheet is given in

the Schedule-C;

(ii) Labelling: Every container of hazardous substances shall

be clearly labelled or marked to identify-

(a) the contents of the container;

(b) the name and address of the manufacturer or importer

of the hazardous substances;

(d) the recommended personal protective equipment needed to work safely with the hazardous substance.

(3) Disclosure of Information to Workers.— (i) The occupier of a factory carrying on a 'hazardous process' shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation, storage and other processes-

(a) Requirements of sections 84, 85 and 89 of the Code;

(b) A list of 'hazardous processes' carried on in the factory;

Sheets as per this rule;

(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 taken by the workers to ensure safe handling,

storage and transportation of hazardous substances;

(g) Personal Protective Equipment required to be used by workers employed in 'hazardous process' or 'dangerous operations';

509

PART–II] LA GAZETTE DE L'ETAT

(h) Meaning of various labels and markings used on the containers of hazardous substances as provided under this rule;

(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-à-vis, the emergency plan of the

factory, in particular the evacuation procedures;

(l) Any other information considered necessary by the

occupier to ensure safety and health of workers.

(i) The information required by sub-rule (i) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the workplaces. The booklets, leaflets and the cautionary notices displayed in the factory shall be in the language understood by the majority of the employees and also explained to them;

(ii) The Chief Inspector-cum-Facilitator may direct the occupier to supply further information to the workers as deemed necessary.

(4) Disclosure of information to general public.—

(i) The occupier of every factory carrying on a 'hazardous process' shall in consultation with the District Emergency Authority designated by the appropriate Government, take appropriate steps to inform the general public who are likely to be in the area which might be affected by an accident. Such information shall include,—

(a) Name of the factory and address where situated;

(b) Identification, by name and position, of the person

giving the information;

Factories Inspectorate and Pollution Control Board;

(d) An explanation in simple terms of the hazardous

process(es) carried on in the premises;

510 LA GAZETTE DE L'ETAT [PART–II

(e) The common names of the hazardous substances used which could give rise to an accident likely to affect them, with an indication of their principal harmful characteristics;

(f) Brief description of the measures to be taken to minimize the risk of such an accident in compliance with its legal obligations under relevant safety statutes;

(g) Salient features of the approved disaster control

measures adopted in the factory;

(h) Details of the factory's emergency warning system for

the General Public;

(i) General advice on the action, members of the public

should take on hearing the warning;

(j) Brief description of arrangements in the factory, including liaison with the emergency services, to deal with foreseeable accidents of such nature and to minimize their effects; and

(k) Details of where further information can be obtained.

(ii) The occupier shall also supply any further information

(a) to general public as directed by the District Emergency

Authority from time to time;

(b) to the elected representatives of the general public on

request;

(iii) The occupier shall endeavour to enter into an agreement with the District Emergency Authority for the area, within whose jurisdiction the factory is situated, for the District Emergency Authority to take appropriate steps to inform the general public outside the factory who are likely to be affected by an accident as referred to in clause (i);

(iv) The information prescribed in sub-rule (4) shall be in the regional language like Tamil or Malayalam or Telugu and in English.

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PART–II] LA GAZETTE DE L'ETAT

(5) Disclosure of information to the local authority.— The occupier of every factory carrying on a 'hazardous process' shall furnish the following information in writing to the local authority having jurisdiction over the area in which the factory is situated: -

(i) the information furnished to general public as prescribed

in sub-rule (4);

(ii) a statement of the names and quantities generally stored or in process of hazardous substances included in the list of chemicals prescribed under clauses (vi) and (vii) of sub-section (2) of section 3 of the Environment (Protection) Act,1986.

(6) Disclosure of information to District Emergency Authority.—

(i) The occupier of a factory carrying on a hazardous process, shall intimate the District Emergency Authority designated by the Government of Puducherry, all information having a bearing on preparation of an on-site emergency plan and a disaster control and management plan in respect of the factory;

(ii) Without prejudice to the generality of this clause, the occupier shall furnish the District Emergency Authority the following: -

(a) A report on status relating to risk assessment and environmental impact assessment and the measures taken for prevention of accidents.

(b) Compilation of Material Data Sheets in respect of hazardous substances used, produced or stored in the factory;

(c) A statement on all possible sources of accidents involving fire, explosion, release or leakage of toxic substances and the plan of the premises where such an accident may occur;

(d) A statement on resources and facilities available for dealing with an emergency including any agreement entered into with a neighbouring factory for aid and assistance in the event of an emergency;

512 LA GAZETTE DE L'ETAT [PART–II

(e) A map of the area showing the approaches to the factory location of emergency facilities such as hospitals, Police, fire service;

(f) The organisation of the management and the responsibility for safety indicating therein, the persons responsible for onsite emergency action;

(g) Details relating to alert system;

(h) Information on availability of antidotes for poisoning

resulting from an accident;

(i) Any other information as may be considered relevant by the occupier or asked for by the District Emergency Authority.

(7) Disclosure of information to the Chief Inspector-cum-

Facilitator.—

(i) The occupier of every factory carrying on 'hazardous process' shall furnish, in writing, to the Chief Inspector-cum- Facilitator, a copy of all the information furnished to the workers, local authority, general public and the District Emergency Authority;

(ii) A copy of compilation of Material Safety Data Sheets in respect of hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector-cum- Facilitator, and the local Inspector-cum-Facilitator;

(iii) The occupier shall also furnish any other information asked for by the Chief Inspector-cum-Facilitator from time to time for the purpose of the Code and Rules made thereunder.

(8) Emergency plan.—

(i) The occupier of a factory carrying on a hazardous process shall prepare a draft on-site emergency plan and submit it to the Chief Inspector-cum-Facilitator. The Chief Inspector- cum-Facilitator may make such modification in the plan as necessary, in consultation with the occupier and approve the same;

(ii) The occupier will submit a copy of the approved plan to

the District Emergency Authority;

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PART–II] LA GAZETTE DE L'ETAT

(iii) The occupier will intimate the workers,the provisions of the emergency plan and hold rehearsals of the plan periodically. He shall review the plan from time to time and make necessary changes therein under intimation to the Chief Inspector-cum- Facilitator and the District Emergency Authority;

(iv) The Chief Inspector-cum-Facilitator may issue guidelines relating to formulation of emergency plans. He may also direct modifications of the emergency plan in respect of any factory as may be necessary, from time to time.

(9) Disaster Control and Management Plan.—

(i) The occupier of every factory carrying on a hazardous process shall prepare a draft disaster control and management plan in respect of his factory and submit the same to the Chief Inspector-cum-Facilitator and the District Emergency Authority;

(ii) The District Emergency Authority on receipt of the plan shall hold consultation with the occupier, representatives of the Chief Inspector-cum-Facilitator, the State Pollution Control Board, local authority as well as Police, health, fire brigade and other authorities concerned and finalise the plan;

(iii) The District Emergency Authority shall forward a copy of the final plan to the occupier and all authorities concerned. The occupier shall intimate the workers the contents of the plan.

(iv) The occupier in consultation with the District Emergency Authority will arrange rehearsals of the plan at least once a year;

(v) The Chief Inspector-cum-Facilitator may issue guidelines for formulation of disaster control and management plans. The Chief Inspector-cum-Facilitator as well as the District Emergency Authority may after mutual consultation, also direct modifications of the disaster control and management plan in respect of a factory as may be necessary from time to time.

(10) Information on Industrial Wastes.—

(i) The information furnished under sub rules (3), (5), (6) and (7) of rule 60 shall include the quantity of the solid and liquid wastes generated per day, their characteristics and the method of treatment such as incineration of solid wastes, chemical and biological treatment of liquid wastes, and arrangements for their final disposal;

514 LA GAZETTE DE L'ETAT [PART–II

(ii) 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, electro-static precipitators or similar such arrangements made for controlling pollution of the environment;

(iii) The occupier shall also furnish the information prescribed in clause (i) and clause (ii) to the State Pollution Control Board.

(11) Review of the Information furnished to workers, etc.—

(i) The occupier shall review once in every calendar year and modify, if necessary, the information furnished under sub-rules (3) to (7) of rule 59 to the workers, general public, local authority, Chief Inspector-cum-Facilitator and the District Emergency Authority;

(ii) 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;

(12) Confidentiality of information.—

(i) The occupier of a factory carrying on 'hazardous process' shall disclose all information needed for protecting safety and health of the workers and the general public in the neighbourhood—

(a) His workers;

(b) District Emergency Authority; and

(c) Chief Inspector-cum-Facilitator

as required under sub-rules (3), (6) and (7) of this rule. If, the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector-cum-Facilitator stating the reasons for withholding such information. The Chief Inspector-cum-Facilitator shall give an opportunity to the occupier of being heard and pass an order on the representation;

515

PART–II] LA GAZETTE DE L'ETAT

(ii) An occupier aggrieved by an order of Chief Inspector- cum-Facilitator may prefer an appeal before the Government of Puducherry within a period of 30 days. The Government shall give an opportunity to the occupier of being heard and pass an order. The order of the Government shall be final.

60. The conditions for accessibility of the record by the employees under clause (a) of section 85.— (1) The occupier of every factory carrying out a 'hazardous process' shall make accessible the health records including the record of worker's exposure to hazardous process or, as the case may be, the medical records of any worker for his perusal under the following conditions: -

(i) Once in every six months or immediately after the medical

examination whichever is earlier;

(ii) If, the Factory Medical Practitioner is of the opinion that the employee has manifested signs and symptoms of any notifiable disease as specified in the Third Schedule of the Code;

(iii) If, the worker leaves the employment;

(iv) If, any one of the following authorities so direct: -

– the Chief Inspector-cum-Facilitator;

– the Health Authority of the Central or Government of

Puducherry;

– the Commissioner of Workmen's Compensation;

– the Director, Employees State Insurance Corporation

(Medical Benefits); and

– 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.

61. The qualification and experience of persons handling hazardous substance and manner of providing necessary facilities for protecting the workers under clause (b) of section 85.— (1) All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience:—

516 LA GAZETTE DE L'ETAT [PART–II

(i) A degree in Chemistry or Diploma in Chemical

Engineering or Technology with 5 years'

experience; or

(ii) A Master's Degree in Chemistry or a Degree in

Chemical Engineering or Technology with 2 years'

experience;

(iii) The experience stipulated above shall be in process

operation and maintenance in the Chemical

Industry;

(iv) The Chief Inspector-cum-Facilitator may require to

undergo training in Health and Safety for

supervision.

(2) The syllabus and duration of the above training and the

organisations conducting the training shall be approved by the

Directorate-General FactoryAdvice Services and Labour Institutes or the

appropriate Government in accordance with the guidelines issued by the

Directorate-General FactoryAdvice Services and Labour Institutes.

62. The manner of providing for medical examination of an worker

under sub-clause (ii) of clause (c) of section 85.— (1) Workers employed

in a 'hazardous process' shall be medically examined by a qualified

medical practitioner hereinafter, referred to as a Factory Medical

Practitioner, in the following manner: —

(i) Once before employment, to ascertain physical fitness of

the person to do the particular job;

(ii) Once in a period of 6 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 Factory Medical Practitioner, it is necessary

to do so at a shorter interval in respect of any workers;

(iii) The details of pre-employment and periodical medical

examination carried out as aforesaid shall be recorded in

the Health Register in the Form XXV.

517

PART–II] LA GAZETTE DE L'ETAT

(2) No person shall be employed for the first time without a certificate of fitness in Form XXIV granted by the Factory Medical Practitioner. If, the Factory 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 is also the Medical Officer, he may dispose of the application himself.

(3) Any findings of the Factory 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 30 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 shall be provided with alternate placement unless he is in the opinion of the Medical Officer, fully incapacitated in which case the worker affected shall be suitably rehabilitated.

(4) A Medical Officer on his own motion or on a reference from an Inspector-cum-Facilitator may conduct medical examination of worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Medical Officer in such a case shall be final. The fee required for this medical examination shall be paid by the occupier.

(5) The worker 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.

(6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the Central Government or the State Government shall not refuse to undergo such medical examination.

63. The measures or standards under sub-section (1) of section 86.— (1) Occupational Health Centres-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 scale laid down hereunder:—

518 LA GAZETTE DE L'ETAT [PART–II

(i) For factories employing up to 50 workers,-

(a) The services of a Factory Medical Practitioner, on retainer-ship 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 62 and render medical assistance during any emergency;

(b) A minimum of 5 persons trained in first-aid procedures amongst whom at least one shall always be available during the working period;

(ii) For factories employing 51 to 200 workers,-

(a) An occupational Health Centre having a room with a minimum floor area of 15 sq.metre with floors and walls made of smooth and impervious surface and with adequate illumination and ventilation as well as equipment as per the Schedule-D;

(b) A part-time Factory Medical Practitioner, shall be in 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;

duty throughout the working period;

(d) A fully equipped first aid box in all the Departments;

(iii) For Factories employing above 200 workers;

(a) One full-time Factory Medical Practitioner, for factories employing up to 500 workers and one more Medical Officer for every additional 1000 workers or part thereof;

(b) An Occupational Health Centre having at least 2 rooms each with a minimum floor area of 15 sq. metre with floors and walls made of smooth and impervious surface and adequate illumination and ventilation as well as equipment as per the Schedule-D;

519

PART–II] LA GAZETTE DE L'ETAT

(d) The Occupational Health Centre shall be suitably

equipped to manage medical emergencies.

(2) The Factory Medical Practitioner, required to be appointed under clause (a) shall have qualifications included in Schedule to the Indian Medical Degrees Act,1916 or in the Schedules to the Indian Medical Council Act,1956 and possess a Certificate of Training in Industrial Health of minimum three months duration recognised by the Government of Puducherry:

Provided that-

(i) A person possessing a Diploma in Industrial Health or equivalent shall not be required to possess the certificate of training as aforesaid;

(ii) The Chief Inspector-cum-Facilitator may, subject to such conditions as he may specify, grant exemption from the requirement of this sub-rule, if, in his opinion a suitable person possessing the necessary qualification is not available for appointment;

(iii) In case of a person who has been working as a Factory Medical Practitioner for a period of not less than 3 years on the date of commencement of this rule, the Chief Inspector-cum- Facilitator may, subject to the condition that the said person shall obtain the aforesaid certificate of training within a period of three years, relax the qualification.

(3) The syllabus of the course leading to the above certificate, and the organisations conducting the Course shall be approved by the Directorate-General of Factory Advice Service and Labour Institutes or the Government of Puducherry in accordance with the guidelines issued by the Directorate-General FactoryAdvice Services & Labour Institutes.

(4) Within one month of the appointment of a Factory Medical Practitioner, the occupier of the Factory shall furnish to the Chief Inspector-cum-Facilitator the following particulars:-

(i) Name and address of the Factory Medical Practitioner;

(ii) Qualifications;

(iii) Experience, if any; and

(iv) the sub-rule under which appointed

520 LA GAZETTE DE L'ETAT [PART–II

(5) Ambulance Van— (i) 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

clause(ii) of this rule and 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. The ambulance van shall not be

used for any purpose other than the purpose stipulated herein and will

normally be stationed at or near the Occupational Health Centre:

Provided that a factory employing less than 200 workers, may make

arrangements for procuring such facility at short notice from a nearby

hospital or other places, to meet any emergency.

(ii) The Ambulance should have the following equipment:—

(a) General:

(i) A wheeled stretcher with folding and adjusting

devices; with the head of the stretcher capable of

being tilted upward;

(ii) Fixed suction unit with equipment;

(iii) Fixed oxygen supply with equipment;

(iv) Pillow with case; Sheets; Blankets; Towels;

(v) Emesis bag; Bedpan; Urinal; Glass.

(b) Safety equipments:

(i) Flares with life of 30 minutes; Floodlights;

(ii) Flash lights; Fire extinguisher dry power type;

(iii) Insulated gauntlets.

(c) Emergency Care Equipment Resuscitation:

(i) Portable suction unit; Portable oxygen units;

(ii) Bag-valvemask, hand operated artificial ventilation

unit;

(iii) Airways; Mouthgags; Tracheostomy adapters;

521

PART–II] LA GAZETTE DE L'ETAT

(iv) Short spine board; I.V. Fluids with administration unit;

(v) B.P. Manometer; Stethoscope.

(d) Immobilization:

(i) Long and short padded boards; Wire ladder splints;

(ii) Triangular bandage; Long and short spine boards.

(e) Dressings:

(i) Gauze pads - 4" x 4"; Universal dressing 10" x 36";

(ii) Roll of aluminium foils; Soft roller bandages 6" x 5

yards;

(iii) Adhesive tape in 3" roll; Safety pins;

(iv) Bandage sheets; Burn sheet.

(f) Poisoning:

(i) Syrup of ipecae; Activated Charcoal Pre-packeted in

dozes; Snake bite kit;

(ii) Drinking water.

(g) Emergency Medicines:

As per requirement (under the advice of Medical

Officer only)

(6) Decontamination Facilities— In every factory, carrying out

'hazardous process', the following provisions shall be made to meet

emergency:-

(i) fully equipped first-aid box;

(ii) readily accessible means of water for washing by workers

as well as for drenching the clothing of workers who have been

contaminated with hazardous and corrosive substance; and such

means shall be as per the scale shown in the Table below :-

522 LA GAZETTE DE L'ETAT [PART–II

TABLE

Sl. No. of persons employed No. of drenching showers No. at any time

(1) (2)

(3)

(i) Up to 50 workers 2

(ii) Between 51 to 200 workers 2+1 for every additional 50 or

part thereof

(iii) Between 201 to 500 workers 5+1 for every additional 100 or

part thereof

(iv) 501 workers and above 8 + 1 for every additional 200 or

part thereof

(iii) 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.

64. Issue of Guidelines.— For the purpose of compliance with the requirements under sub-sections (1), (4) and (7) of section 84 or section 85 of the Code, the Chief Inspector-cum-Facilitator may, if, deemed necessary, issue guidelines from time to time to the occupiers of factories carrying on 'hazardous process'. Such guidelines may be based on National Standards, Codes of Practice, or recommendations of International Bodies such as International Labour Organisation (ILO) and World Health Organisation (WHO).

65. The value of the maximum permissible limit of exposure of chemical and toxic substances in manufacturing process in any factory under section 88.— The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Schedule-E.

66. The appellate authority for appeal against the order of Inspector-cum-Facilitator of factory and the manner of appeal under section 90.— (1) An appeal presented under section 90 shall lie with the Chief Inspector-cum-Facilitator in cases where the order appealed against is an order passed by that officer, with the appropriate 523

PART–II] LA GAZETTE DE L'ETAT

Government or with such authority as the appropriate Government may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing Court-fees stamp in accordance with Article 11 of Schedule-II to the Court Fees Act, 1870, and shall be accompanied by a copy of the order

appealed against.

