Ex-III 1(a)-(216)

[ 1 ]

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 96.00 Paise.

No. 216]

CHENNAI, MONDAY, APRIL 11, 2022

Panguni 28, Pilava, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

LABOUR WELFARE AND SKILL DEVELOPMENT DEPARTMENT

OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS (TAMIL NADU) RULES, 2022

[G.O. Ms. No. 38, Labour Welfare and Skill Development (H2), 11th April 2022,

2053.]

No. SRO A-8(c)/2022.

The following draft rules, which the Government of Tamil Nadu proposed to make in the exercise of powers conferred by,

sections 133 and 135 of the Occupational Safety, Health and Working Conditions Code, 2020 (Central Act 37 of 2020) read

with section 23 of the General Clauses Act, 1897 (Central Act X of 1897) and in supersession of-

1. The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975;

2. The Tamil Nadu Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983;

3. The Tamil Nadu Beedi and Cigar Workers (Conditions of Employment) Rules, 1968;

4. The Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules,

2006;

5. The Tamil Nadu Factories Rules, 1950;

6. The Tamil Nadu Safety Oﬃ cers (Duties, Qualiﬁ cations and Conditions of Service) Rules, 2005;

7. The Tamil Nadu Factories (Welfare Oﬃ cers) Rules, 1953;

8. The Tamil Nadu Control of Industrial Major Accident Hazards Rules, 1994;

9. The Tamil Nadu Plantations Labour Rules, 1955; and

10. The Tamil Nadu Motor Transport Workers Rules, 1965;

except as respects things done or omitted to be done before such supersession, are hereby notiﬁ ed as required by sub-

section (1) of said section 133 and sub-section (1) of section 135 of the said Code, for information of all persons likely to be

aﬀ ected thereby and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period

of 45 days from the date on which the copies of the Tamil Nadu Government Gazette in which this Notiﬁ cation is published are

made available to the public;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Objection or suggestion, if any, may be addressed to the Secretary to Government, Labour Welfare and Skill Development

Department, Government of Tamil Nadu through the Director of Industrial Safety and Health, Guindy, Chennai 32. (e-mail id: cif@

tn.gov.in). The objection or suggestion should be sent in a proforma containing columns, (i) specifying the name and address

of the persons and organisations (ii) specifying the rule or sub-rule which is proposed to be modiﬁ ed and (iii) specifying the

revised rule or sub-rule proposed to be substituted and the reasons therefor;

Objections and suggestions, which may be received from any person or organisation with respect to the said draft rules

before expiry of the period of 45 days, speciﬁ ed above, will be considered by the Government of Tamil Nadu.

OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS (TAMIL NADU) RULES, 2022.

DRAFT RULES.

CHAPTER I.

PRELIMINARY.

1. Short title, extent and commencement.-(1) These rules may be called the Occupational Safety, Health and Working

Conditions (Tamil Nadu) Rules, 2022.

(2) They extend to the whole of the State of Tamil Nadu.

(3) They shall come into force on the date of their ﬁ nal publication in the Tamil Nadu Government Gazette.

2. Deﬁ nitions.-(1) In these rules, unless the context otherwise requires,-

(a) “Board” means Tamil Nadu State Occupational Safety and Health Advisory Board constituted by the

Government under sub-section (1) of section 17;

(b) “Code” means the Occupational Safety, Health and Working Conditions Code, 2020 (Central Act 37 of 2020);

through any mode for the purposes of the Code;

(d) “Form” means a form annexedto these rules;

(e) “Government” means the Government of Tamil Nadu;

(f) “Inspector-cum-Facilitator” means a person appointed by the Government by notiﬁ cation under sub-section (1) of

section 34;

(g) “Licensing Authority” means authority appointed by the Government by notiﬁ cation under the sub-section (1) of

section 119;

(h) “hazardous substance” means any chemicals and substances as speciﬁ ed in column (2) along with the quantity

mentioned in column (3) of Schedule II and Schedule III undertheManufacture,StorageandImportofHazardous

CemicalRules,1989, as amended from time to time;

(i) “member” means a member of the Board and includes its Chairperson;

(j) “power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated

by human or animal agency;

(k) “qualiﬁ ed person” means a person designated by the occupier, who by his experience and knowledge of necessary

precautions against risks of danger or hazard, is ﬁ t to undertake such work;

(l) “Registering officer” means the registering officer appointed by the Government under sub-section (1) of

section 3;

(m) “Schedule” means the Schedule to these rules;

(n) “section” means the section of the Code;

(o) “Standard Safe Operating Practices” means the practice followed for the safety and health of workers and safe

operation of machinery, process and equipment used in such practices and such practices conform to all or any

of the following, namely:-

(i)

relevant standards approved by the Bureau of Indian Standards or International Standards;

(ii)

National Building Code;

(iii) manufacturer’s instruction on safe use of equipment and machinery;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(iv) code of practice on safety and health practices published by the International Labour Organisation and

amended from time to time.

(2) The words and expressions used in these rules and are not deﬁ ned therein, but are in the Code, shall have respectively

meaning assigned to them in the Code.

CHAPTER II.

Registration.

3. Application for registration under section 3.- (1) No establishment shall function without a valid certiﬁ cate of registration.

(2) (i) The employer seeking registration for an establishment not already registered under any other labour law shall apply

in FORM I to the Registering oﬃ cer appointed by the Government under sub-section (1) of section 3 of the Code, within sixty

days from the date of such applicability of the Code along with the fee prescribed in this rule:-

(a) in case of factory or building and other construction works, electronically through the Online Portal of the Directorate

of Industrial Safety and Health;

(b) in case of establishments other than factory or building and other construction works, electronically through the

Online Portal of Labour Welfare Department,

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 speciﬁ ed in the FORM I. The Form shall be signed digitally or electronically or in any other

manner as may be required on the portal. The applicant shall be responsible for veracity of all informations submitted in the

application.

(ii) The fees to be paid for the grant of a Registration Certiﬁ cate shall be as speciﬁ ed in the Table below, namely:-

THE TABLE.

Serial No.

(1)

Number of workers

(2)

Fees in

rupees

(3)

(1)

Upto 9 workers

200

(2)

10 to 49 workers

500

(3)

50 to 100 workers

1000

(4)

101 to 250 workers

2000

(5)

251 to 500 workers

3000

(6)

501 to 1000 workers

5000

(7)

1001 to 5000 workers

10000

(8)

5001 and above

20000

(iii) If the application for registration is submitted after expiry of the prescribed period speciﬁ ed in clause (i), the

application may be entertained only on payment of the late fee speciﬁ ed below in addition to the fee payable under clause (i).

Serial

No.

Period

Late fee

(1)

If the Registration application submitted

within a period of 3 months after expiry

of the prescribed time mentioned in

clause(i)

25% of fee

payable under

clause (ii) of

this sub-rule

(2)

If the Registration application submitted

after expiry of 3 months but within

6 months of the prescribed time

mentioned in clause(i)

50% of fee

payable under

clause (ii) of

this

sub-rule

(3)

If the Registration application submitted

after expiry of 6 months of the

prescribed time mentioned in clause(i)

100% of fee

payable under

clause (ii) of

this

sub-rule

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The Permanent Account Number (PAN) of the applicant or the establishment allotted under Income Tax Act, 1961 (Central

Act 43 of 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 veriﬁ ed online.

4. Appeal under section 4.- (1) The employer aggrieved by the order of the registering oﬃ cer issued under section 3,

may appeal against such order before the appellate oﬃ cer appointed by the Government for such purpose within thirty days

from the date of receipt by him of such order, electronically.

(2) Where the memorandum of appeal is in order, the appellate oﬃ cer 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 oﬃ cer shall send the notice of the appeal to the registering oﬃ cer,

against whose order the appeal has been preferred and the registering oﬃ cer shall thereupon send the records of the case to

the appellate oﬃ cer online electronically.

(4) On receipt of the appeal, the appellate oﬃ cer shall send a notice electronically or by registered post to the appellant to

appear before him on such date and time as may be speciﬁ ed in the notice for the hearing of the appeal.

(5) If on the date ﬁ xed for hearing, the appellant does not appear, the appellate oﬃ cer may dismiss the appeal for default

of appearance of the appellant by sending the copy of the order to the applicant electronically.

(6) Where an appeal has been dismissed, the appellant may apply electronically to the appellate oﬃ cer for the restoration

of the appeal within thirty days from the date of receipt of the order and if the appellate oﬃ cer is satisﬁ ed that the appellant

was prevented by suﬃ cient cause from appearing, the appellate oﬃ cer shall restore the appeal.

(7) The order of the Appellate Oﬃ cer shall be communicated electronically or by registered post to the appellant and copy

thereof shall be sent to the registering oﬃ cer 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.

5. Notice of commencement and cessation of operation under section 5.- The employer of every establishment

being factory, building or other construction work or relating to contract labour, shall within thirty days of the commencement or

cessation of operation, submit to the Registering Oﬃ cer in FORM II, electronically and the notice of cessation of operation shall

be enclosed with a certiﬁ cate 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.

6. Annual Health Examination of employees under clause (c) of sub-section (1) of section 6.-Every employer, shall

arrange to conduct free of cost, medical examination for every worker annually, that is within 120 days from the commencement

of the every calendar year who has completed 45 years of age. The medical examination shall be conducted by a qualiﬁ ed

medical practitioner as per proforma in the FORM III.

7. Letter of appointment to employee under clause (f) of sub-section (1) of section 6.- No employee shall be employed

in any establishment unless he has been issued a letter of appointment in the format hereunder:-

Format.

(1)

Name of employee:

(2)

Father‘s name:

(3)

Aadhar number of employee:

(4)

Labour Identiﬁ cation Number (LIN) of the establishment:

(5)

Universal Account Number (UAN)/Insurance Number (ESIC) of employee (if available):

(6)

Registration number of the establishment (DISH/COL):

(7)

Name and address of the establishment:

(8)

Designation:

(9)

Category of skill:

(10)

Date of joining (if already joined):

(11)

Wages, Basic Pay & Dearness Allowance:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(12)

Other allowances including accommodation whichever is/are applicable:

(13)

Avenue for achieving higher wages/higher position:

(14)

Applicability of social security Employees’ Provident Fund Organisation and Employees’ State Insurance Scheme

beneﬁ ts (if applicable):

(15)

Registration number issued by the Tamil Nadu Construction Workers Welfare Board:

(16)

Registration number issued by the Tamil Nadu Labour Welfare Board:

(17)

Health check-up details:

(18)

Broad Nature of duties to be performed:

(19)

Any other information:

Signature

Occupier/employer/owner/agent/manager

8. Notice of accidents and dangerous occurrences under sub-section (1) of section 10 and section 11.- (1) Where at

any place in an establishment, an accident occurs which results in the death of any person, the employer of the establishment

shall forthwith inform by telephone or special messenger or electronically to the Inspector-cum-Facilitator, Chief Inspector-cum-

Facilitator, District Collector or Sub-Collector / Revenue Divisional Oﬃ cer, the Oﬃ cer-in-charge of the nearest police station

and the family members or kin of the deceased person and shall forthwith send a notice thereof in FORM IV electronically or

through special messenger within 12 hours of the occurrence of the accident.

(2) Where at any place in an establishment, 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 employer of

the establishment shall forthwith send a notice in FORM IV within twenty four hours after the completion of forty eight hours,

electronically or through special messenger or through post to the Inspector-cum-Facilitator.

(3) Wherein an establishment there is any dangerous occurrence as speciﬁ ed in the list annexed hereto, whether causing

any bodily injury or disability or not, a notice in FORM IV shall within twelve hours be sent to:

(a) The Inspector-cum-Facilitator;

(b) District Collector or Sub-Collector / Revenue Divisional Oﬃ cer:

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 to the authorities and persons mentioned

in sub-rules (1) and (2) and also have this information conﬁ rmed 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 ﬁ tness certiﬁ cate issued by a qualiﬁ ed 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 in the prescribed FORM V and follow it up as necessary with further

reports in the same FORM V once every fortnight thereafter, until the ﬁ nal 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 in FORM V and report the same to the Inspector-cum-Facilitator.

LIST OF DANGEROUS OCCURRENCES

The following classes of dangerous occurrences, whether or not they are attended by personal injury or disablement,

namely:-

(i) Bursting, of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at

a pressure greater than the atmospheric pressure;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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) Fire, Explosion, leakage or release of harmful toxic gases, bursting out, leakage or escape of any molten metal,

or hot liquid or gas and implosion;

(iv) Explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any

gas or gases (including air) or any liquid or solid resulting from the compression of gas;

(v) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building

or construction material or breakage or failure of rope, chain or loose gears; overturning of cranes used in building or other

construction work; falling of objects from height;

(vi) collapse of any wall, ﬂ oor, gallery, roof bridge, tunnel, chimney, wall, building or subsidence of soil or any other

structure, platform, staging, scaﬀ olding or any means of access including formwork; contact work, excavation and collapse of

transmission;

(vii) Spillage or leakage of hazardous substances and damage to their container; collapse, capsizing, toppling or

collision of transport equipment within the establishment;

(viii) fall from height of any excavation, loading or transport machinery;

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

(x) a rock-burst in working belowground; a premature collapse of any part of the working;

(xi) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons

may be endangered;

(xii) a slide causing injury to any person, damage to any machinery, or interruption of normal mining operations;

(xiii) failure of dump or side in opencast working; a blowout;

(xiv) a failure of any structure or installation whereby the safety of persons may be endangered; or spark generated

due to electrical ﬂ ash-over causing burn injury to any person;

(xv) a major uncontrolled emission of petroleum or chemical spillage;

(xvi) Excessive radioactive emission.

9. Notice of disease under sub-section (1) and (2) of section 12.- (1) A notice in the following format shall be sent forthwith

electronically or through special messenger or through post, to the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator, by the

employer of an establishment in which there occurs any disease as notiﬁ ed under the Third Schedule of the Code.

NOTICE OF DISEASE

1. Name, address and registration number of establishment:

2. Nature of establishment:

3. Details of Patient:

a. Name of Patient:

b. Universal Account Number (UAN) / Insurance Number (ESIC) of Patient (if available):

c. Address of Patient:

d. Precise occupation of Patient:

4. Nature of disease from which the patient is suﬀ ering:

5. Date of Detection of disease:

6. Details of Medical Practitioner:

7. Has the case been reported to the Medical Oﬃ cer:

Date:

Signature of employer or occupier or manager

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) If any qualiﬁ ed medical practitioner attends on a person who is or has been employed in an establishment and who is

or is believed by the qualiﬁ ed medical practitioner to be suﬀ ering from any disease speciﬁ ed in the Third Schedule to the Code,

the qualiﬁ ed medical practitioner shall send a report in writing within 48 hours to the oﬃ ce of the Chief 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 suﬀ ering; and

(iii) the name, address and registration number of the establishment in which the patient is or was last employed.

10. Duties of employee under clauses (d) and (g) of section 13.- If an employee comes to know that of any unsafe or

unhealthy condition in the establishment, he shall report to the employer, supervisor or safety oﬃ cer and Inspector-cum-Facilitator,

as soon as practicable, electronically or in writing or telephonically.

11. Rights of Employee 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 satisﬁ ed or not, shall send a report forthwith of such actions taken, to the Inspector-cum-Facilitator

electronically or by registered post or speed post within forty eight hours of receipt of information.

CHAPTER IV.

Occupational Safety and Health.

12. Constitution of Tamil Nadu State Occupational Safety and Health Advisory Board under sub-sections (1) and

(2) of section 17.-

(1) The members of the Board will be as follows:-

(i) The Secretary to Government, Labour Welfare and Skill Development Department, Government of Tamil Nadu

-Chairperson ex-oﬃ cio;

(ii) The Director of Industrial safety and health, Government of Tamil Nadu - member Secretary ex-oﬃ cio;

(iii) The Commissioner of Labour, Government of Tamil Nadu- member ex-oﬃ cio;

(iv) The Chairman, Tamil Nadu Pollution Control Board or his representative - member ex-oﬃ cio;

(v) Regional Director - Employees’ State Insurance Corporation, Chennai - member ex-oﬃ cio;

(vi) Director of Medical Services, Government of Tamil Nadu or his representative - member ex-oﬃ cio;

(vii) ﬁ ve representatives of employers to be nominated by the Government- members;

(viii) ﬁ ve representatives of employees to be nominated by the Government - members;

(ix) ﬁ ve eminent persons connected with the ﬁ eld of Occupational Safety and Health, or representatives from reputed

institutions / organisations of similar discipline to be nominated by the Government - members;

(x) The Chairperson of the Board may invite persons as special invitees for seeking inputs on speciﬁ c matters -

members;

(2) The Board shall meet to discharge the functions as speciﬁ ed in sub-section(1) of section 17 of the Code.

(3) The term of oﬃ ce of the members referred to in clauses (vii) to (ix) of sub-rule (1) shall be of three years.

(4) Notwithstanding anything contained in this rule, members referred to in clauses (vii) to (ix) of sub-rule (1) will continue

to hold oﬃ ce during the pleasure of the Government.

(5) If a member changes his address, he shall notify his new address to the Member-Secretary of the Board who shall

thereupon enter his new address in the oﬃ cial records.

(6) When a vacancy occurs or is likely to occur on completion of the term of the member in the membership of the Board

or resignation of a member or due to removal, the Member Secretary shall submit a report to the Government to nominate a

person to ﬁ ll the vacancy.

(7) (i) The Board shall meet at such places and at such times as may be decided by the Chairperson and it shall meet

at least once in six months.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) Ordinarily two week notice shall be given to the members of the Board of a proposed meeting. Notice together with

a list of business proposed to be transacted approved by the Chairperson shall be sent to every member of the State Board,

through e-mail or registered post or speed post or by special messenger.

(iii) In case when the Chairperson calls an emergency meeting of the Board for considering any matter which is urgent,

a notice with such reasonable time shall be sent to every member through e-mail or by registered post or speed post or special

messenger.

(iv) No business other than for which the meeting of the Board has been convened shall be transacted at the meeting

except with the permission of the Chairperson.

(8) No business shall be transacted at any meeting of the Board unless at least seven members are present in that meeting

which shall include at least one non-oﬃ cial member:

Provided that if at a meeting, less than seven members are present, the Chairperson may adjourn the meeting to another

date informing the members present and giving notice to the other members that he proposes to dispose of the business at

the adjourned meeting whether there is prescribed quorum or not, and it shall there upon be lawful for him to dispose of the

business at the adjourned meeting irrespective of the number of members attending.

(9) Every matter which the Board is required to take into consideration shall be considered at a meeting of the Board, or

if the Chairperson so directs, by sending the necessary papers to every member for opinion, and the matter shall be disposed

of in accordance with that decision of the majority:

Provided that where there is no opinion of majority on a matter and the members of the Board are equally divided, the

Chairperson shall have a second or a casting vote.

(10) (i) The minutes of each meeting showing inter-alia the names of the member present there, shall be forwarded to each

member of the Board and to the Government as soon as possible and in any case not later than four weeks after the meeting.

(ii) The minutes of each meeting of the Board shall be signed by the Chairperson.

(iii) The minutes of the meeting shall be conﬁ rmed, with such modiﬁ cation if any, at the next meeting.

(iv) The minutes of a meeting of the Board shall be kept in separate Book.

(11) The Member Secretary shall, with the approval of the Chairperson, issue notice to convene meetings of the Board and

keep record of minutes and shall take necessary steps for carrying out the decision of the Board.

13. Resignation.-(1) A member of the Board, not being an ex-oﬃ cio member, may resign by a letter in writing addressed

to the Government.

(2) The seat of such a member shall fall vacant from the date on which his resignation is acceptedby the Government

or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.

14. Cessation of membership.-(1) If any member of the Board, not being an ex-oﬃ cio member, fails to attend three

consecutive meetings of the Board, without obtaining the leave sanctioned by the Chairperson of the Board for such absence,

he shall cease to be a member of the Board:

Provided that the Chairperson may, if it is satisﬁ ed that such member was prevented by suﬃ cient 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.

(2) A member nominated shall cease to be a member of the Board if he ceases to represent the category of interest from

which he was so nominated.

15. Disqualiﬁ cation for membership.-A person shall be disqualiﬁ ed for being a member of the Board-

(i) if he is of unsound mind and stands so declared by a competent authority;

(ii) if he is an un-discharged insolvent; or

(iii) if he has been convicted for an oﬀ ence, having a penalty of imprisonment of three months or more.

16. 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 the Board.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

17. Travelling Allowances of Members.- (1) The travelling allowance of an oﬃ cial member of the Board shall be governed

by the rules applicable to him for journey performed by him on oﬃ cial duties and shall be paid by the authority paying his salary

as approved by the Board.

(2) The Board shall be treated as a ﬁ rst class committee and members of the Board other than the oﬃ cial members

shall be paid travelling allowance and daily allowance at such rates admissible to the non-oﬃ cial members of the ﬁ rst class

committee.

18. Safety Committee under section 22.- (1) In every establishment,-

(i) wherein two hundred and ﬁ fty workers or more are ordinarily employed; or

(ii) which carries on any hazardous process as deﬁ ned in clause (za) of section 2 or carries operation declared to

be dangerous under the Code and employs ﬁ fty or more workers; or

(iii) which handles an hazardous substance as deﬁ ned in clause (h) of rule 2 and employs ﬁ fty or more workers;

shall constitute a safety committee consisting of representatives of employers and workers.

(2)The tenure of the safety committee shall be two years. The safety committee shall meet at least once in every

quarter.

(3) The employer shall, within a period of ﬁ fteen days from the date of receipt of the recommendations of the Safety

Committee shall take action to implement the recommendations.

19. Composition of Safety Committee.-(1)The representatives of the management on Safety Committee, shall consist of,-

(i) A senior oﬃ cial, who by his position in the organisation can contribute eﬀ ectively to the functioning of the Committee,

shall be the Chairman;

(ii) A Safety Oﬃ cer 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 management,

as elected by the workers:

Provided that there shall be adequate representation of the women workers in the committee.

(3) The minutes of the meeting of the Safety Committee shall be recorded and produced to the Inspector-cum-Facilitator

on demand.

(4) 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 workplace;

(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.

(5) 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 practicable 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

20. Safety Oﬃ cer for Factory and Building and Other Construction Works.-(1) A person shall not be eligible for

appointment as a safety oﬃ cer relating to factory or building or other construction work unless he possesses–

(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 ﬁ ve 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 ﬁ ve 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 oﬃ cer 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 has had experience of not less than

ﬁ ve 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 has had experience of not less than

ﬁ ve years, full time, on training, education, consultancy, or research in the ﬁ eld of accident prevention in industry or in any

institution, shall also be eligible for appointment as a safety oﬃ cer.

21. Recruitment of Safety oﬃ cer.-(1) The post of Safety Oﬃ cer to be ﬁ lled in any factory or building and other construction

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 Tamil and other in English:

Provided that the vacancies in the post of Safety Oﬃ cers in the Government establishments, Quasi-government

establishments and Public undertakings shall be ﬁ lled up based on the concerned establishment’s recruitment policy:

Provided further that the oﬃ cers from the Directorate of Industrial Safety and Health, Government, may be posted as

safety oﬃ cers on deputation basis in which the procedures laid down in sub-rule (1) need not be followed:

Provided also that when the post is proposed to be ﬁ lled by transfer or promotion from among the members of staﬀ

in the establishment or group of establishments belonging to the same employer, the Government Public Sector Undertaking or

Government Establishment or Quasi Government Establishment, the vacancy shall be widely published among the prospective

staﬀ by suitable methods.

(2) Selection for appointment to the post of Safety Oﬃ cer 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 Oﬃ cer, when made, shall be notiﬁ ed by the employer of the establishment to the Chief

Inspector-cum-Facilitator, giving full details about the qualiﬁ cations, age, pay and allowances, previous experience and other

relevant particulars of the oﬃ cer appointed and the terms and conditions of the service applicable to him.

22.Filling up of the vacancy of the post of Safety Oﬃ cer.- Every vacancy in the post of Safety Oﬃ cer caused by death,

dismissal or discharge of the person holding such post or by any other cause, shall be forthwith notiﬁ ed by the Employer to the

Chief Inspector-cum-Facilitator and shall be ﬁ lled up within three months of the occurrence of such vacancy.

23. Number of safety oﬃ cers and conditions of service.- (1) The number of Safety Oﬃ cers shall be appointed in an

establishment as per the table below:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE TABLE.

Sl.

No.

