[ 75 ]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 24]

CHENNAI, WEDNESDAY, JUNE 13, 2018

Vaikasi 30, Vilambi, Thiruvalluvar Aandu–2049

[Regd. No. TN/CCN/467/2012-14

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price : Rs. 4.80 Paise.

Part III—Section 1(a)

General Statutory Rules, Notiﬁ cations, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

CONTENTS

DTP—III-1(a)-(24)

Pages

AGRICULTURE DEPARTMENT

Amendments to the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules

84-85

HOME DEPARTMENT

Amendments to the Tamil Nadu Motor Vechicle Rules

LABOUR AND EMPLOYMENT DEPARTMENT

Draft Amendment to the Tamil Nadu Factories Rules

76-84

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

NOTIFICATIONS BY GOVERNMENT

HOME DEPARTMENT

Amendments to the Tamil Nadu Motor Vehicle Rules.

(G.O.Ms.No. 344, Home (Transport-I), 21st May 2018.)

No. SRO A-32/2018.

In exercise of the powers conferred by Section 96 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor

of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Motor Vehicles Rules 1989, the draft of the same

having been previously published, as required by sub-section (1) of Section 212 of the said Act.

AMENDMENTS

In the said Rules,-

(1) in rule 3, after clause (z), the following clauses shall be inserted, namely:-

“(za) “Sleeper Coach” means a contract carriage designed and constructed with berth for passengers to sleep

while travelling;

(zb) “Sleeper Coach cum Seater” means a contract carriage designed and constructed with berth for passengers

to sleep while travelling and with seat; “;

(2) in FORM CCPA,-

(i)

after serial number 3 and the entry relating thereto, the following serial number and entry shall be inserted,

namely:-

“3-A.Type of the contract carriage:”;

(ii) in the entries against serial numbers 7 and 8, for the expression “Seating Capacity”, the expression” Seating

Capacity or Berth Capacity or both” shall be substituted;

(3) in FORM PC, after serial number 3 and the entry relating thereto, the following serial number and entry shall

be inserted, namely:

“3-A Type of the contract carriage;”

NIRANJAN MARDI,

Additional Chief Secretary to Government.

LABOUR AND EMPLOYMENT DEPARTMENT

Draft Amendment to the Tamil Nadu Factories Rules.

[G.O.Ms.No. 54, Labour and Employment (M2) 27th April 2018, CˆF¬ó 14, M÷‹H, F¼õœÀõ˜ Ý‡´ 2049.]

No. SRO A-33/2018.

The following draft of amendments to the Tamil Nadu Factories Rules, 1950, which is proposed to be made in exercise

of the Powers conferred by Section 87 read with Section 112 of Factories Act, 1948 (Central Act LXIII of 1948), is hereby

published for information of all persons likely to be affected thereby as required by Section 115 of the said Act.

2. Notice is hereby given that the draft amendments will be taken into consideration after the expiry of forty-ﬁ ve days

from the date of publication of this notiﬁ cation in the Tamil Nadu Government Gazette and that any objection or suggestion,

which may be received from any person with respect thereto, before the expiry of the aforesaid period, will be considered by

the Government of Tamil Nadu. Objection and suggestion, if any, should be addressed in duplicate to the Principal Secretary

to Government, Labour and Employment Department, Secretariat, Fort.St.George, Chennai-600 009, through the Director of

Industrial Safety and Health, 47/1-SIDCO Industrial Estate, Guindy, Chennai - 600032.

DRAFT AMENDMENT

In the said Rules,

(1) in Rule 95, in sub-rule (1), for item 28, the following item shall be substituted, namely:-

June 13, 2018]

TAMIL NADU GOVERNMENT GAZETTE

“28. Operations involving High Noise and Vibration Levels.”

(2) for Schedule XIX annexed to rule 95, the following Schedule shall be substituted, namely:-

“SCHEDULE XIX

Manipulation of Stone or any other material containing free Silica

Application.- This Schedule shall apply to all factories or parts of factories in which manipulation of stone or any

other material containing free silica is carried on. This shall include the manufacturing processes pertaining to

Stone Crushers, Gem and Jewellery, Slate Pencil Making, Agate Industry, Cement Industry, Pottery and Glass

Manufacturing.