(2) On receipt of the memorandum of appeal, the appellate authority shall, if, it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If, an

assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector-cum-Facilitator whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

(3) The appellant shall state in the memorandum presented under sub-rule(1) whether he is a member of one or more of the following bodies. The body empowered to appoint the assessor shall;-

(i) If, the appellant is a member of one of such bodies, be that

body;

(ii) If, he is a member of two such bodies, be the body which

the appellant desired should appoint such assessor; and

(iii) If, the appellant is not a member of any of the aforesaid bodies or of he does not state in the memorandum, which of such bodies, he desires should appoint the assessor, be the body which the appellant authority considers as the best fitted to represent the industry concerned.

1……………………………

2……………………………

3……………………………

4……………………………

524 LA GAZETTE DE L'ETAT [PART–II

(4) An assessor appointed in accordance with the provisions of sub-rules (2) and (3) shall receive, for the bearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of ` 50 per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by appropriate Government, but, where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or partly against him, the appellate authority may direct that the fees and travelling expenses of the assessors shall be paid in whole or in part by the appellant.

67. Persons defined to hold positions of supervision or management underclause (a) of sub-section (1) of section 91.— (1) The following persons shall be deemed to hold positions of supervision or management:-

(i) all persons specified in the Schedule-F; and

(ii) any other person who, in the opinion of the Inspector-cum- Facilitator, holds a position of supervision or management as given in Schedule-F

(2) Any other person, so declared as holding positions of supervision or management or holding a confidential position in the Factory in writing, by the Chief Inspector-cum-Facilitator;

68. Exemptions under clause (b) of sub-section (1) of section 91.— Adult workers engaged in factories specified in column (2) of the Schedule-G on the work specified in column (3) of the said Schedule shall be exempted from the provisions of the sections specified in the column (4) subject to the conditions, if any, specified in column (5) of the said Schedule.

CHAPTER–XI

OFFENCES AND PENALTIES

69. Authority for holding enquiry under sub-section (1) of section 111.— (1) The Government of Puducherry may by notification in the Official Gazette appoint any Gazetted Officer not below the rank of Deputy Labour Commissioner or any other officer for holding enquiry and imposing penalty in such manner as may be prescribed by the Central Government under sub-section (1) of section 111.

525

PART–II] LA GAZETTE DE L'ETAT

(2) The Government may appoint subordinate officers and staffs to the Enquiry Officer as it considers necessary for the efficient discharge of its function under this Code and rule.

70. Form and manner of preferring appeal and the fee to accompany such appeal under sub-section (3) of section 111.— (1) The employer aggrieved by the order of Enquiry Officer, may appeal against such order before the Appellate Officer appointed by the Government of Puducherry for such purpose within thirty days from the date of receipt by him of such order, electronically or otherwise in FORM XXVIII along with fee @ 25% of penalty imposed to be deposited in the official account of the Appellate Authority electronically or otherwise.

(2) Where, the memorandum of appeal is in order, the appellate authority shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form to be kept for the purpose called the register of appeals.

(3) When, the appeal has been admitted, the appellate authority shall send the notice of the appeal to the Enquiry Officer, against whose order the appeal has been preferred and the Enquiry Officer shall thereupon send the records of the case to the appellate authority online electronically or otherwise.

(4) On receipt of the appeal, the appellate authority shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal electronically or by registered post.

(5) If, on the date fixed for hearing, the appellant does not appear, the appellate authority may dismiss the appeal for default of appearance of the appellants by sending the copy of the order to the applicant electronically or otherwise.

(6) Where an appeal has been dismissed, the appellant may apply electronically to the appellate authority for the restoration of the appeal within thirty days from the date of receipt of the order and if, the appellate authority is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate authority shall restore the appeal subject to costs at the discretion of the authority.

526 LA GAZETTE DE L'ETAT [PART–II

(7) The order of the appellate authority shall be communicated electronically or by registered post to the appellant and copy thereof shall be sent to the registering officer against whose order the appeal has been preferred and shall be disposed of within a period of thirty

days from the date of receipt of appeal.

7 1 . M a n n e r o f c o m p o u n d i n g u n d e r s u b - s e c t i o n ( 1 ) o f

section 114.— (1) The officer notified by the Government of Puducherry

for the purposes of compounding of offences under sub-section (1) of

section 114 shall issue electronically or otherwise, a compounding notice

for the offences which are compoundable under sub-section (1) of

section 114 of the Code.

(2) The person issued with notice may apply to the officer

electronically or otherwise in FORM XXIX and deposit the entire

compounding amount by electronic transfer or otherwise, within thirty

days of the receipt of the notice.

(3) The Compounding Officer shall issue a composition

certificate within twenty days of receipt of the composition amount, to

such person from whom such amount has been received in satisfaction

of the composition notice.

(4) If, a person so noticed fails to deposit the composition

amount within one month before the institution of prosecution, the

prosecution shall be proceeded with before the Competent Court.

(5) No prosecution shall be instituted without giving an

opportunity to the employer to comply with such provisions subject to

proviso of sub-section (1) of section 110 and compounding as under

section 114.

(6) The amount of composition received during the month shall

be credited to the Social Security fund mentioned under sub-section (1)

of section 115 for the welfare of the unorganized workers, before 7th

day of succeeding month.

(7) The amount of composition received and credited shall be

recorded in a register in FORM XXX maintained for that purpose.

527

PART–II] LA GAZETTE DE L'ETAT

CHAPTER–XII

SOCIAL SECURITY FUND

72. Other sources of fund under sub-section (2) of section 115.— The Puducherry Government may by notification make separate rules for generating other sources of Puducherry Social Security Fund as under: -

(1) The Registration/Renewal fees collected from the establishments under the Code and any other labour law enacted by the State legislature.

(2) The unclaimed amount presently lying in the official accounts of all under Payment of Wages Act, 1936, Payment of Gratuity Act, 1972, Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Employees Compensation Act, 1923, etc.

(3) The unclaimed Security amount under Contract Labour (Regulation and Abolition) Act, 1970/Inter-State Migrant Workmen (RECS) Act, 1979.

(4) Any other resource as the Government of Puducherry may

decide at any point of time.

73. The manner of administering and expending the Social Security Fund under sub-section (3) of section 115.— The Government of Puducherry in consultation with Puducherry unorganized sector Workers Welfare Board may notify the manner in which the fund shall be administered and expended for the welfare of the unorganized workers and the transfer of any amount in the fund to any other fund established under any other law for the time being in force for the welfare of the unorganized workers.

CHAPTER–XIII

MISCELLANEOUS

74. The form of application, manner of filing the application and

the fee to be accompanied therewith including the information relating

to the engagement of Contract workers including Inter-State migrant

employees under sub-section (2) of section 119.— (1) If, a contractor

desirous of obtaining licence for,-

528 LA GAZETTE DE L'ETAT [PART–II

(i) supplying or engaging contract labour; or

(ii) undertaking or executing the contract works under sub-section (1) or sub-section (2) of section 47 in more than one District or for the whole of the Union territory of Puducherry, then he shall apply electronically or otherwise on the official portal of Labour Department, Government of Puducherry in Form-XIV to the licensing authority appointed by the Government.

(2) Application for single licence shall be submitted electronically or otherwise to the authority notified in this behalf under sub-section (1) of section 119 of the Code.

(3) Licence issued under this rule shall be valid for five years.

(4) Copy or copies of the licence so issued shall be sent to the District Officers of the Labour Department in whose jurisdiction, the contract work or works for which licence is issued, falls.

75. Actions, manner of taking actions and inquiry under sub-section (3) of section 119.— Where the Authority referred to in sub-section (3) of section 119 is satisfied that the common licence may be issued in respect of factory, industrial premises and for construction establishment engaging contract workers or any combination thereof, a single licence for any one of them under these rules shall be issued in Form-XV electronically or otherwise within 45 days of the receipt of the said application. In case the authority rejects the registration application, he shall assign the reasons for such rejections and communicate to the party within the above-mentioned period electronically or otherwise as the case may be.

76. The form of appeal, the fee to be accompanied therewith and the appellate authority under sub-section (6) of section 119.— (1) Any person aggrieved by an order passed under sub-section (1) of section 119 by the Authority referred to in rule 71 shall prefer an appeal before the Administrative Secretary to Government (Labour), Government of Puducherry.

(2) The Application for the appeal shall be accompanied with the rejection order of the Registering Authority and fee receipt of ` 1,000 to be deposited in the official account of the Appellate Authority.

529

PART–II] LA GAZETTE DE L'ETAT

77. The manner of survey under sub-section (2) of section 121.— The Committee as referred under sub-section (2) of section 121 shall be nominated and approved by the Government of Puducherry.

78. Any other matter which is required to be, or may be, prescribed under the Code.— The Puducherry Government may at any time after publication of these rules make such amendments and insertions as it deems proper by way of notification for carrying out any of the provisions under the Code.

SCHEDULE–A

[Prescribed under sub-rule (3) of rule 27)

Sl. Area under Qualification Experience Facilities at No. which required for the his command

competency purpose

is recognized

(1) (2) (3) (4) (5)

1 Certificate of Degree in (i) A minimum Stability for Civil or of 10 years Building Structural experience in the

Engineering design of

or equivalent construction or

testing or repair of structures;

(ii) Knowledge of

non-destructive testing, various codes of practices that are Current and the effect of vibrations and natural forces on the stability of the building; and

(iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure of the building.

530 LA GAZETTE DE L'ETAT [PART–II

(1) (2) (3) (4) (5)

2 Dangerous Degree in (i) A minimum Gauges for

Machines. Electrical or of 7 years measurement:

Mechanical experience in,- instruments for or Textile measurement of Engineering (a) design or speed and any or equivalent. operation or other equipment

maintenance; or device to or determine the

safety in the use (b) testing, of the dangerous

examination Machines. and inspection of relevant machinery, their guards, safety devices and appliances.

(ii) He shall-

(a) be conversant with safety devices and their proper functioning;

(b) be able to

identify defects and any other cause leading to failure; and

arrive at a reliable conclusion with regard to the proper functioning of safety device and appliance and machine guard.

531

PART–II] LA GAZETTE DE L'ETAT

(1) (2) (3) (4) (5)

3 Hoists and A Degree in (i) A minimum Facilities for

Lifts. Electrical or experience of load testing,

Mechanical 7 years in - tensile

Engineering testing gauge/

or its (a) design or equipment/

equivalent. erection or gadgets,

maintenance; for measurement

or and any other

equipment

(b) inspection and

required

test procedures

for determining

of lifts and

the safe working

hoists.

conditions of

hoists and lifts.

(ii) He shall be-

(a) conversant with

relevant codes

of practices and

test procedures

that are current;

(b) conversant with

other statutory

requirements

covering the

safety of the

hoists and lifts;

defects and

arrive at a

reliable

conclusion with

regard to the

safety of hoists

and lifts;

532 LA GAZETTE DE L'ETAT [PART–II

(1) (2) (3) (4) (5)

4. Lifting Degree in (i) A minimum Facilities for

Machinery Mechanical experience load testing,

and Lifting or Electrical of 7 years in,- tensile testing,

Tackles. or

heat treatment

Metallurgical (a) design or equipment/

Engineering erection or gadget for

or its maintenance; measurement,

equivalent. or gauges and

(b) testing,

such other equipment to

examination

determine the

and inspection

safe working

of lifting

conditions of

machinery,

the Lifting

chains, ropes

machinery,

and lifting

tackles.

(ii) He shall be,-

(a) conversant

with the

relevant codes

of practices

and test

procedures

that are

current.

(b) conversant

with fracture

mechanics and

metallurgy of

the material or

construction;

533

PART–II] LA GAZETTE DE L'ETAT

(1) (2) (3) (4) (5)

with heat treatment stress reliving techniques as applicable to stress bearing component and parts of lifting machinery and lifting tackles;

(d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes and lifting tackles.

5. Pressure Degree in (a) A minimum Facilities for Plant Chemical or experience of carrying out

Electrical or 10 years in,- hydraulic test, Metallurgical non-destructive or Mechanical (a) design or test, gauges/ Engineering or erection or equipment/ its equivalent. maintenance, gadgets for

or measurement

(b) testing,

examination and inspection, of pressure Plants.

and any other equipments or gauges to determine the safety in the use of pressure vessels.

534 LA GAZETTE DE L'ETAT [PART–II

(1) (2) (3) (4) (5)

(b) He shall be-

(a) conversant with the relevant codes of practices and test procedures relating to pressure vessels;

(b) conversant

with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure;

(d) able to identify defects and arrive at a reliable conclusion with regard to the safety of pressure plants.

535

PART–II] LA GAZETTE DE L'ETAT

(1) (2) (3) (4) (5)

6. Precautions Master's (i) A minimum of Meters,

against Degree in 7 years of instruments and Dangerous Chemistry, or experience in devices duly Fumes. a Degree in collection calibrated and

Chemical and analysis of certified for Engineering. environmental carrying out

samples and the tests and calibration of certification of monitoring safety in working equipment. in confined spaces.

(ii) He shall-

(a) be conversant

with the hazardous properties of chemicals and their permissible limit values;

(b) be conversant

with the current techniques of sampling and analysis of the environmental contaminants; and

at a reliable conclusion as regards the safety in respect of entering and carrying out work in confined spaces.

536 LA GAZETTE DE L'ETAT [PART–II

(1) (2) (3) (4) (5)

7. Ventilation Degree in (i) A minimum of Facilities for

Systems Mechanical 7 years of testing the

or Electrical experience in the ventilation

Engineering design, fabrication, system

or equivalent. installations, instruments

testing of and gauges for

ventilation system testing the

and systems used effectiveness of

for extraction and the extraction

collection of dusts, systems for

fumes and vapours dusts, vapours

and other ancillary and fumes,

equipment. and any other

equipment

(ii) He shall be

needed for

conversant with

determining

relevant codes of

the efficiency

practice and test

and adequacy

procedures that

of these

are current in

systems. He

respect of

shall have

ventilation and

the assistance

extraction system

of a suitable

for fumes, and shall

qualified

be able to arrive

technical person

at a reliable

who can come

conclusion with

to a reasonable

regard to

conclusion as to

effectiveness of

the adequacy

the system.

of the system.

537

PART–II] LA GAZETTE DE L'ETAT

SCHEDULE–B–I

MANUFACTURE OF AERATED WATERS AND PROCESSES

INCIDENTAL THERETO

1. Fencing of machines.— All machines for filling bottles or

siphons shall be so constructed, placed or fenced as to prevent, as far as may be practicable, a fragment of a bursting bottle or siphon from striking any person employed in the factory.

2. Face-guards and gauntlets.— (1) The occupier shall provide and maintain the following 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 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; and

(ii) where a machine is so constructed that only one arm of the bottler at work upon 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 cooking, crowning, screwing,

foiling, capsuling, sighting or labelling bottles or siphons,-

(a) suitable face-guards to protect the face, neck and throat;

and

(b) suitable gauntlets for both arms to protect the arm at least half of the palm and the space between the thumb and the fore-finger.

3. Wearing of face-guards and gauntlets.— All persons engaged in any of the process, specified in paragraph (2) shall, while at work in such processes, wear the face - guards and gauntlets provided under the provisions of the said paragraph.

538 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE–B-II

PHOSPHATING, ELECTROLYTIC PLATING OROXIDATION

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) "phosphating process" means, a chemical process for

surface treatment wherein soluble phosphate layers are formed.

or for any subsequent process; and

(d) "employed" means, employed in any process involving

contact with liquid from a bath.

2. Exhaust draught.— An efficient exhaust draught shall be applied to every vessel in which an electrolytic process is carried and such 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. 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.

3. Prohibition relating to women.— No woman 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 andclean condition the following articles of protective devices for the use of all persons employed on any process at which they are liable to come into contact with liquid from a bath and such devices shall be worn by the persons concerned—

539

PART–II] LA GAZETTE DE L'ETAT

(a) Waterproof aprons and bibs: and

(b) for persons actually working at a bath,loosefitting rubber gloves and rubber boots or other waterproof footwear and chemical goggles.

(2) The occupier shall provide and maintain for the use of all persons employed, suitable accommodation for the storage and drying of protective devices.

6. Water facilities.— (1) There shall be provided and maintained in good repairs for the use of all persons employed in electrolytic process and processes incidental to it-

(a) a wash place under cover, with either,-

(i) a trough with smooth impervious surface filled with a waste pipe, and of sufficient length to allow at least 60 cms, 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 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 having a constant supply of water laid on.

(b) a sufficient supply of clean towels renewed daily, and soap

or other suitable cleaning material.

(2) In addition to the facility in sub-paragraph (1), an approved type of emergency shower with eye fountain shall be provided and maintained in good working order. Wherever necessary, in order to ensure continuous water supply, storage tank of 1,500 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

1. Chemicals handled in this plant are corrosive and poisonous.

2. Smoking, chewing tobacco, eating food or drinking in this area is prohibited. No foodstuff or drink shall be brought in this area.

540 LA GAZETTE DE L'ETAT [PART–II

3. Some of these chemicals may be absorbed through the skin

and may cause poisoning.

4. A good wash shall be taken before meals.

5. Protective devices supplied shall be used while working in

this area.

6. Spillage of the chemicals on any part of the body or on the

floor shall be immediately washed away with water.

7. All employees shall report for the prescribed medical tests

regularly to protect their own health.

8. Medical facilities and record of examinations and tests.— (1) The occupier of every factory to which this Schedule applies shall,-

(a) employ a qualified medical practitioner for medical surveillance of the workers employed therein, whose appointment shall be subject to the approval of the Chief Inspector-cum-Facilitator;

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a); and

(c) maintain a sufficient supply of suitable barrier cream, ointment and impermeable water proof plaster in a separate box readily accessible to the workers and used solely for the purpose of keeping these substances. In case, cyanides are used in the bath, the box shall also contain an emergency cyanide kit.

(2) The medical practitioner shall examine all workers before they are employed in electrolytic processes. Such examination in case of chrome plating shall include inspection of hands, forearms and nose and will be carried out once at least in every fortnight.