Number of workers

ordinarily employed in an

Establishment

Number of Safety

Oﬃ cers to be

employed

Not exceeding 2000

1 (one)

Above 2000 but not

exceeding 5000

2 (Two)

Above 5000 but not

exceeding 8000

3 (Three)

Above 8000 but not

exceeding 10000

4 (Four)

Above 10000

5 (Five)

(2) When more than one Safety Oﬃ cers are appointed, any one among them shall be designated as the Chief Safety Oﬃ cer

and shall have the status higher than that of others. The Chief Safety Oﬃ cer shall be in overall charge of the safety functions,

as speciﬁ ed in rule 24 and other Safety Oﬃ cers shall work under his control.

(3) The Chief Safety Oﬃ cer or the Safety Oﬃ cer in the case of the establishments where only one Safety Oﬃ cer 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 Oﬃ cers shall be given appropriate status to enable

them to discharge their functions eﬀ ectively.

(4) The scale of pay and allowance to be granted to the Safety Oﬃ cers including the Chief Safety Oﬃ cer and the conditions

of their service shall be the same as those of the other oﬃ cers of corresponding status in the establishment.

(5) In the case of dismissal or discharge, the concerned Safety Oﬃ cer shall have the right to appeal to the Chief Inspector-

cum-Facilitator, whose decision thereon shall be ﬁ nal and binding upon the employer of the establishment.

(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 Oﬃ cer concerned.

24. Duties of Safety Oﬃ cer.-The duties of the Safety Oﬃ cers shall be to advise and assist the Establishment in the

fulﬁ llment 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 organising measures necessary for the eﬀ ective 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 eﬀ ectiveness 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 speciﬁ ed

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 develope and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedure ; and

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

25. Facilities to be provided to Safety Oﬃ cer.-An employer of the establishment shall provide each Safety Oﬃ cer with

adequate technical and secretarial staﬀ and other facilities, equipment and information as are necessary to enable him to

discharge his duties eﬀ ectively and eﬃ ciently.

26. Prohibition of performance of other duties.-No Safety Oﬃ cer shall be required or permitted to do any work which

is inconsistent with or detrimental to the performance of the duties prescribed in rule 24.

CHAPTER V.

Hours of Work and Annual Leave with Wages.

27.Daily and weekly working hours under clause (b) of sub-section (1) of section25.- (1) No worker shall be required

or allowed to work in an establishment for more than forty eight hours in any week.

(2) The period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for

more than twelve hours in a day.

(3) The periods of work of workers shall not exceed ﬁ ve hours continuously and that no worker shall work for more than

ﬁ ve hours continuously before he has had an interval for rest of at least half an hour.

28.Weekly day of rest under section26.- (1) For the purpose of section 26, there shall be posted up in a conspicuous

place at or near the entrance or published in the website of every establishment a notice in Tamil, English and the language

understood by majority of the workers 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.

(2) No adult worker shall be required or allowed to work in an establishment on the weekly day of rest (hereinafter referred

to as the said day), unless-

(i) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day;

and

(ii) the employer of the establishment has, before the said day or the substituted day under clause (i), whichever is

earlier,-

(a)

delivered a notice at the oﬃ ce of the Inspector-cum-Facilitator of his intention to require the worker to work

on the said day and of the day which is to be substituted; and

(b)

displayed a notice to that eﬀ ect in the establishment:

Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively

without a holiday for a whole day.

(3) Notices given under sub-rule (2) may be cancelled by a notice delivered at the oﬃ ce of the Inspector-cum-Facilitator

and a notice displayed in the establishment or published in the website of establishment not later than the day before the said

day or the holiday to be cancelled, whichever is earlier.

(4) Where, in accordance with the provisions of sub-rule (2), any worker works on the said day and has had a holiday

on one of the three days immediately before it, the said day shall, for the purpose of calculating his weekly hours of work, be

included in the preceding week.

29. Compensatory holidays.-(1) Where, a worker is deprived of any of the weekly holidays for which provision is made

under section 26, 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.

(2) The employer of the establishment shall display, on or before the end of the month in which holidays are lost, a notice

in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which

the notice of periods of work prescribed under section 31 is displayed. Any subsequent change in the notice in respect of any

compensatory holiday shall be made not less than three days in advance of the date of that holiday.

(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or

dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.

30. Extra Wages for overtime under section 27.- (1) In pursuance of section 27 of Code, wherein an establishment a

worker works for more than eight hours in any day or for more than forty-eight hours in any week, as the case may be, he shall

in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages and shall be paid at the

end of each wage period.

(2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and

in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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) Total number of hours of work in any day shall not exceed twelve and the spread over for the workers shall not exceed

fourteen hours in any one day under the following works and circumstances, 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 carried 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 ﬁ xed 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 an 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 pressure of work; and

(xii) engaged in any work, which is notiﬁ ed by the Central Government in the Oﬃ cial Gazette as a work of national

importance.

Provided that no worker shall be allowed to work overtime exceeding one hundred twenty ﬁ ve hours in any quarter

of a year.

31. Restriction of double employment under section 30.- An adult worker may be employed in more than one factory

on the same day with the previous approval of the Inspector-cum-Facilitator, subject to the following conditions:-

(1) He shall not be employed for more than eight hours in all on any one day;

(2) He shall receive a weekly holiday in accordance with the provisions of section 26;

(3) Every worker who is required to work in another factory on the same day shall carry with him a card in which the

following particulars shall be entered by the occupier of the ﬁ rst factory:-

(i) His normal periods of work as the notice of period of work, for the day.

(ii)

The period or periods he has worked in the ﬁ rst factory for the day.

(4) The occupier of the second factory in which he is to work for the rest of the day shall enter in the card the period or

periods he has worked for the day in his factory. The occupier of both the factories in which the worker has worked for the day

on the same day shall send to the Inspector-cum-Facilitator, an extract of the card mentioned above not later than three days

from the date on which the worker has so worked in the two factories on the same day.

32. Notice of periods of work under sub-section (2) of section 31.- The notice referred to insub-section (2) of section

31 shall be displayed at conspicuous places on a notice board or electronic board in Tamil, English and language understood

by the majority of the employees in FORM VI and copy of such notice shall be sent to Inspector-cum-Facilitator electronically

or by registered post.

CHAPTER VI.

Maintenance of Registers, Records and Returns.

33. Maintenance and production of reports registers and other records under section 33.-(1) Every employer shall

maintain register of workers, wages, overtime, ﬁ ne, deduction for damage or loss in FORM VII electronically or manually and

shall be kept available at an oﬃ ce or the nearest convenient building within the precincts of the establishment.

(2) The employer or the contractor, as the case may be, shall maintain a muster roll of all the persons employed by him

in the establishment in FORM VIII electronically or manually and entries shall be made at the commencement and completion

of each period of work. The employer shall make it readily available for inspection to the Inspector-cum-Facilitator at all times

during working hours.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) In case of manual registers and other records, entry shall be made with indelible ink in English or Tamil.

(4) All reports, registers and other records shall be preserved in original for a period of three calendar years after the date

of the last report or entry:

Provided that when the original record is lost or destroyed before the expiry of three years period, true copies thereof,

if available, shall be preserved for the prescribed period.

(5) All reports, registers and other records shall be produced, electronically or manually or by registered post, on demand

before the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or any person authorised in that behalf of the Government.

34. Display of notice board.-Every employer shall cause to display at the conspicuous place of the workplace or publish in

the website of the establishment under his control, notice showing the name, address and registration number of the establishment,

hours of work, wage period, date of payment of such wages, name, address and contact number of the Inspector-cum-Facilitator

having jurisdiction to such establishment and date of payment of unpaid wages to such workers in Tamil or English.

35. Return.-Every employer of an establishment shall electronically submit annually a return relating to such establishment

in FORM IX to the Inspector-cum-Facilitator having jurisdiction through the Online Portal of Directorate of Industrial Safety and

Health or Labour Department, as the case may be, so as to reach him not later than 31^stJanuary following the end of each

calendar year with a copy to Director General, Labour Bureau.

36. Register of accidents and dangerous occurrences.-The registers of accidents and dangerous occurrences required

by sub-clause (v) of clause (a) of section 33 of the Code shall be maintained electronically or manually in FORM X.

37. Register of leave with wages under clause (a) of section33.- (1) The employer of every establishment shall maintain

in respect of every worker thereof a record of leave with wages electronically or manually in FORM XI.

(2) The register mentioned in sub- rule (1) shall be preserved for a period of three 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 register.

CHAPTER VII.

Inspector-cum-Facilitator and other Authority.

38. Power to take samples of any articles or substances under clause (x) of sub-section (1) of section 35.- (1)

An Inspector-cum-Facilitator shall take samples or substances in an establishment after informing the employer / employer’s

representative of the establishment, taken in the manner hereinafter provided a suﬃ cient sample of any substance used or

intended to be used in the establishment, such use being–

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

thereunder, or

(ii) 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 eﬀ ectively 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

(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.

39. Powers and duties of 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 or any building or other construction work is in such a condition that it is dangerous to human life or safety or health, he

may serve on the occupier of the factory or employer of the building or other construction work, an order in writing specifying

the measures which in his opinion should be adopted and requiring them to be carried out before a speciﬁ ed date.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 or any building or other construction work involves imminent danger to human life or safety or

health, he may serve on the occupier of the factory or employer of the building or other construction work 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 improvement notice pointing

out the non-compliance of provisions of safety, health and working conditions under the Code, and rules and regulations framed

there under, to the employer of the establishment.

40. Appointment of Medical oﬃ cer under sub-section (1) of section 42.- The Medical Oﬃ cer shall be a medical practitioner

who possesses any recognised medical qualiﬁ cation as deﬁ ned in the National Medical Commission Act, 2019 (Central Act 30

of 2019) and who is enrolled on a Indian Medical Register as deﬁ ned in clause (e) and on a State Medical Register as deﬁ ned

in clause (l) of section 35, 36, 37 and 40 of the said Act.

41. Duties of Medical Oﬃ cer 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 Oﬃ cer 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 ﬁ tness certiﬁ cate and

deliver the same to the employer of the establishment concerned after retaining a copy thereof.

(2) The medical oﬃ cer may seek opinion of specialists like radiologist, dentist and orthopaedic surgeon as the case may be.

(3) Medical Oﬃ cer shall carry out such examination and furnish such report as the Director of Industrial Safety and Health

or Commissioner of Labour may direct-

(i) for examination and certiﬁ cation of workers in an establishment in such dangerous occupation or hazardous processes

as speciﬁ ed in the First Schedule to the Code;

(ii) 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;

(iii) 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;

(iv) 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 the Third Schedule of the Code; and

(v) to assess the age and issue ﬁ tness of adolescent for employment in an establishment or class of establishment.

CHAPTER VIII.

Special Provision relating to Employment of Women.

42. Employment of Women in establishment under section 43.- The following conditions shall be met for employment

of women before 6.00 a.m. and beyond 7.00 p.m in any day, namely:-

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

(2) No women shall be employed against the maternity beneﬁ t provisions laid down under the Social Security Code, 2020

(Central Act 36 of 2020);

(3) Adequate transportation facilities shall be provided to women employee to pick-up and drop such employee at her

residence;

(4) The workplace including passage towards conveniences or facilities concerning toilet, washrooms, drinking water,

entry and exit of women employee should be well-lit;

(5) The toilet, washroom and drinking facilities should be near the workplace where such women employees are employed;

(6) Sanitary napkins of adequate quantity conforming to relevant Indian Standards formulated by Bureau of Indian Standards

shall be provided and maintained in the women’s toilets for their use, and the same shall be replenished on daily basis;

(7) Disposable bins with lids shall be provided within the women’s toilets for the collection of the used sanitary napkins. The

used sanitary napkins shall be disposed oﬀ in a safe, hygienic and eco-friendly process by using suitable electrical incinerator;

(8) Provide safe, secure and healthy working condition such that no women employee is disadvantaged in connection

with her employment; and

(9) The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

(Central Act 14 of 2013), as applicable to the establishments, shall be complied with.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

43. 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 head cap, apron and suitable

overcoat 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.

CHAPTER IX.

Contract Labour.

44. Conditions of Licence under sub-section (3) of section 47.- (1) The contractor shall ensure that-

(i) the hours of work shall conform to section 25 of the Code.

(ii) the wages shall be paid in accordance with the Code on Wages, 2019 (Central Act 29 of 2019).

(2) The contractor shall intimate within ﬁ fteen days of the receipt of a contract work order about the details of the contract

work order and in the manner as under rule 51.

(3) (i) If contract worker of the contractor is working at the premises of the principalemployer then it shall be the responsibility

of the principal employer to maintain in his establishment health, safety and working conditions and to provide the welfare

facilities speciﬁ ed under sections 23 and 24 of the Code.

(ii) All other facilities and entitlements shall be provided by the contractor.

(4) In case, the contractor fails to make payment of minimum wages to the contract worker, then the authority notiﬁ ed

under sub-section (1) of section 45 of the Code on Wages, 2019 (Central Act 29 of 2019), who shall cause such payment to

be made to the contract workers.

45. Form and manner of application for common licence under sub-section (1) of section 48.-Every application by

a contractor for the grant of a common licence shall be made,-

(1) in case of factory or building and other construction works, electronically through the Online Portal of the Directorate

of Industrial Safety and Health;

(2) in case of establishments other than factory or building and other construction works, electronically through the Online

Portal of Labour Department,

in FORM XII to the licensing authority notiﬁ ed under sub-section (1) of section119 of the Code along with online payment of the

appropriate licence fee speciﬁ ed in rule 47.

46. Forms, terms and conditions of licence.-(1) Every licence granted shall be in FORM XIII.

(2) Every licence granted or renewed is subject to the following conditions, namely:—

(i) the licence shall be non-transferable;

(ii) the number of workers employed as contract labour by the contractor shall not, on any day, exceed the maximum

number speciﬁ ed in the licence;

(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall

be non-refundable;

(iv) the rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the

Code on Wages, 2019 (Central Act 29 of 2019) and where the rates have been ﬁ xed by agreement, settlement or award, not

less than the rates so ﬁ xed.

47. Procedure for issue of licence under sub-section (2) of section 48.- (1) Before a licence is issued, an amount

calculated at the rate of Rupees Five hundred for each of the workmen to be employed as contract labour, in respect of which

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

the application for licence has been made, shall be deposited as security deposit by the contractor for due performance of the

conditions of the licence and compliance with the provisions of the Code or the rules made there under.

(2) The amount of security deposit to be deposited under sub-rule (1) shall be paid through the Online Portal of Directorate

Of Industrial Safety and Health or Labour Department.

(3) Wherein the issued contract licence had expired, based on the request of the applicant in

FORM XII, the licensing oﬃ cer may adjust the security deposit in respect of his application for new licence.

(4) The fees to be paid for the grant of a licence shall be as speciﬁ ed in the table below, namely:-

TABLE.

Sl No.

(1)

Number of contract labour

(2)

Fees

(in rupees)

(3)

50 to 100

15000

101 to 250

20000

251 to 500

30000

501 to 1000

40000

1001 to 5000

50000

5001 and above

60000

48. Renewal of licence under section 48.- (1) Every contractor shall apply electronically to the appropriate licensing

authority for renewal of the licence in FORM XII.

(2) Every such application shall be submitted on the said portal under rule 47, at least thirty days prior to expiry of licence

period.

(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 47:

Provided that if the application for renewal is not received within the time speciﬁ ed in sub-rule (2), an additional fee

of twenty ﬁ ve per cent, shall be payable for such renewal.

(4) Licence issued under this rule shall be valid for a period of ﬁ ve consecutive calendar years commencing from the year

in which the licence is renewed.

49. Refund of security deposit.-(1) On expiry of the period of licence the contractor may, if he does not intend to have

his licence renewed further, make an application electronically to the licensing authority for the refund of the security deposited

by him along with copy of licence and notice of completion of work.

(2) If the Licensing Authority is satisﬁ ed that there is no breach of the conditions of licence or there is no order for the

forfeiture of security deposit or any portion thereof, he shall direct the refund of the security deposit to the applicant.

(3) If there is any order directing the forfeiture of any portion of contractor’s security deposit, the amount to be forfeited

shall be deducted from the security deposit, and balance, if any, shall be refunded to the contractor.

(4) Any application for refund shall, as far as possible, be disposed of within 30 days of the receipt of the application.

50. Responsibility of 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, 2019 (Central Act 29 of 2019) and where

the rates have been ﬁ xed by agreement, settlement or award, not less than the rates ﬁ xed.

(2) In case where the worker employed by the contractor perform 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 Inspector-cum-Facilitator whose decision shall be ﬁ nal.

(3) In other cases the wage rates, holidays, hours of work and conditions of service of the workers of the contractor shall

be such as speciﬁ ed under the Code and rules made thereunder.

(4) All contract labour shall be made member of Employees’ Provident Fund Organisation and Employees’ State Insurance

Scheme subject to applicability as under respective provisions of the Code on Social Security, 2020 (Central Act 36 of 2020).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) The contractor shall notify in FORM XII any change in the number of workers or conditions of work or any other

particulars already furnished to the Licensing Authority, electronically.

51. Intimation of work order and time limit for intimation under sub-section (1) of section 50.-(1) Every contractor

shall within ﬁ fteen days of the receipt of a contract work order shall 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 authorised representative.

(3) The intimation shall be sent electronically on the Online Portal of the Directorate of Industrial Safety and Health or

Labour Department as the case may be.

52. Manner of suspending or cancelling the Licence of contractor under sub-section (2) of section 50.-Whenever

it comes to the knowledge of the appropriate licensing authority that any contractor has not given intimation as required under

sub-section (1) of section 50, it may start the proceeding to cancel or suspend the licence following the procedure herein after

mentioned:-

(a) the licensing authority shall issue a show cause notice to the contractor, electronically or otherwise, to explain his conduct;

(b) the contractor shall reply to the notice given under clause (a) within the time limit speciﬁ ed in such notice; and

53.Amendment of licence under sub-section (2) of section 51.- Every contractor shall apply to the appropriate licensing

authority for the amendment of licence in FORM XII through the online portal of the Directorate of Industrial Safety and Health

or Labour Department as the case may be along with an additional fee payable as per the Table in sub-rule (4) of rule 47 and

an additional amount of security deposit at the rate of ﬁ ve hundred rupees for every additional workman employed as Contract

Labour.

54. Single Licence for Contractor in more than one establishment in the State.-(1) The contractor opting for a single

licence for supplying or engaging contract labour undertaking or executing the contract works under sub-sections (1) or sub-

section (2) of section 47,-

(i) in case of more than one factory or building and other construction works located in diﬀ erent locations in the State, shall

apply electronically on the Online Portal of the Directorate of Industrial Safety and Health;

(ii) in case of more than one establishments other than factory or building and other construction works located in diﬀ erent

locations in the State, shall apply electronically on the Online Portal of Labour Department,

in FORM XII to the licensing authority as notiﬁ ed by the Government under sub-section (1) of section 119 of the Code

along with the licence fees of each establishment involved therein.

(2) All the provisions of rules 44 to 53shall mutatis mutandis apply in case of the single licence granted under sub-rule (1).

55. Responsibility of Payment of wages under section 55.- (1) The contractor shall ﬁ x 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 only.

56. Making payment of wages from the security deposit amount 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 Chief Inspector-cum-Facilitator or

his representative or the competent oﬃ cer as may be notiﬁ ed by the Government 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. The contractor shall re-furnish the security deposit within a period

of ﬁ fteen days or else his licence will be liable to be suspended.

57. Experience Certiﬁ cate under section 56.- Every concerned contractor shall issue on demand, experience certiﬁ cate

in FORM XIV to the contract labour giving details of the period, work performed, experience gained in various ﬁ elds performed

by such contract labour.

58. Prohibition of employment of contract labour under sub-section (2) of section 57.-(1)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 in FORM

XV giving reasons along with supporting documents to the Secretary, Labour Welfare and Skill Development Department of

the Government.

(2) The Government shall refer the matter to the designated authority.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The designated authority shall examine and report to the Government within ﬁ fteen days from the date of receipt.

(4) The Government shall pass an order based on the report received from the authorities referred in sub-rule (2), within

ﬁ fteen days.

CHAPTER X.

Inter-State Migrant Worker.

59. Journey allowance to Inter-State Migrant Worker under section 61.-The employer shall pay to every inter-state

migrant worker employed in his establishment, in a year a lump sum amount of fare for to and from journey to his native place

from the place of his employment based on the following conditions, namely:-

(1)The minimum service of the worker entitled for journey allowance shall be one hundred and eighty days;

(2) The journey allowance shall be provided for minimum sleeper fare by train; and

(3) The employer shall pay a lump sum amount of one hundred rupees per family member per day for the period of

travel of the worker (if family is staying with him at the location of his workplace) for food during the journey.

60. Setting up of a Toll Free helpline number to the inter-state migrant worker under section 63.-A Toll-Free help-line

number shall be provided by the Government to address queries and grievances of the inter-state migrant workers.

61. Study of inter-state migrant workers under section 64.-The Government may identify the studies to be carried out

to promote safety, health and welfare of inter-state migrant workers.

CHAPTER XI.

Audio-Visual Workers.

62. Authority to whom the copy of the agreement for Audio- Visual worker shall be forwarded by the producer

under sub-section (3) of section 66.- The agreement for the audio-visual workers with the producer shall be registered with

the competent authority as may be notiﬁ ed by the Government. A copy of the agreement with respect to the employment of the

audio-visual worker shall, if such audio-visual worker is covered under the provision of any enactment for the time being in force

for providing the beneﬁ t of provident fund to him, also be forwarded by the producer of the audio-visual program electronically

on the designated portal of the Government, or by registered post, to the Joint Commissioner of Labour having jurisdiction.

63. Procedure for reference of disputes to a Conciliation Oﬃ cer or a Tribunal under sub-section (4) of section 66.-

The procedure for reference of disputes to a Conciliation Oﬃ cer or a Tribunal shall be in conformity with the Industrial Relations

Code, 2020 (Central Act 35 of 2020) and rules framed thereunder.

CHAPTER XII.

Beedi and Cigar Workers.

64. Application for grant of Licence under sub-section (2) of section 74.-(1) Every application under sub-section (2)

of section 74 for a Licence to use or allow to be used in any place or premises as an industrial premises for Beedi and Cigar

establishments shall be made electronically to the Licensing Authority as notiﬁ ed by the Government through Online Portal of

Labour Department in FORM XVI.

(2)The applicant shall ﬁ ll the application and upload the following documents namely:-

(a) Plans showing,-

(i) the site of such place or premises, the areas therein to be used for manufacturing processes and the immediate

surroundings of such place or premises, including adjacent buildings, structures, roads, drains and the like ; and

(ii) the plan, elevation and necessary cross-sections of the details relating to natural lighting, ventilation, means of

escape in case of ﬁ re, position of the plant and machinery, if any, used aisles and passage ways in or in relation to the various

buildings which are intended to be used for manufacturing processes ; and

(b) Appropriate fee for the licence as speciﬁ ed in sub-rule (1) of rule 68 should be paid online.

(3) Before granting a licence, the Licencing Authority shall also take into consideration whether the site of any industrial

premises is proposed to be altered or whether any industrial premises has been closed, by the applicant during the period of

twelve months immediately preceding the date of the application with a view to causing prejudice to the interests of the labour.

65. Form and terms and conditions of licence.-(1) A licence granted under this Chapter shall be in FORM XVII.

(2)The terms and conditions subject to which such licence may be granted or renewed shall be the following, namely:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) The manufacturing process shall be carried on only in that part of the premises speciﬁ ed in the licence;

(ii) The total number of employees employed in the premises shall not on any day, during the period of the licence,

exceed that speciﬁ ed in the licence;

(iii) No machinery or power which has not been speciﬁ ed in the licence shall be used in the manufacturing process

in the premises;

(iv) No industrial premises reconstructed or extended subsequent to the grant or renewal of the licence shall be used

as industrial premises except with the written permission of the Licensing Authority;

(v) The licence shall not be transferable from one employer to another except in the cases and in accordance with

the procedure speciﬁ ed in rule 69;

(vi) The fees paid shall not be refunded except in the cases speciﬁ ed in sub-rule (2) of rule 68;

(vii) The Licensing Authority shall, before granting the licence, satisfy himself that new branches were opened by

management by way only to expand business, and shall take into account the history of such management closing and opening

business in that area;

(viii) The Licensing Authority may, in addition to the foregoing terms and conditions, determine and specify in the

licence such other terms and conditions, in individual cases as it may deem necessary.

(ix) Licence issued under this rule shall be valid for a period of ﬁ ve consecutive calendar years commencing from

the year in which the licence is granted.