Deﬁ nitions.- For the purpose of this Schedule -

(a) “manipulation” means crushing, breaking, chipping, dressing, grinding, sieving, mixing, grading or handling of

stone or any other material containing free silica or any other operation involving such stone or material;

(b) “stone or any other material containing free silica” means a stone or any other solid material cotaining not

less than 5 percent by weight of free silica.

Preventive Control Measures.—No manipulation shall be carried out in a factory or part of a factory unless

the following preventive control measures are adopted, namely:-

(1) Engineering Control Measures:

(a) Wet Methods:

(i)

Airborne Silica Dust should be minimized or suppressed by applying water to the process or clean

up;

(ii)

Water should be provided for drilling or sawing of concrete or masonry,

(b) Ventilation:

(i)

An effective Local exhaust system should be provided and maintained to control/remove silica dust

from industrial processes.

(ii)

Dilution / ventilation may be used to reduce free silica dust concentration to below the permissible

limits in large areas.

(iii) Dust collectors / High Efﬁ ciency Particle Air ﬁ lter (HEPA) should be set up so that dust shall be

removed from the source and all transfer points to prevent contaminating work areas.

(iv) Ventilation systems should be kept in good working conditions.

(i)

Containment methods should be used while carrying out sand blasting.

(ii)

Cabins of vehicles or machinery cutting and drilling that might contain free silica should be enclosed

and sealed.

(d) Dust Control:

(i) Vacuum System with High Efﬁ ciency Particle Air (HEPA) ﬁ lter shall be used to remove dust from work

areas and at all transfer points.

(ii) The belt conveyors transferring crushed material shall be totally enclosed throughout its length.

Provided that such control measures as above said are not necessary if the process or operation itself is such that the

level of dust created and prevailing does not exceed the permissible limit of exposure speciﬁ ed in the Second Schedule of

the Factories Act 1948 (Central Act 63 of 1948).

(2) Medical Controls Measures:

(1) The occupier of every factory in which a worker employed in the processes speciﬁ ed in paragraph 1, shall

ensure that every worker employed be examined by a Medical Inspector of Factories/ Certifying Surgeon within

ﬁ fteen days of his ﬁ rst employment. Such medical examination shall include pulmonary function test and chest

X ray -Posterior Anterior (PA) view to be compared with standard International Labour Organisation (I.L.O)

Radiographs on Pneumoconiosis which shall be read by a radiologist specialized / trained in the said ﬁ eld. No

worker shall be allowed to work after ﬁ fteen days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for

such employment by the Medical Inspector of Factory / Certifying Surgeon.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

(2) Every worker employed in the said processes shall be re-examined by a Medical Inspector of Factory /

Certifying Surgeon at least once in every twelve months. Such re-examination shall, wherever the Medical

Inspector of Factory / Certifying Surgeon considers appropriate, include the test as speciﬁ ed in sub-paragraph

(1) that is, pulmonary function test except chest X-ray - Posterior Anterior (PA) view to be compared with

standard International Labour Organisation Radiographs on Pneumoconiosis which shall be read by a radiologist

specialized / trained in the ﬁ eld of reading International Labour Organisation Radiographs on Pneumoconiosis

and the chest X-ray which shall be carried out at least once in three years.

(3) Every worker employed in any of the aforesaid processes on the date on which the schedule comes into force

shall be radiological examined by the qualiﬁ ed 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) such radiological

examination shall be examined as stated in sub-paragraph-1.The report of such X-ray shall be submitted to

the Medical Inspector of Factories / Certifying Surgeon for within three months of the said date.

(4) If at any time the Medical Inspector of Factories / Certifying Surgeon is of the opinion that a worker is no

longer ﬁ t for employment in the said processes on the ground that continuance therein would involve special

danger to the health of the worker he shall make a record of his ﬁ ndings in the said Certiﬁ cate and the health

that the said person is unﬁ t for work in the said processes. The person so suspended from the processes shall

be provided with alternate placement facilities unless he fully is incapacitated in the opinion of the Medical

Inspector of Factories / Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.

(5) No person who has been found unﬁ t to work as said in sub- paragraph (4) above shall be re-employed or

permitted to work in the said processes unless the Medical Inspector of Factories / Certifying Surgeon, after

further examination, again certiﬁ es him ﬁ t for employment in those processes.