(3) The record of the examinations referred to in sub-paragraph (2) shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

9. 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, —

541

PART–II] LA GAZETTE DE L'ETAT

(a) in case of chromium plating include examination for nasal

septum perforation and test for chromium in urine:

(b) in case of nickel plating, test for nickel in urine: and

Beta-2 microglobulin 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 process shall be

reexamined 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 out once in every

six months. Such reexamination shall wherever, the Medical Officer considers appropriate, include tests as specified under sub-paragraph

(1) excluding the X-ray of the chest which shall not be required normally to be carried out earlier than once in three years.

(4) The Medical Officer after examining a worker, shall issue a Certificate of Fitness in Form-XXIV. The record of examination and

reexaminations carried out shall be kept in the custody of the occupier/

Manager 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-XXV.

(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 electrolyte 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.

542 LA GAZETTE DE L'ETAT [PART–II

(7) No person who has been found unfit to work as said in sub-paragraph (6) shall be reemployed 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–B-III

MANUFACTURE AND REPAIR OF ELECTRIC ACCUMULATORS

1. Savings.— This Schedule shall not apply to the manufacture or repair of electric accumulators or parts thereof not containing lead or any compound of lead; or to the repair on the premises, of any accumulator forming part of a stationary battery.

2. Definitions.— For the purposes of this Schedule, -

(a) "Lead Process" means, the melting of lead or any materials 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 women.— No woman person 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 process shall be carried on in such a manner under such conditions as to secure effectual separation from one another, and from any other process:

(a) Manipulation of raw oxide of lead;

(b) Pasting;

(d) Formation with lead burning ("tacking") necessarily carried

on in connection therewith; and

(e) Melting down of pasted plates.

543

PART–II] LA GAZETTE DE L'ETAT

5. Air space.— In every room in which lead process is carried on, there shall be at least 14.2 cubic metres of air space for each person employed therein, and in computing this air space no height over 3.7metres shall be taken into account.

6. Ventilation.— Every workroom shall be provided with inlets and outlets of adequate size so 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 metres.

8. Floor of work rooms.— (1) The floor of every room in which

a 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 conditions;

(c) kept free from materials, plant or other obstruction 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

9. Work-benches.— The work-benches at which any lead process

is carried on shall, -

(a) have a smooth surface and be maintained in sound

condition;

544 LA GAZETTE DE L'ETAT [PART–II

(b) be kept free from all materials or plant not required for, or

produced in, the process carried on thereat;

(c) and all such work- benches other than those in grid casting shops shall be 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;

(d) and all such work-benches in grid casting shops be

cleansed daily;

(e) and every work-bench used for pasting shall, -

(i) be covered throughout with sheet lead or other

impervious material;

(ii) be provided with raised edges;

(iii) be kept constantly moist while pasting is being carried on.

10. Exhaust draught.— The following processes shall not be

carried on without the use of an efficient exhaust draught: -

(a) Melting of lead or materials containing lead;

(b) Manipulation of raw oxide of lead, unless done in an enclosed apparatus so as to prevent the escape of dust into the workroom;

(d) Trimming, brushing, filing or any other abrading or cutting

of pasted plates giving rise to dust;

(e) Lead burning, other than, -

"tacking" in the formation rooms;

(f) chemical burning for the making of lead linings for cell cases necessarily carried on in such a manner, that the application of efficient exhaust is impracticable.

Such exhaust draught shall be effected by mechanical means and shall operate on the dust or fume given off as nearly as may be at its point of origin, so as to prevent it entering the air of any room in which persons work.

545

PART–II] LA GAZETTE DE L'ETAT

11. Fumes and gases from melting pots.— The products of combustion produced in the heating of any melting pot shall not be allowed to escape into a room in which persons work.

12. 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, except 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 dust shall be deposited.

14. Racks and shelves in drying room.— The racks or shelves provided in any drying room shall not be more than 2.4 metres from the floor; not more than 61 centimetres in width; provided that as regards racks or shelves set or from both sides the total width shall not exceed 1.2 metres. Such racks or shelves shall be cleansed only after being thoroughly damped unless an efficient suction cleaning apparatus is used for this purpose.

15. Medical facilities and record of examinations and tests.— (1) The occupier of every factory in which manufacture and repair of electric accumulators is carried on, shall, -

(a) appoint a qualified Medical Practitioner or Factory Medical Practitioner for frequent medical examination of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector-cum-Facilitator; and

(b) provide to the said Factory Medical Practitioner, all the necessary facilities for the purpose referred to in clause (a).

(2) The record of medical examinations and appropriate tests carried out by the said Factory Medical Practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which shall be kept readily available for inspection by the Inspector- cum-Facilitator.

16. Medical examination by the Medical Officer.— (1) Every worker employed in 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. Aminolevulinic Acid in urine, 546 LA GAZETTE DE L'ETAT [PART–II

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 reexamined by a Medical Officer at least once in every three calendar months. Such reexamination shall wherever the Medical Officer considers appropriate include tests specified in sub-paragraph (1);

(3) The Medical Officer after examining a worker shall issue a certificate of fitness in Form-XXIV. The record of examination and reexamination carried on shall be entered in the certificate and the certificate shall be kept in the custody of the occupier/Manager 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-XXV.

(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 workeris no longer fit for employment in the 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 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) above shall be reemployed or permitted to work in the dais process unless the Medical Officer, after further examination, again certifies him fit for employment in those process.

17. Protective clothing.— Protective clothing shall be provided

and maintained in good repair for all persons employed in, -

(a) manipulation of raw oxide of lead; (b) pasting;

and such clothing shall be worn by the persons concerned. The protective clothing shall consist of a water-proof apron and water-proof foot-wear and also as regards persons employed in the manipulation of raw oxide of lead or in pasting, head coverings.The head coverings shall be washed daily.

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PART–II] LA GAZETTE DE L'ETAT

18. 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,-

(a) sufficient tables and benches; and

(b) adequate means for warming food.

The mess-room shall be placed under the charge of a

responsible person, and shall be kept clean.

19. Cloak-room.— There shall be provided and maintained for the

use of all persons employed in lead process, —

(a) A cloak-room for clothing put off during working hours with adequate arrangement for drying the clothing, if wet. Such accommodation shall be separate, from any mess-room.

(b) Separate and suitable arrangements for the storage of

protective clothing provided under paragraph 16.

20. Washing facilities.— 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 under cover, with either-

(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and or sufficient length to allow of at least 61 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 61 centimetres; or

(ii) at least one wash basin for every five such person employed at any one time, fitted with a waste pipe and plug and having a constant supply of water laid on:

(iii) a sufficient supply of clean towels made of suitable materials renewed daily, which supply in the case of pasters and persons employed in the manipulation of raw oxide of lead, shall include a separate marked towel for each such workers; and

(iv) a sufficient supply of soap or other suitable cleaning

materials and of nail brushes.

548 LA GAZETTE DE L'ETAT [PART–II

(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.

21. Time to be allowed for washing.— Before each meal and before the end of day's work, at least ten minutes in addition to the regular meal times, shall be allowed for washing to each person who has been employed in the manipulation of raw oxide of lead or in pasting;

Provided that if, there be one basin or 61 centimetres of trough

for such person this rule shall not apply.

22. Facilities for bathing.— Sufficient bath accommodation to the satisfaction of the Chief Inspector-cum-Facilitator shall be provided for all persons engaged in the manipulation of raw oxide of lead or in pasting and a sufficient supply of soap and clean towels.

23. Food, drinks, etc., prohibited in workrooms.— No food, drink, pen and supari or tobacco shall be consumed or brought by any workers into any workroom in which any lead process is carried on.

SCHEDULE–B-IV

GLASS MANUFACTURE

1. Exemptions.— 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, localized 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.

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PART–II] LA GAZETTE DE L'ETAT

(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 of soluble lead compound exceeding, when calculated as lead compound exceeding, when calculated as lead monoxide, 5 percent of the dry weight of the

portion for analysis.

The method of treatment shall be as follows:

A weighed quantity of the materials which has been dried at 100ºC 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. The solution shall thereafter, be allowed to stand for one hour and then filtered. The lead salt contained in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate.

3. Exhaust draught.— The following processes shall not be carried on except under an efficient exhaust draught or under such other

conditions as may be approved by the Chief Inspector-cum-Facilitator.

(a) The mixing of raw materials to form a "Batch";

(b) The dry grinding, glazing and polishing of glass or any

article of glass;

vapours are given off;

(d) All processes in the making of furnace moulds or "pots"

including the grinding or crushing of used "pots";

(e) All processes involving the use of a dry lead compound;

(f) All furnaces, heating ovens and driers; and

(g) All machineries involving the secondary processing on

glass material.

4. Prohibition relating to pregnant women.— No pregnant women shall be employed or permitted to work in any of the operations specified in paragraph 3 or at any place where such operations are carried on.

550 LA GAZETTE DE L'ETAT [PART–II

5. Floors and work-benches.— The floor and work-benches of every room in which a dry compound of lead is manipulate or in which any process is carried on giving off silica dust shall be kept moist and shall comply with the following requirements: -

The floors shall be,-

(a) of cement or similar material so as to be smooth and

impervious to water;

(b) maintained in sound conditions;and

at a time when no other work is being carried on in the room.

The work-benches shall,-

(a) have a smooth surface and be maintained in sound

condition, and

(b) be 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 room in which glass is treated with hydrofluoric acid:-

(a) There shall be inlets and outlets of adequate size so as to

secure and maintain efficient ventilation in all parts of the room;

(b) the floor shall be covered with gutta-percha and be tight

and shall slope gently down to a covered drain;

(c) the work places shall be so enclosed in projecting hoods that openings required for 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. Suitable facilities shall be readily available for sterilizing the blow-pipes used by the glass-blowers and such blow-pipes shall be sterilized at the beginning of the operation of blowing, each day.

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PART–II] LA GAZETTE DE L'ETAT

9. Food, drinks, etc., prohibited in work-rooms.— No food, drink, pan or supari or tobacco shall be brought into or consumed by any employee in any room or work-place wherein any process specified in paragraph 3 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 3 suitable protective clothing, foot-wear and goggles according to the nature of the work and such clothing, foot-wear, etc., shall be worn by the persons concerned.

11. Washing facilities.— 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 3,-

(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 of at least 61 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 61 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; and

(b) a sufficient supply of clean towels made of suitable materials renewed daily with a sufficient supply of soap or other suitable cleaning materials and of nail brushes; and

(c) a sufficient number of stand pipes with taps-the number and location of such stand pipes shall be to the satisfaction of the Chief Inspector-cum-Facilitator.

12. Medical facilities and record of examination and tests.— (1) The occupier of every factory in which glass manufacturing processes are carried out, shall-

(a) appoint a qualified Medical Practitioner as the Factory Medical Practitioner for frequent medical examination of the workersemployed therein whose appointment shall be subject to the approval of the Chief Inspector-cum- Facilitator; and 552 LA GAZETTE DE L'ETAT [PART–II

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examinations and appropriate tests carried out the said Factory Medical Practitioner shall be maintained in the Health Register in FORM XXV which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

13. Medical examination by the Medical Officer.— (1) Every employee employed in processes specified in paragraph 2 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-ray as well as tests for lead and urine. 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 reexamined by a Medical Officer at least once in every twelve calendar months. Such reexamination shall, wherever, the Medical Officer shall consider appropriate, include test as specified in sub-paragraph (1).

(3) The Medical Officer after examining a work shall issue a Certificate of Fitness in Form-XXIV. The record of examination and reexaminations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the occupier/manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2) including the nature and the result of the tests shall also be entered by the Medical Officer in the Health Register in Form XXV.

(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 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.

(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be reemployed 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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PART–II] LA GAZETTE DE L'ETAT

SCHEDULE–B-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" mean, a wheel manufactured of bonded

energy or similar abrasive.

of metal, by means of grindstone or abrasive wheel.

(d) "Glazing" means, the abrading, polishing or finishing, by aid of mechanical power of metal, by means of any wheel, buff, mop or similar appliance to which any abrading or polishing substance is attached or applied.

(e) "Racing" means, the turning up, cutting or dressing of a

revolving grindstone before it is brought into use for the first time.

(f) "Hacking" means, the chipping of the surface of a grindstone

by a Hack or similar tool.

(g) "Rodding" means, the dressing of the surface of a revolving grindstone by the applications of a rod, bar or strip of metal to such surface.

2. Exceptions.— (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 or metals carried on intermittently and at which no person is employed for more than 12 hours in any week.

(3) The Chief Inspector-cum-Facilitator may by certificate in writing, subject to such condition as he may specify therein, relax or suspend any of the provisions of this Schedule in respect of any factory it 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.

554 LA GAZETTE DE L'ETAT [PART–II

3. 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; and

(b) a dust of adequate size, airtight 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

sufficient to extract the dust:

Provided that the Chief Inspector-cum-Facilitator may accept any other appliance, that is, in his opinion, as effectual for the interception, removal and disposal of dust thrown off as a hood duct and fan would be.

4. 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.

5. 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.

6. Hacking and rodding.— Hacking or rodding shall not be done

unless during the process either—

(a) an adequate supply of water is laid on at the upper surface

of the grindstone; or

(b) adequate appliances for the interception of dust are

provided in accordance with the requirement of paragraph 3.

7. Examination of dust equipment.— (a) All equipment for the extraction or suppression of dust shall at least once in every six months be examined and tested by a competent person, and any defect disclosed by such examination and text shall be rectified as soon as practicable.

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PART–II] LA GAZETTE DE L'ETAT

(b) A register containing particulars of such examination and

test shall be kept in FormXXVI.

8. Medical facilities and record of examinations and tests.— (1) The occupier of every factory in which grinding or glazing of metal are carried out, shall-

(a) appoint a qualified Medical practitioner for frequent medical examination of the employees employed therein whose appointment shall be subject to the approval of the Chief Inspector-cum-Facilitator; and

(b) provide to the said medical practitioner all the necessary

facilities for the purpose referred in clause (a).

(2) The record or medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in FORM XXV which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

9. Medical examination by the Medical Officer.— (1) Every employee 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 causes chest X -rays. No employee 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 employee employed in the said processes shall be reexamined by a Medical Officer at least once in every twelve calendar months. Such reexamination shall wherever, the Medical Officer considers appropriate include tests as specified in sub-paragraph (1).

(3) The Medical Officer after examining an employee, shall issue a certificate of fitness in From-XXIV.The record of examination and reexaminations 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 From-XXV.

(4) The certificate of fitness and the health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

556 LA GAZETTE DE L'ETAT [PART–II

(5) If, at any time, the Medical Officer is of the opinion that an 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 employee, 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.

(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be reemployed 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–B-VI

MANUFACTURE AND TREATMENT OF LEAD AND

CERTAIN COMPOUNDS OF LEAD

1. Exemptions.— Where, the Chief Inspector-cum-Facilitator is satisfied that all or any of the protection of this Schedule are not necessary for the protection of the persons employed, he may by certificate in writing exempt any factory all or any of such provisions, subject to such conditions as he may specify therein.

2. Definitions.— For the 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 mono-oxide, five percent of the dry weight of the portion take 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 materials 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 weight quantity of the material which has been dried at 100ºC and thoroughly mixed shall be continuously shaken for once hour, at the common temperature with 1,000 times its weight an aqueous solution of hydrogen chloride containing 0.25 percent 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 clean filtrate shall be precipitated as lead sulphide and weighed as lead sulphate.

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PART–II] LA GAZETTE DE L'ETAT

(b) "Efficient exhaust draught" means, localized ventilation effected by heat or 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, fumes or dust 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 desilverising of lead or the melting of scrap lead or zinc.

ten percent of lead.

(d) The manufacture of any oxide, carbonate, sulphate,

chromate, acetate, nitrate or silicate of lead.

(e) Handling or mixing of lead tetra-ethyl.

(f) Any other operation involving the use of a lead compound.

(g) The cleaning of workroom where any of the operations

aforesaid are carried on.

4. Prohibition relating to women.— No woman shall be employed or permitted to work in any process involving the use of lead compounds.

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 therein are liable to be splashed with any lead compound in the course of their employment unless the provisions of paragraphs 6 to14 complied with.

6. Exhaust draught.— Where dust, fume, gas or vapour is produced in the process, provision shall be made for removing them by means of any efficient exhaust draught so contrived as to operate on the dust, fume, gas or vapour as closely as possible to the point of origin.

558 LA GAZETTE DE L'ETAT [PART–II

7. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which the schedule applies, shall-

(a) appoint a qualified medical practitioner for frequent medical examination of the employees, employed therein whose appointment shall be subject to the approval of the

Chief Inspector-cum-Facilitator; and

(b) provide to the said Medical Practitioner all the necessary

facilities for the purpose referred to in clause(a).

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which

shall be kept readily available for inspection by the Inspector-cum- Facilitator.

8. Medical examination by the Medical Officer.— (1) Every employee employed in the processes referred to in paragraph(3) shall be examined by a Medical Officer within 15 days of his first employment. Such examination shall include test for lead in blood and urine, ALA in

urine, haemoglobin content, stippling of cells and steadiness test. No employee 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 employee employed in the said processes shall be re-examined by a Medical Officer at least once in every three calendar

months. Such reexamination shall wherever the Medical Officer consider appropriate include tests specified in sub-paragraph(1).

(3) The Medical Officer after examining an employee shall issue a certificate of fitness in Form-XXIV. 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-XXV.

(4) The certificate of fitness and health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

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PART–II] LA GAZETTE DE L'ETAT

(5) If at any time the Medical Officer is of the opinion that an employee 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 employee, he shall make a record of his findings in the said certificate and the health register. The entry of his finding 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) above shall be re-employed or permitted to work in the said processes unless he is certified fit for employment in those processes.

9. Food, drinks, etc., prohibited in workrooms.— No food, drink, pan and supari or tobacco shall be brought into or consumed by any employee 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.

10. Protective clothing.— Suitable protective overalls and head coverings shall be provided maintained and kept clean by the factory occupier and such overalls and coverings shall be worn by the person employed.

11. 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.

12. 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 at least 61 centimetres for every ten 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 61 centimetres; or

(b) at least one wash basin for every ten persons employed at any one time, fitted with a waste pipe and plug and having a constant supply of clean water, together with, in either case, a sufficient supply of nail brush, soap or other suitable cleansing material and clean towel.

560 LA GAZETTE DE L'ETAT [PART–II

(2) The facilities so provided shall be placed under the charge

of a responsible person and shall be kept clean.

13. 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 arrangement 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 for warming 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.

14. Cloak-room.— The occupier shall provide and maintain for the use of persons employed, suitable accommodation for clothing not worn during working hours, and for the drying of wet clothing.

SCHEDULE–B-VII

GENERATION OF GAS FROM DANGEROUS PETROLEUM

1. Prohibition relating to pregnant women.— No pregnant women 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 from leak.