66. Renewal of licence.-(1) (i) Every application for the renewal of licence shall be in FORM XVII and apply electronically

on the Online Portal of Labour Department to the Licencing Authority as notiﬁ ed for renewal of the licence.

(ii) Every such application shall be submitted on the said portal atleast thirty days prior to expiry of licence period:

Provided that if the application for renewal is not received within the time speciﬁ ed in sub-rule (2), an additional fee

of 25% for renewal is sent within a period of one month from the date of expiry of licence, an additional fee of 50% for renewal

is sent after the expiry of one month but within two month of date of the expiry of the licence, and an additional fee of 100%

for renewal is sent after the expiry of two months and within three months from the date of expiry of licence in addition to the

fees prescribed under sub-rule(1) of rule 68for the renewal of the licence shall be payable for such renewal.

(2) Refusal to grant a licence in certain cases.-Subject to the provisions of section 74(4) of the Code, the concerned

Inspector-cum-Facilitator may refuse to grant a licence if he is satisﬁ ed-

(i) that an online application is not accompanied by the documents; or

(ii) that the conditions subject to suitability of the place or premises have not been complied with; or

(iii) if not having the suﬃ cient ﬁ nancial resources or ﬁ nancial capacity to meet the demands arising out of the provisions

of the laws for the time being in force relating to welfare of labour;

(iv) if benami of any other person.

67. Appeals under section 75.- (1) An appeal under section 75 of the Code shall be made electronically to the appellate

authority as notiﬁ ed by the Government within a period of thirty days from the date of receipt of the order sought to be appealed

against.

(2) The fees payable in respect of an appeal under section 75 of the Code shall be Rs.500/-

68. Fees.-(1) The fees to be paid for the grant or renewal of a licence under section 74 shall be as speciﬁ ed in the Table

below:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE TABLE.

Fees for Industrial

premises in which

power driven

machinery is used

(in Rupees)

Fees for Industrial premises in which power

driven machinery is not used

(in Rupees)

Serial

Number

workers

(a)

10 – 20

2,000

1,400

(b)

21-50

5,500

3,400

(c)

51-100

10,000

6,800

(d)

101-250

20,000

17,000

(e)

250 and

above

37,000

34,000

(2) (i) If the Licensing Authority refuses to grant or renew any licence under section 74, it shall order the refund of the

fees paid thereof.

(ii) If no industry or manufacturing process connected with the making of beedi or cigar is carried on in an industrial

premises at any time during the period of validity of the licence in respect thereof, the licence may within a period of three

months from the last date of the ﬁ nancial year for which the licence was granted or renewed, apply to the competent authority

for the refund of the fee paid by him for such Licence and the competent authority shall, after making such enquiry as he may

deem necessary and after satisfying himself about the correctness of the statements made in the application, order refund of

such fee.

(3) (i) A licence granted or renewed under the Code and these rules may be amended by the licensing authority on an

application from the licensee;

(ii) The application for the amendment of a licence shall be accompanied by.-

(a) A statement indicating the nature of the amendment required;

(b) A statement showing the change in particulars already furnished in FORM XVI under rule 64 which necessitate

the application for amendment;

hold good;

(d) the licence granted to be uploaded.

(iii) The amount that would have been payable if the licence had originally been issued in the amended form deducting

the fee originally paid for the licence.

(iv) An application for the amendment of the licence shall be dealt with by the Licensing Authority in the same manner

as an application for grant of a licence.

69. Procedure on death or insolvency of Licensee.-(1) If a licensee dies or becomes insolvent, the person carrying on

the business of such licensee shall apply through the online portal of the Labour Department for grant of licence in his own

name for the unexpired period of the original licence within thirty days from date of death or insolvency.

(2) The licensing authority shall, if approves it, enter the licence under his signature and endorsement to the eﬀ ect that the

licence has been granted to the applicant.

(3) An application for the licence under this rule shall be dealt with by the Licensing Authority in the same manner as an

application for the grant of a licence.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

70. Single Licence for more than one beedi and cigar establishment in Tamil Nadu.- (1) The beedi and cigar establishment

opting for a single licence under section 74, for engaging labour in more than one Beedi and cigar establishments located in

various locations in Tamil Nadu, shall apply electronically on the Online Portal of Labour Department, in FORM XVI to the

Licensing Authority as notiﬁ ed by the Government under sub- section (1) of section 119 of this Code along with the cumulative

licence fees of each establishment involved therein.

(2) All the provisions of rules 64to 69 shall apply mutatis mutandis in case of the single licence granted under sub-rule (1)

71.Permission to work by employees outside industrial premises under section 76.- (1) The employer on behalf of

the employees, who are engaged in wetting or cutting of beedi or tobacco leaves outside the industrial premises shall apply for

permission to the licensing authority in the Online Portal of Labour Department.

(2) The Licensing Authority on receipt of the application electronically in FORM XVIII may consider the following and issue

permission electronically within seven days from the date of receipt of application:-

(i) The employer who applies for the above permission shall have valid licence issued under section 74 for such

premises.

(ii) The suitability of the place where it is proposed to be used for wetting or cutting of beedi or tobacco leaves.

(iii) Wetting or cutting of beedi or tobacco leaves shall be carried on only in that place where permission is granted.

(iv) The total number of employees employed by the employer for wetting or cutting of beedi or tobacco leaves outside

the industrial premises shall not exceed the total number of workers for which issued under section 74.

(v) The Licensing Authority may, in addition to the foregoing terms and conditions, determine and specify in the

permission such other terms and conditions, in individual cases as it may deem necessary.

(3) The employer shall maintain the record of the work permitted under sub-rule (2) to be carried outside the industrial premises in

FORM XVIII-A, Home – workers Log Book in FORM XVIII-B, Service Book in FORM XVIII-C, Register of Service Book in

FORM XVIII-D, Home worker-Employment Register in FORM XVIII-E and Home worker-Overtime register in FORM XVIII-F.

CHAPTER XIII.

Factories.

72. Approval of site, construction or extension of a factory.-(1) (i) No site shall be used for the location of a factory or no

building in a factory be constructed, reconstructed extended or taken into use as a factory or part of a factory, or no installation

of plant or machinery carried out in a factory without the previous permission in writing of the Chief Inspector-cum-Facilitator

or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-cum-Facilitator as the case may be. The previous permission

of the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-cum-Facilitator as the

case may be shall also be obtained for the installation of additional machinery or for the installation of prime movers exceeding

the horse-powers already installed in the factory.

(ii) The ChiefInspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-cum-Facilitator

as the case may be may require, for the purpose of the Code, submission of plans of building/premises to be taken in use as

a factory which was either in existence on the date of commencement of the Code or which had been constructed or extended

since then.

(2) Application for such permission or submission of plans shall be made in FORM XIX through Online Portal of Directorate

of Industrial Safety and Health. It shall be accompanied by the following documents, namely:-

(i) a ﬂ ow chart of the manufacturing, process supplemented by a brief description of the process in its various stages,

including the chemicals used, if any, in the various stages of the process and the steps proposed to be taken for eﬀ ective

removal of dust, fumes, gases and regarding the proper and eﬀ ective disposal of trade wastes and eﬄ uents;

(ii) plans drawn to scale showing,-

(a) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads,

drains, and the like ; and

(b) the plan elevation and necessary cross sections of various buildings indicating all relevant details relating to

natural lighting, ventilation and means of escape in case of ﬁ re. The plans shall also clearly indicate the position of the plant

and machinery, aisles and Passageways.

(iii) a certiﬁ cate from the Tamil Nadu Pollution Control Board, to the eﬀ ect that the arrangements made for disposal

of industrial liquid wastes, eﬄ uents and air pollutants in the case of complex chemical factories and regarding the steps taken

for proper disposal of wastes and eﬄ uents are eﬀ ective;

(iv) such other particulars as the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy

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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) After examination of the documents referred to in sub-rule (2), the Chief Inspector-cum-Facilitator or Joint Chief Inspector-

cum-Facilitator or Deputy Chief Inspector-cum-Facilitator, as the case may be, may accord the permission applied for:

Provided that the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-

cum-Facilitator as the case may be, may call for such other particulars as he may require before according such permission:

Provided further that the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief

Inspector-cum-Facilitator, as the case may be, may accord such permission electronically subject to such conditions as considered

necessary.

(4) The fact that the permission applied for is accorded shall be noted on the plans and speciﬁ cations and shall be signed

by the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-cum-Facilitator, as the

case may be. One copy of each of the said plans and speciﬁ cations shall be returned electronically to the applicant.

(5) (i) A factory or part of a factory constructed, reconstructed, extended or taken into use, shall be in accordance with

the plans approved by the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-

cum-Facilitator, as the case may be and shall satisfy the conditions subject to which the plans have been approved.

(ii) No machine or prime mover or a permanent ﬁ xture not shown in the plans approved by the Chief Inspector-

cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief Inspector-cum-Facilitator, as the case may be, shall be

installed, ﬁ xed or used in any factory except in replacement of any machine, prime mover or a permanent ﬁ xture not occupying

more ﬂ oor area than that already shown in the approved plans.

(6) Plans which have already been approved by the Chief / Joint Chief / Deputy Chief Inspector-cum-Facilitator under

the Factories Act, 1948 (Central Act 63 of 1948) before the coming into force of these rules, shall be deemed to have been

approved under these rules.

(7) The plans approved by the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-Facilitator or Deputy Chief

Inspector-cum-Facilitator, as the case may be, shall be readily available in the factory for inspection by the Inspector-cum-Facilitator.

(8) The plans and layouts of factory buildings sent to the Chief Inspector-cum-Facilitator or Joint Chief Inspector-cum-

Facilitator or Deputy Chief Inspector-cum-Facilitator, as the case may be for approval under this rule shall be prepared by a

person possessing a diploma or degree in Engineering.

(9) No manufacturing process shall be carried on in any factory constructed, extended or taken in to use as a factory or

part of a factory until a Certiﬁ cate of Stability in FORM XX in respect of the buildings has been sent by the occupier of the

factory to the Inspector-cum-Facilitator.

Provided that the Certiﬁ cate of Stability sent by the occupier to the Inspector-cum-Facilitator as required in this rule shall

be valid only for a period of three years from the date of its issue and within thirty days after the expiry of the said period, a

fresh certiﬁ cate of stability shall be sent to the Inspector-cum-Facilitator.

The certiﬁ cate of stability referred to in sub-rule (9) shall be signed by a competent person recognised by the Chief Inspector-

cum-Facilitator under rule 158 for that purpose.

(10) An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a

licence has been issued in respect of such premises and is in force for the time being

73. Grant of licence for a factory.-(1) No premises shall be used as factory nor any manufacturing process carried on in

any factory except under, and in accordance with, the licence granted under these rules.

(2) An application for grant of a licence to a factory shall be submitted electronically to the jurisdictional Deputy Chief

Inspector-cum-Facilitator in FORM XXI through Online Portal of Directorate of Industrial Safety and Health.

(3) The online application in FORM XXI shall be made with e-Payment of appropriate licence fee speciﬁ ed in the table

appended hereto.

(4) If the Deputy Chief Inspector-cum-Facilitator is satisﬁ ed that the licence may be granted, such licence shall be issued

electronically in FORM XXII:

Provided that the Deputy Chief Inspector-cum-Facilitator may call for such other particulars as may be required before

grant of such licence:

Provided further that the Deputy Chief Inspector-cum-Facilitator may grant licence subject to such conditions as

considered necessary and which shall be speciﬁ ed in the licence.

(5) The Occupier of a factory may opt to remit the licence fees for obtaining initial licence for a period up to ﬁ fteen consecutive

calendar years, instead of getting it renewed for every calendar year. Occupier shall make a speciﬁ c request in FORM XXI

indicating the number of years for which licence is sought for. In such cases the fees payable for the grant of licence to a factory

shall be proportionate to the annual fees as per the table multiplied by the number of years for which the licence is sought for.

(6) If the licence fee is enhanced, the diﬀ erence between the enhanced fee and the fee already paid for the licence shall

be paid from the date on which the amendment come into force.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) Every licence granted or renewed under this chapter shall remain in force up to and inclusive of the 31st December

of the year for which the licence is granted or renewed.

Tඉඊඔඍ.

Total

Horse

Power

installed

inclusive

of Mobile

Equipment

Number of Persons employed on any day during the calendar year

to 9

10 to

21 to

51 to

100

101 to

250

251 to 500

501 to

1000

1001 to

2000

2001 to

5000

5001 to

10000

Above

10000

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(Fees Payable in Rupees)

Nil Horse

Power

800

1600

2400

3200

7200

10800

24000

36000

66000

96000

120000

Up to

10 Horse

Power

1600

2400

3200

4800

10800

18000

48000

72000

108000

144000

180000

Above

10 Horse

Power

Up to

50 Horse

Power

2400

3200

4800

7200

18000

28800

72000

108000

144000

180000

216000

Above

50 Horse

Power

Up to

129

Horse

Power

3200

4800

7200

12000

28800

48000

108000

144000

180000

216000

240000

Above

129

Horse

Power

Up to

250

Horse

Power

4800

7200

12000

19200

48000

72000

144000

180000

216000

240000

264000

Above

250

Horse

Power

Up to

500

Horse

Power

7200

12000

16000

25600

72000

96000

180000

216000

240000

264000

288000

Above

500

Horse

Power

Up to

1000

Horse

Power

12000

12800

25600

48000

96000

120000

216000

240000

264000

288000

312000

Above

1000

Horse

Power

Up to

2000

Horse

Power

12800

25600

48000

64000

120000

144000

240000

264000

288000

312000

336000

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Total

Horse

Power

installed

inclusive

of Mobile

Equipment

Number of Persons employed on any day during the calendar year

to 9

10 to

21 to

51 to

100

101 to

250

251 to 500

501 to

1000

1001 to

2000

2001 to

5000

5001 to

10000

Above

10000

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(Fees Payable in Rupees)

Above

2000

Horse

Power

Upto

5000

Horse

Power

25600

48000

64000

80000

144000

168000

264000

288000

312000

336000

360000

Above

5000

Horse

Power

Up to

7500

Horse

Power

48000

64000

80000

96000

168000

192000

288000

312000

336000

360000

384000

Above

7500

Horse

Power

Up to

10000

Horse

Power

64000

80000

96000

112000

192000

216000

312000

336000

360000

384000

408000

Above

10000

Horse

Power

80000

96000

112000

128000

216000

240000

336000

360000

384000

408000

432000

74. Amendment of licence.-(1) The limits speciﬁ ed in the licence granted to a factory in regard to horse power or the

number of persons employed shall not be altered or the name of the factory changed unless the licence has been amended by

the Deputy Chief Inspector-cum-Facilitator having jurisdiction over the area where the factory is situated.

(2) An application for the amendment of a licence granted to a factory shall be submitted through Online Portal of Directorate

of Industrial Safety and Health to the Deputy Chief Inspector-cum-Facilitator having jurisdiction over the area where the factory

is situated, specifying the nature of the amendment sought and the reasons therefor, prior to the date on which the applicant

desires the amendment to take eﬀ ect, along with an additional fee payable as per the Table in sub-rule (7) of rule 73.

(3) On the receipt of such application, the Deputy Chief Inspector-cum-Facilitator may amend the licence suitably:

Provided that the Deputy Chief Inspector-cum-Facilitator may call for such other particulars as he may require before

amending the licence:

Provided further that the Deputy Chief Inspector-cum-Facilitator may amend the licence subject to such conditions as

he may consider necessary and which shall be speciﬁ ed in the licence.

(4) The amendment made shall be incorporated in the licence.

75. Renewal of licence.-(1) No premises shall be used as a factory nor any manufacturing process carried on in any

factory except under, and in accordance with, the licence renewed under these rules.

(2) The occupier of every factory licenced under rule 73, shall submit to the Deputy Chief Inspector-cum-Facilitator having

jurisdiction over the area where the factory is situated, an application in FORM XXI through Online Portal of Directorate of

Industrial Safety and Health, for the renewal of the licence. The online application for such renewal shall be made not less than

two months before the date on which the licence expires.

(3) The same fee shall be charged for the renewal of a licence as for the grant thereof:

Provided that if the online application for renewal is not received within the time speciﬁ ed in sub-rule (2), the licence

shall be renewed only on payment of Late fee of,-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) ten percentum of the fee payable, if the online application for the renewal is received in the month of November of

the year for which the licence is granted or renewed;

(ii) twenty percentum of the fee payable, if the online application for renewal is received in the month of December of

the year for which the licence is granted or renewed;

(iii) thirty percentum of the fee payable, if the online application for renewal is received after the expiry of the licence:

Provided further that if the occupier of the factory opts to remit the fee for the renewal of licence for a period upto

ﬁ fteen consecutive calendar years instead of getting it renewed for every calendar year he shall indicate in FORM XXI, the

number of years for which the licence is required.

(4) If the online application has been made in accordance with this rule, the premises shall be held to be duly licenced until

such date as the Deputy Chief Inspector-cum-Facilitator may pass orders on the online application for the renewal.

(5) If the licence fee is enhanced, the diﬀ erence between the enhanced fee and the fee already paid for the licence shall

be paid from the date of on which the amendment come into force.

76. Refusal to grant a licence in certain cases.-(1) Subject to the provisions of clause (c) of sub-section (1) of section

79 of the Code, the Chief Inspector-cum-Facilitator may refuse to grant a licence if he is satisﬁ ed,-

(i) that an online application is not accompanied by the documents referred to in rule 73; or

(ii) that the conditions subject to which permission was accorded under rule 72 have not been complied with; or

(iii) that there is imminent danger to human life in the factory due to explosive or inﬂ ammable dust, gas or fumes and

eﬀ ective measures, in his opinion, have not been taken to remove such danger; or

(iv) that there is imminent danger to human life due to the building or the entrances thereto or exists there from being

in a dangerous or structurally unsound condition, and eﬀ ective measures in his opinion, have not been taken to remove the

danger.

(2) Where a Deputy Chief Inspector-cum-Facilitator is of the opinion that there is prima facie case to refuse to grant a

licence for all or any of the reasons stated in sub-rule (1), he shall forward to the Chief Inspector-cum-Facilitator the online

application for grant of licence received from an occupier of the factory to pass such orders as he deems ﬁ t.

77. Transfer of licence.-(1) The holder of a licence or any person carrying on the business of such licensee may, before

expiry of the licence, apply through Online Portal of the Directorate of Industrial Safety and Health to transfer the licence to

another person or to himself, as the case may be.

(2) The Deputy Chief Inspector-cum-Facilitator concerned, if he approves of the transfer, enter upon the licence under his

signature, an endorsement to the eﬀ ect that the licence has been transferred to the person named:

Provided that the Deputy Chief Inspector-cum-Facilitator concerned may call for such other particulars as he may

require before eﬀ ecting the transfer:

Provided further that the Deputy Chief Inspector-cum-Facilitator concerned may eﬀ ect such transfer subject to such

conditions as he may consider necessary and which shall be speciﬁ ed in the licence.

(3) No person shall carry on the business unless the licence is transferred as per sub-rule (2) and the person carrying on

the business shall be liable for penalty under the Code.

78. Procedure on death or insolvency of Licensee.- (1) If a licensee dies or becomes insolvent, the person carrying on

the business of such licensee shall apply through the online portal of the Directorate of Industrial Safety and Health for grant of

the licence in his own name for the unexpired period of the original licence within thirty days from date of death or insolvency.

(2) The Licensing Authority shall, if approves it, enter the licence under his signature and endorsement to the eﬀ ect that

the licence has been granted to the applicant.

(3) An application for the licence under this rule shall be dealt with by the Licensing Authority in the same manner as an

application for the grant of a licence.

79. Common Licence for Factories located in diﬀ erent locations in the State.-(1) The occupier opting for a common

licence for more than one factory located in diﬀ erent locations in Tamil Nadu, shall apply electronically on the Online Portal of

the Directorate of Industrial Safety and Health in FORM XXI to the licensing authority as notiﬁ ed by the Government under sub-

section (1) of section 119 of this code along with the cumulative licence fees of each factory involved therein.

(2) All the provisions of rules 73 to 78 shall mutatis mutandis apply in case of the common licence granted under sub-rule (1).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

80. Liability of owner of the premises under section 80.-The owner of the premises and the occupiers of the factories

utilizing common facilities shall be jointly and severally responsible for provision and maintenance of.-

(1) Latrines, urinals, washing facilities and drinking water in so far as the maintenance of the common supply of water for

these purposes is concerned;

(2) Safe maintenance of machinery and plant such as hoists and lifts, pressure plant belonging to the owner and not

speciﬁ cally entrusted to the custody or use of an occupier;

(3) Prevention of Overcrowding and provision for Disposal of wastes and eﬄ uents;

(4) Safety of buildings, internal roads, pits, sumps and openings in ﬂ oors.

81. Dangerous operations.-(1) The following operations when carried on in any factory are declared to be dangerous

operations under section 82.-

(1)

Manufacture of aerated waters and other bottling processes;

(2)

Phosphating, Electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids, bases or salts

of metals such as chromium, nickel, cadmium, zinc, copper, silver, gold etc;

(3)

Manufacture and repair of Electric Accumulators;

(4)

Glass manufacture;

(5)

Grinding or glazing of metals and processes incidental thereto;

(6)

Manufacture and treatment of Lead and certain compounds of Lead;

(7)

Generation of gas from dangerous petroleum;

(8)

Cleaning, 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;

(9)

Liming and Tanning of raw hides and skins, Wet Leather ﬁ nishing and processes incidental thereto;

(10) Painting, Powder Coating and process incidental thereto;

(11) Graphite Powdering;

(12) Printing Press And Type Foundries - Certain Lead process carried on therein;

(13) Cashew nut processing;

(14) Dyeing, Stenciling, Printing and incidental processes;

(15) Pottery;

(16) Chemical Works;

(17) Manufacture of Dichromates;

(18) Compression of Oxygen and Hydrogen produced by the electrolysis of water;

(19) Manipulation of stone or any other material containing free silica;

(20) Handling and processing of Asbestos, Manufacture of any article or substance of Asbestos and any other process of

manufacture or otherwise in which asbestos is used in any form;

(21) Handling and manipulation of Corrosive Substances;

(22) Manufacture or Manipulation of Carcinogenic Dye Intermediates;

(23) Process of Extracting Oils and Fats in Solvent Extraction Plants;

(24) Fire Works Manufactories and Match Factories;

(25) Manufacture or Manipulation of Manganese and its Compounds;

(26) Carbon-Disulphide Plants;

(27) Manufacture, handling and use of Benzene;

(28) Operations involving High Noise and Vibration Levels;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(29) Manufacture or manipulation of dangerous pesticides;

(30) Manufacture of Rayon by Viscose Process;

(31) Flammable Liqueﬁ ed or Compressed Gases and Highly Flammable Liquids;

(32) Operations in Foundries and Furnaces;

(33) Operations Involving Compressed Air Working Environment;

(34) Welding, Soldering and Brazing;

(35) Manufacturing and processing of textiles;

(36) Processing of Rubber and plastic compounds;

(37) Forging, Forming, Heat Treatment and incidental processes; and

(38) Manufacturing of Paper, Paper boards and allied products.

(2) (i) The fee for medical examination of employees by the Medical Oﬃ cer as required by the Schedules annexed to this

rule, shall be Rs.200/- (Rupees two hundred only) for each examination of any such employee.

(ii) The fee charged 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 examination. Such charges shall be paid by the occupier.

(iii) The Occupier shall pay the fees through the Online Portal of Directorate of Industrial Safety and Health (DISH).

(3) The provisions speciﬁ ed in the Schedules annexed hereto shall apply to any class or description of factories wherein

dangerous operations speciﬁ ed in each schedule are carried out.

(4) If in respect of any factory or a part thereof, the Chief Inspector-cum-Facilitator is satisﬁ ed that owing to the exceptional

circumstances or infrequency of the processes or for any other reason, all or any of the schedules is not necessary for protection

of the employees in the factory, the Chief Inspector-cum-Facilitator may by a certiﬁ cate 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.

(5) Notwithstanding the provisions speciﬁ ed in the Schedules annexed to this rule, the Inspector-cum-Facilitator may by

issue of orders in writing to the occupier, direct them to carry out such measures, and within such time, as may be speciﬁ ed in

such order with a view to remove conditions dangerous to the health of the employees, 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 annexed Schedules I to XXXVIII in respect of any employee shall be kept readily available to the Inspector-cum-Facilitator

and shall be preserved till the expiry of one year after the employee ceases to be in employment of the factory.