(6) If a worker already in employment and declared unﬁ t by the Medical Inspector of Factories / Certifying Surgeon

shall not be allowed to work on any of the processes speciﬁ ed in paragraph 1, unless he has been examined

again along with standard size chest X-ray plate from a qualiﬁ ed Radiologist and such Radiological examination

shall be examined as stated in sub-paragraph 1, at the cost of the occupier and has been certiﬁ ed to be ﬁ t

to work on the said processes again.

(7) For the purpose of medical supervision by the Medica! Inspector of Factories / Certifying Surgeon so appointed

by the occupier shalI 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 ofﬁ ce 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 for time to time. The medical practitioner so appointed

shall perform the following duties.

(a)

maintain health register;

(b)

undertake medical supervision of persons employed in the factory;

(c)

look after health, education and rehabilitation of sick, injured or affected workers;

(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 workers employed therein.

(8) The Health Records of the workers exposed to silicosis, 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 workers concerned or their representatives.

(9) The record of medical examinations and appropriate tests carried out by the said medical practitioner a certiﬁ cate

of ﬁ tness and health shall be maintained in separate register approved by the Chief Inspector of Factories,

which shall be kept readily available for inspection by the Inspector and produce on demand.

(3) Administrative Control Measures:

(a) Work place / Environment Monitoring: The occupier to ensure work place / environment monitoring to be

performed to determine magnitude of exposure / concentration to evaluate engineering controls, selecting

respiratory protection, work practices and the need for medical surveillance.

(i) Exposure / concentration measurements should be made in the Workers’ actual breathing zone.

(ii) Total sampling time shall be at least seven hours.

(iii) Work place / Environment Monitoring shall be repeated quarterly.

(iv) The report of dust sampling by occupier shall be made available to the public.

June 13, 2018]

TAMIL NADU GOVERNMENT GAZETTE

(b) Training / Awareness: Workers shall be trained in the following:-

(i) Health effects of free silica dust exposure.

(ii) Operations and material that produce free silica dust hazards.

(iii) Engineering controls and work practice controls that reduce dust concentration.

(iv) The importance of good housekeeping and cleanliness.

(v) Proper use of personal protective equipment such as respirators etc.

(vi) Personal hygiene practices to reduce exposure.

(i) All ﬂ oors or places where ﬁ ne dust is likely to settle on and whereon any person has to work or pass

shall be of impervious material and maintained in such condition that they can be thoroughly cleaned by

a moist method or any other method which would prevent dust being airborne in the process of cleaning

once at least during each shift.

(ii) For this purpose dry sweeping or compressed air shall be used for cleanup of dust or wet methods or

vacuum system with a High Efﬁ ciency Particle Air (HEPA) ﬁ lter shall be used.

(iii) Dust on over head ledges and equipment should be removed before it becomes air borne due to vibration

trafﬁ c and random air current.

(d) Change room and washing facilities:

(i) Washing and bathing facilities shall be conveniently located at a place easily accessible to the workers.

(ii) Cloak room with individual lockers shall be provided for workers to store uncontaminated clothing.

(iii) Workers shall take bath and change the work clothes before they leave the work site.

(iv) Work clothes shall not be cleaned by blowing or shaking.

(v) Eating/lunch areas shall be located away from exposed areas.

(e) Display of Notices:

(i) Warning signs / Posters shall be displayed conspicuously in a prominent place.

(ii) The Warning signs / Poster shall contain the Hazards and precautions to be taken.

(iii) The display of notice shall be in the local language and also in the language understood by the majority

of the workers.

(f) Personal Protective Equipment:

The occupier of the every factory to which this schedule apply shall provide the following Personal Protective

Equipments (PPEs) as per relevant National Standards or International Standards and as applicable to a given work place:-

(i) Dust respirator

(ii) High Efﬁ ciency Particle Air (HEPA) ﬁ lter respirator or fume respirator.

(iii) High Efﬁ ciency Particle Air (HEPA) ﬁ lter respirator with full face piece.

(iv) Self contained breathing apparatus ((SCBA)

(v) Supplied air respirator with a full face piece, helmet or hood.

(vi) Self contained breathing apparatus ((SCBA) with full face piece.