3. Generating building 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 the "generating building") in the case of such plant 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.

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PART–II] LA GAZETTE DE L'ETAT

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 the Chief Inspector-cum-Facilitator.— Gas from dangerous petroleum shall not be manufactured except in a plant for generating gas from dangerous petroleum, 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, etc.— No person shall smoke or carry matches, fire or naked light or other means of producing a naked light or spark in the generating room or generating building or in the vicinity thereof and a warning notice in the language understood by the majority of the employees shall be posted in the factory prohibiting smoking and the carrying of matches, fire or naked light or other means or 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 flame proof construction and all electric conductors shall either be enclosed in metal conduits or be lead- sheathed.

10. Construction of doors.— All doors in generating room or generating building shall be constructed to open outwards or to slide and no door shall be locked or obstructed or fastened in such a manner that it cannot be easily and immediately opened from the inside while gas is being generated and any person is working the generating room or generating building.

11. Repair of Containers.— No vessel that has contained petroleum shall be prepared in a generating room or generating 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.

562 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE–B-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.

1. Definitions.— For the purposes of this Schedule: -

(i) "Blasting" means, cleaning, smoothing roughening, or removing of any part of the surface of any article by the use as an abrasive of jet of sand, metal shot, or grit or other material propelled by a blast of compressed air or steam;

(ii) "Blasting enclosure" mean, a chamber, barrel, cabinet or any

other enclosure designed for the performance of blasting therein;

(iii) "Blasting Chamber" mean, a blasting enclosure in which any person may enter at any time in connection with any work or otherwise;

(iv) "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 smoothing 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.

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 hereto and clearing and repairing of the enclosure including the plants and appliances situated therein shall be performed in a blasting enclosure. Every door, aperture and joint of blasting enclosure shall be kept closed and air tight while blasting is being done therein.

(2) 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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PART–II] LA GAZETTE DE L'ETAT

(3) 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 against 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 sub-paragraph shall not apply, except in the case of blasting chambers, to blasting enclosures construction or installed before the coming into force of this Schedule, if, the Chief Inspector-cum-Facilitator is of opinion that is not reasonably practicable to provide such separating apparatus.

(4) There shall be provided and maintained in connection with every blasting enclosure efficient ventilating plant to extract by exhaust draught effected 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 of 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) The ventilating plant provided for the purpose of sub-paragraph (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 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 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 and test shall forthwith be entered in a register, in FORM XXVI 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 and without prejudice to the foregoing requirements of this schedule, shall be removed without available delay.

564 LA GAZETTE DE L'ETAT [PART–II

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 chamber, barrel cabinet or any other enclosure and for cleaning such a chamber barrel, cabinet or any other enclosure protective helmets of a type approved by a certificate of the Chief Inspector-cum-Facilitator and every such person shall wear the helmet provided for his 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 persons by whom it is intended to be used and no person shall be allowed or required to wear a helmet not carrying his mark or a helmet which has been worn by another person and has not since been thoroughly disinfected.

(3) Each protective helmet when in use shall be supplied with clean and not unreasonably cold air at a rate of not less than 0.17 cubic metre 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, blasting enclosures 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 cleaner shall be provided and used whenever 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 565

PART–II] LA GAZETTE DE L'ETAT

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 clothing's provided and worn for the purposes of this schedule shall be kept in good condition and so far as is reasonably practicable shall be cleansed on every week-day 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. Medical facilities and record of examinations and tests.— (1) The occupier of every factory to which the schedule applies shall,-

(a) appoint a qualified medical practitioner for frequent examination of the employee employed therein whose employment shall be subject to be approval of the Chief Inspector-cum-Facilitator; and

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which shall be kept readily available for inspection by the Inspector-cum- Facilitator.

11. Medical examination by the Medical Officer.— (1) Every employee employed in any of the process to which this Schedule applied shall be examined by a Medical Officer within 15 days of his first employment. Such examination shall include pulmonary function test and chest X-ray. No employee 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.

566 LA GAZETTE DE L'ETAT [PART–II

(2) Every employee employed in the said processes shall be re-examined by a Medical Officer at least once in every twelve calendar months and such re-examination shall wherever the Medical Officer considers appropriate include pulmonary function test and chest X- ray once in every three years.

(3) The Medical Officer after examining an employee, shall issue a certificate of fitness in Form-XXIV. The record of examination and reexaminations 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-XXV.

(4) The certificate of fitness and the health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

(6) No person who has been found unfit to work in the said processes as said in sub-paragraph (5) above shall be reemployed or permitted to work unless the Medical Officer after further examination again certifies him fit for employment in those processes.

12. Restriction in employment and prohibition of employment of pregnant women.— No pregnant women shall be employed or permitted to work at blasting or assist 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.

13. Power to exempt or relax.— (1) If, the Chief Inspector-cum- Facilitator is satisfied that in any factory or any class of factories, the use sand or other substance containing free silica as an abrasive in blasting is necessary for a particular manufacture or process (other than the process incidental or supplemental to making of metal castings) and that the manufacture or process cannot be carried on without the 567

PART–II] LA GAZETTE DE L'ETAT

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 suspended either temporarily or permanently, or ban 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 State Government by an order in writing exempt the said factory or class of factories from such provisions of this Schedule, to such an extent and subject to such conditions and for such period as he may specify in the said order.

(2) Where an exemption has been granted under sub-clause (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 a place where the blasting is carried on.

SCHEDULE–B-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 effect 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 notices specified in paragraphs 1, 2 and 4 and if, chrome solutions are used in the factory the contents of the notice specified in paragraph 3.

568 LA GAZETTE DE L'ETAT [PART–II

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 solution including the preparation of such solutions;

(b) Gloves and boots for persons employed in lime yard; and

(c) Protective footwear, aprons and gloves for persons employed in processes involving the handling of hide or skins, other than in processes specified in clauses (a) and (b);

Provided that-

(i) the gloves, aprons, leg covering or boots, may be of rubber or leather but the gloves and boots to the provided under sub-clauses (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-rooms and cloak room.— 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 at least 61 centimetres for every ten 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 61 centimetres;

(b) at least one wash basin for every ten such persons employed at any one time, fitted with a waste pipe and plug and having constant supply of water together with, in either case, a sufficient supply of nail brushes, soaps, other suitable cleansing materials 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.

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PART–II] LA GAZETTE DE L'ETAT

The mess-rooms shall (1) be separate from any room or shed in which hides or skins are stored, treated or manipulated (2) be separated from the cloak-room and (3) be placed under the charge of responsible persons.

(d) The occupier shall provide and maintain, for the use of all persons employed, suitable accommodation for clothing put off during working hours and another accommodation for protective clothing and shall also make 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 responsible person.

4. Food, drinks, etc., prohibited in workroom.— No, food, drink, pan and supari or tobacco shall be brought into or consumed by any workroom or shed in which hides or skins are stored, treated or manipulated.

5. Medical facilities and record of examinations and tests.— (1) The occupier of every factory to which the Schedule applies, shall-

(a) appoint a qualified medical practitioner for frequent medical examination of the employees employed therein whose employment shall be subject to the approval of the Chief Inspector-cum-Facilitator;

(b) provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a);

(c) arrange for inspection of the hands of all the persons keeping in contact with chromium substances to be made twice a week; and

(d) provide and maintain and supply suitable ointment and plaster in a box readily accessible to the employees and solely used for the purpose of keeping the ointment and the plaster.

570 LA GAZETTE DE L'ETAT [PART–II

6. Medical examination by the Medical Officer.— (1) Every

employee employed in any of the processes to which the schedule applies

shall be examined by a Medical Officer within 15 days of his first

employment. Such examination shall include skin test for dermatoses and

detection of anthrax bacillus from local lesion by gram stain. No

employee 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 employee employed in the said processes shall be

reexamined by a Medical Officer at least once in every twelve calendar

months. Such reexamination shall, wherever the Medical Officer

considers appropriate include tests as specified in sub-paragraph (1).

(3) The Medical Officer after examining an employee, shall issue

a certificate of fitness in Form-XXIV. The record of examination and

reexamination 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

entered by the Medical Officer in a health register in Form-XXV.

(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 an

employee 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 employee, 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 process.

(6) No person who has been found unfit to work as said in

sub-paragraph (5) above shall be reemployed or permitted to work in

the said processes unless the Medical Officer, after further examination,

again certifies him fit for employment in those processes.

571

PART–II] LA GAZETTE DE L'ETAT

SCHEDULE–B-X

CELLULOSE SPRAYING

1. Application.— The provisions of this Schedule shall apply to all factories or parts of factories in which the spraying of cellulose ester paints, or lacquers is carried on.

2. Prohibition of employment of pregnant women.— No pregnant women shall be employed in any factory on the operation specified in paragraph 1 above.

3. Exhaust draughts.— An efficient exhaust draught shall be provided by mechanical means the process specified in paragraph 1. The draught shall operate on the vapour given off in the process as near as may be at the point of origin so as to prevent it (as far as practicable under the atmospheric conditions usually prevailing) from escaping into the air of any place in which work is carried on. The draught shall be maintained working for a period of at least five minutes after the cessation of the operation:

Provided that the Chief Inspector-cum-Facilitator may grant exemption from these provisions if, he is satisfied that due to the casual nature of the operation, they are not necessary to secure health of the employees.

4. Position of spray operation.— Arrangements shall, as far as practicable be made so as to render it unnecessary for the person operating the spray to be in a position between a ventilating outfit and the article being sprayed.

SCHEDULE–B-XI

GRAPHITE POWDERING AND PROCESSES INCIDENTAL

THERETO

1. Application.— The provisions of this Schedule shall apply to all factories or parts of factories in which the grinding and sieving of graphite and the processes incidental thereto are carried on.

2. Prohibition of employment of pregnant women.— No pregnant women shall be employed in any factory upon any of the operations specified in paragraph above.

572 LA GAZETTE DE L'ETAT [PART–II

3. Medical certificates and examinations.— (1) No person shall be employed in any factory for more than fifteen days in the year upon any of the operations specified in paragraph 1 above unless special certificate of fitness in Form No. XXIV, granted to him by a Medical Officer, is in the custody of the occupier of the factory.

(2) The Inspector-cum-Facilitator may require that any person in respect of whom a certificate referred to in sub-paragraph (1) has been granted shall carry with him while at work a token giving reference to such certificate.

(3) Every person so employed shall be medically examined by a Medical Officer at intervals of not more than six months and a record of such examinations shall be entered in the special certificate granted under sub-paragraph (1).

(4) If, at any time a Medical Officer is of opinion that any person is no longer fit for employment upon any of the operations specified in paragraph 1 above, he shall cancel the special certificate of fitness granted to that person.

(5) No person whose special certificate of fitness has been cancelled shall be employed upon any of the operations specified in paragraph 1 above unless a Medical Officer again certifies him to be fit.

4. Exhaust draughts.— Provisions shall be made for removing the dust produced in any of the operations specified in paragraph 1 above by means of an efficient exhaust draught so contrived as to operate on the dust as closely to the point of origin as possible:

Provided that where the provision of an exhaust draught is not

reasonably practicable the Inspector-cum-Facilitator may require.

(a) respirators of a type approved by him to be provided and maintained in a clean and efficient condition by the occupier and worn by every person working under such condition; and

(b) the damping of floors, apparatus and material to prevent the

raising of dust.

5. Floors and work-benches.— (1) The floor of every room in which any person is employed upon any of the operations specified in paragraph 1 above shall be of cement or other impervious materials.

573

PART–II] LA GAZETTE DE L'ETAT

(2) The top of every work-bench in every such room shall be

of impervious material.

(3) The said floors and work-benches shall be kept clean and

in good condition.

(4) The Inspector-cum-Facilitator may, by order in writing

require the said floors and work-benches to be kept wet in such manner

as he may deem suitable in order to reduce dust.

6. Washing facilities.— The occupier shall provide and maintain

in a clean state and in good repair for the use of persons employed upon

any of the operations specified in paragraph 1 above either.

(a) a trough with smooth impervious surface fitted with a waste

pipe without plug, and of sufficient length to allow at least 61 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 61 centimetres, or

(b) at least one wash basin for every five such person employed

at any one time, fitted with a waste pipe and plug and having constant

supply of water, together with, in either case a sufficient supply of nail

brushes, soap or other suitable cleaning material and clean towels.

7. Food, drink and tobacco.— No food, drink, pan, supari or

tobacco shall be brought into or consumed in, any room in which any

person is employed upon of the operations specified in paragraph 1

above.

8. Protective clothing.— Adequate protective clothing such as

overalls in a clean condition shall be provided by the occupier to every

person employed upon any of the operations specified in paragraph 1

above.

9. Exemptions.— The Chief Inspector-cum-Facilitator may exempt

any factory or part of a factory from the provisions of paragraphs 4 to

7 to the extent be deemed suitable if, he is satisfied that their observances

are not necessary for safe-guarding the health of the operatives.

574 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE–B-XII

PRINTING PRESS AND TYPE FOUNDRIES-CERTAIN

LEAD PROCESS CARRIED THEREIN

1. Exemptions.— 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 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.

2. Definitions.— In these regulations- (1) "Lead materials" means,

materials containing not less than 5 percent of lead.

(2) "Lead process"-

(a) the melting of lead or any material for casting and

mechanical composing:

(b) the recharging of machines with used lead material; or

pots, cleaning of plungers; and

(d) manipulation, movement or other treatment of lead

material.

(3) "Efficient exhaust draught" means, localized ventilation effected by heat 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 gas, vapour, fume or dust at the point where they originate.

3. Exhaust draught.— None of the following processes shall be

carried on except with an efficient exhaust draught:-

(a) Melting lead material or slugs;

(b) Heating lead material so that vapour containing lead is

given off; or

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, 575

PART–II] LA GAZETTE DE L'ETAT

unless carried on in electricity heated and thermostatically

controlled melting pots.

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.

4. Prohibition relating to women.— No woman 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 of actual separation from one another and from any other process:

(a) melting of lead or any lead material;

(b) casting of lead ingots;

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 work- room near the machine except when the dross is being deposited therein.

7. Floor of work-room.— The floor of every work-room 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

(c) 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-rooms which shall be furnished with sufficient tables and benches.

9. Washing facilities.— There shall be provided and maintained in a clean state and in good repair for the use of all persons employed in a lead process, 576 LA GAZETTE DE L'ETAT [PART–II

(a) a wash place with either-

(i) a trough with smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 61 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 interval of not more than 61 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; and

(b) sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleaning material.

10. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which the schedule applies, shall-

(b) the record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which shall be readily kept available for inspection by the Inspector-cum- Facilitator.

11. Medical examination by the Medical Officer.— (1) Every employee employed in a lead process 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, Aminolaevulinic acid in urine, haemoglobin, stippling of cells and steadiness test. No employee 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 employee employed in the said processes shall be reexamined by a Medical Officer at least once in every six calendar months. Such reexamination shall wherever the Medical Officer considers appropriate include tests as specified in sub-paragraph (1).

577

PART–II] LA GAZETTE DE L'ETAT

(3) The Medical Officer after examining an employee, shall issue a certificate of fitness in Form-XXIV. The record of examination and reexamination 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-XXV.

(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 in of the opinion that an employee 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 employee, 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.

12. Food, drink, etc., prohibited in workrooms.— No food, drink, pan and supari or tobacco shall be consumed or brought by any employee into any workroom in which any lead process is carried on.

SCHEDULE-XIII

CASHEWNUT PROCESSING

1. Application.— The provisions of this Schedule shall apply to all factories in which roasting, scrubbing or shelling of cashewnut or extracting oil from cashewnut or cashewnut shells is carried on.

2. Prohibition of employment of women.— No woman shall be employed in any of the processes specified in paragraph 1 except in shelling of roasted cashewnuts.

3. Protective clothing and equipment.— The occupier shall

provide and maintain -

(i) for the use of all persons employed in roasting or scrubbing of cashewnuts or extracting oil from cashewnuts or cashewnuts shells:

578 LA GAZETTE DE L'ETAT [PART–II

(a) Suitable rubber or washable leather gloves;

(b) Suitable impervious aprons with sleeves to cover the

body down to the knees and shoulders, and

legs against cashewnut oil:

(ii) for the employees employed in cashewnut shelling, either-

(a) Protective ointment containing 10 per cent of shellac, 55 per cent of alcohol, 10 per cent of sodium perborate, 5 per cent of carbitol and 20 per cent talc, or

(b) a sufficient quantity of kaolin and coconut oil; and

(iii) any other material or equipment which the Chief Inspector-cum-Facilitator may deem to be necessary for the protection of the employees.

4. Use of protective clothing and equipment.— Every person employed in the processes specified in paragraph 1, shall make use of the protective clothing and equipment supplied and arrangement shall be made by the occupier to supervise their use, maintenance and cleanliness.

5. Disposal of shells, ashes or oil cashewnut.— (i) Shells, ashes or oil of cashewnut shall not be stored in any room in which employees are employed and shall be removed at least twice a day to any pit or enclosed place in the case of shells and ashes and to close containers kept in a separate room in the case of oil.

(ii) No employee shall be allowed to handle shells or oil of cashewnut without using the protective measures provided in paragraph 3.

6. Floors of workrooms.— The floor of every workroom in which the processes specified in paragraph 1 are carried on shall be of a hard material so as to be smooth and impervious and of even surface and shall be cleaned daily and spillage of any cashewnut oil in any work room shall be washed with soap and cleaned immediately.

7. Seating accommodation.— Employees engaged in shelling of cashewnut shall be provided with adequate seats of work-benches which shall be cleaned daily.

579

PART–II] LA GAZETTE DE L'ETAT

8. Mess-rooms.— (a) There shall be provided and maintained for the use of all persons employed in the processes specified in paragraph 1 a suitable rest room furnished with a number of tables and chairs or benches.

(b) Separate lockers shall be provided where food, etc., shall be

stored by employee before it is consumed in the rest room.

9. Food, drinks, etc., prohibited in workrooms.— No food, drinks, pan, supari or tobacco shall be brought or consumed by any employee in any room in which the processes specified in paragraph 1 are carried

out and no person shall remain in any such room during intervals for meals or rest.

10. Washing facilities.— Where roasting scrubbing and shelling of cashewnuts or extracting oil from cashewnuts or cashewnut shells is carried on, there shall be provided and maintained, in clean and good repair, washing facilities, at the scale of one tap or stand pipe for every

ten employees, the taps or stand pipes being spaced not less than 122 centimetres apart and also a sufficient supply of soap, coconut oil, nail brushes and towels.