(7) First employment means employment for the ﬁ rst time in a hazardous process or operation so speciﬁ ed under section

82, or re-employment therein after cessation of employment in such process or operation for a period exceeding three calendar

months.

(8) Without prejudice to the medical examination mentioned in rule 6, the employees above 45 years of age shall be

subjected to the medical examination as per the provisions of the annexed Schedules I to XXXVIII.

(9) No pregnant women shall be employed or permitted to work in the process area covered under the Schedules II,III,IV,

V,VI,VII,VIII,IX,X,XI,XII,XIII,XIV,XV,XVI,XVII,XIX,XX,XXI,XXII, XXIII, XXIV, XXV, XXVII, XXIX, XXXII, XXXIV and XXXVII without

prejudice to the provisions contained in the schedules.

82. Site appraisal committee.-(1) The Government may, for purposes of advising it to consider applications for grant of

permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, constitute

a Site Appraisal Committee consisting of-

(a) the Chief Inspector-cum-Facilitator- Chairman;

(b) a representative of the Central Pollution Control Board for the Prevention and Control of Water and Air Pollution under

section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) and section 3 of the Air (Prevention

and Control of Pollution) Act, 1981(Central Act 14 of 1981)– Member;

under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) and section 5 of the Air

(Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981)- Member;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) a representative of the Department of Environment, Climate Change and Forest in the State - Member;

(e) a representative of the Meteorological Department of the Government of India- Member;

(f) a representative of the Directorate of Town and Country Planning of the Government– Member;

(g) an expert in the ﬁ eld of occupational safety and health nominated by Government- Member;

and not more than four other members who may be co-opted by the Chairman on the need basis who shall be-

(h) two experts having specialised knowledge of the hazardous process which will be involved in the factory;

(i) a representative of the local authority within whose jurisdiction the factory is to be established;

(j) a representative nominated by the Central Government if any process relates to a factory owned or controlled by the

Central Government or to a corporation or a company owned or controlled by the Central Government.

(2) No member of the Site Appraisal Committee unless required to do so by a Court of Law, shall disclose otherwise than

in connection with the purpose of 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) The Site Appraisal Committee shall have power to call for any information from the person making an application for

the establishment or expansion of a factory involving a hazardous process.

(4) Applications for appraisal of sites-

(i) Applications for appraisal of sites in respect of the Factories covered under the First Schedule under Section 2 (za)

of the code shall be submitted to the Chairman of the Site Appraisal Committee.

(ii) The application for site appraisal along with ﬁ fteen copies thereof shall be submitted in the FORM XXVI. The

Committee may dispense with furnishing information on any particular item in the Application Form if it considers the same to

be not relevant to the application under consideration.

(5) Functions of the Committee:

(i) The Chairman shall arrange to register the applications received for appraisal of site in a separate register and

acknowledge the same within a period of seven days.

(ii) The Chairman shall ﬁ x up meeting in such a 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.

(iii) The Committee may adopt a procedure for its working keeping in view of the need for expeditious disposal of

applications.

(iv) The Committee shall examine the application for appraisal of a site with reference to the prohibitions and restrictions

on the location of industry and the carrying on of processes and operations in diﬀ erent areas as per the provisions of rule 5 of

the Environment (Protection) Rules, 1986 framed under the Environment (Protection) Act, 1986 (Central Act 29 of 1986).

(v) 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.

83. Disclosure of information to workers.-(1) The Occupier of a factory carrying on a hazardous process shall supply to all

workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation,

storage and other processes:-

(i) Requirements of sections 84 and 85 of the Code;

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

(iii) Location and availability of all Material Safety Data Sheets as per the annexed Schedule XXXIX;

(iv) Physical and health hazards arising from the exposure to or handling of substances;

(v) Measures taken by the occupier to ensure safety and control of physical and health hazards;

(vi) Measures to be taken by the workers to ensure safe handling, storage and transportation of hazardous substances;

(vii) Personal Protective Equipment required to be used by workers employed in hazardous process or dangerous

operations;

(viii) Meaning of various labels and markings used on the containers of hazardous substances;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ix) Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;

(x) Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance;

(xi) Role of workers vis-a-vis the emergency plan of the factory in particular the evacuation procedures; and

(xii) Any other information considered necessary by the occupier to ensure safety and health of workers.

(2) The information required by sub-rule (1) shall be compiled and made known to workers individually through supply of

booklets or leaﬂ ets and display of cautionary notices at the work places.

(3) The booklets, leaﬂ ets and the cautionary notices displayed in the factory shall be in the language understood by the

majority of the workers, and also explain to them.

(4) The Chief Inspector-cum-Facilitator may direct the Occupier to supply further information to the workers as deemed

necessary.

84. Disclosure of information to the Chief Inspector-cum-Facilitator.-(1) The Occupier of every factory carrying on

"hazardous process" shall furnish in writing to the Chief Inspector-cum-Facilitator a copy of all the information furnished to the

workers.

(2) A copy of 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.

(3) The Occupier shall also furnish any other information asked for by the Chief Inspector-cum-Facilitator from time to time

for the purpose of this Code and these rules.

85. 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 Panchayat Unions, Townships, Municipalities or Corporations having

jurisdiction over the target area in which the factory is situated,-

(i)The information furnished to general public as prescribed in rule 86;

(ii)A statement of the names and the 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

(Central Act 29 of 1986):

Explanation.- The ‘target area’ mentioned under this rule means the area which might be aﬀ ected by an accident.

86. Disclosure of information to general public.-(1) The Occupier of every factory carrying on a hazardous process shall

in consultation with the District Emergency Authority designated by the Government, take appropriate steps to inform the general

public who are likely to be in the area which may be aﬀ ected by an accident. Such information shall include,-

(i)

Name of the factory and address where situated;

(ii)

Identiﬁ cation, by name and position of the person giving the information;

(iii) Conﬁ rmation that the factory has approval from the Directorate of Industrial Safety and Health and Pollution

control board;

(iv) An explanation in simple terms of a hazardous process (es) carried on in the premises;

(v) The common names of the hazardous substances used which could give rise to an accident likely to aﬀ ect them,

with an indication of their principal harmful characteristics;

(vi) 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;

(vii) Salient features of the approved disaster control measures adopted in the factory;

(viii) Details of the factory’s emergency warning system for the general public;

(ix) General advice on the action, members of the public should take on hearing the warning;

(x) Brief description of arrangements in the factory, including liaison with the emergency services, to deal with the

foreseeable accidents of such nature and to minimize their eﬀ ects; and

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

(2) The occupier shall also supply any further information,-

(i) to general public as directed by the District Emergency Authority from time to time;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) to the elected representatives of the general public on request

(3) The occupier shall endeavour to enter an agreement with the District Emergency Authority for the area, with in 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 aﬀ ected by an accident as required in sub-rule (1).

(4) The information in sub-rule (1) shall be in Tamil, English and in the language understood by majority of the public in

the vicinity.

87. Health and Safety Policy.-(1) The occupier of every factory, except as provided for in sub-rule (2), shall prepare a

written statement of his policy in respect of health and safety of workers at work.

(2) All factories,-

(i) covered under section 2 (w) (i) of the Code but employing less than ﬁ fty workers;

(ii) covered under section 2 (w) (ii) but employing less than one hundred workers are exempted from requirements of

sub-rule (1):

Provided that they are not covered under the First Schedule under section 2 (za) or carrying out processes or operations

declared to be dangerous under section 82 of the Code.

(3) Notwithstanding anything contained in sub-rule (2), the Chief Inspector-cum-Facilitator may require the occupiers of

any of the factories or class or description of factories to comply with the requirements of sub-rule (1), if, in his opinion, it is

expedient to do so.

(4) The Health and Safety Policy should contain or deal with,-

(i) declared intention and commitment of the top Management to health, safety and environment and compliance with

all the relevant statutory requirements;

(ii) organisational set up to carry out the declared policy clearly assigning the responsibility at diﬀ erent levels; and

(iii) arrangements for making the policy eﬀ ective.

(5) In particular, the policy should specify the following:-

(i) arrangements for involving the workers;

(ii) intention of taking into account the health and safety performance of individuals at diﬀ erent levels while considering

their career advancement;

(iii) ﬁ xing the responsibility of the contractors, sub-contractors, transporters and other agencies entering the premises;

(iv) providing a resume of health and safety performance of the factory in its Annual Report;

(v) relevant techniques and methods, such as safety audits and risk assessment for periodical assessment of the

status on health, safety and environment and taking all the remedial measures;

(vi) stating its intentions to integrate health and safety, in all decisions, including those dealing with purchase of plant,

equipment machinery and material as well as selection and placement of personnel; and

(vii) arrangements for informing, educating and training and retaining its own employees at diﬀ erent levels and the

public, wherever required;

(6) A copy of the declared Health and Safety Policy signed by the occupier shall be made available to the Inspector-cum-

Facilitator having jurisdiction over the factory and to the Chief Inspector-cum-Facilitator.

(7) The policy shall be made widely known by -

(i) making copies available to all workers including contract workers, apprentices, transport workers, suppliers, etc.;

(ii) displaying copies of the policy at conspicuous places; and

(iii) any other means of communication in a language understood by majority of workers.

(8) The occupier shall revise the Safety Policy as often as may be appropriate, but it shall necessarily be revised under

the following Circumstances:-

(i) Whenever any expansion or modiﬁ cation having implications on safety and health of persons at work is made; or

(ii) Whenever new substance(s) or articles are introduced in the manufacturing process having implications on health

and safety of persons exposed to such substances.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

88. Information on Industrial Wastes.-(1) The information furnished under rules 84 and 85 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 ﬁ nal disposal.

(2) It shall also include information on the quality and quantity of gaseous waste discharged through the stacks or other

openings and arrangements such as provision of scrubbers, cyclone separators electrostatic precipitators or similar such

arrangement made for controlling pollution of the environment.

(3) The Occupier shall also furnish the information in the sub-rules (1) and (2) to the State Pollution Control Board.

89. Cautionary Notice to Public.- Notwithstanding anything contained on the information furnished by the occupier, a

Cautionary notice showing all the information regarding danger, physical and health hazards and the measure to overcome such

hazards arising from the exposure to hazardous substance like solid, liquid and gaseous products evolved by the hazardous

process or discharged as waste or accidental release, quantity of hazardous chemicals shall be prominently displayed near

the factory entrance gate. Such display shall be in Tamil and in the language understood by the majority of the general public

in the vicinity.

90. Making available Health Records to Workers.-(1) The Occupier of every factory carrying out an "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 worker has manifested signs and symptoms of any

notiﬁ able disease as speciﬁ ed in the Third Schedule of the Code;

(iii) If the worker leaves the employment;

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

(a) An Inspector-cum-Facilitator notiﬁ ed under the code

(b) District Health Oﬃ cer

(d) The Director General, Employees' State Insurance Corporation

(e) The Director, Employees' State Insurance Corporation (Medical Beneﬁ ts)

(f) The Director-General, Factory Advice Service and Labour Institutes.

(2) A copy of the up to-date health records including the records 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.

91. Medical Examination.-(1) Workers employed in a "hazardous process" shall be medically examined by a qualiﬁ ed

medical practitioner hereinafter referred to as Factory Medical Practitioner in the following manner:

(i) Prior to employment, to ascertain the physical ﬁ tness of the person to do the particular job.

(ii) Once in a period of six months, to ascertain the health status of all the workers in respect of occupational health

hazards to which they are exposed; and in cases where in the opinion of the Factory Medical Practitioner/Inspector-cum-Facilitator

it is necessary to do so at a shorter interval in respect of any workers.

(iii) The details of pre-employment and periodical examinations carried out as aforesaid shall be recorded in the Health

(2) No person shall be employed for the ﬁ rst time without a Certiﬁ cate of Fitness in FORM XXIII granted by the Factory

Medical Practitioner. If the Factory Medical Practitioner declares a person unﬁ t 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 Oﬃ cer whose opinion shall be ﬁ nal in this regard. If the Inspector-cum-Facilitator is also a Medical Oﬃ cer, he may

dispose of the application himself.

(3) Any ﬁ ndings of the Factory Medical Practitioner revealing any abnormality or unsuitability of any person employed in the

process shall immediately be reported to the Medical Oﬃ cer who shall in turn, examine the concerned worker and communicate

his ﬁ ndings to the occupier within thirty days. If the Medical Oﬃ cer is of the opinion that the workers 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 Oﬃ cer, fully incapacitated in which case the worker aﬀ ected shall he suitably rehabilitated.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) A Medical Oﬃ cer on his own motion or on a reference from an Inspector-cum-Facilitator may conduct medical examination

of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion

of the Medical Oﬃ cer in such a case shall be ﬁ nal. 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 Certiﬁ cate from the Medical Oﬃ cer and after making entries to that eﬀ ect 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 or the State Government shall not refuse to undergo such medical examination.

92. Occupational Health Centers.-(1) In respect of any factory carrying on "hazardous process" there shall be provided

and maintained in good order an Occupational Health Centre with the services and facilities as per scale laid down hereunder:-

(i) For factories employing upto one hundred workers.-

(a) the services of a Factory Medical Practitioner on retainership basis, in his clinic to be notiﬁ ed by the occupier. He

will carry out the pre employment and periodical medical examination as stipulated in rule 91 and render medical assistance

during any emergency;

(b) to have a minimum of ﬁ ve persons trained in ﬁ rst-aid procedure amongst whom at least one shall always be

available during the working period; and

(ii) For factories employing hundred and one to two hundred and ﬁ fty workers-

(a) shall have an occupational health centre. It is suggested that it shall have a room with a ﬂ oor area of ﬁ fteen square

meters with ﬂ oors and walls made of smooth and imperious surface and adequate illumination and ventilation. It is suggested

to have the equipments given in the Schedule annexed to this rule;

(b) a part-time Factory Medical Practitioner shall be in overall charge of the centre who shall visit the factory atleast

twice in a week and whose services shall be readily available during medical emergencies;

(d) to have a fully equipped ﬁ rst-aid box in all the departments.

(iii) For factories employing above two hundred and ﬁ fty workers-

(a) one full time Factory Medical Practitioner for factories employing up to ﬁ ve hundred workers and one more Medical

Practitioner for every additional thousand workers or part thereof;

(b) shall have an Occupational Health Centre. It is suggested that it shall have two rooms with a ﬂ oor area of ﬁ fteen sq.

meters with ﬂ oors and walls made of smooth and impervious surface and adequate illumination and ventilation. It is suggested

to have the equipments given in the annexed Schedule XL;

period; and

(d) the Occupational Health Centre shall be suitably equipped to manage medical emergencies;

(2) The Factory Medical Practitioner required to be appointed under sub-rule (1) shall possess any recognised medical

qualiﬁ cation as deﬁ ned in the National Medical Commission Act, 2019 (Central Act 30 of 2019) and who is enrolled on a Indian

Medical Register as deﬁ ned in clause (e) and on a State Medical Register as deﬁ ned in clause (l) of section 35, 36, 37 and 40 of

the Act and possess a certiﬁ cate of Training in Industrial Health of minimum three months duration recognised by the Government:

Provided that-

(i) a person possessing a Diploma in Industrial Health or equivalent shall not be required to possess the certiﬁ cate 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 qualiﬁ cation 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 three

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 certiﬁ cate of training within a period of three years, relax the qualiﬁ cation.

(3) The syllabus of the course leading to the above certiﬁ cate, and the organisations conducting the Course shall be

approved by the Directorate-General of Factory Advice Service and Labour Institutes or the Government in accordance with the

guidelines issued by the Directorate-General of Factory Advice Service and Labour Institutes (DGFASLI).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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, address and enrollment number of the Factory Medical Practitioner;

(ii) qualiﬁ cations;

(iii) experience, if any; and

(iv) the sub-rule under which appointed.

93. Ambulance Van.-(1) In any factory carrying on "hazardous process" there shall be provided and maintained in good

condition, a suitably constructed ambulance van equipped with item as per sub-rule (2) and manned by a full-time Driver-cum-

Mechanic and a Helper trained in ﬁ rst-aid for the purpose of transportation of serious cases of accidents or sickness. The

ambulance van shall not be used for any purpose other than the purpose stipulated herein and will normally be stationed at or

near to the Occupational Health Centre:

Provided that a factory employing less than two hundred and ﬁ fty workers, may make arrangements for procuring such

facility at short notice from a nearby hospital or other places to meet any emergency.

(2) It is suggested that the ambulance may have the following equipments:-

(i) General,-

(a) A wheeled stretcher with folding and adjusting devices with the head of the stretcher capable of being tilted

upward;

(b) Fixed suction unit with equipment;

(d) Pillow with case, Sheets, Blankets, Towels, Emesis bags, Bed pan, Urinal, Glass:

(ii) Safety equipment,-

(a) Flares with life of thirty minutes, Flood lights, Flash lights;

(b) Fire Extinguisher dry powder type, Insulated gauntlets;

(iii) Emergency Care Equipment,-

(a) Resuscitation,-

- Portable suction unit, portable oxygen units, Bag, Valve, Mask, and operated artiﬁ cial ventilation unit;

- Airways, Mouthgags, Tracheotomy adapters, Short spine board, I.V. Fluids with administration unit;

- B.P. Manometer, Cup, Stethoscope;

(b) Immobilization,-

- Long and short padded boards, Wire ladder splints;

- Triangular bondage, Long and short spine boards;

(iv) Dressings,-

Gauze pads 4 x 4, Universal dressing 10 x 36;

Roll of aluminum foils, soft roller bandages 6 x 5" yards, Adhesive tape in 3 "roll, Safety pins;

Bandage Sheets; Burn sheet;

(v) Poisoning,-

Syrup of Ipecac, Activated charcoal pre-packeted in dozes, Snake bite kit, Drinking Water;

(vi) Emergency Medicines,-

As per requirement (under the advice of Medical Practitioner only).

94. Decontamination facilities.-In every factory, carrying out “hazardous process” the following provisions shall be made

to meet emergency:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) Fully equipped ﬁ rst-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 :-

THE TABLE.

Number of Persons

employed at any time

Number of drenching showers

(1)

(2)

(i) Up to 50 workers

(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 suﬃ cient number of eye wash bottles ﬁ lled with distilled water of suitable liquid kept in boxes or cup-boards

conveniently situated and clearly indicated by distinctive sign which shall be visible at all times.

95. Qualiﬁ cations of Supervisors.-(1) All persons who are required to supervise the handling of hazardous substances

shall possess the following qualiﬁ cations and experience:-

(i) (a) A degree in Chemistry or Diploma in Chemical Engineering or Technology with ﬁ ve years experience; or

(b) A Master Degree in Chemistry or a Degree in Chemical Engineering or Technology with two years experience.

The experience stipulated above shall be in process operation and maintenance in the Chemical Industry.

(ii) Chief Inspector-cum-Facilitator may require the supervisor to undergo training in Health and Safety.

(2) The syllabus and duration of the above training and the organisations conducting the training shall be approved by the

Director-General of Factory Advice Service and Labour Institutes or the Government in accordance with the guidelines issued

by the Director-General of Factory Advice Service and Labour Institutes.

96. Permissible levels of certain chemical substances in work environment.-Without prejudice to the requirements in

any other provisions in the Code or these rules, requirements speciﬁ ed in the annexed Schedule XLI shall apply to all factories.

97. Procedure in appeals.- An appeal presented under section 90 shall lie to the Chief Inspector-cum-Facilitator, or in

cases where the order appealed against is an order passed by the Chief Inspector-cum-Facilitator, to the Government and

shall be in the form of memorandum setting forth concisely the grounds of objection to the order and bearing court fee stamp

in accordance with Article 11 of Schedule II to the Court-fees Act, 1870 (Central act XVIII of 1870), and shall be accompanied

by a copy of the order appealed against certiﬁ ed correct and attested by the Inspector-cum-Facilitator concerned and duly

stamped under the same Code.

98. Rule prescribed under sub-section (1) of section 91:

(1) Person deﬁ ned to hold positions of supervision or management:

(a) The following categories of persons shall be deemed to hold positions of supervision or management;

(1) Directors;

(2) Managers;

(3) Assistant Managers;

(4) Engineers;

(5) Weaving Masters And Spinning Masters;

(6) Head Electricians;

(7) Labour Welfare Oﬃ cers;

(8) Chief Chemist;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(9) Chief Metallurgists;

(10) Chief Production Engineers;

(11) Work Superintendents ;

(12) Chief Security Oﬃ cers;

(13) Fire Oﬃ cers ;

(14) Chief Accounts Oﬃ cers;

(15) Chief Personnel Oﬃ cers;

(16) Chief Public Relations Oﬃ cer;

(17) Foreman;

(18) Charge man;

(19) Chief Draftsman;

(20) Head Store-Keepers

(21) Safety Oﬃ cers;

(22) Human Resources Development Oﬃ cers;

(23) Quality Assurance Personnel;

(24) Sales Personnel;

(25) Material Issue Personnel; and

(26) Systems Analysts or Operators in Electronic Data Processing Section.

(b) Any other person, who, in the opinion of the Chief Inspector-cum-Facilitator of Factories, holds position of supervision

or management.

(2) Person deﬁ ned to hold conﬁ dential positions:

(a) The following categories of persons shall be deemed to be employed in conﬁ dential

positions

(1) Stenographers;

(2) Personal Assistants or Secretaries of Managers of Factories;

(3) Time-Keepers;

(4) Telephone Operators;

(5) Personnel Oﬃ cers;

(6) Human Resources Development Personnel;

(7) Security Oﬃ cers;

(8) Industrial Engineers;

(9) Quality Assurance Personnel;

(10) Sales Personnel;

(11) Material Issue Personnel; and

(12) Systems Analysis or Operators in Electronic Data Processing Section.

(b) Any other person, who, in the opinion of the Chief Inspector-cum-Facilitator of Factories, is employed in conﬁ dential

position.

(3) List to be maintained of persons holding conﬁ dential positions or supervision or management.- A list showing

the names and designations of all persons referred to in this rule shall be maintained in every factory.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) Exemptions under sub-section (1) of Section 91.- Adult workers engaged in factories in column (2) of Schedule XLII

on the work speciﬁ ed in column (3) of the said Schedule shall be exempted from the provisions of the sections speciﬁ ed in the

column (4), subject to the conditions, if any, speciﬁ ed in the column (5) of the said Schedule.

CHAPTER XIV.

Plantation.

99. Housing accommodation for plantation workers.-Every employer shall provide for every worker and his family

residing in a plantation, housing accommodation as near as possible to the place of work.

100. Standard and speciﬁ cation of housing accommodation.-All housing accommodation for workers in a plantation

shall conform to such standards and speciﬁ cations as may be approved by the Government on the recommendation of the

Plantation Advisory Committee constituted as per sub-section (3) of section 17 of the Code.

101. Sites for housing accommodation .- (i) The housing accommodation shall be provided on dry well drained land

which, consistent with the requirement regarding distance from the plantation, has supplies of wholesome drinking water within

a reasonable distance. In malarial tracts, the house shall be provided at a safe distance from the swamps and marshes and

above the highest ﬂ ood level.

(ii) Adequate electric lighting arrangements shall be provided by the employer in the houses provided for the workers

and also in and around the area in which housing accommodation is provided.

(iii) The employer shall maintain in good condition the approach roads and parts to the area where houses are located

as also the sewers and drains in that area.

(iv) The employer shall not deny the public free access to those parts of the plantation where the workers are housed.

(v) The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and

drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposed of hygienically.

(vi) Adequate facilities of toilets with sewage, disposal shall be ensured by the employer.

102. Constitution of Tamil Nadu State Plantation Advisory Committee under sub-section (3) of section 17.-(1) The

member of the Tamil Nadu State Plantation Advisory Committee will be as follows:-

OFFICIAL MEMBERS.-

(i)

The Commissioner of Labour, Chennai-6 – Chairperson.

(ii)

The Chief Engineer (Buildings), Public Works Department, Chennai-5.

(iii) The Principal Chief Conservator of Forests, Chennai.

(iv) The Chief Inspector-cum- facilitator- Member Secretary.

EMPLOYERS REPRESENTATIVES,- Seven representatives of employers to be nominated by the Government.

EMPLOYEES REPRESENTATIVES,- Seven representatives of Employees to be nominated by the Government.

(2) The Tamil Nadu State Plantation Advisory Committee shall meet to advise the Government on issues mentioned in

section 92 and 93 of the Code, and rules made there under relating to Plantation workers.

(3) The tenure of non-oﬃ cial members referred in clause B will be three years.