(vii) Powered air purifying respirator with a High Efﬁ ciency Particle Air (HEPA) ﬁ lter.

Prohibition relating young persons.- No young person shall be employed or permitted to work in any of the

operations involving manipulation or at any place where such operations are carried out.

Exemptions.- (1) If in respect of any factory, the Chief Inspector is satisﬁ ed that owing to the exceptional circumstances

or in frequency of the processes or for any other reason, all or any of the provisions of this Schedule is not necessary for

protection of the workers in the factory, the Chief Inspector may issue a certiﬁ cate 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.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

(2) The notiﬁ cation of Silicosis and free silica related occupational diseases by Medical Inspector of Factories /

Certifying Surgeon should be strictly enforced and in case of any Violation, the Medical Inspector of Factories / Certifying

Surgeon shall be liable to be prosecuted under sub-section (4) of Section 89 of the Factories Act, 1948 (Central Act 63 of

1948).”

(3) for Schedule XXVIII annexed to rule 95, the following Schedule shall be substituted, namely:-

SCHEDULE XXVIII

Operations involving High Noise and Vibration Levels

Part-A

High Noise Levels:

Application.- This Part of the shedule shall apply to all operations in any manufacturing process having high noise

level.

2. Deﬁ nitions.- For the purpose of this schedule, -

(a) “Noise” means any unwanted sound;

(b) “High noise level” means any noise level measured on the A-weighted scale is 85 dB or above;

the ratio of two speciﬁ ed or implied quantities, the number of “Bels” denoting such a ratio being the logarithm

to the base the of 10 of this ratio. The noise level (or the sound pressure level) 6 corresponds to a reference

pressure of 20 x 10 Newton per square meter or 0.0002 dynes per square centimeter which is the threshold

of hearing, that is, the lowest sound pressure level necessary to produce the sensation of hearing in average

healthy listeners. The decibel in abbreviated form is dB;

(d) “Frequency” is the rate of pressure variations expressed in cycles per second or hertz;

(e) “dBA” refers to sound level in decibels as measured on a sound level meter operating on the A-weighting net

work with slow meter response; and

(f) “A-weighting” means making graded adjustments in the intensities of sound of various frequencies for the

purpose of noise measurement, so that the sound pressure level measured by an instrument reﬂ ects the actual

response of the human ear to the sound measured.

Protection against noise.- (1) In every factory, suitable engineering control or administrative measures shall be

taken to ensure, so far as is reasonably practicable, that no worker is exposed to sound levels exceeding the maximum

permissible noise exposure levels speciﬁ ed in Tables 1 and 2.

TABLE 1

PERMISSIBLE EXPOSURE IN CASES OF CONTINUOUS NOISE.

Total time of exposure (continuous or

a number of short term exposures)

per day, in hours.

Sound pressure level in or a number

of dBA per day, in hours.

1½

100

102

105

110

June 13, 2018]

TAMIL NADU GOVERNMENT GAZETTE

Explanation.-

(1) No exposure in excess of 110 dBA is to be permitted.

(2) For any period of exposure falling in between any ﬁ gure and the next higher or lower ﬁ gure as indicated in

column 1, the permissible sound pressure level is to be determined by extrapolation on a proportionate basis.

TABLE 2

PERMISSIBLE EXPOSURE LEVELS OF IMPULSIVE OR IMPACT NOISE.

Peak sound pressure level in dB.

Permitted number of impulses or impact per day.

140

100

135

315

130

1,000

125

3,160

120

10,000

Explanations.-

Exposure in excess of 140 dB peak sound pressure level is permitted.

For any peak sound pressure level falling in between any ﬁ gure and the next higher or lower ﬁ gure as

indicated in column 1, the permitted number of impulses or impacts per day is to be determined by

extrapolation on a proportionate basis.

(2)

For the purposes of this part of the schedule, if the variations in the noise level involve maximum at intervals

of one second or less, the noise is to be considered as a continuous one and the criteria given in Table 1

would apply. In other cases, the noise is to be considered as impulsive or impact noise and the criteria given

in Table 2 would apply.

(3)

When the daily noise exposure is composed of two or more periods of noise exposure at different levels their

combined effect should be considered, rather than the individual effect of each. The mixed exposure should be

considered to exceed the limit value if the sum of the fractions.