11. 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 to any person employed in the processes

specified in paragraph 1, for the purpose of washing.

12. Smoke or gas produced by roasting cashewnuts.— Where smoke or gas is produced in the operation of roasting, provision shall be made for removing thesmoke or gas through chimney of sufficient height and capacity or by such other arrangements as may be necessary to prevent the gas or smoke from escaping into the air or any place in

which employees are employed.

13. Storage of protective equipment.— A suitable room or a portion of the factory suitably partitioned off, shall be provided exclusively for the storage of all the protective equipment supplied to the employees and no such equipment shall be stored in any place other than the room or place so provided.

580 LA GAZETTE DE L'ETAT [PART–II

14. Medical facilities and record of examinations and tests.— (1) The occupier of every factory to which this Schedule applies, shall-

(b) provide to the medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The said medical practitioner shall inspect daily the hands and feet of all the persons employed in the process specified in paragraph 1.

(3) The record of such examination carried out by the medical practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(4) The first-aid box maintained shall also contain Burrough's solution (1:20) and aqueous solution of tannic acid (10%) for treatment of cases of dermatitis.

15. Medical examination by the Medical Officer.— (1) Every employee employed in the processes specified in paragraph 1 shall be examined in by a Medical Officer within 15 days of his first employment. Such examination shall include skin test for dermatitis and no employee shall be allowed to work after 14 days of his first employment in the factory unless certified fit for such employment by the Medical Officer.

(2) Every employee employed in the said process shall be reexamined by a Medical Officer at least once in every three calendar months. Such examinations shall wherever the Medical Officer considers appropriate, include asking test for dermatitis.

(3) The Medical Officer after examining an employee, shall issue a certificate of fitness in Form XXIV. 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-paragraphs (1) and (2) including the nature and the results of these tests, shall also be entered by the Medical Officer in a health register in Form XXV.

581

PART–II] LA GAZETTE DE L'ETAT

(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 an employee 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 employee, 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.

(6) No persons who has been found unfit to work as said in sub- paragraph (5) shall be reemployed 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. Exemption.— The Chief Inspector-cum-Facilitator may grant exemption from the operation of any of these provisions where he is satisfied that their observance is not necessary for safeguarding the health of the employees.

SCHEDULE–B-XIV

DYEING, STENCILLING AND PAINTING OF MATS, MATTINGS

AND CARPETS IN COIR AND FIBRE FACTORIES

1. Application.— These provisions shall apply to all coir factories in which stencilling or painting of mats or mattings or carpets in carried on, and to all coir and fibre factories in which dyeing of yarn (other than cotton yarn) and fibre is carried on.

2. Prohibition of employment of women.— No woman shall be employed or permitted to work in any of the operations specified in clause 1.

3. Protective measures.— The occupier shall provide free of cost and maintain in a good condition for use of all persons engaged in the operations specified in clause 1;

(a) Suitable rubber gloves of durable quality for both hands.

(b) Rubber boots of durable quality for both legs.

(d) any other material or appliance which in the opinion or the Chief Inspector-cum-Facilitator shall be necessary for the protection employees.

582 LA GAZETTE DE L'ETAT [PART–II

4. Wearing of gloves, boots and goggles.— All persons engaged in any of the operations specified in clause 1, shall, which at work in those processes, make use of the materials and appliances provided under clause 3.

5. Food and drink.— No food or drink shall be brought into or consumed in, in any room in which any of the operations specified in clause 1 is carried on.

6. Floor of workrooms.— The floor of every room in which any

of the operations specified in clause 1 is carried on shall be-

(a) of cement or similar material so as to be smooth and

impervious to water;

(b) maintained in sound conditions; and

drainage.

7. Washing Facilities.— (i) The occupier shall provide and maintain for the use of all persons employed in operations specified in clause 1, suitable washing facilities consisting of:

(a) a masonry or steel water tank capable of holding sufficient water and having taps at the rate one tap for every ten persons employed at any one time, the floor around the tank and below the taps being cement plastered and maintained in sound and clean condition and suitable and adequate arrangements for drainage being provided around the tanks and the taps.

(b) sufficient supply of nail brushes, non-irritable soap or

other suitable cleaning materials and clean towels.

(ii) The facilities so provided shall be placed under the charge

of a responsible person and shall be kept clean.

(iii) The following method shall be adopted in removing dye from the hands of employees and the occupier shall make readily available in the premises of the factory all the chemicals required for the purposes in the specified proportion.

(a) wash with sulphonated oil followed by water;

(b) wash in 1 to 2000 solution of potassium permanganate;

583

PART–II] LA GAZETTE DE L'ETAT

or in two per cent solution of sodium bisulphite.

(d) wash in water; and

(e) application of lanolim cream.

Note : No person shall be allowed to use turpentine, petroleum distillates, bleaching powder and other bleaches for removing dirt, and dye from his hands.

8. Medical examination.— (1) Every person employed in any of the operations specified in clause 1 shall be medically examined by a Medical Officer within fourteen days of his first employment in such operations and thereafter shall be examined by the Medical Officer at intervals of not more than twelve months and a record of such examinations shall be entered by the Medical Officer in the Health Register in Form No. XXV.

(2) A health Register in Form No. XXV containing the names of all persons employed in the operations specified in clause 1 shall be kept.

(3) No person after suspension shall be employed unless the Medical Officer after reexamination, again certifies him to be fit for employment.

Explanation: "Suspension" means, suspension from employment in any of the operations specified in the Health Register signed by the Medical Officer who shall have power to suspend any person employed in any such operation.

9. Dermatitis.— (i) The occupier shall make arrangements to give

suitable jobs to employees affected by chronic dermatitis.

(ii) The occupier shall notify to the Medical Officer all cases of

dermatitis.

10. Exemption.— The Chief Inspector-cum-Facilitator may grant exemption from the operation of clauses 3, 4, 5, 6 and 7 to the extent he deems suitable where he is satisfied that their observance is not necessary for safeguarding the health of the operatives.

584 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE–B-XV

HANDLING AND MANIPULATION OF CORROSIVE

SUBSTANCES

1. Definition.— For the purpose of this Schedule-

(a) "Corrosive operation" means, an operation of manufacturing, storing, handling, processing, packing, or using any corrosive substance in a factory.

(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 Government by notification in the Official Gazette, specify to be a corrosive substance.

2. Flooring.— The floor of every workroom of factory in which corrosive operation is carried on shall be made of impervious, corrosion and fire-resistant materials and shall be so constructed as to prevent collection of any corrosive substance. The surface of such flooring shall be smooth and cleansed 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's 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 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 centimetre diameter and fitted with a quick acting valve so that in case of injury to the employee 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 585

PART–II] LA GAZETTE DE L'ETAT

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 be provided as the source of clean water.

5. Cautionary Notice.— A cautionary notice in the following form and printed in the language which majority of the employees employed understand, shall be displayed prominently close to the place where any of the operations mentioned in paragraph 2 above is carried out and where it can be easily and conveniently read by the employees. If any employee 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.— (a) 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.

(b) A container with a capacity of 11.5 litres or more of a corrosive substance shall be placed in a receptacle or crate and then carried by more than one person at a height below the waist line unless a suitable rubber wheeled truck is used for the purpose.

7. Devices for handling corrosives.— (a) Tilting, lifting or pumping arrangement shall be used for emptying jars, carboys and others containers of corrosives.

(b) Corrosive substance shall not be handled by bare hands but

by means of a suitable scoop or other device.

8. Opening of valves.— Valves fitted to containers holding a corrosive substance shall be opened with a great care, if, they do not work freely, they shall not be forced open. They shall be opened by an employee suitably trained for the purpose.

586 LA GAZETTE DE L'ETAT [PART–II

9. Cleaning tanks, stills, etc.— (a) In cleaning out or removing residues from stills or other large chambers used for holding any corrosives substance, suitable implements made of wood or other materials shall be used to prevent production of arseniuretted hydrogen (arsine).

(b) whenever it is necessary for the purpose of cleaning or other maintenance work for any employee to enter chamber, tank, vat, pit or other confined space where a corrosive substance had been stored, all possible precautions required under the code, shall be taken to ensure the employee's safety.

(c) 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.— (a) 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.

(b) 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.

(c) Every container having a capacity of twenty litres or more and every pipeline, valves, and fitting used for storing or carrying corrosive substances shall be thoroughly examined every year for finding out any defects and the defects shall be removed forthwith. A register shall be maintained of every such examination made and shall be produced before the Inspector-cum-Facilitator whenever required.

11. Fire extinguishers and fire fighting equipment.— An adequate number of suitable types of fire extinguishers or other firefighting equipment, depending on the nature of chemicals 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 employees employed understand, shall be affixed near each extinguisher or other equipment.

587

PART–II] LA GAZETTE DE L'ETAT

12. Exemption.— If, in respect of any factory on an application made by the occupier, the Chief Inspector-cum-Facilitator is satisfied that owing to the exceptional circumstances, or the infrequency of the process or for any other reasons to be recorded by him in writing, all or any of the provisions of this Schedule are not necessary for the protection of the persons employed therein, he may by a certificate in writing which he may, at any time revoke, exempt the factory from such of the provisions and subject to such conditions as he may specify therein.

SCHEDULE–XVI

POTTERY AND CERAMICS INDUSTRY

1. Definition.— For the purposes of this Schedule-

(a) "Pottery" includes earthenware, stoneware, porcelain, China tiles and any other articles made from clay or from a mixture containing clay and other materials such as quartz, flint, feldspar and Gypsum.

(b) "efficient exhaust draught" means, localized ventilation effected by mechanical or other means, for the removal of dust or fume so as to prevent it from escaping into the 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 percent of its dry weight of a lead compound calculated as lead monoxide.

(e) "low solubility glaze" means, a glaze which does not yield to dilute hydrochloric acid more than five percent of its dry weight of a soluble lead compound calculated as lead monoxide when determined in the manner described below.

A weighted quantity of the material which has been dried at 100ºC 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 percent by weight of 588 LA GAZETTE DE L'ETAT [PART–II

hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clearfiltrate shall then be precipitated as lead sulphide and weighed as lead sulphide.

(f) "ground or powdered flint or quartz" does not include

natural sands.

(g) "Potter's shop" includes all places where pottery is formed by pressing or by any 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.— The following processes shall not

be carried on without the use of an efficient exhaust draught:

(i) All processes involving the manipulation or use of a dry and

unfritted lead compound;

(ii) 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;

(iii) The sifting of clay dust or any other material for making

tile or other articles by pressure, except where-

(a) this is done in a machine so enclosed as to effectively

prevent the escape of dust; or

(b) the material to be sifted is so damp that no dust can be

given off.

(iv) The pressing of tiles from clay dust, an exhaust opening being connected with each press; this clause shall also apply to the pressing from clay dust of articles other than tiles, unless the material is so damp that no dust is given off.

(v) (a) The fettling of tiles made from clay dust, by pressure,

except where the fettling is done wholly on, or with, damp material;

(b) The fettling of other articles made from clay dust, unless

the material is so damp that no dust is given off;

(vi) The process of loading and unloading of saggars, where handling and manipulation of ground, and powdered flint, quartz, alumina or other materials are involved;

589

PART–II] LA GAZETTE DE L'ETAT

(vii) 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;

(viii) Fettling of biscuit ware which has been fired in powdered flint or quartz except where this is done in machines so enclosed as to effectively prevent the escape of dust;

(ix) Where cleaning after application glaze by dipping or other

process;

(x) 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;

(xi) 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;

(xii) Grinding of tiles on a power-driven wheel unless and

efficient water spray is used on the wheel;

(xiii) 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 any place in which persons are employed;

(xiv) The preparation or weighing out of flow material, lawning

of dry colours, colour dusting and colour blowing;

(xv) Mould making unless bins or similar receptacles used for

holding plaster of paris are provided with suitable covers:

(xvi) The manipulation of calcined materials unless the

materials have been made to remain so wet that no dust is given off.

3. Separation from one another.— Each of the following processes shall be carried on in such a manner and under such conditions so as to secure effectual separation from one another and from wet processes;

(a) crushing and dry grinding or sieving of materials, fettling pressing of tiles, drying clay and green ware, loading and unloading of saggars; and 590 LA GAZETTE DE L'ETAT [PART–II

(b) all processes involving the use of a dry lead compound.

4. Restriction on the use of glaze.— No glaze which is not leadless glaze or a low solubility glaze shall be used in a factory in which pottery is manufactured.

5. Prohibition of the employment of women and young persons.— No woman or young persons shall be employed or permitted to work in any of the operations specified in paragraph 2, or at any place where such operation is 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. Prevention of dust.— (a) All practical measures shall be taken by damping or otherwise to prevent dust arising during cleaning of floors.

(b) 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. 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 cleansed daily by a moist method by an adult male.

9. Medical facilities and record of examinations and tests.— (1) The occupier of every factory in which manufacture of pottery is carried on, shall-

(a) appoint a qualified Medical practitioner for frequent examination of the employees employed therein whose employment shall be subject to the approval of the Chief Inspector-cum-Facilitator; and

(b) provided to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in FORM XXV which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

591

PART–II] LA GAZETTE DE L'ETAT

10. Medical examinations by the Medical Officer.— (1) Every employee employed in any process mentioned under paragraph 2 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 aminolevulinic acid in urine, haemoglobin content, stippling of cells and pulmonary functions tests and chest X-ray for employees engaged in processes mentioned in clause (i) and (xiv) of paragraph 2 and pulmonary function tests and chest X-ray for others. No employee 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 process included under sub- paragraph 2(i) and 2(xiv) shall be examined by a Medical Officer once in three calendar months. The employed persons in any other processes mentioned in the remaining sub-paragraphs of paragraph 2 shall be examined by a Medical Officer once in every twelve calendar months, such examinations in respect of all the employees shall include all the tests as specified in sub-paragraph (1) except chest X-ray which will be once in three years.

(3) The Medical Officer after examining an employee, shall issue a certificate of fitness in Form-XXIV. The record of examination and reexamination 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-XXV.

(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 an employee 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 employee, 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.

(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be reemployed or permitted to work in the said processes unless the Medical Officer, after further examination again certifies him fit for employment in those processes.

592 LA GAZETTE DE L'ETAT [PART–II

11. Protective equipment.— (1) The occupier shall provide and

maintain suitable overalls and head coverings for all persons employed

in any process specified in paragraph 2.

(2) The occupier shall provide and maintain suitable aprons of

water proof or similar material, which can be sponged daily, for the use

of the dippers, assistants, throwers, jolly employees, casters, mould

makers and filter press and pug Mill employees.

(3) Aprons provided in pursuance of sub-paragraph (2) shall

be thoroughly cleansed daily by the wearers by sponging or other wet

process. All overalls and head coverings shall be washed, cleansed and

mended at least once a week and the occupier shall provide facilities

for such washing, cleaning and mending.

(4) No person shall be allowed to work in emptying seeks of

dusty materials, weighing out and mixing of dusty materials and

charging of ball mills and blungers without wearing a suitable and

efficient dust respirator.

12. Washing facilities.— 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 2, a wash place under

cover with-

(a) (i) either a trough with 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 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 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 1.22 metres apart; and

(b) a sufficient supply of clean towels made of suitable

materials changed daily, with sufficient supply of nail brushes and soap.

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PART–II] LA GAZETTE DE L'ETAT

13. 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 specified in paragraph 2.

14. Mess-room.— (1) There shall be provided and maintained for use of all persons remaining within the premises during the rest intervals, a suitable, and an adequate mess-room providing accommodation at the rate of 0.93 square metres per head and furnished with the following namely:-

(i) a sufficient number of tables or chairs or benches with

back rest;

(ii) arrangements for washing utensils;

(iii) adequate means of warming food;

(iv) 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.

15. Food, drinks, etc., prohibited in work-rooms.— No food, drink, pan and supari or tobacco shall be brought into, or consumed by any employee in any workroom in which any process specified in paragraph 2 is carried on and no person shall remain in any such room during intervals for meals or rest.

16. Cloak-room, etc.— There shall be provided and maintained for the use of all persons employed in any process specified in paragraph 2.

(a) a cloak-room for clothing put off during working hours and

such accommodation shall be separate from any mess-room; and

(b) separate and suitable arrangements for the storage of

protective equipment provided under paragraph 11.

17. Savings.— Nothing contained in this Schedule shall apply to a factory in which any of the following articles, but, no other articles of pottery are made;

(a) unglazed or salt glazed bricks and titles; and

(b) architectural terra-cotta made from plastic clay and

either unglazed with a leadless glaze only.

594 LA GAZETTE DE L'ETAT [PART–II

18. Exemption.— If, the Chief Inspector-cum-Facilitator is satisfied in respect of any factory that the application of all or any of the provisions of this Schedule to that factory, is not necessary for the protection of the persons employed in such factory, he may, by order in writing exempt such factory, from all or any of those provisions, subject to such conditions as he may specify therein. The Chief Inspector-cum- Facilitator may at any time in his discretion revoke such order without assigning any reason.

SCHEDULE–B-XVII

HANDLING AND PROCESSING OF ASBESTOS MANUFACTURE

OF ANY ARTICLE OF ASBESTOS AND ANY OTHER

PROCESS OF MANUFACTURE OR OTHERWISE IN

WHICH ASBESTOS IS USED IN ANY FORM

1. Application.— (1)This Schedule shall apply to all factories or parts of all manufacturing process as defined under section 2(k) of the Act, carried on in a factory involving exposure of employees to asbestos and/or product containing Asbestos.

(2) The Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised Institutions or experts in the field, notification in the Puducherry Government Gazette, make suitable changes in the said Schedule.

(3) The provisions of this schedule shall apply to all employees exposed to asbestos in the factory and it shall be the responsibility of the occupier of the factory to comply with the provisions of the Schedule in respect of the employees.

(4) (a) T h e o c c u p i e r o f t h e f a c t o r y w h e r e i n a s b e s t o s o r substances containing asbestos are in use, shall prepare work procedures and practices, in the light of scientific research and technological progress for approval by the Chief Inspector-cum-Facilitator and shall follow only such approved procedures.

(b) Notwithstanding anything mentioned in sub-paragraph (1) use of asbestos is prohibited in the manufacturing process as may be notified by the Government in this behalf.

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PART–II] LA GAZETTE DE L'ETAT

factory.

(ii) The prohibition in respect of spraying of asbestos referred to in sub-para (i) may be exempted by the Chief Inspector-cum-Facilitator if, the Occupier represents that such spraying is inevitable certain purposes provided adequate measures for ensuring the safety and health of employees are undertaken by the occupier to the satisfaction of the Chief Inspector-cum-Facilitator.