(4) The Plantation Advisory Committee will be treated as First Class Committee for the travelling allowances applicable to

non-oﬃ cial members.

(5) The Chief Inspector-cum-Facilitator for plantations, Chennai is the Counter Signing Authority for the travelling allowance

bills for non-oﬃ cial members.

(6) Notwithstanding anything contained in this rule, a member of the Committee will continue to hold oﬃ ce during the

pleasure of the State Government.

(7) If a member changes his address, he shall notify his new address to the Member Secretary of the Committee who shall

there upon enter his new address in the oﬃ cial records.

(8) When a vacancy occurs or is likely to occur on completion of the term of the member in the membership of the

Committee or resignation of a member or due to removal, the Member Secretary shall submit a report to the Government to

nominate a person to ﬁ ll the vacancy.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(9) (i) The Committee shall meet at such places and at such times as may be decided by the Chairperson and it shall

meet at least once in six months.

(ii) Ordinarily two week notice shall be given to the members of the Committee of a proposed meeting. Notice together

with a list of business proposed to be transacted approved by the Chairperson shall be sent to every member of the State

Committee, through e-mail or registered post or speed post or by special messenger.

(iii) In case when the Chairperson calls an emergency meeting of the Committee for considering any matter which is

urgent, a notice with such reasonable time shall be sent to every member through e-mail or by registered post or speed post

or special messenger.

(iv) No business other than for which the meeting of the Committee has been convened shall be transacted at the

meeting except with the permission of the Chairperson.

(10) No business shall be transacted at any meeting of the Committee unless at least seven members are present in that

meeting which shall include at least one non-oﬃ cial member:

Provided that if at a meeting, less than seven members are present, the Chairperson may adjourn the meeting to another

date informing the members present and giving notice to the other members that he proposes to dispose of the business at

the adjourned meeting whether there is prescribed quorum or not, and it shall there upon be lawful for him to dispose of the

business at the adjourned meeting irrespective of the number of members attending.

(11) Every matter which the Committee is required to take into consideration shall be considered at a meeting of the

Committee, or if the Chairperson so directs, by sending the necessary papers to every member for opinion, and the matter shall

be disposed of in accordance with that decision of the majority:

Provided that where there is no opinion of majority on a matter and the members of the Committee are equally divided,

the Chairperson shall have a second or a casting vote.

(12) (i) The minutes of each meeting showing inter-alia the names of the member present there, shall be forwarded to

each member of the Committee and to the State Government as soon as possible and in any case not later than four weeks

after the meeting.

(ii) The minutes of each meeting of the Committee shall be signed by the Chairperson.

(iii) The minutes of the meeting shall be conﬁ rmed, with such modiﬁ cation if any, at the next meeting.

(iv) The minutes of a meeting of the Committee shall be maintained.

(13) The Member Secretary shall, with the approval of the Chairperson, issue notice to convene meetings of the Committee

and keep record of minutes and shall take necessary steps for carrying out the decision of the Committee.

103. Resignation.-(1) A member of the Tamil Nadu State Plantation Advisory Committee, not being an ex-oﬃ cio member,

may resign by a letter in writing addressed to the Government.

(2) The seat of such a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty

days from the date of receipt of intimation of resignation, whichever is earlier.

(3) The power to accept the resignation of a member shall vest with the Government.

104. Cessation of membership.-(1) If any member of the State Plantation Advisory Committee, not being an ex-oﬃ cio

member, fails to attend three consecutive meetings of the State Plantation Advisory Committee, without obtaining the leave

sanctioned by the Chairperson of the State Plantation Advisory Committee for such absence, he shall cease to be a member

of State Plantation Advisory Committee:

Provided that the Chairperson may, if it is satisﬁ ed that such member was prevented by suﬃ cient 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 State advisory Committee.

(2) A member nominated shall cease to be a member of the Committee if he ceases to represent the category of interest

from which he was so nominated.

105. Disqualiﬁ cation for membership.-A person shall be disqualiﬁ ed for being a member of the State Plantation Advisory

Committee,-

(i) if he is of unsound mind and stands so declared by a competent authority;

(ii) if he is an un-discharged insolvent; or

(iii) if he has been convicted for an oﬀ ence, having a penalty of imprisonment of three months or more;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

106. Removal from membership.-The Government may remove any member of the State Plantation Advisory Committee,

if in its opinion such member has ceased to represent the interest which he purports to represent on such State Plantation

Advisory Committee.

107. Construction of houses in accordance with scheme and submission of annual return progress report in relation

thereto.-All houses shall be built in accordance with the scheme approved in writing by the Chief Inspector-cum-Facilitator of

Plantations. Every employer shall submit annual return prescribed, to Inspector-cum-Facilitator of Plantations having jurisdiction

over the area and also to the Chief Inspector-cum-Facilitator of Plantations.

108. Maintenance of houses.-(1) The employer shall, at his own expense, execute such repairs to the houses as may be

required from time to time and maintain the houses in ﬁ t and safe condition for occupation.

(2) A worker occupying a house may, and Inspector-cum-Facilitator appointed under this Code shall bring to the notice of

the employer any defects in the condition of a house which make it dangerous to the health and safety of the worker. Where

an Inspector-cum-Facilitator so brings any such defects to notice, it shall be the duty of the employer to rectify the same at the

earliest.

(3) The employer shall get all the houses lime-washed at least once every year and all the doors, windows and other

wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried

out shall be maintained in FORM XXVII.

(4) If any employer fails to comply the requirements of sub-rules (1), (2) or (3), the Chief Inspector- cum-facilitator may

cause repairs to be done and realise the cost thereof from the employer as arrears of land revenue.

109. Accommodation to be rent free.-No rent shall be charged by an employer for the housing accommodation provided

to workers and their families residing in his plantation.

110. Occupation of Houses.-(1) Houses shall be allotted on the basis of one house for a worker and his family:

Provided that if there are two or more workers in a family, only one house shall be allotted in respect of any such

family in the name of any worker in the family:

Provided further that in the case of termination of services of a worker, in whose name a house is allotted under the

preceding proviso, the said house or any other standard house shall be re allotted in the name of any other member of his

family, who is a worker:

Provided also that it shall be open to the employer to allot houses to workers not having families at the rate of one

house for not more than four such workers.

(2) The occupant of a house shall not make any unauthorised additions to or alterations in the house.

(3) The occupant shall not exchange the house with the occupant of another house except with the written permission of

the employer.

(4) The occupant shall not let the house or any portion thereof to any person.

(5) All workers and members of their families occupying the houses shall use the latrines provided and shall not pollute the

soil and shall keep the houses and the precincts thereof clean and tidy and shall not waste drinking water.

(6) No cattle or goats shall be kept in the living rooms or verandahs and no windows or air spaces shall be blocked up.

(7) The employer shall bring to the notice of each worker to whom housing accommodation has been provided, the conditions

governing the occupation of such accommodation, in writing, in a language which the latter can understand.

111. Occupation of accommodation after termination of employment.-(1) When a worker dies in the service of the

employer, or retires or goes on transfer, or resigns, or goes on leave or when his services are terminated he or his family may

retain the house up to the period as detailed below:-

(i) in the case of death, a period not exceeding three months, and in the case of transfer or termination of service, a

period not exceeding two months ;

(ii) in the case of retirement or resignation, a period not exceeding one month ;

(iii) in the case of leave, for the period of leave ; and

(iv) in the case where discharge or dismissal of a worker results in an industrial dispute, for so long as the same is

not ﬁ nally disposed of.

(2) If the employer makes an application to the Industrial Tribunal having jurisdiction over the area and if the Industrial

Tribunal is satisﬁ ed that a worker or any member of his family refuses to vacate the house allotted to such workers, after the

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

expiry of the period speciﬁ ed in sub-rule (1) , the Industrial Tribunal may, notwithstanding anything contained in any other law

for the time being in force, by notice served –

(a) by post, or any form of electronic mode;

(b) by aﬃ xing a copy of it on the outer door or some other conspicuous part of such house, or require such worker or

a member of his family or any other person who may be in occupation of the whole or any part of the house to vacate in within

one month of the date of service of such notice.

(3) In the event of the failure of the worker or a member of the family or any other person who is in occupation of

the house to comply with the notice under sub-rule (2) the Industrial Tribunal may, by order, evict such worker, member of the

family or other person and take possession of the house and may, for that purpose, use such force as may be necessary:

Provided that before taking such possession, a copy of the order of eviction shall be served on the worker or a member

of the family or other any other person in occupation of the said house.

112. Facilities for harvesting standing crops on termination of employment.-In the case of termination of his employment,

a worker shall where possible, be given facilities to harvest the standing crops in his garden plot.

113. Drinking water.-An adequate supply of wholesome drinking water shall be made available in every plantation at

worksites or at a place or places to be approved by the Inspector-cum-Facilitator at all times, during working hours.

114. Source of supply.-The water provided for drinking shall be supplied,-

(a) from the taps connected with a public water supply system; or

(b) from any other source approved by the Chief Inspector-cum-Facilitator of Plantations.

115. Storage of water.-If drinking water is not supplied from taps connected with a public water supply system, it shall be

kept in suitable vessels and renewed atleast daily. All practicable steps shall be taken to preserve the water and vessels from

contamination and keep the vessels scrupulously clean.

116. Cleanliness of well or reservoir.-(1) Drinking water shall not be supplied from any open well or reservoir unless it

is so constructed, situated protected and maintained as to be free from the possibility of pollution by chemical or bacterial and

extraneous impurities.

(2) Where drinking water is supplied from such well or reservoir, the water in it shall be sterilized periodically as required

by the Inspector-cum-Facilitator by written order and the date on which sterilizing is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water therein is ﬁ ltered and treated before

it is supplied for consumption.

117. Report from the Medical practitioner.- The Inspector-cum-Facilitator may, by an order in writing, direct the employer

to obtain at such time or at such intervals, (i.e., once in six months) as he may direct, a report either from the qualiﬁ ed medical

practitioner or from the Tamil Nadu Water supply and Drainage Board Testing Laboratories or any other laboratory approved by

Government for this purpose, as to the ﬁ tness for human consumption of the water supplied to workers, and in every case to

submit to the Inspector-cum-Facilitator a copy of such report as soon as it is received.

118. Toilet facilities.- (1)Toilet facilities shall be provided in every plantation on the scale of one toilet for every ﬁ fty hectares

of the area under cultivation or part thereof in addition to the toilet provided to the houses of workers:

Provided that there shall be atleast one toilet for all genders.

(2) The toilet shall be conveniently situated and shall have exclusive access for all genders.

119. Toilets to conform to public health requirements.- The toilet should conform to public health requirements and

toilets other than those connected with an eﬃ cient water-borne sewage system, shall comply with the requirements of the Public

Health authorities.

(i) Privacy of Toilets:- Every toilet shall be under cover and so partitioned oﬀ as to secure privacy and shall have a

proper door and fastenings.

(ii) Sign Boards to be displayed:-Where workers of both sexes are employed, there shall be displayed outside each

toilet each toilet or toilet block, a notice in the language understood by the majority of workers “For men only” or “For Women

only”, as the case may be. The notice shall also bear the ﬁ gure of a man or of a woman as the case may be.

(iii) Water taps in toilet:-

a. Where piped water supply is available, a suﬃ cient number of water taps, conveniently accessible, shall be

provided in or near such toilet accommodation.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

b. If piped water-supply is not available, suﬃ cient quantity of water shall be kept stored in suitable receptacles near the toilet.

120. Urinal Facilities.-Urinal facility shall be provided on the scale of one urinal for every twenty hectares of the area under

cultivation or part thereof. The urinals shall be conveniently situated for all genders.

121. Urinals to conform to public health requirements.-Urinals shall conform to public health requirements. Urinals other

than those connected with an eﬃ cient water-borne sewage system shall comply with the requirements of the Public Health

authorities.

122. Construction and maintenance of drains.-All drains carrying waste of sullage water shall be constructed in masonry

or other impermeable materials and shall be regularly ﬂ ushed and the eﬄ uent disposed of by connecting such drains with a

suitable drainage line:

Provided that, where there is no such drainage line, the eﬄ uent shall be deodorized and rendered innocuous and

then disposed of in a suitable manner to the satisfaction of the Health Oﬃ cer.

123. Creches.-(1) In every plantation wherein ﬁ fty or more workers (including workers employed by any contractor) are

employed or were employed on any day of the preceding twelve months, the employer shall provide and maintain a creche or

creches for the use of their children who are below the age of six years according to the standards laid down in these rules.

(2) Every creche shall be conveniently accessible to the mothers of the children accommodated therein.

(3) There shall be not less than 1.5 square metres of the ﬂ oor area for each child to be accommodated in a creche.

(4) The building in which the creche is situated shall be of sound construction with a good plinth.

(5) The plan of the creche building shall be in accordance with the standard plan or plans laid down by the Chief Inspector-

cum-Facilitator:

Provided that where no standard plan has been laid down or where it is proposed to deviate from a standard plan,

the Chief Inspector-cum-Facilitator’s approval shall be obtained.

(6) The creche shall be furnished with suitable furniture and a cradle for each child below the age of two and provided with

playing materials such as sliding chutes, see-saws, dummy horses, toys etc.

(7) A suitable fenced and shady open air playground shall be provided for the older children.

(8) The employer shall appoint (i) a woman trained in the care of children and infants as creche-in-charge to look-after

children during the absence of their mothers, and (ii) other staﬀ on scale approved by the Government.

124. Wash room.-(1) There shall be in or adjoining creche a suitable wash room for the washing of the children and their

clothes.

(2) There shall be provided a toilet for the use of the children in the creche.

125. Supply of milk and refreshment.-At least 300 ml of clean pure milk if possible, otherwise, powdered milk approved

by the Medical Oﬃ cer shall be made available for each child on every day it is accommodated in the creche and the mother

of such child shall be allowed in the course of her daily work, two intervals of suﬃ cient time to visit the creche and feed the

child. For children above two years of age, there shall be provided in addition an adequate supply of wholesome refreshment.

126. Supply of clothes, soaps and oils.-(1) The creche staﬀ shall be provided with suitable clean clothes for use while

on duty in the creche.

(2) (a) Two sets of clothing once a year shall be made available for each child while it is in the creche. The clothing for boys

will consist of a shirt and a half-trouser and for girls a blouse and a skirt or a frock or gown. Measurement should be taken and

the clothing must be stitched accordingly to suit every child in the creche. The cost of the cloth and stitching thereof including

washing charges for washing the clothes once in a week shall be borne by the employer.

(b) One cake of soap weighing 100 gms. and 100 ml. oil shall be made available for the use of each child per month

while it is in the creche:

Provided that,-

(i) an establishment may avail common creche facility of the Central, State Government, Municipality, Town

Panchayath, Village Panchayath or private entity or provided by Non-Governmental Organisation or by any other organisation;

(ii) a group of establishments may agree to pool their resources for establishing a common creche.

127. Educational facilities for worker’s children.-(1)Every employer shall, if the number of workers’ children between

the ages of 6 and 12, in his plantation exceeds 25, provide and maintain a primary school or schools for imparting primary

education to the children:

Provided that an employer may not provide and maintain a primary school if there is one under the direct

management of the Government or of any local body for imparting free education to the children up to the primary or higher

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within

a distance of 1.6 kilometres from the place where workers reside in his plantation; or if under any other law, he is required to

pay a cess or tax for primary education:

Provided further that subject to the provisions of sub-rule (2), a group of employers may jointly provide and maintain

a primary school and share its expenses.

(2) Every school to be provided and maintained under sub-rule (1) shall be conveniently situated and within a distance of

1.6 kilometres from the workers’ quarters.

(3) The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the

Government:

Provided that where there is no standard plan or where it is proposed to deviate from a standard plan, the Government’s

approval of the plan of the school building shall be obtained

(4) Where adequate space is available, an open air playground with suitable accessories shall also be provided for the

children attending the school.

(5) The employer or employers, as the case may be, shall provide for every primary school maintained under sub-rule (1)

such educational and other equipment as may be considered necessary by the Government.

(6) (i) The employer or employers concerned shall appoint one teacher for every forty children attending the primary

school.

(ii) The teacher shall possess the qualiﬁ cations prescribed by the Government for teachers in Government primary

schools:

Provided that in the case of any person who is working as a school teacher in a plantation at the commencement of these

rules the Government may, subject to such conditions as it may specify, relax any of the qualiﬁ cations.

(iii) The curriculum, duration, standard and syllabus of the course of instruction to be imparted in the primary school

shall be such as may be approved by the Government.

(iv) No fees shall be charged from the worker’s children attending the primary school.

128. Medical facilities under sub-section (1) (d) of section 92.- The employer shall provide health facilities as provided

in rules 129, 130, 131, 132, 133, 134, 135 and 136 to every worker employed in the plantation (including his family) or provide

coverage under the Employees’ State Insurance Scheme of Social Security Code.

129. Types of Hospitals.-There shall be two types of hospitals in plantations namely, garden hospitals and group hospitals:-

(1) Garden hospitals will deal with out-patients, in-patience not requiring any elaborate diagnosis and treatment, infectious

cases midwifery, simple pre-natal and postnatal care, care of infants and children and periodical inspection of workers.

(2) Group hospitals shall be capable of dealing eﬃ ciently, with all types of cases normally encountered but will not be

used for routine treatment. Admission to group hospitals except in emergency shall be only on the recommendation of a garden

hospital doctor.

130. Garden hospitals.-(1) Every employer of plantations speciﬁ ed in column(1) of the Table below shall provide the

medical facilities speciﬁ ed in the corresponding entries in column (2) thereof:-

THE TABLE.

Serial

number

Class of plantations

Nature of medical facilities to be

provided

(1)

(2)

Plantations which employ 1,000 or

more workers

Own garden hospital.

Plantations employing more than

200 workers but less than 1,000

workers

Combined garden hospital and own

dispensary

Plantations employing 200 or less

workers.

Dispensary either individually or in

groups with necessary equipment

and arrangements for visiting doctors

(The employers shall ensure that

the doctor visits the dispensary at

least thrice a week)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Each garden hospital shall be under a qualiﬁ ed Medical Practitioner as assisted by at least one trained nurse, one

trained maternity assistant, a qualiﬁ ed pharmacist, one man and one woman Nursing Orderly, one scavenger and one sweeper.

The services of the staﬀ shall be readily available during all hours:

Provided that in the case of doctors, nurses, maternity assistants and pharmacists employed in plantation at the

commencement of these rules, the Chief Inspector-cum-Facilitators of plantations may in consultation with the Director of Medical

Services grant exemption from possessing the qualiﬁ cations prescribed for them.

(3) Medical and auxiliary personnel shall be appointed according to the following scale:-

(i) one qualiﬁ ed medical practitioner for every 1750 workers or part thereof.

(ii) nurse/number of workers not less than 1/1750.

(iii) maternity assistants/number of workers not less than 1/1750.

(iv) pharmacist / number of workers not less than 1/1750.

(v) men nursing orderly /number of workers not less than 1/1750.

(vi) women nursing orderly /number of workers not less than 1/1750

(vii) scavenger /number of workers not less than 1/1750.

(viii) sweeper /number of workers not less than 1/1750:

Provided that where the number of workers does not exceed 2000, no additional practitioner need to be appointed:

Provided further that where the number of women workers employed in any plantation is not less than 750, a woman

medical practitioner also shall be appointed.

(4) (a) A minimum of ﬁ fteen beds shall be provided in every garden hospital per one thousand workers served and each

bed shall be allowed at least six square metres of ﬂ oor space.

(b) Every hospital shall be of sound permanent construction with impermeable washable walls to a height of at least

1.5 metres on the inside with proper water supply and eﬃ cient sanitary arrangements.

shall each have a water point over a suitable glazed sink.

(d) The following departments shall be provided with:-

(i) general ward for male;

(ii) general ward for female;

(iii) maternity with separate labour room;

(iv) family planning centre;

(v) infectious ward with separate sanitary arrangements;

(vi) out-patient department (with suﬃ cient waiting space for patients to wait under cover) preferably situated in a

separate block form general wards;

(vii) consulting room so arranged that patients can be examined in privacy;

(viii) minor operation in dressing room;

(ix) dispensary and drug store;

(x) general store; and

(xi) kitchen for cooking.

(e) In every hospital, transport facilities shall be provided for carrying patients to and from group hospitals.

131. Group hospitals.-(1) Group hospitals shall be established.

(2) Plans for the establishment of group hospitals containing details as regards their location and size, areas of plantations

served, the number of workers employed thereon, etc., shall be approved by the Government.

(3) Every group hospital shall have a minimum of one hundred beds and there shall be at least three beds per seven

hundred workers, every bed having 7.5 square metres of ﬂ oor space:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that the Government may ﬁ x a lesser number of beds to be provided in a group hospital and exempt a

group of plantation from providing a group hospital, if it is satisﬁ ed that adequate alternative arrangements exist for treatment

of patients intended to be treated at a group hospital:

Provided further that no exemption shall be allowed without the previous approval of the Central Government.

(4) The hospital shall be built according to such speciﬁ cations as may be approved by the Government.

(5) There shall be provision for piped supply of pure water, electricity, modern methods of sanitation and water ﬂ ushed

closets. Each ward, labour room, surgical dressing room, consulting room and dispensary, shall have a water point over a

suitable glazed sink:

Provided that with the approval of the Government suitable alternative arrangements may be made in regard to supply

of pure water, electricity and other modern methods of sanitation.

(6) Each hospital shall have provision for,-

(i)

Operating theatre block;

(ii)

X-ray block;

(iii)

Physical treatment block;

(iv)

Dental treatment block;

(v)

Labour room;

(vi)

T.B. and V.D.clinics;

(vii)

Consulting and examination room;

(viii)

Clinical Laboratory fully equipped;

(ix)

Dispensary;

(x)

Administrative and oﬃ ce block;

(xi)

Kitchen and Laundry blocks;

(xii)

Lavatories and bath-rooms;

(xiii)

Stores; and

(xiv)

Mortuary and post-mortem room.

Out-patient block which should preferably be at some little distance from the wards. Separate wards shall be provided for

male, female, maternity cases and small isolated wards for infectious diseases:

Provided that X-ray and physical Therapy blocks may not be provided if satisfactory arrangements are made by

employers to provide these facilities with some hospital approved by the chief Inspector-cum-Facilitator.

(7) (a) Every group hospital shall have such medical and other staﬀ as may be speciﬁ ed by the Government. All doctors

in a group hospital shall be qualiﬁ ed medical practitioners.

(b) There shall be ﬁ fteen nurses for one hundred bedded hospital of whom one shall be senior trained, ﬁ ve junior

trained and nine assistant nurses. Such classiﬁ cation may be made according to their qualiﬁ cations and experience.

(8) A properly equipped ambulance shall be maintained every group hospital.

132. Equipments and drugs.-(1) Every dispensary/garden hospital and group hospital shall maintain such equipments

and drugs, etc., as may be speciﬁ ed by the Government.

(2) The District Medical Oﬃ cer concerned or (an Assistant surgeon nominated by District Medical Oﬃ cer or a Medical

Oﬃ cer appointed by the Labour Department) shall visit the dispensaries, garden hospitals and group hospitals at least once a

year to see whether they are suﬃ ciently equipped and stocked with drugs, and send a report to the management and to the

chief Inspector-cum-Facilitators of plantations.

133. Medical records.-The medical oﬃ cer in charge of each dispensary, garden or group hospital shall maintain the

following records namely:-

(i) Admission and Discharge register;

(ii) Case sheets;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(iii) Referrals;

(iv) Infectious and communicable diseases register;

(v) Immunization particulars;

(vi) Family welfare services;

(vii) Medico Legal records;

(viii) Maternal death record;

(ix) Infant death record;

(x) one to ﬁ ve years child death record; and

(xi) Any other record as may be required by the Government from time to time.

134. Standard of medical facilities.-(a) Out-patients’ treatment,-

it shall include,-

(i) detention for observation and treatment;

(ii) preventive treatment such as vaccination and inoculation;

(iii) free provision of all drugs including those needed for injections and dressings and appliances that may be considered

necessary;

(iv) ante-natal and post-natal advice; and

(v) provision of certiﬁ cates, free of cost in respect of maternity and sickness beneﬁ t claims.

(b) In patients’ Treatment,-it shall include,-

(i) The hospital treatment shall include maintenance, food and medicines including treatment at conﬁ nement as may

be available at the hospital and the said facilities shall subject to the provisions of clause(ii) be free of cost to workers and shall

be paid for by the plantations.