C1 + C2+ ..................

exceeds unit p-1

T1 T2

Where the C1, C2 etc. indicate the total time of actual exposure at a speciﬁ ed noise level and T1, T2, etc. denote the

time of exposure permissible at that level. Noise exposure of less than 90 dBA may be ignored in the above calculation.

(4) (a) Where it is not possible to reduce the noise exposure to the levels speciﬁ ed in the Tables in sub - paragraph

1 of paragraph 3 by reasonably practicable engineering control or administrative measures, the noise exposure

shall be reduced to the greatest extent feasible by such control measures, and each worker so exposed shall

be provided with suitable ear protectors as per relevant National or International Standards so as to reduce the

exposure to noise to the levels speciﬁ ed in the Tables in sub - paragraph 1 of paragraph 3.

(b) The Occupier shall provide personal hearing protectors to the workers.-

(i)

so as to eliminate the risk to hearing or to reduce the risk to as Iow a level as is reasonably practicable.

(ii)

after consultation with the employees concerned or their representative.

(iii) ensure the hearing protectors is full and properly ﬁ tted, periodically checked for the effectiveness, used

and maintained in good working order and repair.

(iv) ensure that workers are given periodical training in the use, care and maintenance of the Personal hearing

protectors.

(5)

Where the ear protectors provided in accordance with sub-paragraph 3 of paragraph 4 and worn by a worker

cannot Sill attenuate the noise reaching near his ear, as determined by subtracting the attenuation value in

dBA of the ear protectors concerned from the measured sound pressure level, to a level permissible under as

the case may be, the noise exposure period shall be suitably reduced to correspond to the permissible noise

exposures speciﬁ ed in the Tables in sub - paragraph 1 of paragraph 3.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

(6) (a) In all cases where the prevailing sound levels exceed the permissible levels speciﬁ ed in the Tables in sub -

paragraph 1 of paragraph 3 there shall be administered an effective hearing conservation programme which

shall include among other hearing conservation measures, pre-employment and periodical auditory surveys

conducted on workers exposed to noise exceeding the permissible levels, and rehabilitation of such workers

either by reducing the exposure to the noise levels or by transferring them to places where noise levels are

relatively less or by any other suitable means.

(b) Every worker employed in areas where the noise exceeds the maximum permissible exposure levels speciﬁ ed

in the Tables in sub - paragraph 1 of paragraph 3 shall be subjected to an auditory examination by a Certifying

Surgeon within 14 days of his ﬁ rst employment and thereafter, shall be re-examined at least once in every 12

months. Such initial and periodical examinations shall include tests which the Certifying Surgeon may consider

appropriate and shall include determination of auditory thresholds for pure tones of 125, 250, 500, 1000, 2000,4000

and 8000 cycles per second.

Part-B

High Vibration Levels:

1. Applications.- This Part of the Schedule shall apply to all operations in a manufacturing part of the process having

high undesired vibrations.

2. Deﬁ nition .-

(a) “daily exposure” means the quantity of mechanical vibration to which a worker is exposed during a working day,

which takes account of the magnitude and duration of the vibration;

(b) “Vibration” means a mechanical phenomenon where by oscillations occur about equilibrium point. The oscillations

may be periodic or random;

(c)

“high vibration” means any exposure greater than the exposure limit value and action value speciﬁ ed in

paragraph - 3;

(d) “exposure action value” means the level of daily exposure set out in paragraph-3 for any worker which, if reached

or exceeded, requires speciﬁ ed action to be taken to reduce risk;

(e) “exposure limit value” means the level of daily exposure for any worker which must not be exceeded, as speciﬁ ed

in paragraph-3;

(f) “hand-arm vibration” means mechanical vibration which is transmitted into the hands are arms during a work

activity as described in sub - paragraph-(1) of paragraph 3 ;

(g)

“mechanical vibration” means vibration occurring in a piece of machinery or equipment or in a vehicle as a

result of its operation; and

(h) “whole-body vibration” means mechanical vibration which is transmitted into the body, when seated or standing,

through the supporting surface, during a work activity or as described in sub - paragraph-(2) of paragraph 3.