2. Definition.— For the purpose of this Schedule-

(a) "asbestos" means, any fibrous silicate mineral and any admixture containing actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite or any mixture thereof whether crude, crushed or opened;

(b) "asbestos textiles" means, yarn or cloth composed of

asbestos or asbestos mixed with any other material;

by the Chief Inspector-cum-Facilitator;

(d) "breathing apparatus" means, a helmet of face piece with necessary connection by means of which a person using it breaths air free from dust, or any other approved apparatus;

(e) "efficient exhaust draught" means, localized 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;

(h) "asbestos dust" means, airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the factory;

596 LA GAZETTE DE L'ETAT [PART–II

(i) "airborne asbestos dust" means, for the purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;

(j) "repairable asbestos fibres" means, asbestos fibres having diameter of less than 3 micrometre and a length to diameter ratio greater than 3:1;

(k) "exposure to asbestos" means, exposure to airborne repairable asbestos fibres or asbestos dust; whether originating from asbestos or from minerals, materials or products containing asbestos in the factory.

3. Demolition of plants or structures.— No person shall carry out any demolition of plants or structures containing friable asbestos insulation material and removal of asbestos from building or structures in which asbestos is liable to become air-borne, unless he is recognized and duly empowered by the Chief Inspector-cum Facilitator as qualified to carry out such work in accordance with the provisions of this Schedule.

4. Tools and equipment.— Any tools or equipment used in processes to which this Schedule applies shall be such that they do no create asbestos dust above the permissible limit or are equipped with efficient exhaust draught.

5. Exhaust draught.— (1) An efficient exhaust draught shall be provided and maintained to control dust form the following processes and machines as per the relevant prescribed by Bureau of Indian Standard;

(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; and

(iv) machines used for the sawing, grinding, turning, drilling, abrading or polishing in the dry state, or articles composed wholly or partly of asbestos.

(b) cleaning and grinding of the cylinders or other parts of

a carding machine;

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PART–II] LA GAZETTE DE L'ETAT

asbestos in delivered or passes;

(d) work-benches for asbestos waste sorting or for other

manipulation of asbestos by hand;

(e) workplaces at which the filling or emptying of sacks, skips or other portable containers, weighing or other process incidental thereto which is effected by hand, is carried on;

(f) sack cleaning machines;

(g) mixing and blending of asbestos by hand; and

(h) any other process in which dust is given off into the work

environment.

(2) Exhaust ventilation equipment provided in accordance with sub-paragraph (1) shall, while any work of maintenance or repair to the machinery apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry of asbestos dust into the air of any work place.

(3) Arrangements shall be made prevent asbestos dust discharged from exhaust apparatus being drawn into the air of any workroom.

(4) The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles or filter bags which shall be isolated from all work areas.

6. 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 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.

(2) A register containing particulars of such examination and tests in FORM XXVI and the state of the plant 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.

598 LA GAZETTE DE L'ETAT [PART–II

7. Segregation in case of certain process.— Mixing or blending by the hand of asbestos, 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.

8. 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 there from or shall be distributed within a factory except in such receptacles or in a totally enclosed system of conveyance.

9. 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 5.

(3) Asbestos sacks or receptacles which contain asbestos shall

be disposed off in a safe manner.

10. Maintenance of floors and work places.— (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 for the work carried on in the room, which would obstruct the proper cleaning of the floor.

(2) The cleaning as mentioned in sub-rule (1) shall, so as is practicable, be 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 sub-paragraph (2) the person doing cleaning work and any other person employed in that room shall be provided with respiratory protective equipment and protective clothing.

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PART–II] LA GAZETTE DE L'ETAT

(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.

(6) The occupier shall replace asbestos or of certain types of asbestos or products containing asbestos by other materials or products or shall use alternative technology, scientifically evaluated as harmless or less harmful, wherever this is possible.

(7) The occupier should take all the measures to prevent or control the release of asbestos in to the air and toensure that the exposure limits or other exposure criteria are complied with and also reduce exposure to aslow as a level as is reasonably practicable.

11. Breathing apparatus and protective clothing.— (1) The occupier of every factory to which this Schedule applies shall provide to employees personnel protective equipments such as hand gloves, shoes, helmets, goggles earplug, aprons safety belt, overall suit, etc., as per the relevant standard prescribed by Bureau of Indian Standards. The approved breathing apparatus and appropriate work clothing as per the relevant standard prescribed by Bureau of Indian Standards in consultation with the employees representatives 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-stickles;

(d) in filling, beating, or levelling in the manufacture or repair

of insulating mattresses; and 600 LA GAZETTE DE L'ETAT [PART–II

(e) in any other operation or circumstances in which it is

impracticable to adopt technical means to;

(f) control asbestos dust in the work environment within the

permissible limit.

(2) Suitable accommodation in conveniently accessible position shall be provided for the use of persons when putting or taking of 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 when not in use shall be stored in the accommodation provided in accordance with sub-paragraph (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 protecting the weaver.

(5) All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person.

(6) A record of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an Inspector-cum-Facilitator.

(7) No person shall be employed to perform any work specified in sub- paragraph (1) for which breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully instructed in the proper use of that equipment.

(8) No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment.

(9) No employee shall take home any work clothing or special protective clothing or personal protective equipment provided to him for protection against exposure to asbestos.

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PART–II] LA GAZETTE DE L'ETAT

12. Separate accommodation for personal clothing.— A separate

accommodation shall be provided in a conveniently accessible positions for all persons employed in operations to which this Schedule applies for restoring of personal clothing. This should be separated from the accommodation provided under sub-paragraph (2) of paragraph 11 above to prevent contamination of personal clothing.

13. Washing and bathing facilities.— (1) There shall be provided

and maintained in a clean state and in good repair for use of all employees employed in the processes covered by the Schedule, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 15 persons employed.

(2) The washing place shall have standpipes placed at intervals

of not less than one metre.

(3) Not less than one half of the total number of washing place

shall be provided with bathroom.

(4) Sufficient supply of clean towels made of suitable materials

shall be provided:

Provided that such towels shall be supplied individually for

each employee if so, ordered by the Inspector-cum-Facilitator.

(5) Sufficient supply of soap and nail brushes shall be provided.

14. Mess-room.— (1) There shall be provided and maintained for the use of all employees 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 table and benches with back rest, and

(b) adequate means for warming food.

(2) The mess-room shall be placed under the charge of a

responsible person and shall be kept clean.

15. Prohibition relating to smoking.— No person shall smoke in any area where processes covered by this Schedule are carried on. A notice in the language understood by majority of the employees shall be pasted in the plant prohibiting smoking at such areas.

602 LA GAZETTE DE L'ETAT [PART–II

16. Pictorial Cautionary notices.— Cautionary notices in the form specified in appendix and printed in the language easily read and understood by the majority of the employees shall be displayed in prominent places in the workrooms where asbestos or substances containing asbestos are manufactured, handled or used.

17. Air Monitoring.— To ensure the effectiveness of control measures in continuous or repetitive processes, the monitoring of asbestos fibres in air as well as personal monitoring of employees shall be carried out at least once in every shift and the result so obtained shall be entered in register, and

(a) there should be no substantial change in workplace

conditions'

(b) the results of the two (2) preceding measurements have not

exceeded half the relevant control limit'

relevant National standards without fail.

18. Medical facilities and records of medical examinations and

tests.—

(1) The occupier of every factory or part of the factory to which

the Schedule applies, shall,-

(a) employ a qualified medical practitioner for medical surveillance of the employees covered by this Schedule whose employment shall be subject to the approval of the Chief Inspector-cum-Facilitator;

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examination and appropriate tests carried out of the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector-cum-Facilitator, which shall be kept readily available for inspection by the Inspector-cum- Facilitators.

(3) Maintenance of Health Records:— The health record of every employee shall be maintained up to a maximum period of 40 years from the beginning of his employment for 15 years after retirement or cessation of the employment whichever is later.

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PART–II] LA GAZETTE DE L'ETAT

19. Medical control measures.— (1) The occupier of every factory in which an employee employed in the processes specified in sub-paragraph (1) of paragraph 1, shall ensure that every employee employed be examined by a Medical Officer within 15 days of his first employment. Such medical examination shall include sputum examination for asbestos bodies,pulmonary function test and chest X-ray - Posterior Anterior (PA) view to be compared with standard International Labour Organisation Radiographs on Pneumoconiosis. No employee 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 employee employed in the said processes shall be reexamined by a medical officer at least once in every twelve months. Such reexamination shall, wherever the Medical Officer considers appropriate, include all the tests as specified in sub-paragraph (1) except chest X-ray which shall be read by a radiologist specialized/trained in the field of reading International Labour Organisation Radiographs on Pneumoconiosis and the chest X-ray which shall be carried out at least once in 3 years.

(3) Every employee employed in any of the aforesaid processes shall be radiological examined by the qualified Radiologist at the cost of the occupier using a standard size X-ray plates and the power of the X-ray machine shall be more than 300 milli ampere (mA). The report of such X-ray shall be submitted to the Medical Officer within three months of the said date.

(4) The Medical Officer after examining an employee, shall issue a certificate of fitness in Form XXIV. The record of examination and re-examination carried out of 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 including the nature and the results of the tests, shall also be entered by the Medical Officer in a health register in Form XXV.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 an employee is no longer fit for employment in the said process on the ground that continuance therein would involve special danger to the 604 LA GAZETTE DE L'ETAT [PART–II

health of the employee 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 in capacitated 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 reemployed 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) If, an employee already in employment and declared unfit by the Medical Officer shall not be allowed to work on any of the processes specified in sub-paragraph (1) of paragraph 1, unless he has been examined again along with standard size chest X-ray plate from a qualified Radiologist, at the cost of the occupier and has been certified to be fit to work on the said processes again.

(8) For the purpose of medical supervision by the medical practitioner appointed by the occupier shall be provided for his exclusive use a room in the factory premises which shall be properly cleaned, adequately lighted, ventilated and furnished with a screen, a table with office stationary, chairs and other facilities and other instruments including X-ray arrangements for such examinations and such other equipments as may be prescribed by the Chief Inspector-cum-Facilitator for time to time. The medical practitioner so appointed shall perform the following duties –

(a) maintain health register in Form XXV;

(b) undertake medical supervision of persons employed in

the factory;

injured or affected employees;

(d) carry out inspection of work rooms where dangerous operations are carried out and advise the management of the measures to be adopted for the protection of health of the employees employed therein.

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PART–II] LA GAZETTE DE L'ETAT

(9) The Health Records of the employees exposed to asbestos, shall be kept up to a minimum period of 40 years from the beginning of the employment or 15 years after retirement or cessation of the employment, whichever is later and shall be accessible to employees concerned or their representatives.

(10) The record of medical examinations and appropriate tests carried out by the said medical practitioner, shall be maintained in separate register approved by the Chief Inspector-cum-Facilitator, which shall be kept readily available for inspection by the Inspector and produce on demand.

20. Prohibition relating to pregnant women.— No pregnant women shall be employed or permitted to work in any of the process covered by this Schedule.

21. Exemptions.— If, in respect of any factory, the Chief Inspector- cum-Facilitator is satisfied that owing to the exceptional circumstances or infrequency of the process or for any other reasons, all or any of the provisions of this Schedule is not necessary for protection of the employees in the factory, the Chief Inspector-cum-Facilitator may by a certificate in writing, which he may at his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein.

SCHEDULE–B-XVIII

CHEMICAL WORKS

PART-I

1. Application.— This Schedule shall apply to all manufacture and

process incidental thereto 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 Appendix 'A' to this schedule;

(b) "efficient exhaust draught" means, localized 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;

606 LA GAZETTE DE L'ETAT [PART–II

called chloride of lime;

(d) "chlorate" means, chlorate or perchlorate;

(e) "caustic" means, hydroxide of potassium or sodium;

(f) "chrome process" means, the manufacture of chromate or bichromate of potassium of sodium or the manipulation, movement or other treatment of these substances;

(g) "nitro or amino process" means, the manufacture of nitro or amino derivatives of phenol and or benzene or its homologues and the making of explosive with the use of any of these substances;

(h) the term "permit to work" system means, the compliance

with the procedure laid down under para 20 of Part-II;

(i) "toxic substances" means, all those substances which when they enter into the human body through inhalation or ingestion or absorption through skin, in sufficient quantities cause fatality or exert serious affliction of health, or chronic harmful effects on the health of persons exposed to it due to its inherent chemical or biological effects. In respect of substances whose TLV is specified in rule 65, exceeding the concentration specified therein would make the substances toxic;

(j) "emergency" means, a situation or condition leading to a circumstance or set of circumstances in which there is danger to the life or health of persons or which could result in big fire or explosion or pollution to the work and outside environment, affecting the employees or neighbourhood in a serious manner demanding immediate action;

(k) "dangerous chemical reaction" means, high speed reactions, runaway reactions, delayed reactions, etc. and are characterized by evolution of large quantities of heat, intense release of toxic or flammable gases or vapours, sudden pressure build-up, etc.;

(l) "manipulation" means, mixing, blending, filling, emptying,

grinding, sieving, drying, packing, sweeping, handling, using, etc.;

(m) "approved personal protective equipment" means, items of personal protective equipment conforming to the relevant BIS specifications or in the absence of it, personal protective equipment approved by the Chief Inspector-cum-Facilitator;

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PART–II] LA GAZETTE DE L'ETAT

(n) "appropriate personal protective equipment" means, that when the protective equipment is used by the employees, he shall have no risk to his life or health or body; and

(o) "confined space" means, any space by reason of its construction as well as in relation to the nature of the work carried therein and where hazards to the persons entering into or working inside exist or are likely to develop during working.

PART-II

GENERAL REQUIREMENTS

(Applying to all the work in Appendix 'A')

1. House-keeping.— (1) Any spillage of materials shall be cleaned

up before further processing.

(2) Floors, Platforms, stairways, passages, gangways shall be

kept free of any obstructions.

(3) There shall be provided easy means of access to all parts

of the plants 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 employees for any purposes other than in the processes for which they are supplied.

3. Prohibition on the use of food, etc.— No food, drink, tobacco, pan or any edible item shall be stored or heating 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 employees shall be prominently displayed in all hazardous areas drawing the attention of all employees about the hazards of health, hazards involving fire and explosion and any other hazard such as consequences of testing of materials or substances used in the process or using any contaminated container for drinking or eating to which the employees' attention should be drawn for ensuring their safety and health.

(2) In addition to the above cautionary notice, arrangement shall be made to instruct and educate all the employees including illiterate employees about the hazards in the process including the specific 608 LA GAZETTE DE L'ETAT [PART–II

hazards to which they may be exposed to, in 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 and abnormal conditions and the precautions to be observed against each and every hazard. Further, an undertaking from the employees shall be obtained within one month of their employment and for old employees employed, within month of coming into operation of the rules, 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 employees and all supervisory personal shall include the signification of different types of symbols and colours used on the labels struck or painted on the various types of containers and pipelines.

5. Evaluation and provisions 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 employees, 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-part (1) above should be sent to the Chief Inspector-cum-Facilitator at the earliest, but, in no case less than15 days before commencing manufacture, handling, or storage of any items covered under Appendix 'A' whether on experimental basis, or as pilot plant or as trial production, or as largescale manufacture.

(3) The design, construction installation, operation, maintenance and disposal of the buildings, plants and facilities shall take into consideration effective safeguard against all the safety and health hazards so evaluated.

(4) The requirements under the sub-para (1) to (3) shall not act in lieu of or in derogation to, any other provisions contained in any Act governing the work.

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PART–II] LA GAZETTE DE L'ETAT

6. Authorised entry.— Authorised persons only shall be permitted to enter any section of the factory or plant where any dangerous operations or process are being carried on or where dangerous chemical reactions are taking place or where hazardous chemicals are stored.

7. Examination of instruments and safety devices.— (1) All instruments and safety devices used in the process shall be tested before taking into use and after carrying out any repair to them and examined once in a month, 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 effective working at all times.

8. Electrical installations.— All electrical installations used in the process covered in Appendix "A" shall be of an appropriate type to ensure safety against the hazards prevalent in that area such as suitability against dust, dampness, corrosion, flammability and explosivity, etc., and shall conform to the relevant ISI specifications governing their construction and use for that area.

9. Handling and storage of chemicals.— (1) The containers for handling and storage of chemicals shall be of adequate strength taking into consideration the hazardous nature of the contents. They shall also be provided with adequate labelling and colour coding arrangements to enable identification of the containers and their contents indicating the hazards and safe handling methods and shall conform to the respective ISI standards. The instructions given in the label shall be strictly adhered to. Damaged containers shall be handled only under supervision of a knowledgeable and responsible person and spillage shall be rendered innocuous in a safe manner using appropriate means.

(2) The arrangements for the storage of chemicals including charging of chemicals in reaction vessels and containers shall be such as to prevent any risk of fire or explosion or formation of toxic concentration of substances above the limits specified in rule 65.

(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.

610 LA GAZETTE DE L'ETAT [PART–II

(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 process covered in Appendix "A" to further limit the storage of hazardous substance to quantities less than two months on considerations of safety.

(5) Standby arrangement 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 Fiberglass 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, pipe lines, 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 of isolation.— The plant and equipment shall be so constructed and maintained as to enable quick isolation of plant or part of plant or equipment with appropriate indication. One copy of the layout plan indicating the isolation facilities shall always be available with the security personnel, the maintenance and the health and safety personnel and these isolation facilities shall be checked for its effectiveness once in a month.

11. Personal protective equipment.— (1) All employees 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 employees in the use of personal protective equipment while carrying out the job.

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PART–II] LA GAZETTE DE L'ETAT

(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 alarms 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 parameter exceeds the predetermined safe levels or lead to conditions conductive for an outbreak of fire or explosion to occur. Such alarm system 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 of Factories 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 causewide 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 andburied pipes and equipment, tocontrol the escape and spread of 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 arrangement 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 be diluting with air or water or any other suitable agent or by suitably treating the substances.

14. Control of dangerous chemical reactions.— Suitable provisions, 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.

612 LA GAZETTE DE L'ETAT [PART–II

15. Testing, examination and repair of plant and equipment.— (1) All parts of plant, equipment and machinery used in the process which in the likely event of failure may give rise to an emergent situation shall be tested by a competent person before commencing process and tested at an interval of two years or after carrying out repairs to it. The competent person shall identify the parts of the plant, equipment and machinery required to be tested as aforesaid and evolve a suitable testing procedure. In carrying out the tests as 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 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 removable 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; and

(c) 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 in 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 works including alteration, modification and addition to be carried out to the plant, equipment and machinery shall be done under the supervision of responsible persons who shall evolve a procedure to ensure safety and health of persons doing the work. When repairs or modification is done on pipelines, and joints are required to be welded, but, welding of joint shall be preferred. Wherever necessary, the responsible person shall regulate the aforesaid work through a "permit to work system".