(ii) notwithstanding anything contained in clause(i), workers and their families admitted as in-patients in the hospital

shall be entitled to the supply of free diet, only where any award, agreement of contract of service provides for the supply of

free diet or where they were already enjoying the beneﬁ t of free diet under any custom usage and past practice and such supply

shall be in accordance with the terms of the said award, agreement, contract, custom, usage and last practice, but where there

is no such award, agreement, contract, custom, usage and past practice the diet charges shall be paid for by the workers at

such rate as the Government may, from time to time, ﬁ x.

(iii) workers and members of their families undergoing treatment as in-patients in the Garden or Group hospitals in

plantations shall be required during their period of stay in the hospitals to wear only the uniforms supplied by the Garden or

Group hospitals free of cost.

135. Failure to provide and maintain medical facilities as required in these rules.-(1) If any employer does not provide

and maintain medical facilities as required in these rules to the satisfaction of the Chief Inspector-cum-Facilitator, the Government

upon request by the Chief Inspector-cum-Facilitator will cause to be provided and maintained these facilities in the nearest

garden hospital or dispensary or in a Primary Health Centre or other similar hospital or dispensary.

(2) The defaulting employer shall be liable to pay the cost of such medical facilities including charges, if any, in respect of –

(a) a medical oﬃ cer’s visit to the plantations for the purpose of attendance on any sick worker or workers and his or

their families respectively;

(b) The maintenance of sick workers or a member of his family in a hospital/dispensary for each day’s maintenance;

and

136. Recovery of sum due under rule 135.-When any sum of money is due from any employer underrule 135, the Chief

Inspector-cum-Facilitator shall give him notice in writing requiring the payment of the amount to the collector, who may recover

the same as an arrear of land revenue

137. Recreational Facilities.-Every employer shall provide and maintain,-

(i) a recreation centre or centres for workers with provision for indoor games suitable for adult workers and child;

and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) where adequate ﬂ at open space is available within a reasonable distance, a playground or playgrounds for adult workers

and child with necessary sports equipment for outdoor games:

Provided that subject to the provisions of rule 138, a group of employers may, with the approval of the Chief Inspector-

cum-Facilitators, provide and maintain joint recreation centres and playgrounds and share their expenses.

138. Every recreation centre to be provided and maintained under rule 137 shall be conveniently situated as near as

possible to the worker’s quarters.

139. Restriction on employment of women and adolescent worker in handling insecticides, chemicals and toxic

substances.-No pregnant women or adolescent worker shall be allowed to handle any hazardous substance.

140.Appointment and qualiﬁ cation of Supervisors.-The use, handling, storage and transportation of insecticides,

chemicals and toxic substances shall be supervised by a competent person who should possess the following qualiﬁ cations:-

(i) he shall be a graduate in Agriculture or chemistry or he shall possess a Certiﬁ cate Course on handling of chemicals

and toxic substances conducted by the United Planters’ Association of Southern India (UPASI);

(ii) he should be given training from a designated Training Institute; and

(iii) he should also possess valid certiﬁ cate from St. Johns Ambulance Institute for giving ﬁ rst aid treatment to workers.

141. Training.-(1)The persons involved in handling insecticides, chemicals and toxic substances shall be arranged for

suitable training in observing safety precautions and handling safety equipment provided to them in the institutes notiﬁ ed by the

Government from time to time.

(2) All the workers who apply, handle, transport or come into contact with agro-chemicals or other chemical substances

must be trained in at least in the following subjects:-

(i)

General occupational health;

(ii)

Formulations, names, and the bin code action of the substances used in the

case of pesticides;

(iii)

Correct use of personal protective clothing and equipmeant;

(iv)

Preventive measures and measures for reducing damage to health and the

environment, caused by the chemical substances, equipment, techniques,

signage, medical examination etc.;

(v)

Emergency procedures, ﬁ rst aid and medical attention for cases involving

poisoning or undue contact with chemical substances;

(vi)

Techniques for handling chemical substances and for the correct application of

agro-chemicals;

(vii)

Secure handling and transportation of agro-chemicals for drivers; and

(viii)

Other necessary training suitable for the plantation.

142. Medical examination to the workers.-(1) Without prejudices to clause (c) of section 6 of the Code and rule 6, every

worker who is engaged in the work of handling, dealing, or spraying or mixing insecticides, chemical and toxic substances shall

be medically examined initially at the time of employment and thereafter once in year in Group Hospital or Garden or any other

hospitals notiﬁ ed in this regard.

(2) The medical examination and tests shall be in FORM XXVIII.

(3) Any person showing symptoms of poisoning shall be immediately examined and given proper treatment.

(4) Every employer shall maintain health record of every worker such as annual medical examination or any other examination

when required, shall be kept in plantation and every such worker shall have access to such record.

143. Washing, bathing, cloak room, protective clothing and equipment facilities.-(1) Every employer shall provide washing

bathing and cloak room facilities to the workmen, who are employed in handling insecticides, chemicals and toxic substances.

(2) (a) Persons handling insecticides, chemicals and toxic substances during its operation, distribution, mixing, spraying

shall be adequately protected with appropriate clothing.

(b) The protective clothing shall be made of materials which prevent or resist the penetration of any form of insecticide,

chemical and toxic formulations. The materials shall also be washable so as to remove the toxic elements after each use.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i)

Protective outer garment with hat;

(ii)

Rubber gloves or such other protective gloves extending of way upto the

fore arm made of materials impermeable to liquids;

(iii)

Dust proof goggles;

(iv)

Boots;

(v)

Reusable cloth masks.

144. Precautionary notices.-Every employer in the plantations shall display the following precautionary notices at or near

the place where the insecticides chemicals and toxic substances are handled:-

(i) Use protective clothing’s like overalls, gloves, goggles, rubber gum-boots

and wide-rimmed hats;

(ii) Do not wear clothes contaminated with insecticides and pesticides;

(iii) Clean the protective clothing by washing with soap and water;

(iv) Do not allow children, sick persons and pregnant women and nursing

mothers to handle insecticides and pesticides;

(v) Do not eat, drink, smoke or chew while handling insecticides and

pesticides;

(vi) Never blow out clogged nozzles with mouth;

(vii) Do not use leaking sprayers. Avoid contamination of the skin, mouth

and eyes;

(viii) Do not inhale the insecticides unattended in the ﬁ elds;

(ix) Never spray insecticides and pesticides against the wind;

(x) Do not leave insecticides and pesticides unattended in the ﬁ elds;

(xi) Do not allow humans and livestock to enter the insecticides

and pesticides sprayed ﬁ elds for a period of time, suggested by the

manufacturers;

(xii) Do not wash insecticides and pesticides containers near a well or

running stream;

(xiii) Keep clean water, soaps and towels ready for use;

(xiv) Wash hands and exposed skin thoroughly with soap and water before

eating, drinking, smoking or, chewing and after work;

(xv) Keep the insecticides and pesticides locked in store room and out of

reach of children and other unauthorized persons;

(xvi) Do not enter sprayed ﬁ eld. Follow the re-entry periods for all

insecticides and pesticides including herbicides, suggested by the

manufactures;

(xvii) Keep insecticides and pesticides in their original, labelled containers;

(xviii) Do not decant insecticides and pesticides into unlabelled containers

except for immediate use;

(xix) Dispose the containers safely after thoroughly emptying and washing.

They may be buried in a place away from water source;

(xx) Never reuse the container for any other purposes if it is impossible to

remove the traces and pesticides from the containers.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

145. Transport and storage of insecticides within the plantation.-(1) No insecticides, chemicals and toxic substances shall

be transported or stored in such a way as to come into direct contact with food stuﬀ s or animal feeds or drinking water.

(2) If any insecticides, chemicals and toxic substances are found to be leaked out in transport or storage, it shall be the

responsibility of the employer to take such measures urgently to prevent poisoning and pollution of soil or water, if any.

(3) The packages containing insecticides, chemicals and toxic substances shall be stored in separate rooms or premises

away from the rooms or premises used for storing such articles or shall be kept in separate almirahs under lock and key

depending upon the quantity and nature of the insecticides.

(4) The rooms or premises meant for storing insecticides, chemical and toxic substances shall be well built, dry, well lit

and ventilated with suﬃ cient dimension.

146. List of insecticides, chemicals and toxic substances.-Every employer shall display in plantations the list of

insecticides, chemicals and toxic substances as notiﬁ ed by the Central Government, from time to time under the Insecticides

Act, 1968 (Central Act 46 of 1968).

CHAPTER XV.

Oﬀ ences and Penalties.

147. Fee to prefer appeal under sub-section (3) of section 111.- An appeal shall be accompanied by a fee at the rate

of two percent of the penalty imposed under sub-section (2) of section 111 of the Code, which shall be paid through the online

portal in Form XXIX.

148. Manner of compounding of offences by the authorized officer specified under sub-section (1) of

section 114.- (1) The oﬃ cer shall be notiﬁ ed by the Government for the purposes of compounding of oﬀ ences under sub-section

(1) of section 114 of the Code.

(2) Any person seeking composition of penalty or oﬀ ence as speciﬁ ed in sub-rule (1) shall ﬁ le an application in FORM XXX

to the concerned oﬃ cer mentioned in sub-rule (1).

(3) The concerned oﬃ cer mentioned in sub-rule (1) shall take decision and issue notice within ﬁ fteen days from receipt of

application under sub-rule (2).

(4) The person applied as per sub-rule (2) shall deposit the entire compounding amount by electronic transfer or otherwise,

within ﬁ fteen days of the receipt of the notice.

(5) The Compounding Oﬃ cer shall issue a composition certiﬁ cate within seven days of receipt of the composition amount,

to such person from whom such amount has been received in satisfaction of the composition notice.

(6) The concerned oﬃ cer mentioned in sub-rule (1) shall duly send the copy of composition certiﬁ cate to the oﬃ cer who

imposed penalty or the court where prosecution is instituted.

(7) If a person so noticed fails to deposit the composition amount within one month, the prosecution shall be proceeded

with before the competent Court.

(8) 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 of the Code.

(9) The amount of composition received during the month shall be credited to the fund mentioned in sub-section (1) of

section 115 for the unorganized workers, before the 7th day of the succeeding month.

(10) The amount of composition received and credited shall be recorded in a register to be maintained in FORM XXXI.

CHAPTER XVI.

Social Security Fund.

149. (1) The amount received from composition of the oﬀ ence as speciﬁ ed in sub-section (4) of section 114 and the amount

of the penalty as speciﬁ ed in sub-section (6) of section 111 of the Code, shall be credited to the Tamil Nadu Unorganised workers

Social Security Fund established under sub-section (5) of Social Security Code 2020 (Central Act 36 of 2020).

(2) The fund shall be expended for the Welfare of the Unorganised Workers, under the Social Security Schemes framed

under section 109 of the Social Security Code 2020 and the rules made thereunder.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER XVII.

Special Rules.

150. Appeal under sub-section (6) of section 119.- (1) Any person aggrieved by an order passed by the authority notiﬁ ed

by the Government under section 119 (1) shall prefer an appeal before the Director of Industrial Safety and Health in case

of Factories, contract workers engaged in factories and Building and other Construction Works, or Commissioner of Labour

for Beedi and Cigar Establishments, contract workers engaged in establishments other than factories and Building and other

Construction Works.

(2) The application for the appeal shall be accompanied with the rejection order of the Licensing Authority and fee receipt

of Rs 1000/- to be deposited in the oﬃ cial account of the appellate authority.

151. Safety of machinery and plant.-(1) Without prejudice to the matters listed in the Second Schedule, no machinery,

plant or equipment shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of

bodily injury.

(2)Wherever practicable and considered necessary by the Inspector-cum-Facilitator, service platforms and gangways shall

be provided for overhead shafting and when required by him these shall be securely fenced with guards, rails and toe boards.

(3) Safe access shall be provided to all bearing clutches, belt shifting levers and all such other appliances which are required

to be handled or operated while the machinery is at work.

(4) All ladders used in replacing belts or in attending similar overhead machinery shall be specially made for that work and

provided with books or an eﬀ ective non-skid device.

(5) No transmission machinery in motion shall be cleaned with cotton waste, rags or similar materials held in hand.

(6) All belts shall be regularly examined to ensure that the joints are safe and the belts are kept in proper tension.

(7) Each water gauge glass of a boiler shall be ﬁ tted with an eﬃ cient guard.

(8) All condenser pipes of steam engines and exhaust pipes of oil engines; shall be adequately guarded.

152. Methods of work.-Notwithstanding anything contained in any other rule, no process or work shall be carried on in

any factory in such a manner as to cause risk of bodily Injury.

153. Fragile roofs.-In any factory no person shall be required or allowed to stand on or pass over or walk on or near any

roof or ceiling covered with fragile material through which he is liable to fall, in case it breaks or gives way, a distance of more

than three meters, unless,

(i) suitable and suﬃ cient ladders, duck ladders or crawling boards which shall be securely supported, are provided and

used; and

(ii) a permit to work on the fragile roof is issued to him each time he is required to work thereon, by a responsible person

of the factory concerned, such as Supervisor, Foreman, Engineer or Occupier.

154. Ovens and driers.-(1)This rule shall apply to ovens and driers, except those used in laboratories or kitchens of any

establishment and those which have a capacity below 325 liters.

(2) For the purpose of this rule, oven or drier means any enclosed structure, receptacle, compartment or box which is used

for baking, drying or otherwise processing of any article or substance at a temperature higher than the ambient temperature of

the air in the room or space in which the oven or drier is situated and in which a ﬂ ammable or explosive mixture of air and a

ﬂ ammable substance is likely to be evolved within the enclosed structure, receptacle, compartment or box or part thereof on

account of the article or substance which is baked, dried or otherwise processed within it.

(3) Electrical power supplied to every oven or drier shall be by means of separate circuit provided with an isolation switch.

(4) (i) Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound

materials and adequate strength, free from any patent defects and safe if properly used.

(ii) No oven or drier shall be taken into use in a factory for the ﬁ rst time unless a competent person has thoroughly

examined all its parts and carried out the tests as are required to establish that the necessary safe systems and controls provided

for safety in operation for the process for which it is to be used and a certiﬁ cate of such examination and tests signed by that

competent person has been obtained and is kept available for inspection.

(iii) All parts of an oven or drier which has undergone any alteration or repair which has the eﬀ ect of modifying any

of the design characteristics shall not be used unless a thorough examination and tests as have been mentioned in clause (ii)

has been carried out by a competent person and certiﬁ cate of such examination and tests signed by that competent person

has been obtained and is kept available for inspection.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) (i) Every oven or drier shall be provided with a positive and eﬀ ective safety ventilation system using one or more motor

driven centrifugal fans so as to dilute any mixture of air and any ﬂ ammable substance that may be formed within the oven or

drier and maintain the concentration of the ﬂ ammable substance in the air at a safe level of dilution.

(ii) The safe level of dilution referred to in clause (i) shall be so as to achieve a concentration of the concerned

ﬂ ammable substance in air of not more than 25 percent, of its lower explosive limit:

Provided that a level of concentration in air up to 50 per cent of the lower explosive limit of the concerned ﬂ ammable

substance may be permitted to exist subject to installation and maintenance of an automatic device which

(a) shows continuously the concentration of the ﬂ ammable substance in air present in the oven or drier at any

instant;

(b) sounds an alarm when the concentration of the ﬂ ammable substance in air in any part of the oven or drier,

reaches a level of 50 percent of its lower explosive limit; and

substance in any part of the oven or drier reaches a level of 60 per cent of its lower explosive limit, is provided to the oven or

drier end maintained in eﬃ cient working condition.

(iii) No oven or drier shall be operated without its safety ventilation system working in an eﬃ cient manner.

(iv) Exhaust ducts of safety ventilation system should be so designed and placed that their ducts discharge the mixture

of air and ﬂ ammable substance away from the work rooms and not near windows or doors or other openings from where the

mixture could re-enter the work rooms.

(v) The fresh air admitted into the oven or drier by means of the safety ventilation system shall be circulated adequately

by means of circulating fan or fans through all parts of the oven or drier so as to ensure that there are no locations where the

ﬂ ammable substance can accumulate in the air or become pocketed to any dangerous degree.

(vi) Throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper

or otherwise, that the system will handle at least the minimum ventilation rate required for safety when they are set in their

maximum throttling position.

(6) (i) Every oven or drier having an internal total space of not less than half cubic meter shall be provided with suitably

designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through

explosion vents. The area of openings to be provided by means of such vents together with the area of openings of any access

doors which are provided with suitable arrangements for their release in case of an explosion, shall be not less than 2,200

square centimeters for every one cubic meter of volume of the oven or drier. The design of the explosion panels and doors as

above said shall be such as to secure their complete release under an internal pressure of 0.25 kilogram per square centimetre.

(ii) The explosion releasing panels, shall, as for as practicable, be situated at the roof of the oven or drier or at those

portions of the walls where persons do not remain in connection with operation of the oven or drier.

(7) In each oven or drier, eﬃ cient interlocking arrangements shall be provided and maintained to ensure that, -

(i) all ventilating fans and circulating fans whose failure would adversely aﬀ ect the ventilation rate of ﬂ ow pattern, are

in operation before any mechanical conveyor that may be provided for feeding the articles or substances to be processed in

the oven or drier is put into operation;

(ii) failure of any of the ventilating or circulating fans will automatically stop any conveyor as referred to in clause (i)

as may be provided, as well as stop the fuel supply by closing the shut oﬀ valve and shut oﬀ the ignition in the case of gas or

oil ﬁ red ovens and in the case of electrically heated ovens switch oﬀ the electrical supply to the heaters;

(iii) the above said mechanical conveyor is set in operation before the above said shut oﬀ valve can be energized;

and

(iv) the failure of the above said conveyor will automatically close the above said shut oﬀ valve in the case of ovens and

driers heated by gas, oil or steam and deactivate the ignition system, or cut oﬀ the electrical heaters in the case of electrically

heated ovens or furnaces.

(8) Every oven or drier heated by oil, gas, steam or electricity shall be provided with an eﬃ cient arrangement for automatic

pre-ventilation consisting of at least 3 volume changes with fresh air by operation of the safety ventilation fans and the circulating

fans (if used so as to eﬀ ect purging of the oven or drier of any mixture of air and a ﬂ ammable substance before the heating

system can be activated and before the conveyor can be placed in position)

(9) Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature does not exceed

a safe upper preset limit to be decided in respect of the particular processing being carried on.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(10) Wherever materials are to be processed in ovens or driers in successive operations, suitable arrangement should

be provided to ensure that the operating temperatures necessary for safe operation at each stage are maintained within the

design limits.

(11) Eﬀ ective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances on

electric heaters or burner ﬂ ame used for heating.

(12) (i) All parts of every oven and drier shall be properly maintained and thoroughly examined and the various controls as

mentioned in this rule and the working of the oven or drier tested at frequent intervals to ensure its safe operation by a qualiﬁ ed

person designated by the occupier, who by his experience and knowledge of necessary precautions against risks of explosion,

is ﬁ t to undertake such work.

(ii) A register shall be maintained in which the details of the various tests carried out from time to time under clause

(i) shall be entered and every entry made shall be signed by the person making the tests.

(13) No person shall be assigned any task connected with operation of any oven or drier unless he has completed 18

years of age and he is properly trained.

(14) (i) Printed fabric shall be thoroughly dried by passing them over drying cans or through hot ﬂ ue or other equally eﬀ ective

means before the same is allowed to pass through polymerizing machines.

(ii) Infra-red ray heaters of polymerizing machines shall be cut oﬀ while running the prints.

155. Reaction Vessels and Kettles.-(1) This rule applies to reaction vessels and kettles (hereinafter in this rule referred

to as reaction vessels) which normally work at a pressure not above the atmospheric pressure, but in which there is likelihood

of pressure being created above the atmospheric pressure due to reaction getting out at control or any other circumstances.

(2) In the event of the vessel being heated by electrical means, a suitable control device shall be provided to prevent the

temperature exceeding the safe limit.

(3) Where steam is used for heating purposes in reaction vessel it shall be supplied through a suitable pressure reducing

valve or device.

(4) A suitable safety valve or rupture disc of adequate size and capacity shall be provided to eﬀ ectively, prevent the

pressure being built up in the reaction vessel beyond the safe limit. Eﬀ ective arrangements shall be made to ensure that the

released gases, fumes, vapors, liquids or dusts, as the case may be, are led away and disposed of through suitable pipes

without causing any hazard. Where ﬂ ammable gases or vapors are likely to be vented out from the vessel, the discharge end

shall be provided with a ﬂ ame arrestor.

(5) Every reaction vessel shall be provided with a pressure gauge having the appropriate range.

(6) In addition to the devices as mentioned in the fore-going provisions, means shall be provided for automatically stopping

the feed into the vessel as soon as process conditions deviate from the normal limits to an extent which can be considered as

dangerous.

(7) Where necessary, an eﬀ ective system for cooling, ﬂ ooding or blanketing shall be provided, for the purpose of controlling

the reaction and process conditions within the safe limits of temperature and pressure.

(8) An automatic auditory and visual warning device shall be provided for clear warning whenever process conditions exceed

the present limits. This device, wherever possible, shall be integrated with automatic process correction systems.

(9) A notice pointing out the possible circumstances in which pressures above atmospheric pressure may be built up in

the reaction vessel, the dangers involved and the precautions to be taken by the operators shall be displayed at a conspicuous

place near the vessel.

156. Examination of eye sight of certain workers.-(1) No person shall be employed to operate a crane, locomotive, fork

lift truck or other vehicles or to give signals to crane or locomotive operator unless his eye sight and colour vision have been

examined and declared ﬁ t by a qualiﬁ ed ophthalmologist to work whether with or without use of corrective glasses.

(2) The eye sight and colour vision of the person employed as referred to in sub-rule (1) shall be examined at least once

in every two years.

(3) Any fee payable for an examination of a person under this rule and the cost of corrective glasses shall be paid by the

occupier and shall not be recoverable from that person.

(4) The record of examination or re-examination carried out by the concerned ophthalmologist shall be produced on demand.

157. Thermic Fluid Heaters.-(1) All heaters shall be of such construction that coils are removable for periodic cleaning,

visual inspection and hydraulic test.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Suitable arrangements shall be made for cooling the furnace eﬀ ectively in case of power failure.

(3) Before restarting the furnace, it shall be eﬀ ectively purged.

(4)Velocity of ﬂ ow of the thermic ﬂ uid shall not be allowed to fall below the minimum recommended by the manufacturers

while the heater is in operation.

(5)The thermic ﬂ uid shall be circulated in closed circuit formation with an expansion-cum-deaerator tank. This tank shall

be of suitable capacity and located outside the shed where the heater is installed.

(6) Eﬀ ective arrangements shall be provided to prevent dripping of thermic ﬂ uid on heaters, burner, any other source used

for heating or any other inﬂ ammable or combustible material.

(7) Every heater shall be provided with a Photo-register actuated Audio-Visual alarm to indicate ﬂ ame failure and automatic

burner cut oﬀ .

(8) The stack temperature monitor-cum-controller with Audio-Visual alarm shall be provided so as to warn the operator in

case the outlet temperature exceeds the speciﬁ ed minimum.

(9) Where inspection doors are provided on the furnace they shall be inter-locked with the burner itself so that they cannot

be opened until burner is shut oﬀ and furnace is cooled suﬃ ciently.

(10) All heaters shall also be provided with the following safety devices:

(i) Level control in the expansion tank;

(ii) Temperature control of thermic ﬂ uid;

(iii) Diﬀ erential pressure switch on the outlet line of the heater tubes; and

(iv) Temperature control device for the fuel oil supply to the burner.

(11) All devices mentioned in sub-rule (10) shall have interlocking arrangement with burner so that in case of any predetermined

limits being crossed the supply of fuel and air to burner shall automatically be cut-oﬀ .

(12) All safety interlocks when operated shall be indicated on the control panel of the heater by a suitable audio-visual alarm.

(13) Every heater unit shall be provided as a standard accessory an arrangement for stiﬂ ing with low pressure steam or

nitrogen for putting out the ﬁ re.

(14) Electric panel for the heater shall be located near the heater but not so close as to be exposed to spilling or leaking oil.

(15) The heater shall be located in a place partitioned oﬀ with ﬁ re proof material from other manufacturing activities.

(16) Explosion vent shall be so installed that release takes place at safe location.

(17) The heater coil shall be subjected to pressure test by competent person once atleast in every 12 months. The test

pressure shall not be less than twice the operating pressure.

(18) If repairs are carried out to the coil, it shall be tested before taking it into use.