3. Exposure limit values and action values.-(1) For hand-arm Vibration.-

(a) the daily exposure limit value is 5 m/s 2A(8);

(b) the daily exposure action value is 2.5 m/s² A(8), and daily exposure shall be ascertained on the basis set out

in the relevant National/International Standards speciﬁ ed in table 1 below.

(2) For whole body vibration.-

(a)

the daily exposure limit value is1.15 m/s² A(8);

(b)

the daily exposure action value is 0.5 m/s² A(8),and daily exposure shall be ascertained on the basis set out

in the relevant National / International Standards.

June 13, 2018]

TAMIL NADU GOVERNMENT GAZETTE

TABLE -1

The Threshold Limit Values (TLVs) for exposure of the hand to vibration in X,Y, or Z direction of axes in the three

dimensional system shall be as given below:

Total Daily Exposure Duration (hours).

Maximum value of frequency weighted

acceleration (m/s²) in any direction.

4 to less than 8 hours

2 to less than 4 hours

1 to less than 2 hours

less than 1 hour

(3)

Assessment of vibration exposure shall be made for each applicable direction (X, Y, Z) since vibration is a vector

quantity (magnitude and direction). In each direction, the magnitude of the vibration during normal operation

of the power tool, machine or work piece should be expressed by the root-mean-square (RMS) value of the

frequency - weighted component acceleration, in units of meter per second squared (m/s²).

4. Assessment of risk to health due to vibration at the work Place.- (1) An occupier who carries out work which

is liable expose any worker from vibration to shall make a suitable and sufﬁ cient assessment of the risk created

by that work to the health and safety of those and the risk assessment shall identify the control measures that

need to be taken.

(2)

The risk assessment should be reviewed whenever it is felt the changes in the process makes the earlier risk

assessment no longer valid.

5. Engineering Control measures.-(1) The occupier shall ensure that risk from the exposure of workers to vibration is

either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably

practicable.

(2)

Where it is not reasonably practicable to eliminate risk at source pursuant to sub - paragraph 1 and an

exposure action value is likely to be reached or exceeded, the employer shall reduce exposure to as low

a level as is reasonably practicable by establishing and implementing a programme of engineering control

measures which are appropriate to this type of activity.

(3)

The occupier shall ensure that the workers are provided with the following measures:-

(a) work equipment of appropriate ergonomic design which, taking account of the work to be done, produces

the least possible vibration;

(b) the provision of auxiliary equipment which reduces the risk of injuries caused by vibration; and install

appropriate maintenance programmes for work equipment, the workplace and workplace systems;

(4) Subject to above sub -paragraphs, the employer shall ensure that his employees are not exposed to vibration

above an exposure limit value; and shall take necessary to identify the reasons for the limit being exceeded

and take appropriate steps to reduce the exposure to vibration to below limit value.

Provided that where the exposure of an employees to vibration is usually below the exposure action value but

varies markedly from time to time and may occasionally exceed the exposure limit value.

Provided further that any exposure to vibration averaged over one week is less than the exposure limit value

and there is evidence to show that the risk from the actual pattern of exposure is less than the corresponding

risk from constant exposure at the exposure limit value; and that the risk is reduced to as low a level as is

reasonably practicable, taking into-account the special circumstances.

6. Medical Examination.- (1) The occupier shall ensure that the workers who are likely to be exposed to vibration at

above exposure action value are subjected to periodical medical examination once in a year. The medical examination shall

include general and physical examination as well as special test for Reynaud’s phenomenon.

(2) The health record of workers shall be maintained by the occupier for a period of ﬁ ve years from the date of

last test and produce to the Inspector of Factories on demand.

(3) If at any time the certifying Surgeon/ Factory Medical Inspector is of the opinion that the worker is no longer

ﬁ t to work in the said process on the ground that continuance daring would involve danger to the health of the worker he

shall make a record of his ﬁ ndings in the said certiﬁ cate and the health register. The entry of his ﬁ ndings in those documents

should also include the period for which he considers that the said person is unﬁ t for work in the said processes. The person

declared unﬁ t in such circumstances shall be provided with alternate placement facility unless he is fully incapacitated in the

opinion of the Certifying Surgeon in which case the person affected shall be suitably rehabilitated.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

Personal Protective equipment.- (1) The occupier shall ensure that the workers who are likely to

be exposed to high level of vibration are provided with appropriate Personal Protective Equipment (PPE) and

protective clothing conﬁ rming to national or international standards. Such Personal Protective Equipment shouid include hand

gloves arid safety shoes. The protective clothing shall be able to protect the workers from cold and dump.