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PART–II] LA GAZETTE DE L'ETAT

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 bestable, 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 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 para shall have appropriate access which are safe and shall be fitted with proper hand rails to a height of one meter and toe board.

17. Seating arrangements.— The seating arrangements provided for the operating personnel working in processes covered in Appendix "A" shall be located in a safe manner as to prevent the risk of exposure to toxic, flammable and explosive substances evolved in the work environment in the course of manufacture or repair or maintenance, either due to failure of plant and equipment or due to the substances which are under pressure, escaping into the atmosphere.

18. Entry into or work in confined spaces.— (1) The occupier of every factory to which the provisions of this Schedule apply, shall ensure the observance of the following precautions before permitting any person to enter or work inside the confined spaces.

(a) identify all confined spaces and the nature of hazards that are encountered in such spaces, normally or abnormally and arrange to develop the most appropriate safeguards for ensuring the safety and health of persons entering onto or working inside the confined spaces;

(b) regulate the entry or work inside the confined spaces through a "permit to work system" which should include the safeguards so developed as required under sub-clause (a) above;

(c) before testing the confined space for entry into or work, the place shall be rendered safe by washing or cleaning with neutralizing agents or purging with steamor inert gases andmaking adequate forced ventilation arrangements are such measures which will render the confined space safe;

614 LA GAZETTE DE L'ETAT [PART–II

(d) shall arrange to carry out such tests as are necessary for the purpose by a competent person and ensure that the confined space is safe for the persons to enter or work. Such testing shall be carried out as often as is necessary during the course of work to ensure its continued safety;

(e) shall arrange to educate and train the personnel who would be required to work in confined spaces about the hazards involved in the work. He shall also keep in readiness the appropriate and approved personal protective equipment including arrangements for rescue, resurrection and first-aid and shall arrange supervision of the work at all times by a responsible and knowledgeable person.

(2) 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 safety and health of the persons assigned for this work. The log book so maintained shall be retained as long as the concerned employees are in service and produced to the Inspector-cum-Facilitator when demanded.

19. Maintenance of 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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PART–II] LA GAZETTE DE L'ETAT

(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 pre-determined work procedures which integrate safety with the work. Such procedures shall be reviewed whenever any change occurs in materials or equipment's 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.

616 LA GAZETTE DE L'ETAT [PART–II

23. Procedures for meeting emergencies.— (1) The occupier of every factory carrying out the works covered in Appendix 'A' shall arrange to identify all types of possible emergencies that should occur in the processes during the course of work or while carrying out maintenance work or repair work. The emergencies so identified shall be reviewed every year.

(2) The occupier shall formulate a detailed plan to meet all such identified emergencies including arrangements for summoning outside help for rescue and fire-fighting and arrangements for making available urgent medical facilities.

(3) The occupier shall send the list of emergencies and the details of procedures and plans formulated to meet the emergencies, to the Chief Inspector-cum-Facilitator.

(4) Occupier shall arrange to install distinctive and recognizable warning arrangements to caution all persons inside the plant as well as the neighbouring community, if necessary, to enable evacuation of persons and to enable the observance of emergency procedures by the persons who are assigned emergency duties. All concerned must be well informed about the warning arrangements and their meaning. The arrangements must be checked for its effectiveness every month.

(5) Alternate power supply arrangements shall be made and interlocked with the normal power supply system so as to ensure constant supply of power to the facilities and equipment meant for compliance with requirements or paragraphs 10, 11, 12, 13, 14, 18 and 22 this paragraph of Part-II, Part-III, Part-IV and Part-V of this Schedule.

(6) The occupier shall arrange to suspend the further process work in a place where emergency is established and shall forthwith evacuate all persons in that area except employees who have been assigned emergency duties.

(7) All the employees of the factories shall be trained about the action to be taken by them including evacuation procedures during emergencies.

(8) All emergency procedures must be rehearsed every three months and deficiencies, if any, in the achievement of the objectives shall suitably be corrected.

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PART–II] LA GAZETTE DE L'ETAT

(9) The occupier shall arrange to have ten per cent of the employees trained in the use of first-aid fire-fighting appliances and in the rendering of specific first-aid measures taking into consideration the special hazards of the particular process.

(10) The occupier shall furnish immediately on request the specific chemical identity of the hazardous substance to the treating Physician when 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 EXPLOSIONS 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 used in the process area where there could be fire and explosion hazards.

(2) All hot exhaust pipes shall be installed outside a building and other hot pipes or hot surface or surfaces likely to become hot shall be suitably protected.

(3) The classification of work areas in terms of its hazard potential and the selection of electrical equipment or other equipment that could constitute a source of ignition shall be in accordance with the respective Indian Standard.

(4) Where a flammable atmosphere may be prevalent or could occur, the soles of footwear worn by employees 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.

618 LA GAZETTE DE L'ETAT [PART–II

(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 employees shall be posted in the factory prohibiting smoking into specified areas.

2. Static electricity.— (1) All machinery and plant, particularly pipelines 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 static sparking. 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 takes place.

3. Lightning Protection.— Lightning protection arrangement shall

be fitted where necessary, and shall be maintained.

4. Process heating.— The method of providing heat for a process likely to resulting 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 of 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 continue by means of bund walls, dykes, sums, etc., for possible leakages from storage vessels containing flammable liquids.

(2) Waste material in contact with flammable substances shall be disposed of suitably under supervision of knowledgeable and responsible person.

(3) Adequate and suitable fire-fighting appliances shall be

installed in the vicinity of such vessels.

6. Safety valves.— Every still and every closed vessel in which gas is evolved or into which gas is passed and in which the pressure is liable to rise above the atmosphere pressure, shall have attached to it apressure gauge and a proper safety valve or other equally efficient means to relieve the pressure. These appliances shall be maintained in good condition.

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PART–II] LA GAZETTE DE L'ETAT

7. Installation of Pipeline, etc.— All pipelines carrying flammable or explosive substances shall be protected from mechanical damage and shall be examined by a responsible person once in a week to detect any deterioration or defects, or accumulation of flammable or explosive substances, and record kept of any defect found and repairs made.

8. Fire-fighting systems.— (1) Every factory employing 500 or more persons and carrying out processes listed in Appendix 'A' shall provide-

(a) Trained and responsible fire-fighting squad so as to effectively handle the fire-fighting and lifesaving equipment in the event of fire or other emergency. Number of persons in this squad will necessarily depend upon the size of risk involved, but, in no case shall be less than 8 such trained persons to be available at any time. The squad shall consist of watch and ward personnel, fire pumpman and departmental supervisors and operators trained in the operation of fire and emergency services.

(b) Squad leaders shall preferably be trained in a recognized Government Institution and their usefulness enhanced by providing residence on the premises.

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 pumpman shall be thoroughly conversant with the location of all appliances. He shall be responsible for maintaining all fire-fighting equipment in proper working order. Any defect coming to his notice shall be immediately be brought to the notice of squad leader.

(4) As far as is practicable, the fire pump room and the main gate(s) of the factory be connected to all manufacturing or storing areas through telephone interlinked and placed in a convenient location near such areas.

620 LA GAZETTE DE L'ETAT [PART–II

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 the buildings shall be so designed as to localize any escape of toxic substances.

(2) Catch pits, bund walls, dykes, or other suitable safeguards shall be provided to restrict the serious effects of such leakages. Catch pits shall be placed below joints in pipelines where there is danger involved to maintenance and other employees 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 substances and not so covered as to eliminate all reasonable risk of accidental contact of any portion of the body of an employee, shall be so constructed as to avoid physical contact.

(2) Such vessel shall, unless its edge is at least 90 centimetres above the adjoining ground or platform be securely fenced to a height of at least 90 centimetres above such adjoining ground or platforms.

(3) Where such vessels adjoin and the space between them, clear of any surrounding brick or other work is either less than 45 centimetres in width or is 45 or more centimetres in width, but is not securely fenced on both sides to a height of at least 90 centimetres secure barriers shall be so placed as to prevent passage between them:

Provided that sub-paragraph (2) of this paragraph shall not

apply to-

(a) Saturators used in the manufacture of sulphate of

ammonia; and

(b) that part of the sides of brine evaporating pans which

requires raking, drawing or filling.

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PART–II] LA GAZETTE DE L'ETAT

4. Continuous exhaust arrangement.— (1) Any process evolving toxic vapour, gas, fume and substances shall have efficient continuous exhaust drought. 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 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 inactive them, before disposal.

(3) The empty containers of toxic substances shall be cleaned thoroughly before disposal under the supervision of a responsible person.

PART-V

SPECIAL PROVISIONS

1. Special precautions for nitro or amino processes.— (1) Unless the crystallized 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 implement which was in contact with nitro or amino compounds shall be repaired, or handled unless they have been emptied and thoroughly cleaned and decontaminated.

622 LA GAZETTE DE L'ETAT [PART–II

(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 stove 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 vessels containing nitro or amino compounds or its raw materials shall be carried out in such a manner that the steam or vapor 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 "chromo 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 employees so as to protect against perforation of nasal septum.

3. Special precautions for processes carried out in all glass vessels.— (1) Processes and chemical reaction such as manufacture of vinyl chloride, benzyl chloride, etc., and 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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PART–II] LA GAZETTE DE L'ETAT

(2) Any spillage or emission of vapour from 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 materials. The place shall be thoroughly cleaned daily.

(2) The personal protective equipment like overall, etc., provided for the chlorate employees 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 be used for the crystallisation of

chlorate or to contain crystallized ground chlorate.

5. Special precautions in the use of plant and equipment made from reinforced plastics.— (1) All plant and equipment's 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 beinstalled in such a way as to ensure that loads are distributed as intended in design or as per the recommendations of the manufacturers.

(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 competent person shall be obtained and kept available at site.

(6) All plant and equipment's shall be subjected to periodical test and examination and record maintained as per paragraph 15 in Part-II of this Schedule.

(7) Plant and equipment during their use shall not be subjected

to overfilling or overloading beyond rated capacity.

624 LA GAZETTE DE L'ETAT [PART–II

PART-VI

MEDICAL REQUIREMENTS

1. Decontamination facilities.— In all places, where toxic substances are used in processes listed in Appendix "A" the following provisions shall be made to meet an emergency;

(a) fully equipped first-aid box;

(b) readily accessible means of drenching with waterpersons, 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:

TABLE

No. of persons employed No. of drenching showers

at any time

Up to 50 persons 2

Between 51 and 100 3

101 and 200 3+1 for every 50 persons thereafter

201 and 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 process 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 50 employees-

(a) the services of a qualified medical practitioner hereinafter known as Factory Medical Practitioner, available on a retainership 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.

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PART–II] LA GAZETTE DE L'ETAT

(b) a minimum of five persons trained in first-aid procedures amongst whom at least one shall always be available during the working period.

(2) For factories employing 51 to 200 employees-

(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 Factory 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.

compounder on duty throughout the working period.

(d) A fully equipped first-aid box.

(3) For factories employing above 200 employees-

(a) There shall be one full-time Factory Medical Practitioner for factories employing up to 500 employees and one more Medical Officer for every 1,000 employees or part thereof.

(b) The occupational health centre in this case shall have a minimum of 2 rooms each having a minimum floor area of 15sq.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-wardboy 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, 626 LA GAZETTE DE L'ETAT [PART–II

trained in first-aid or 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 employees.

4. Medical examination.— (1) Employees employed in processes covered in Appendix 'A' shall be medically examined by a Factory Medical Practitioner in the following manner-

(a) Once before employment, to ascertain physical suitability

of the person to do the particular job;

(b) Once in a period of 6 months to ascertain the health status

of the employee; and

(c) The details of pre-employment and periodical medical examinations carried out as foresaid shall be recorded in the prescribed form.

(2) Any finding of the Factory 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 employees 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 employee 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 or in the opinion of Inspector-cum-Facilitator may examine any other employee whom he feels necessary to examined ascertaining the suitability of his employment in the process covered in Appendix 'A' or for ascertaining the health status of any other employee and his opinion shall be final.

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PART–II] LA GAZETTE DE L'ETAT

(3) No person shall be newly appointed without the certificate of fitness in FORM XXIV granted by the medical practitioner, If, the medical practitioner declares a person unfit for being appointed to work in the process covered in Appendix 'A' such person shall have a right of appeal to the Medical Officer, whose opinion shall be final in this regard.

(4) The employee suspended from the process owing to the circumstances covered in sub-para (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 employees, taps for washing, at the rate of one tap for 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 process covered in Appendix 'A' and employing 50 employees or more, shall provide for all the employees 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. Cloak-room facilities.— (1) The occupier of every factory carrying out any process covered in Appendix 'A' shall provide for all the employees employed in the process, cloak-room facilities 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.

628 LA GAZETTE DE L'ETAT [PART–II

(2) The cloak-room facilities so provided in pursuance of sub-para (1) shall be located as far as possible near to the facilities provided for washing pursuance of para 1 (1). If it is not possible to locate the washing facilities, the cloak-room facilities shall have adequate and suitable arrangements for cleaning and 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 employees employed and such facilities shall be provided at the rate of 1 for 25 employees and part thereof, and shall be maintained in a clean and hygienic condition.

(2) The occupier shall insist all the employees 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 employees 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 in his opinion bathing facilities are essential from health point of view, to provide special bathing facilities.

PART-VIII

1. Duties of employees.— (1) Every employee employed in the processes covered in Appendix 'A' and Appendix 'B' shall not make safety device or appliance or any guarding or defencing arrangements 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 employees employed in processes covered in Appendix 'A' shall check their work place as well as the machinery, equipment or appliance used in the processes and report any malfunction or defect immediately to the supervisor or any responsible person of the management.

(3) All employees 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.

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PART–II] LA GAZETTE DE L'ETAT

(4) All employees 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 employees employed in the process covered in Appendix 'A'

shall not remain in unauthorized place or carry out unauthorized work

or improvise any arrangements or adopt short cut 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 employees shall not refuse undergoing medical

examination as required under these rules.

PART-IX

RESTRICTION ON THE EMPLOYMENT OF WOMEN

(1) The Chief Inspector-cum-Facilitator may by an order in writing,

restrict or prohibit the employment of women in any of the process

covered in Appendix 'A' of this Schedule on considerations of health

and safety of women.

(2) Such persons who are restricted or prohibited from working in

the process due to the order issued in pursuance of sub-para (1) above

shall be provided with alternate work which is not detrimental to their

health or safety.

PART-X

EXEMPTIONS

1. Power of exemption.— The state Government or subject to the

control of the State Government, the Chief Inspector-cum-Facilitator may

exempt from the compliance with any factory carrying out process

covered in Appendix 'A', if, it is clearly and satisfactory 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

requirement covered in this Schedule.

630 LA GAZETTE DE L'ETAT [PART–II

APPENDIX 'A'

Any works or that part of work 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 hydroxides and salts of ammonium;

(iii) the organic or inorganic compounds of sulphurous, sulphuric, nitric, nitrous, hydrochloric, hydrofluoric, hydriodic, hydro-sulphuric, hydrobromic, boric;

(iv) cyanogen compounds, cyanide compounds, cyanate

compounds;

(v) phosphorous and its compounds other than organo-

phosphorous 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;

produced in chlorine-alkali plants;

(d) (i) gas, tar or coal tar bitumen or shale oil, asphalt or any residue of such tar is distilled or is used in any process of chemical manufacture;

(ii) tar based synthetic colouring matters or their intermediates

are provided;

(e) nitric acid is used in the manufacture of nitro compounds;

(f) explosives are produced with the use of nitro compounds;

(g) aliphatic or aromatic compounds or their metallic and non-metallic derivatives or substituted derivatives, such as chloroform, ethylene glycol, formaldehyde, benzyle chloride, phenol, methyl ethyl ketone peroxide, cobalt carbonyl, tungsten carbide, etc., are manufactured or recovered.

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PART–II] LA GAZETTE DE L'ETAT

APPENDIX 'B'

Concerning special bathing accommodation in pursuance of para 4

Part-IV

1. Nitro or amino processes.

2. All chrome processes.

3. Processes of distilling gas or coal tar or processes of chemical

manufacture in which tar is used.

4. Process involving manufacture, manipulation, handling or recovery of cyanogen compound, cyanide compound, cyanate compounds.

5. Process 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 process involving the manufacture, manipulation or recovery of aliphatic or aromatic compounds or their derivatives or substituted derivatives.

APPENDIX 'C'

AMBULANCE

Ambulance should have the following equipment;

General:-

– A wheeled stretcher with folding and adjusting devices; Head of the stretcher must be capable of being titled upward

– Fixed suction unit equipment;

– Fixed oxygen supply with equipment;

– Pillow with case;

– Sheets;

– Blankets;

– Towels;

– Emesis bag;

– Bed-pan;

– Urinal;

– Glass;

632 LA GAZETTE DE L'ETAT [PART–II

Safety equipment: -

– Flares with life 30 minutes;

– Flood lights;

– Flash lights;

– Fire extinguisher dry powder type;

– Insulated gauntlets:

– Emergency care equipment: -

Resuscitation: -

– Portablesuction unit;

– Portable oxygen unit;

– Bag-valve mask, hand operated artificial ventilation

unit;

– Airways;

– Mouth gags;

– Tracheostomy adaptors;

– Short spine board;

– I.V. fluids with administration unit;

– B.P. manometer;

– Cugg;

– Stethoscope.

Immobilisation: -

– Long and short padded boards;

– Wire ladder splints;

– Triangular bandage;

– Long and short spine boards.

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PART–II] LA GAZETTE DE L'ETAT

Dressings: -

– Gauze pads - 4" X 4";

– Universal dressing - 10" X 36";

– Roll of aluminium foils;

– Soft roller bandages 6" x 5 yards;

– Adhesive tape in 3" roll;

– Safety pins;

– Bandage sheets;

– Burn sheet.

Poisoning: -

– Syrup of Ipecac;

Pre-packeted in doses

– Activated charcoal;

– Snake-bite kit;

– Drinking water;

– Emergency water.

Emergency medicines:

– As per requirement (under the advice of Medical Officer

only).