(19) The thermic ﬂ uid shall conform to the speciﬁ cations prescribed by the manufacturers and shall be tested by competent

person for suitability atleast once in every three months period. Such test shall include test for acidity, suspended matter, ash

contents, viscosity and ﬂ ash point.

(20) Cleaning of internal surface of the heater or soot and check up of refractory surface on the inside shall be carried out

every month or as often as required depending upon working conditions. The coils shall be removed and surface of the coils

cleaned thoroughly once at least in a period of six months. The burner, nozzles, oil ﬁ lters and pumps shall be cleaned once a

week during the periods of use.

(21) A separate register containing the following information shall be maintained:-

(i) weekly checks carried out conﬁ rming the eﬀ ectiveness of the interlock,

(ii) weekly checks conﬁ rming that all accessories are in good state of repairs, and

(iii) information regarding fuel oil temperature, pressure, thermic ﬂ uid inlet/outlet pressure and temperature, fuel gas

temperature, recorded at four hourly interval.

(22) The heater when in operation shall always be kept in charge of a trained operator.

158. Competent Person.- (1) The Chief Inspector-cum-Facilitator may recognize any person as the competent person

within such area and for such period as may be speciﬁ ed for the purposes of carrying out tests, examination, inspections and

certiﬁ cations for such buildings, ventilation system, conveyors, power presses, conﬁ ned spaces, thermic ﬂ uid heaters, centrifugal

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

machines, oven and driers, dust extraction system, blasting enclosures and such other processes of plant and equipment as

stipulated in the Code and the rules made thereunder located in an establishment, if such person possesses the qualiﬁ cations,

experience and other requirements speciﬁ ed in the Schedule XLIII:

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualiﬁ cations in respect of competent

person if such a person is exceptionally experienced and knowledgeable but not the requirements in respect of the facilities at

his command:

Provided further that where it is proposed to recognise a person employed under the Chief Inspector-cum-Facilitator

as a ‘Competent Person’ concurrence of the Government shall be taken and such a person after being so recognised shall not

have the powers of an ‘Inspector-cum- facilitator’:

Provided also that the ‘Competent Person’ to be recognised under this rule shall not be above the age of sixty-two

years and shall be physically and medically ﬁ t for the purpose of carrying out the requisite tests, examinations and inspections.

(2) The Chief Inspector-cum-Facilitator may recognise an institution of repute, having persons possessing qualiﬁ cations and

experience as speciﬁ ed in the Schedule XLIII, for the purposes of carrying out tests, examinations, inspections and certiﬁ cation

for buildings, ventilation system, conveyors, power presses, conﬁ ned spaces, thermic ﬂ uid heaters, centrifugal machines, oven

and driers, dust extraction system, blasting enclosures and such other processes of plant and equipment as stipulated in the

Code and the rules made thereunder as a competent person within such area and for such period as may be speciﬁ ed.

(3) A person or institute seeking recognition under the Code shall apply in FORM XXXII or FORM XXXIII, respectively.

(4) The Chief Inspector-cum-Facilitator on receipt of an application in the prescribed form from a person or an institution

intending to be recognised as a ‘Competent Person’ for the purposes of this Code and rules made there under shall register

such application and within a period of sixty days of the date of receipt of the application either after having satisﬁ ed himself as

regards competence and facilities available at the disposal of the applicant, recognise the applicant as a ‘Competent Person’

and issue a certiﬁ cate of competency in FORM XXXIVor reject the application specifying the reasons therefor.

(5) The Chief Inspector-cum-Facilitator may after giving an opportunity to the Competent Person of being heard, revoke

the certiﬁ cate of competency,

(i) if he has reason to believe that a Competent Person

(a)

has violated any condition stipulated in the certiﬁ cate of competency; or

(b)

has carried out a test examination and inspection or

(c)

has acted in a manner inconsistent with the intent or the purpose of this Act or the rules made thereunder; or

(d)

has omitted to act as required under the Act and rules made thereunder

(ii) for any other reason to be recorded in writing

Explanation: For the purpose of this rule, an institution includes an organisation.

159.Testing or Examination of certain machineries, equipments and accessories.-(1) Notwithstanding anything contained

in any other rules, the Government may notify the scheme of testing or examination of certain machineries, equipments and

accessories for securing the safety and health of the workers employed therein.

(2)The scheme mentioned in sub-rule (1) shall include,-

(i) Type of machinery/equipment

(ii) Nature of testing or examination

(iii) Periodicity of testing or examination

(iv) Persons notiﬁ ed to conduct testing or examination

(v) Fees for such testing or examination

(3) The Occupier shall apply for testing or examination in the prescribed form along with the online payment of the speciﬁ ed

fees for such testing or examination one month in advance from the date on which the validity of the certiﬁ cate expires.

(4) Notiﬁ ed person shall issue the certiﬁ cate of testing or examination in the prescribed form within the speciﬁ ed timeline.

160. Precautions in case of Conveyors.-(1) For the purposes of this rule, “Conveyor " means a horizontal, inclined, or

vertical device for moving or transporting material of any kind, in a path determined by the design of the device, and having

points of loading or discharge and the device shall include skip hoists, but shall not include devices like cranes, hoists, monorails,

bucket drag lines, platform elevators, plant railways, cableways and tramways.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Design, construction and maintenance, etc.-(i) Conveyor shall be of good design, proper construction, sound material,

adequate strength and free from defects and shall be properly maintained.

(ii) 'In running nips ' shall be securely fenced by safeguard of substantial construction or by any other suitable device.

(iii) Conveyor shall be installed in such a way that a clearance of at least 45 centimeters shall be provided between

the conveyors side of the passage way and the conveyor. Hand rails or railings shall be provided on open sides of the walkway

all along the belt.

(iv) When workers have to cross over conveyor, regular crossing facilities aﬀ ording safe passage shall be provided.

(v) Suitable device like gongs, whistles or signal lights shall be provided to the operator to warn the workers before

starting the conveyor.

(vi) (a) The starting button or switch for the conveyor shall be so located that the operator can see as much of the

conveyor as possible. The starting and stopping devices shall be marked distinctly and so located that they can be clearly seen

and safely approached.

(b) All personnel working on or around the conveyor shall be made to have knowledge about the location and

operation of all stopping devices.

(vii) Side guard of suﬃ cient height and strength shall be provided to prevent falling of material from the conveyor.

(viii) (a) conveyors shall be tested and the parts thereof thoroughly examined by a competent person before being

taken into use for the ﬁ rst time or after it has undergone any alteration or major repairs liable to aﬀ ect its strength or stability.

(b) A certiﬁ cate of such tests and examinations signed by the competent person making the tests and examinations

specifying the maximum safe conveying load shall be obtained and made available to the Inspector-cum-Facilitator on demand.

report of the competent person shall be made available to the Inspector-cum-Facilitator on demand.

(ix) Belt conveyors carrying materials which might stick to tail drums or belts, shall be provided with ﬁ xed scrappers

or revolving brushes for removing the deposits to avoid the hazards in cleaning the moving parts or pulleys by hand or shovels

while the belts are in motion.

(x) Conveyors shall be provided with automatic and continuous lubrication systems or with lubricating facilities so

arranged that oiling and greasing can be performed without the oils coming within the dangerous proximity to moving pans.

(xi) Before commencing any maintenance work, electrical or mechanical, ' permit ' to work shall be obtained from

the Occupier or any person so authorized by the Occupier for the purpose and the procedure laid down in the permit shall be

strictly followed.

(xii) The workers working on conveyor shall be adequately trained.

(xiii) No person shall be required or allowed to ride on conveyors.

(3) Conveyor Guarding.-(i) The Underpasses of the conveyor shall be securely guarded.

(ii) All the transfer points of conveyors system shall be adequately enclosed.

(iii) Where the top of hopper for feeding conveyor is less than 90 centimeters above ﬂ oor, the opening shall be

adequately guarded.

(iv) All the areas underneath the counterweight of the conveyor system shall be suitable (sic) barricaded so as to

prevent any person getting injured due to accidental fall of the ' counterweight '.

(v) Gears, sprockets, sheaves and other moving parts shall be either adequately guarded or positioned in such a way

as to protect workers against personal injuries.

(4) Safety Devices.-(i) A conveyor shall,-

(a) stop when its driving power is cut-oﬀ and remain stopped until the power is reconnected;

(b) have a provision at each point of loading or delivery of the conveyor, to stop the conveyor;

(c) not be capable of being restarted after having been stopped until the device, if any ,by which it is stopped is reset in

the running position; and

(d) where the conveyor can be stopped by means of a push button have provision whereby the push button can be secured

in the stop position.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) (a) Chord shall be provided on both sides of the belt along the walkway covering the entire length of the belt when

pulled shall stop the conveyor and the distance between two consecutive emergency stopping devices of the chords shall not

exceed 23 (twenty three) meters.

(b) For conveyers other than belt conveyors emergency stopping devices shall be provided at the accessible points throughout

the length of the conveyors and distance between the two consecutive devices shall not be more than 8 (eight) meters.

(iii) Overload protection device shall be provided so that when overloaded all starting devices shall get automatically

tripped oﬀ . In addition to such overload protection customarily provided for electric motors, there shall be an overload device

designed to protect the conveyor and mechanical drive parts. In the event of an overload, the device shall shut oﬀ the electric

power quickly, disconnect the conveyor or drive parts from the motive power, or limit the applied torque.

(iv) When a conveyor has stopped because of an overload, all starting devices shall be locked out and the cause of

the overload removed. The entire conveyor shall be inspected before it is restarted.

(v) If two or more conveyers are operated in series, conveyors shall be interlocked in such a way that if one conveyor

is stopped all other conveyors fed by it shall be stopped simultaneously.

(vi) Conveyors which carry loads up inclines shall be provided with mechanical devices that will prevent machinery

from reversing and carrying the loads back towards the loading point in the event of the power being cut-oﬀ .

(vii) The precautions necessary to avoid the accumulation of the static electricity shall be taken.

(5) Personal Protective Equipment.-The worker engaged in the operation of conveyors shall wear tight ﬁ tting clothing

and use appropriate personal protective equipment.

(6) Gravity Conveyers.-(i) The delivery ends of the conveyors shall be provided with electrically or mechanically operated

devices to give warning that a package is about to be delivered.

(ii) To prevent the spread of ﬁ re, the chute conveyors shall be,-

(a) enclosed in shafts made of ﬁ re resisting materials, with a door at each charging station and at the delivery

end; or

(b) provided with automatic ﬁ re doors or with draught checks where the chutes pass through the ﬂ oors.

(iii) The gravity roller conveyors shall be provided with guides or guard rails on each side of the conveyor way at

corners or turns and on each side of those portions of the conveyor way which are more than 5(ﬁ ve) feet above the ﬂ oor.

(7) Chain Conveyor.-(i) Overhead chain conveyor systems shall be so designed and installed that ample clearance is

provided between the material transported and any ﬁ xed or moving objects.

(ii) Apron conveyors used for carrying unpacked bottles, jars or other glass containers shall be provided with side rails

at a suitable distance above the conveying surfaces to prevent the containers from tipping over or falling oﬀ .

(iii) Return portion of a chain conveyor shall be adequately guarded.

(8) Bucket Conveyors.-(1) Inclined bucket conveyors shall be enclosed with solid guards which,

(a) are not less than 7 (seven) feet in height, but preferably extend to the full height of the machinery, so as

(i) to prevent anything being pushed or thrown into the shaft ways; and

(ii) to hold any material which might drop from the buckets; and

(b) are provided with wire-glass windows or doors or with removable sections to facilitate inspection, cleaning and repairs.

(2) Controls of movable tripping devices for bucket conveyors shall be so located that they can be operated from a safe

position.

(9) Screw Conveyors.-(i) Screw conveyors shall be placed in steel or steel-lined trough ﬁ tted with well secured tight covers

of not less than 3 (three) mm (1/8 inch) steel plates in removable sections and should be provided with second covers of heavy

wire mesh in corresponding removable sections underneath the solid top covers so as to guard the screw when the solid cover

is removed for inspection of the interior.

(ii) Inside cover of screw conveyors, or outside covers where so inside covers are provided, should be mechanically or

electrically interlocked with the control units or driving mechanisms in such a manner that the power is automatically shut oﬀ

whenever a section of the cover is removed.

(iii) No person shall be allowed/required to stand or walk on housings of screw conveyors.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(10) Pneumatic Conveyors.-(i) Blower or exhaust fans for pneumatic conveyors systems shall be

(a) of non-combustible construction;

(b) of adequate but not greatly excessive capacity properly to perform the functions required;

(d) so located and arranged as to aﬀ ord ready and safe access for cleaning, inspection, lubrication and repairing; and

(e) provided with remote control in addition to any controls located close to the systems.

(ii) Where readily ignitable materials are passed through fans for pneumatic conveyor systems, the blades and spiders

of the fans shall be of non-ferrous material; or the casings shall be lined with non-ferrous material.

(iii) Blades or runners of blower or exhaust fans for pneumatic conveyor systems shall be of suﬃ cient strength to

prevent contact with casings or distortion under conditions of deposit loading or other operating factors.

(iv) Housing or casings of blower or exhaust fans for pneumatic conveyors shall be so constructed as to prevent

distortion and loss of alignment under operating conditions.

(v) Intake openings of blowers or exhaust fans for pneumatic conveyors shall be protected with substantial metal

screens or gratings.

(vi) Bearing of blower or exhaust fans for pneumatic conveyors shall be self-lubricating, dust-tight, and located outside

casings and ducts.

(vii) Ducts for pneumatic conveyor systems shall be constructed of steel plate of adequate strength or other metal

equal in strength to steel plate.

(viii) Ducts for pneumatic conveyor systems shall be

(a) reasonably tight throughout, with no openings other than those required for the proper operation and maintenance of

the systems;

(b) substantially supported by metal brackets or hangers, and thoroughly braced where required ;and

(ix) Hand holes for cleaning purposes in ducts for pneumatic conveyors shall be equipped with tight-ﬁ tting sliding or

swinging doors provided with substantial latches.

(x) Where material is fed by hand into pneumatic conveyors through openings 30 (thirty) centimeters 12 (twelve)

inches or larger, provision shall be made to prevent worker from being drawn into the ducts, such as by installing feed hoppers

extending at least 1 (one) meter-40 (forty inches) from the ducts.

(xi) Doors of a pneumatic conveyor shall be so interlocked that they cannot be opened when there is positive internal

pressure and the conveyor cannot be started unless all the doors are closed.

161. Precautions against ionizing radiation: Notwithstanding anything contained in any other rules, all ionizing radiation

exposures shall be kept as low as reasonably achievable (ALARA) and suitable control measures shall be employed to minimize

radiation exposure of workers subject to the following dose limits.

Dose limits

Part of the body

(1)

Occupational exposure

(2)

Whole body

(Eﬀ ective dose)

20 mSv /year

averaged over 5 consecutive years

30 mSv in any single year

Lens of eyes

(Equivalent dose)

150 mSv in a year

Skin

(Equivalent dose)

500 mSv in a year

Extremities- Hands and Feet

(Equivalent dose)

500 mSv in a year

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Sඋඐඍඌඝඔඍ I

Manufacture of Aerated Waters and other Bottling Processes

(see rule 81)

1. Fencing of machines.-All machines for ﬁ lling bottles or syphons shall be so constructed, placed or fenced as to prevent

at far as may be practicable, a fragment of a bursting bottle or syphon from striking any person employed in the factory.

2. Face-guards and gauntlets.-(1) The occupier shall provide and maintain in good condition for the use of all persons

engaged in ﬁ lling 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 hands and arms.

Provided that,-

(i) paragraph 2 (1) shall not apply where bottles are ﬁ lled 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 bottle 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 corking, crowning,

screwing, wiring, foiling, capsuling, sighting, handling or labeling bottles or syphons—

(a) suitable face-guards to protect the face, neck and throat, and

(b) suitable gauntlets for both arms to protect the arm and atleast half of the palm and the space between the thumb and

foreﬁ nger.

3. Wearing of face-guards and gauntlets.-All persons engaged in any of the processes speciﬁ ed in paragraph (2) shall,

while at work in such processes, wear the faceguards and gauntlets provided under the provisions of the said paragraph.

Sඋඐඍඌඝඔඍ II

Phosphating, Electrolytic Plating or Oxidation of Metal Articles by use of an Electrolyte containing Acids, Bases or

Salts of Metals such as Chromium, Nickel, Cadmium, Zinc, Copper, Silver, Gold etc.

(see rule 81)

1. Application.-The provisions of this schedule shall apply to all factories in which Phosphating, Electrolytic plating or

oxidation of metal articles is carried on.

2. Deﬁ nitions.-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 the surface treatment wherein soluble metal phosphate layers

are formed.

3. Exhaust draught.-An eﬃ cient exhaust 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.

4. Floor or workrooms.-The ﬂ oor of every workroom containing a bath shall be impervious to water. The ﬂ oor shall be

maintained in good and level condition and shall be washed down at least once a day.

5. Protective devices.-(1) The occupier shall provide and maintain in good and clean condition the following articles of

protective devices for the use of all persons employed on any process and such devices shall be worn by the persons concerned.

(a) water proof aprons and bibs;

(b) for persons actually working at a bath, loose- ﬁ tting rubber gloves and rubber boots or other waterproof footwear, and

chemical goggles; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The occupier shall provide and maintain for the use of all persons employed suitable accommodation for the storage

and drying of protective devices.

6. Water facilities.-(1) There shall be provided and maintained in good repairs for the use of all persons employed in

electrolytic process and processes incidental to it -

(a) a wash place under cover, with either -

(i) a trough with a smooth impervious surface ﬁ tted with a waste pipe, and of suﬃ cient 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 intervals

of not more than 60 cms; or

(ii) at least one wash basin for every ﬁ ve such persons employed at any one time, ﬁ tted with a waste pipe and having a

constant supply of water laid on;

(b) a suﬃ cient 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

liters capacity shall be provided as a source of clean water for emergency use.

7. Cautionary placard.-A cautionary placard in the form speciﬁ ed below and printed in the language of the majority of the

employees employed shall be aﬃ xed in a prominent place in the factory where it can be easily and conveniently read by the

employees.

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 food stuﬀ or drink shall be brought in

this area.

3. Some of these chemicals maybe 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 ﬂ oor 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 records of examinations and tests.-(1) The occupier of every factory to which this Schedule

applies shall -

(a) employ a qualiﬁ ed medical practitioner for medical surveillance of the employees 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 suﬃ cient supply of suitable barrier cream, ointment and impermeable water proof plaster in a separate box

readily accessible to the employees 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 employees 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 Oﬃ cer.-(1) Every employee employed in the electrolytic processes shall be

examined by a Medical Oﬃ cer before his ﬁ rst employment. Such examination shall include X-ray of the chest and -

(a) in case of chromium plating, include examination for nasal septum perforation and test for chromium in urine;

(b) in case of nickel plating, test for nickel in urine; and

(2) No employee shall be employed in any electrolytic process unless certiﬁ ed ﬁ t for such employment by the Medical Oﬃ cer.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every employee employed in the electrolytic processes shall be re-examined by a Medical Oﬃ cer at least once in every

year except in case of the employees employed in cadmium, chromium and nickel plating processes for whom this examination

shall be carried out once in every six months. Such re-examination shall, wherever the Medical Oﬃ cer considers appropriate,

include tests as speciﬁ ed 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 Oﬃ cer after examining an employee shall issue a Certiﬁ cate of Fitness inFORM XXIII. The record of

examination and re-examinations carried out shall be kept in the custody of the Occupier of the factory. The record of each

examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests shall also be entered

by the Medical Oﬃ cer in a health register in FORM XXIV.

(5) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(6) If at any time the Medical Oﬃ cer is of the opinion that an employee is no longer ﬁ t for employment in the electrolytic

processes on the ground that continuance therein would involve danger to the health of the employee, 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 Medical

Oﬃ cer, in which case the person aﬀ ected shall be suitably rehabilitated.

(7) No person who has been found unﬁ t to work as said in sub-paragraph (6) shall be re-employed or permitted to work in

the said processes unless the Medical Oﬃ cer, after further examination again certiﬁ es him ﬁ t for employment in those processes.

10. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in the process

area wherein Phosphating, Electrolytic plating or oxidation of metal articles is carried on.

Sඋඐඍඌඝඔඍ III

Manufacture and Repair of Electric Accumulators

(see rule 81)

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. Deﬁ nitions.-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. Separation of certain processes.-Each of the following processes shall be carried on in such a manner under such

conditions as to secure eﬀ ectual 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;

(e) Melting down of pasted plates.

4. Air-space.-In every room in which a lead process is carried on, there shall be at least 14.2 cubic meters of air space

for each person employed therein, and in computing this air space no height over 3.7 meters shall be taken into account.

5. Ventilation.-Every workroom shall be provided with inlets and outlets of adequate size as to secure and maintain eﬃ cient

ventilation in all parts of the room.

6. Distance between employees in pasting room.-In every pasting room the distance between the centre of the working

position of any paster and that of the paster working nearest to him shall not be less than 1.5 meters.

7. Floor of work-rooms.-(1) The ﬂ oor 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 condition;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(c) kept free from materials, plant, or other obstruction not required for, or produced is the process carried on in the room.

(2) In all such rooms other than grid casting shops the ﬂ oor 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 shop the ﬂ oor 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 ﬂ oor shall also be

(a) kept constantly moist while work is being done;

(b) provided with suitable and adequate arrangements for drainage ;

8. 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;

(b) be kept free from all materials or plant not required for, or produced in, the process carried on thereat;

and all such work-benches other than those in grid casting shops shall

other work is being carried on thereat;

and, all such work-benches in grid casting shops shall

(d) be cleansed daily;

and every work-bench used for pasting shall -

(e) be covered throughout with sheet lead or other impervious material;

(f) be provided with raised edges;

(g) be kept constantly moist while pasting is being carried on.

9. Exhaust draught.-The following processes shall not be carried on without the use of an eﬃ cient 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, ﬁ ling or any other abrading or cutting of pasted plates giving rise to dust.

(e) Lead burning, other than

(i) "tacking" in the formation room;

(ii) chemical burning for the making of lead linings for cell cases necessarily carried on in such a manner, that the application

of eﬃ cient exhaust is impracticable.

Such exhaust draught shall be eﬀ ected by mechanical means and shall operate on the dust or fume given oﬀ as nearly as

maybe at its point of origin, so as to prevent its entering the air of any room in which persons work.

10. 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.

11. Container for dross.-A suitable receptacle with tightly ﬁ tting 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.

12. 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.

13. Racks or shelves in drying room.-The racks or shelves provided in any drying room shall not be more than 2.4

meters from the ﬂ oor not more than 61 centimeters in width: provided that as regards racks or shelves set or drawn from both

sides the total width shall not exceed 1.2 meters. Such racks or shelves shall be cleansed only after being thoroughly damped

unless an eﬃ cient suction cleaning apparatus is used for this purpose.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

14. Medical facilities and records of examinations and tests.-(1) The occupier of every factory in which manufacture

and repair of electric accumulators is carried on shall.-

(a) Employ a qualiﬁ ed medical practitioner for medical surveillance 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).

(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.

15. Medical examination by Medical Oﬃ cer.-(1) Every employee employed in lead processes shall be examined by

a Medical Oﬃ cer within 15 days of his ﬁ rst employment. Such examination shall include tests for lead in urine and blood,

Aminolevulinic Acid in urine, hemoglobin content stippling of cells and steadiness test. No employee shall be allowed to work

after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical Oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical Oﬃ cer at least once in every

three calendar months. Such re-examination shall, wherever the Medical Oﬃ cer considers appropriate, include tests speciﬁ ed

in sub-paragraph (1).

(3) The Medical Oﬃ cer after examining an employee shall issue a Certiﬁ cate of Fitness inFORM XXIII. The record

of examination and re-examinations carried out shall be entered in the certiﬁ cate and the certiﬁ cate 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 XXIV.

(4) The Certiﬁ cate 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 Oﬃ cer is of the opinion that an employee 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 employee 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 so suspended from the

process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

work in the said processes unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those

processes.

16. 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 waterproof apron

and waterproof footwear; 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.

17. Mess-room.-There shall be provided and maintained for the use of all persons employed in a lead process and remaining

on the premises during the meal intervals, a suitable mess-room which shall be furnished with (a) suﬃ cient 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.

18. Cloak-room.-There shall be provided and maintained for the use of all persons employed in a lead process,-

(a) A cloak-room for clothing put oﬀ during working hours with adequate arrangements for drying the clothing if wet. Such

accommodation shall be separate from any mess-room.