2) The Occupier shall ensure that workers are given periodical training in the use care and maintenance of the

Personal Protective Equipment.

8. Administrative Control Measures.- (1) The occupier shall ensure that as far as reasonably practicable as all necessary

control measures are taken to ensure that the unwanted vibrations do not affect the health of the workers employed in the

process to which this part of schedule apply.

(2) The occupier shall provide all workers with information, instruction and training to be adopted to limit the exposure

limit values and action values as set out in paragraph -3.

(3) Without prejudice to the generality of sub-paragraph 2 above, the information, instruction and training provided

under that the said sub - paragraph shall include.-

(a) the exposure limit values and action values set out in paragraph 3;

(b) safe working practices to minimise exposure to vibration;

correctly and safety, in order to minimise their exposure to vibration;

(d) limitation of the duration and magnitude of exposure to vibration;

(e) appropriate work schedules with adequate rest periods; and

(f) The information, instruction and training required by sub - paragraph (2) shall be updated to take account

er signiﬁ cant changes in the type of work carried out or the working methods used by the employer.

(4) The Occupier shall display pictorial cautionary notices/warning signs at conspicuous places where there are

possibilities of workers being exposed to undesired high vibrations.

9. Prohibition in employment of women, young persons and persons with disabilities.- No women or young person

or persons with disabilities shall be employed in the process covered by this part of the schedule.

10. Exemptions.- If, in respect of any factory, the Chief Inspector is satisﬁ ed that owing to any exceptional circumstances,

or infrequency of the processes or for any other reason, application of all or any of the provisions of this schedule is not

necessary for protection of the persons employed in such factory, he may, by an order in writing exempt such factory from

all or any of the provisions on such conditions and for such period as he may specify in the said matter.

MANGAT RAM SHARMA,

Principal Secretary to Government.

LATE NOTIFICATIONS:

NOTIFICATIONS BY GOVERNMENT

AGRICULTURE DEPARTMENT

Amendments to the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules.

[G.O.Ms.No. 144, Agriculture (AM.3), 6th June 2018, ¬õè£C 23, M÷‹H, F¼õœÀõ˜ Ý‡´-2049.]

No. SRO A-34/2018.

In exercise of the powers conferred by Section 52 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act,

1987 (Tamil Nadu Act 27 of 1989), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu

Agricultural Produce Marketing (Regulation) Rules, 1991.

The amendments hereby made shall come into force on the 6th day of June 2018.

AMENDMENTS

In the said Rules,-

(1) in rule 92, for the sub-rule (1) the following sub-rule shall be substituted, namely:-

June 13, 2018]

TAMIL NADU GOVERNMENT GAZETTE

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

"(1) No immovable property of the value mentioned in column (2) of the Table below shall be acquired or

purchased by the market committee or Board, as the case may be, unless the prior approval of the authority mentioned in

column (1) thereof is obtained:-

TABLE.

Authority

Value of property

(1)

(2)

(i) Director.

I f t h e v a l u e e x c e e d s

Rs.5,00,000 (Rupees ﬁ ve lakh

only), but does not exceed

Rs.50,00,000 (Rupees fifty

lakh only).

(ii) Government.

I f t h e v a l u e e x c e e d s

Rs.50,00,000 (Rupees fifty

lakh only).

(2) for rule 96, the following rule shall be substituted, namely:-

"96. Administrative approval for work.- After complying with the requirements of rules 93 and 94, the administrative

approval of the authorities speciﬁ ed in column (1) of the Table below shall be obtained in respect of work, the cost of which

is speciﬁ ed in the corresponding entries in column (2), thereof.

TABLE.

Authority.

Cost of Work.

(1)

(2)

(i) Market Committee.

Upto Rupees Five Lakh.

(ii) Director of Agricultural Marketing

Exceeding Rupees Five

lakh, but not exceeding

Rupees ﬁ fty lakh

(iii) Government.

Exceeding Rupees ﬁ fty lakh.

GAGANDEEP SINGH BEDI,

Agricultural Production Commissioner,

and Principal Secretary to Government.