SCHEDULE–B-XIX

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 substances mentioned in paragraphs 3 and 4 are formed, manufactured, handled, or used and the processes incidental thereto in the course of which these substances are formed, are carried on. The processes indicated in this paragraph shall be referred to hereinafter as "the said processes", and such a reference shall mean any or all the processes described in this paragraph.

634 LA GAZETTE DE L'ETAT [PART–II

2. Definition.— For the purpose of this Schedule the following

definitions shall apply, unless the context otherwise requires -

(a) "controlled substances" means, chemical substances

mentioned in paragraph 4 of this schedule;

(b) "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

mentioned in paragraph 3 of this schedule.

3. Prohibited substances.— For the purpose of this Schedule, the following chemical substances shall be classified a "prohibited substances" except when these substances are present or are formed as a by-product of a chemical reaction in a total concentration not exceeding one percent :-

(a) beta-naphthylamine and its salts;

(b) Benzedrine and its salts;

(d) 4-nitro diphenyl and its salts; and

(e) any substance containing any of these compounds.

4. Controlled substances.— For the purpose of this Schedule, the following chemical substances shall be classified as "controlled substances" :-

(a) alpha-naphthylamine or alpha-naphthylamine containing not

more than one percent of betanaphthylamine;

(b) either as a by-product of chemical reaction or otherwise, and

its salts;

(d) dianisdine and its salts;

(e) dichlorobenzidine and its salts;

(f) auramine; and

(g) magneta.

635

PART–II] LA GAZETTE DE L'ETAT

5. Prohibition of employment.— No person shall be employed in the said processes in any factory in which any prohibited substance is formed, manufactured, processed, handled, or used except as exempted by the Chief Inspector-cum-Facilitator as stipulated in paragraph 23.

6. Requirements for processing or handling controlled substances.— (1)Wherever any of the controlled substances referred to in paragraph 4 are formed, manufactured, processed, handled, or used, all practical steps shall be taken to prevent inhalation, ingestion or absorption of the said controlled substance by the employees while engaged in processing that substance, and its storage or transport within the plant, or in cleaning or maintenance of the concerned equipment, plant, machinery and storage areas.

(2) As far as possible all operations shall be carried out in a totally enclosed system. Wherever such enclosure is not possible, efficient exhaust draught shall be applied at the point where the controlled substances are likely to escape into the atmosphere during the process.

(3) The controlled substances shall be received in the factory in tightly closed containers and shall be kept so except when these substances are in process or in use. The controlled substances shall leave the factory only in tightly closed containers of appropriate type. All the containers shall be plainly labelled to indicate the contents.

7. Personal protective equipment.— (1)The following items of personal protective equipment shall be provided and issued to every employee employed in the said processes :-

(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 gum-boots.

(2) The following items of personal protective equipment shall be provided in sufficient numbers for use by employees employed in the said processes when there is danger of injury during the performance of normal duties or in the event of emergency:-

(a) rubber hand-gloves;

(b) rubber aprons; and

equipment.

636 LA GAZETTE DE L'ETAT [PART–II

(3) It shall be the responsibility of the manager to maintain all items of personal protective equipment in a clean and hygienic condition and in good repair.

8. Prohibition relating to employment of women.— No woman shall be employed or permitted to work in any room in which the said processes are carried on.

9. 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,

gutters and

(d) thoroughly washed daily with the drain water being led into

a sewer through a closed channel.

10. Disposal of empty containers.— Empty containers used for holding controlled substances shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discarded.

11. 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.

12. Instructions regarding risk.— Every employee on his first employment in the said processes shall be fully instructed on the properties of the toxic chemicals to which he is likely to be exposed to, of the dangers involved and the precautions to be taken. Employees shall also be instructed on the measures to be taken to deal with an emergency.

13. Cautionary placards.— Cautionary placards in the form specified in appendix attached to this Schedule and printed in the language of the majority of the employees 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 employees regarding the precautions contained in the cautionary placards.

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PART–II] LA GAZETTE DE L'ETAT

14. Obligations of the employees.— It shall be the duty of the persons employed in the said processes to submit themselves for the medical examination including exfoliative cytology of urine by the Certifying Surgeon or the qualified medical practitioner as provided for under these rules.

15. Washing and bathing facilities.— (1)The following washing and bathing facilities shall be provided and maintained in a clean state and in good repair for the use of all employees 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 employees;

(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;

proximity of the area housing the said processes;

(d) clean towels shall be provided individually to each

employee; 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.

16. Food, drinks, etc., prohibited in workroom.— No employee shall consume food, drink, pan, supari or tobacco or shall smoke in any workroom in which the said processes are carried on and no employee shall remain in any such room during intervals for meals or rest.

17. Cloakroom.— There shall be provided and maintained in a clean state and in good repair for the use of the employees employed in the said processes.

(a) a cloak room with lockers having two compartments - one

for street clothes and the other for work clothes, and 638 LA GAZETTE DE L'ETAT [PART–II

(b) a place separate from the locker room and the messroom, 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.

18. Messroom.— There shall be provided and maintained for the use of employees employed in the said processes whoremain on the premises during the meal intervals, a messroom which shall be furnished with tables and benches and provided with suitable means for warming food.

19. Time allowed for washing.— Before the end of each shift 30 minutes shall be allowed for bathing for each employee who is employed in the said processes. Further, at least 10 minutes shall be allowed for washing before each meal in addition to the regular time allowed for meals.

20. Restriction on age of persons employed.— No employee under the age of 40 years shall be engaged in the factory in the said processes for the first time after the date on which the schedule comes into force.

21. Medical facilities and record of examinations and tests.— (1) The occupier of every factory to which the schedule applies, shall-

(a) Appoint a qualified medical practitioner for frequent medical examination of the employees employed therein whose employment shall be subject to the approval of the Chief Inspector-cum-Facilitator; and

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

22. Medical examination by the Medical Officer.— (1) Every employee employed in the said process shall be examined by a Medical Officer within 15 days of his first employment. Such examination shall include tests for detection of methemoglobin in blood (heamatological tests), paranitrophenol in urine, pulmonary functions tests and C.N.S tests. No employee shall be allowed to work after 15 days of his employment in the factory unless certified fit for such employment by the Medical Officer.

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(2) Every employee employed in the said processes shall be reexamined by a Medical Officer at least once in every three calendar months and such reexamination shall wherever the Medical Officer considers appropriate include all the tests specified in sub-paragraph (1).

(3) The Medical Officer after examining an employee shall issue a certificate of fitness in Form-XXIV. The record of examination and reexamination 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 result of these tests, shall also be entered by the Medical Officer in a health register in Form-XXV.

(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 an employee is no longer fit for employment in the said processes on the ground that continuance therein involve special danger to the health of the employee, 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.

(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be reemployed or permitted to work in the said processes unless the Medical Officer after further examination, again certifies him fit for employment in those processes.

23. Exemptions – Prohibited substances.— (1) The Chief Inspector-cum-Facilitator may by a certificate in writing (which he may at his discretion revoke at any time), subject to such conditions, if any, as may be specified therein, exempt any process in the course of which any of the prohibited substances is formed, processed, manufactured, handled, or used, form the provisions of paragraph 5 if, he issatisfied that the process is carried out in a totally enclosed and hermetically sealed system in such a manner that the prohibited substance is not removed from the system except in the quantities no greater than that required for the purpose of control, of the process or such purposes as is necessary to ensure that the product is free from any of the prohibited substances.

640 LA GAZETTE DE L'ETAT [PART–II

(2) The Chief Inspector-cum-Facilitator may allow the manufacture, handling or use of benzidine hydrochloride provided that all the processes in connection with it are carried out in a totally enclosed system in such a manner that no prohibited substance other than benzidine hydrochloride is removed therefrom except in quantities no greater than that required for the purpose of control of the processes or such purposes as is necessary to ensure that the product is free from prohibited substances and that adequate steps are taken to ensure that benzidine hydrochloride is, except while not in a totally enclosed system, kept wet not less than one part of water to two parts of benzidine hydrochloride at all times.

24. Exemptions – General.— 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 employees 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.

CAUTIONARY PLACARD

Advice to employees:-

1. Nitro and amino compounds or aromatic hydro carbons are

dangerous. In this factory you have to handle them frequently.

2. All item of protective wear provided should be made use of

to safeguard your health.

3. Maintain scrupulous, cleanliness at all times. Before meal wash hands and feet. A bath before leaving the factory is essential, taking care to wash the head well.

4. If, any chemical falls on your body, wash it off immediately with soap and water. Change clothing at once, if, soiled with a cyanotic nitro and amino compound. Contact the appointed doctor immediately.

5. Do not handle any nitro or amino compound with bare hands.

Use a long-handled scoop.

6. Avoid alcoholic drinks as these increase risk of poisoning.

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PART–II] LA GAZETTE DE L'ETAT

7. In case of illness contact the factory occupier and the

appointed doctor.

8. Do not chew, eat, drink or smoke in the workroom or with

soiled hands. Keep food and drink away from the work place.

9. If, you work with betanaphthylamine or benzidine or its salts,

alphanaphthylamine or diansidine-

(a) Remember the serious effects will follow after a number of years if, great care is not taken to observe absolute cleanness of body, clothes, machinery and tools.

(b) at meal time, wash face and hands twice with soap and water to remove all chemicals; wear a long-sleeved clean apron while eating;

water twice, after this put on your home clothes.

SCHEDULE -B-XX

PROCESS OF EXTRACTION OILS AND FATS FROM

VEGETABLES AND ANIMAL SOURCES IN SOLVENT

EXTRACTION PLANTS

1. Definitions.— (a) "Solvent extraction plant" mean, a plant in which the process of extraction oils and fats from vegetables and animal sources by the use of solvents is carried on.

(b) "Solvent" means, an inflammable liquid such as pentane,

hexane and heptane use for the recovery of vegetable oils.

(c) "Flame-proof" 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:

642 LA GAZETTE DE L'ETAT [PART–II

Provided that a graduate in Mechanical Engineering or Chemical Technology with specialised knowledge of oils and fats and with a minimum experience of 5 years in a solvent extraction plant shall also be considered to be a competent person:

Provided further that the State Government may accept any other qualification if, in its opinion they are equivalent to the qualifications aforesaid.

2. Location and layout.— (a) No solvent extraction plant shall be permitted to be constructed or extended to within a distance of 30 meters from the nearest residential locality.

(b) A 1.5-meter-high continuous wire fencing shall be provided around the solvent extraction plant up-to a minimum distance of 15 meters from the plant.

flame or fire inside the area bound by the fencing.

(d) 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.

(e) If, godowns and preparatory processes are at less than 30 meters distance from the solvent extraction plant, these shall be at least 15 meters distance from the plant, and 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.— (a) All electrical motors and wiring and other electrical equipment installed or housed in solvent extraction plant shall be of flame-proof construction.

(b) All metal parts of the plant and buildings including various tanks and containers where solvents are stored or are present and all parts of electrical equipment not required to be energized shall be properly bounded together and connected to earth so as to avoid accidental rise in the electrical potential of such parts above the earth potential.

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PART–II] LA GAZETTE DE L'ETAT

4. Restriction of smoking.— Smoking shall be 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 frictions.— (a) 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.

(b) 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.

(c) No person shall be allowed to enter and work in the solvent extraction plant if, wearing clothes made of nylons or such other fibre that can generate static electrical charge or wearing footwear which is likely to cause sparks by friction.

6. Fire fighting apparatus.— (a) Adequate number of portable fire extinguishers, suitable for use against flammable liquid fires shall be provided in the solvent extraction plant.

(b) 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 buildings housing such plant.

7. Precautions against power failure.— Provisions shall be made for the automatic cutting off of steam in the event of power failure and also for emergency overhead water supply for feeding water by gravity to condensers which shall come into play automatically with the power failure.

8. Magnetic separators.— Oil cake shall be fed to the extraction by a conveyor through a hopper and a magnetic separator shall be provided to remove any pieces of iron during its transfer.

9. Venting.— (a) Tanks containing solvents shall be protected with emergency venting to relieve excessive internal pressure in the event of fire.

(b) All emergency relief vents shall terminate at least 6 meters above the ground and be so located that vapours will not enter the building in which solvent extraction plant is located.

644 LA GAZETTE DE L'ETAT [PART–II

10. Waste water.— Process waste water shall be passed through a flash evaporator to remove any solvent before it is discharged into a sump which should be located within the fenced area but not closer than 8 meters to the fence.

11. Ventilation.— The solvent extraction plant shall be well ventilated and if, the plant is housed in a building, the building shall be provided with mechanical ventilation with provision for at least six air changes per hour.

12. Housekeeping.— (a) 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.

(b) 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.

(c) Space within the solvent extraction plant and within 15 meters from the plant shall be kept free from any combustible materials and any spills of oil or solvent, shall be cleansed up immediately.

13. Examination and repairs.— (a) The solvent extraction plant shall be examined by the competent persons to determine any weakness or corrosion and wear once in every 12 months. Report of such examination shall be supplied to the Inspector-cum-Facilitator with his observation as to whether or not the plant is in safe condition to work.

(b) No repairs shall be carried out to the machinery or plant

except under the direct supervision of the competent person.

(c) Facility shall be provided for purging the plant with inert gas or steam before opening for cleaning or repairs and before introducing solvent after repairs.

14. Operating personnel.— The operation of the plant and machinery in the solvent extraction plant shall be in the charge of such duly qualified and trained persons as are certified by the competent persons to be fit for the purpose and no other person shall be allowed to operate the plant and machinery.

15. Employment of pregnant women.— No pregnant women shall

be employed in the solvent extraction plant.

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PART–II] LA GAZETTE DE L'ETAT

16. Vapour detection.— A suitable type of flame proof and portable combustible gas indicator shall be provided and maintained in good working order and a schedule of routine sampling of atmosphere or 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 reasons, all or any of the provisions of this Schedule is not necessary for the protection of the employees in the factory, the Chief Inspector-cum-Facilitator may by a certificate in writing (which 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–B-XXI

MANUFACTURE OR MANIPULATION OF 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 on which benzene or substances containing benzene are manufactured, handled or used.

2. Definitions.— For the purpose of this Schedule-

(a) 'Substances containing benzene' mean, substances wherein

benzene content exceeds 1 percent by volume.

(b) 'Substitute' means, a chemical which is harmless or less

harmful than benzene and can be used in place of benzene.

of benzene vapors to the working atmosphere.

(d) 'Efficient exhausted draught' means, localized ventilation effected by mechanical means for the removal of gases, vapour and dusts or fumes so as to prevent them from escaping into the air of any workroom. No draught shall be deemed to be efficient if, it fails to remove smoke generated at the point where such gases, vapour, fumes or dusts originate.

3. Prohibition and substitution.— (a) Use of benzene and substance containing benzene is prohibited in the following process: - 646 LA GAZETTE DE L'ETAT [PART–II

(i) Manufacture of varnishes, paints and thinners;

(ii) Cleaning and degreasing operations.

(b) Benzene or substances containing benzene shall not be used as a solvent or diluents unless the process in which it is used is carried on in an enclosed system or unless the process is carried on in a manner which is considered equally safe as if, it were carried out in an enclosed system.

(c) Where suitable substitutes are available, they shall be used instead of benzene or substances containing benzene. This provision, however, shall not apply to the processes specified in Appendix-A.

(d) The Chief Inspector-cum-Facilitator may, subject to confirmation by the Government, permit exemptions from the percentage laid down in clause 2(a) and also from the provisions of sub-clause (b) temporarily under conditions and within limits of time to be determined after consultation with the employers and employees concerned.

4. Protection against inhalation.— (a) The process involving the use of benzene or substances containing benzene shall as far as practicable be carried out in an enclosed system.

(b) 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 values specified under rule 65.

(c) 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 vapour in air as measured by air analysis, exceeds values specified under rule 65, the occupier shall forthwith report the concentration to the Chief Inspector-cum-Facilitator stating the reasons for such increase.

(d) Employees 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 clause (b) be provided with suitable respirators or facemasks. The duration of such exposure shall be limited as far as possible.

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PART–II] LA GAZETTE DE L'ETAT

5. Measures against skin contact.— (a) Employees 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 vapour.

(b) The protective wear referred to in sub-clause (a) shall be

maintained in good condition and inspected regularly.

6. Prohibition relation to employment of women.— No woman shall be employed or permitted to work in any workroom involving exposure to benzene or substances containing benzene.

7. Labelling.— Every container holding benzene or substances containing benzene shall have the word "Benzene" and approved danger symbols clearly visible on it and shall also display information of benzene content, warning about toxicity and warning about in-flammability of the chemical.

8. Improper use of benzene.— (a) The use of benzene or substances containing benzene by employees for cleaning their hands or their work clothing shall be prohibited.

(b) Employees shall be instructed on the possible dangers

arising from such misuse.

9. Prohibition of consuming food, etc., in workrooms.— No employee 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. Instruction as regards risk.— Every employee 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. Employees 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 'B' and presented in the language easily read and understood by the majority of the employees shall be displayed in prominent places in the workrooms where benzene or substances containing benzene are manufactured, handled or used.

648 LA GAZETTE DE L'ETAT [PART–II

12. Washing facilities, cloakroom and mess-room.— In factories in which benzene or substances containing benzene are manufactured, handled or used, the occupier shall provide and maintain in 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 employee if so, ordered by the Inspector-cum-Facilitator.

(b) a cloak-room with lockers for each employee, having two

compartments one for street-clothing and one for work-clothing.

(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 employees to take their meals, the requirements of mess-room shall be dispensed with.

13. Medical facilities and record or examinations and test.— (1) The occupier of every factory to which the Schedule applies, shall-

(a) appoint aqualified medical practitioner forfrequent medical examination of the employees employed therein whose employment shall be subject to the approval of the ChiefInspector-cum-Facilitator; and

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examinations and appropriate tests carried out by said medical practitioner shall be maintained in FORM XXV which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

14. Medical examination by the Medical Officer.— (1) Every employee employed in the processes mentioned in paragraph 1, shall be examined by a Medical Officer within 15 days of his first employment. Such examination shall include tests for detection of phenol in urine and determination of urinary sulphide ratio and C.N.S. and haematological tests. No employee 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.

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PART–II] LA GAZETTE DE L'ETAT

(2) Every employee employed in the said processes shall be

reexamined by a Medical Officer at least once in every twelve calendar

months and such examinations shall, wherever the Medical Officer

considers appropriate include all the tests specified in sub-paragraph (1)

further, every employee shall also be examined once in every three

calendar months by the factory Medical Practitioner.

(3) The Medical Officer after examining an employee shall issue

acertificate of fitness in Form-XXIV. The record of examination and

reexaminations 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 these tests, shall also be