(b) Separate and suitable arrangements for the storage of protective clothing provided underparagraph 16.

19. 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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) a trough with a smooth impervious surface ﬁ tted with a waste pipe without plug, and of suﬃ cient length to allow of

at least 61 centimeters for every ﬁ ve 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 centimeters ; or

(ii) at least one wash basin for every live such persons employed at any one time, ﬁ tted with a waste pipe and plug

and having a constant supply of water laid on;

(iii) a suﬃ cient 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 employee;

and

(iv) a suﬃ cient supply of soap or other suitable cleansing material and of nail brushes.

(b) There shall in addition be provided means of washing in close proximity to the rooms in which manipulation of raw oxide

of lead or pasting is carried on if required by notice in writing from the Chief Inspector-cum-Facilitator.

20. Time to be 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 who has been employed in the manipulation of

raw oxide of lead or in pasting:

Provided that if there be one basin or 61 centimeters of trough for each such person this rule shall not apply.

21. Facilities for bathing.-Suﬃ cient 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 suﬃ cient supply of soap and

clean towels.

22. Food, drinks, 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.

23. Prohibition relating to Pregnant Women.- No pregnant women 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.

Sඋඐඍඌඝඔඍ IV

Glass Manufacture

(see rule 81)

1. Deﬁ nitions.-(1)For the purpose of this schedule -

(a) "Eﬃ cient exhaust draught" means localized ventilation eﬀ ected 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 eﬃ cient which fails to remove smoke generated

at the point where such gas, vapour, fume, or dusts originate.

(b) "Lead compound" means any compound of lead other than galena which, when treated in the manner described below,

yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding when calculated as lead

monoxide, 5 percent of the dry weight of the portion taken for analysis.

(2) The method of treatment shall be as follows:

A weighed 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 hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then ﬁ ltered.

The lead salt contained in the clear ﬁ ltrate shall then be precipitated as lead sulphide and weighed as lead sulphate.

2. Exhaust draught.-The following processes shall not be carried on except under an eﬃ cient 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.

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(g) All machineries involving the secondary processing on glass material

3. Floors and work-benches.-The ﬂ oor and work- benches of every room in which a dry compound of lead is manipulated

or in which any process is carried on giving oﬀ silica dust shall be kept moist and shall comply with the following requirements

The ﬂ oor shall be --

(a) of cement or similar material so as to be smooth and impervious to water ;

(b) maintained in sound conditions ; and

(c) cleansed daily after being thoroughly sprayed with water 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.

4. Use of Hydroﬂ uoric Acid.-The following provisions shall apply to rooms in which glass is treated with hydroﬂ uoric acid:

(a) There shall be inlets and outlets of adequate size so as to secure and maintain eﬃ cient ventilation in all parts of the room;

(b) the ﬂ oor 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 eﬃ cient exhaust draught shall be so contrived that the gases are exhausted downwards.

5. Storage and transport of Hydroﬂ uoric acid.-Hydroﬂ uoric acid shall not be stored or transported except in cylinders

or receptacles made of lead or rubber.

6. 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 operations of blowing, each day.

7. Work near furnaces.- (i) No person shall carry out any work near furnace within the distance dangerous to the health

and safety.

(ii) All precautions shall be taken to prevent de-hydration to the employees employed near-by.

8. Provision of safety arrangements.-(i) Suitable interlock arrangement shall be provided and maintained in all the

machines so as to ensure the safety of persons employed therein.

(ii) No process or work shall be carried on in such a manner as to cause risk of bodily injury to the persons employed.

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 room or work place wherein any process speciﬁ ed in paragraph 2 is carried on.

10. Protective clothing.-The occupier shall provide, maintain in good repair and keep in a clean condition for the use of

all persons employed in the processes speciﬁ ed in paragraph 3 suitable protective clothing, footwear and goggles according to

the nature of the work and such clothing, footwear, etc., shall be worn by the persons concerned.

11. Washing facilities.-There shall be provided and maintained in a cleanly state and in good repair for the use of all

persons employed in the processes speciﬁ ed in paragraph 3,-

(a) a wash place with either -

(i) a trough with a smooth impervious surface ﬁ tted with a waste pipe, without plug and of suﬃ cient length to allow of

at least 61 centimeters for every ﬁ ve 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 centimeters ; or

(ii) at least one wash basin for every ﬁ ve such persons employed at any one time, ﬁ tted with a waste pipe and plug

and having an adequate supply of water laid on or always readily available ; and

a suﬃ cient supply of clean towels made of suitable materials renewed daily with a suﬃ cient supply of soap or other suitable

cleansing material and of nail brushes ; and

(b) a suﬃ cient 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

12. Medical facilities and record of examinations and tests.-(1) The Occupier of every factory in which glass manufacturing

processes are carried out, shall -

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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 records 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.

13. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

processes speciﬁ ed in paragraph 2 are carried on.

Sඋඐඍඌඝඔඍ V

Grinding or Glazing of Metals and Processes Incidental thereto

(see rule 81)

1. Deﬁ nitions.-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 ﬁ tted;

(b) "Abrasive wheel' means a wheel manufactured of bonded emery or similar abrasive;

(d) "Glazing" means the abrading, polishing or ﬁ nishing 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 ﬁ rst 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 application of rod, bar or strip of metal

to such surface.

2. Safety precautions regarding grinding and glazing machinery.-(1) All collars, set screws, shafts, couplings, clutches,

keys, pulleys, keys and belts in polishing and grinding machines shall be eﬀ ectively guarded.

(2) (i) Defective wheels shall not be used.

(ii) Grinding wheels shall ﬁ t freely on their spindles. They shall never be forced on, nor shall they be let loose on

spindles.

(iii) The soft metal bushings at the centre shall not extend beyond the sides of the wheels. Wheels shall be kept as

true as practicable and work rests shall be kept adjusted close to wheels.

(iv) Wherever possible a compressible medium such as blotting paper, rubber or similar material, at least as large III

diameter as that of the ﬂ anges, shall be ﬁ tted between a wheel and each of its ﬂ anges.

(v) Projecting arbor ends of grinding and polishing wheels shall be eﬀ ectively guarded.

(3) Every emery or abrasive wheel shall be provided with a strong iron cover guard that shall enclose the wheel as far as

practicable to retain fragments in the event of bursting. The guard shall be securely attached to the frame of the machine or

other solid foundation.

(4) Wheels shall not be operated at a speed in excess of that which is recommended by the manufacturer.

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 ;

(b) a duct of adequate size, air-tight and so arranged as to be capable of carrying away the dust, which dust 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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that the Chief Inspector-cum-Facilitator may accept any other appliance that is, in his opinion, as eﬀ ectual

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 requirements 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 test shall be

rectiﬁ ed as soon as practicable.

(b) A register containing particulars of such examination and test shall be kept in FORM XXVII

8. Personnel Protective Equipment:-The occupier of every factory to which this schedule applies shall provide to employees

personnel protective equipments such as breathing apparatus, hand gloves, shoes, helmets, goggles, earplug, aprons, etc, as

per the relevant standard prescribed by the Bureau of Indian Standards and maintained in good conditions for use of every

person employed.

9. Medical facilities and record of examinations and tests.-(1) The Occupier of every factory in which grinding or glazing

of metals are carried out, shall

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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.

(3) Every employee employed in grinding or glazing of metal and processes incidental thereto shall be examined by a

Medical practitioner within 15 days of his ﬁ rst employment and re-examined at least once in every 12 calendar months.

Sඋඐඍඌඝඔඍ VI

Manufacture and Treatment of Lead and Certain Compounds of Lead

(see rule 81)

1. Definitions.-For the purposes of this schedule

(a) "Lead compound" means any compound of lead other than galena which, when treated in the manner described below,

yields to an aqueous solution of hydrochloric acid, a quantity of soluble lead compound exceeding, when calculated as lead

monoxide, ﬁ ve per cent. of the dry weight of the portion taken for analysis. In the case of paints and similar products and other

mixtures containing oil or fat the "dry weight" means the dry weight of the material remaining after the substance has been

thoroughly mixed and treated with suitable solvents to remove oil, fats, varnish or other media.

The method of treatment shall be as follows:-

A weighed quantity of the material which has been dried at 100°C and thoroughly mixed shall be continuously shaken

for one hour, at the common temperature with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25

per cent. by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then ﬁ ltered. The

lead salt contained in the clear ﬁ ltrate shall then be precipitated as lead sulphide and weighed as lead sulphate.

(b) "Eﬃ cient exhaust draught" means localized ventilation eﬀ ected by heat or mechanical means, for the removal of gas,

vapour, dust or fumes so as to prevent them (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 eﬃ cient which fails to remove smoke generated

at the point where such gas, vapour, fumes or dust originate.

(c) “Manipulation” means mixing, blending, ﬁ lling, emptying, grinding, sieving, drying, packing, sweeping, handling, using, etc.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

2. 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 de-silverising of lead or the melting of scrap

lead or zinc.

(d) The manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead.

(e) Handling or mixing of lead tetraethyl.

(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.

3. 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

4 to 11 are complied with.

4. Exhaust draught.-Where dust, fume, gas or vapour is produced in the process, provision shall be made for removing

them by means of any eﬃ cient exhaust draught so contrived as to operate on the dust, fume, gas or vapour as closely as

possible to the point of origin.

5. Medical facilities and records of examinations and tests.-(1) The Occupier of every factory to which the schedule

applies shall

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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.

(3) Every employee employed in the processes referred to in paragraph 3 shall be examined by a Medical practitioner

within 15 days of his ﬁ rst employment. Such examination shall include tests for lead in blood and urine, Aminolevulinic Acid in

urine, hemoglobin content, stippling of cells and steadiness tests. No employee shall be allowed to work after 15 days of his

ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical practitioner.

(4) Every employee employed in the said processes shall be re-examined by a Medical practitioner at least once in every

three calendar months. Such re-examination shall, wherever the Medical practitioner considers appropriate, include tests speciﬁ ed

in sub-paragraph (3).

6. 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 or workplace wherein any process speciﬁ ed in paragraph 2 is carried on and no

person shall remain in any such room during intervals for meals or rest.

7. Protective clothing.-Suitable protective overalls and head coverings shall be provided, maintained and kept clean by

the factory occupier and such overalls and head coverings shall be worn by the persons employed.

8. Cleanliness of workrooms, tools, etc.- The rooms in which the person’s arc employed and all tools and apparatus

used by them shall be kept in a clean state.

9. 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 ﬁ tted with a waste pipe without plug and of suﬃ cient length to allow at least

61 centimeters 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 centimeters ; or

(b) atleast one wash-basin for every ten persons employed at any one time, ﬁ tted with a waste pipe and plug and having a

constant supply of clean water, together with, in either case, a suﬃ cient supply of nail brushes, soap or other suitable cleansing

material and clean towels.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The facilities so provided shall be placed under the charge of a responsible person and shall be kept clean.

10. 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 suﬃ cient 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.

11. 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.

12. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

operations speciﬁ ed in paragraph 2.

Sඋඐඍඌඝඔඍ VII

Generation of Gas from Dangerous Petroleum

(see rule 81)

1. Flame traps.-The plant for generation of gas from dangerous petroleum and associated piping and ﬁ ttings shall be

ﬁ tted with atleast two eﬃ cient ﬂ ame traps so designed and maintained as to prevent a ﬂ ash back from any burner to the plant.

One of these traps shall be ﬁ tted as close to the plant as possible. The plant and all pipes and valves shall be installed and

maintained free from leaks.

2. Generating building or room.-All plants for generation of gas from dangerous petroleum erected after the coming into

force of the provisions speciﬁ ed 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 speciﬁ ed 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 ﬁ re-resisting materials.

3. Fire Extinguishers.-An eﬃ cient means of extinguishing petrol ﬁ res shall be maintained in an easily accessible position

near the plant for generation of gas from dangerous petroleum.

4. 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.

5. Escape of dangerous petroleum.-Eﬀ ective steps shall be taken to prevent dangerous petroleum from escaping into

any drain or sewer.

6. Prohibition relating to smoking, etc.,-No person shall smoke or carry matches, ﬁ re 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 he pasted in the factory prohibiting smoking and the carrying

of matches, ﬁ re or naked light or other means of producing a naked light or spark into such room or building.

7. Access to dangerous petroleum or container.-No unauthorized person shall have access to any dangerous petroleum

or to vessel containing or having actually contained (dangerous) petroleum.

8. Electric ﬁ ttings.-All electric ﬁ ttings shall be of ﬂ ame-proof construction and all electric conductors shall either be enclosed

in metal conduits or be lead sheathed.

9. 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 in the generating room or generating building.

10. Repair of containers.-No vessel that has contained petroleum shall be repaired 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 eﬀ ective steps have been taken to ensure that it has been rendered free

from dangerous petroleum or inﬂ ammable vapour.

11. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work or enter in

any building in which the generation of gas from dangerous petroleum is carried on.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Sඋඐඍඌඝඔඍ VIII

Cleaning, 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

(see rule 81)

1. Deﬁ nitions.-For the purposes of this schedule

(a) "Blasting" means cleaning, smoothing, peening, roughening or removing of any part of the surface of any article by

the use as an abrasive of a jet of sand, metal shot, or grit or other material, propelled by a blast, of compressed air or steam.

(b) "Blast enclosures" means a chamber, barrel cabinet or any other enclosure designed for the performance of blasting

therein.

or otherwise.

(d) "Cleaning of castings", where done as an incidental or supplemental process in connection with the making of metal

castings, means, the freeing of the casting from adherent sand or other substance and includes the removal of dross 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 to be done in blasting enclosure: Blasting shall not be

done except in a blasting enclosure and no work other than blasting and any work immediately incidental thereto and cleaning

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) Maintenance of blasting enclosure: Blasting enclosure shall always be maintained in good condition and eﬀ ective

measures shall be taken to prevent dust escaping from such enclosures and from any apparatus connected therewith, into the

air of any room.

(3) Provision of separating apparatus: There shall be provided and maintained for and in connection with every blasting

enclosure, eﬃ cient apparatus for separating, so far as practicable, abrasive which has been used for blasting and which is to

be used again as an abrasive, from dust or particles or other materials arising from blasting; and no such abrasive shall be

introduced into any blasting apparatus and used for blasting until it has been so separated:

Provided that this clause shall not apply, except in the case of blasting chambers, to blasting enclosures constructed

or installed before the coming into force of this Schedule, if the Chief Inspector-cum-Facilitator is of the opinion that it is not

reasonably practicable to provide such separating apparatus.

(4) Provision of ventilating plant: There shall be provided and maintained in connection with every blasting enclosure

eﬃ cient ventilating plant to extract, by exhaust draught eﬀ ected by mechanical means, dust produced in the enclosure. The

dust extracted and removed shall be disposed of by such method and in such a manner that it shall not escape into the air of

any room; and every other ﬁ ltering or settling device situated in a room in which persons are employed, other than persons

attending to such bag or other ﬁ ltering or settling device, shall be completely separated from the general air of that room in an

enclosure ventilated to the open air.

(5) Operation of ventilating plant: The ventilating plant provided for the purpose of sub- clause (4) shall be kept in continuous

operation wherever the blasting enclosure is in use whether or not blasting is actually taking place therein, and in the case of

a blasting chamber, it shall be in operation even when any person is inside the chamber for the purpose of cleaning.

(6) No person shall be required or allowed to work in blasting enclosure unless he is provided with suitable breathing

apparatus capable of continuous supply of fresh air.

(7) No process or work shall be carried on in such a manner as to cause risk of bodily injury to the persons employed.

4. Inspection and examination.-(1) Every blasting enclosure shall be examined by a qualiﬁ ed person once in every week

and specially tested by a competent person once in every six months, in which it is used for blasting. Every blasting enclosure,

the apparatus connected therewith and the ventilating plant shall be thoroughly examined and in the case of ventilating plant,

examined by a qualiﬁ ed person once in every month and tested by a competent person once in every six months.

(2) Particulars of the result of every such inspection, examination and test shall forthwith be entered in a register in FORM

XXV, which shall be kept in a form approved by the Chief Inspector-cum-Facilitator and shall be available for inspection by any

workman employed in, or in connection with, blasting in the factory. Any defect found on any such inspection, examination or test

shall be immediately reported by the person carrying out the inspection, examination or test to the Occupier or other appropriate

person and without prejudice to the foregoing requirements of this Schedule, shall be removed without avoidable delay.

5. Provision of protective helmets, gauntlets and overalls.- (1) There shall be provided and maintained for the use of

all persons who are employed in a blasting chamber, whether in blasting or in any work connected therewith or in cleaning such

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

a chamber, protective helmets of a type approved by a certiﬁ cate of the Chief Inspector-cum-Facilitator; and every such person

shall wear the helmet provided for this use whilst he is in the chamber and shall not remove it until he is outside the chamber

(2) Each protective helmet shall carry a distinguishing mark indicating the person by whom it is intended to be used and

no person shall be allowed or required to wear a helmet not carrying his mark or a helmet which has been worn by another

person and has not since be 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 meter per minute.

(4) Suitable gauntlets and overalls shall be provided for the use of all persons while performing blasting or assisting at

blasting and every such person shall, while so engaged, wear the gauntlet and overall provided.

6. Precautions in connection with cleaning and other work.- (1) Where any person is engaged upon cleaning of any

blasting apparatus or blasting enclosure or of any apparatus or ventilating plant connected therewith or the surroundings thereof

or upon any other work in connection with any blasting apparatus or blasting enclosure or with any apparatus or ventilating plant

connected therewith so that he is exposed to the risk of inhaling dust which has arisen from blasting, all practicable measures

shall be taken to prevent such inhalation.

(2) In connection with any cleaning operation referred to in clause 5 and the removal of dust from ﬁ ltering or settling devices

all practicable measures shall be taken to dispose of the dust in such manner that it does not enter the air of any room. Vacuum

cleaners shall be provided and used wherever practicable for such cleaning operations.

7. Storage accommodation for protective wear.-Adequate and suitable storage accommodation for the helmets, gauntlets

and overalls required to be provided by clause 5 shall be provided outside, and conveniently near to, every blasting enclosure

and such accommodation shall be kept clean. Helmets, gauntlets and overalls when not in actual use shall be kept in this

accommodation.

8. Maintenance and cleaning of protective wear.-All helmets, gauntlets, overalls, and other protective devices or clothings

provided and worn for the purpose of this Schedule, shall be kept in good condition and so far as is reasonably practicable

shall be cleaned 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 records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall,-

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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).

(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.

(3) Every employee employed in any of the processes to which this Schedule applies shall be examined by a Medical

practitioner within 15 days of his ﬁ rst employment and re-examined at least once in every 12 calendar months.

11. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any operations

directly or indirectly connected with blasting.

Sඋඐඍඌඝඔඍ IX

Liming and Tanning of Raw Hides and Skins, Wet Leather Finishing and Processes Incidental thereto

(see rule 81)

1. Cautionary notices.-(1) Cautionary notices as to anthrax in the form speciﬁ ed by the Chief Inspector-cum-Facilitator

shall be aﬃ xed 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 speciﬁ ed by the Chief Inspector-cum-Facilitator shall be given to

each person employed when he is engaged, and subsequently if still employed, on the ﬁ rst day of each calendar year.

(3) Cautionary notices as to the eﬀ ects of chrome on the skin shall be aﬃ xed 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 aﬃ xed 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) If any person employed in the factory is illiterate, eﬀ ective steps shall be taken to explain carefully to such illiterate person

the contents of the notices speciﬁ ed in paragraphs 1, 2, and 4 and if chrome solutions are used in the factory the contents of

the notice speciﬁ ed in Paragraph 3.

2. Protective clothing.-The occupier shall provide and maintain in good condition the following articles of protective clothing:-

(a) water-proof foot-wear, leg coverings, aprons and gloves for persons employed in process involving contact with chrome

solutions, including the preparation of such solution;

(b) gloves and boots for persons employed in lime-yard; and

other than in processes speciﬁ ed in clauses (a) and (b):

Provided that,—

(i) the gloves, aprons, leg coverings or boots may be of rubber or leather, but the gloves and boots to be provided

under sub-clauses (a) and (b) shall be of rubber;

(ii) the gloves may not be provided to persons ﬂ eshing by hand or employed in processes in which there is no risk of

contact with lime, sodium sulphide or other caustic liquor.

3. Precautions against dangerous fumes, gases, etc.- (1) No person shall be required or allowed to enter any chamber,

tank, vat, pit, pipe, ﬂ ue or other conﬁ ned space in any factory in which any gas, fume, vapour or dust is likely to be present to

such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or

other eﬀ ective means of egress.

(2) No person shall be required or allowed to enter any conﬁ ned space as is referred to in sub-paragraph (1), until all

practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level

within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless-

(a) a certiﬁ cate in writing has been given by a competent person, based on a test carried out by himself that the space is

reasonably free from dangerous gas, fume, vapour or dust; or

(b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is

held by a person outside the conﬁ ned space.

4.Ventilation.-Adequate ventilation arrangements shall be provided and maintained at all times in the process area where

dangerous or toxic or ﬂ ammable or explosive substances could be present. 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.

5. Washing facilities, mess-room and cloak-room.-There shall be provided and maintained in a cleanly state and in

good repair for the use of all persons employed

(a) a trough with a smooth impervious surface ﬁ tted with a waste pipe without plug, and of suﬃ cient length to allow at least

61 centimeters 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 centimeters ; or

(b) at least one wash-basin for every ten such persons employed at any one time, ﬁ tted with a waste pipe and plug

and having a constant supply of water together with, in either case, a suﬃ cient supply of nail brushes, soap or other suitable

cleansing material, and clean towels ;

furnished with suﬃ cient tables and benches and adequate means for warming food and for boiling water.

The mess-room 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 a responsible person ;

(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 a responsible person.

6. 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 work room or shed in which hides or skins are stored, treated or manipulated.

7. Medical facilities and records of examination and tests.-(1) The occupier of every factory to which the schedule

applies, shall

(a) employ a qualiﬁ ed medical practitioner for medical surveillance of the employees employed therein whose employment

shall be subject to the approval of the Chief Inspector-cum-Facilitator;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) Provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a);

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.

(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 Medical oﬃ cer.-(1) Every employee employed in any of the processes to which this Schedule

applies shall be examined by a Medical oﬃ cer within 15 days of his ﬁ rst 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 ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical oﬃ cer.

(2) Every employee employed in the said process shall be re-examined by a Medical oﬃ cer at least once in every 12

calendar months and such re-examination shall, wherever the Medical oﬃ cer considers appropriate, include tests as speciﬁ ed

in sub-paragraph (1).

(3) The Medical officer after examining an e m pl oy ee , shall issue a certificate of fitness in

FORM XXIII. The record of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate

shall be kept in the custody of the Occupier of the Factory. The record of each examination carried out under subparagraphs

(1) and (2), including the nature and the results of the tests, shall also be entered by the Medical oﬃ cer in a Health Register

in FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical oﬃ cer is of the opinion that an employee 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 employee, 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 so suspended from

the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Certifying

Surgeon, in which case the person aﬀ ected shall be suitably rehabilitated.

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

work in the said processes unless the Medical oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those

processes.

Sඋඐඍඌඝඔඍ X

Painting, Powder Coating and Process Incidental thereto

(see rule 81)

1. Application.-The provisions of this schedule shall apply to all factories or parts of factories in which Painting, Powder

Coating and incidental processes is carried on.

2. Deﬁ nitions.-For the purposes of this Schedule.-

(a) “Powder Coating”means electrostatic spray deposition of dry powder on to the surface of the substrate; and

(b) “painting” includes varnishing, lacquering and incidental processes.

3.Ventilation.-(1) Adequate ventilation arrangements shall be provided and maintained at all times in the process area

referred in paragraph (1) where dangerous or toxic or ﬂ ammable or explosive dust, fumes and vapours could be present. These

arrangements shall ensure that concentrations, which are either harmful or could result in ﬁ re or explosion, are not permitted

to be built up in the work environment.

(2) No person shall be required or allowed to work inside the chamber or booth unless he is provided with suitable breathing

apparatus capable of continuous supply of fresh air.

(3) No process or work shall be carried on in such a manner as to cause risk of bodily injury to the persons employed.

4. Position of spray operators.-Arrangement 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 outﬁ t and the article being sprayed.

5. Precautions against ignition.-Wherever there is danger of ﬁ re or explosion from accumulation of ﬂ ammable or explosive

dust, fumes or vapours in air:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed

and maintained as to prevent the danger of their being a source of ignition;

(b) eﬀ ective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;

(c) employees shall wear shoes without iron or steel nails or any other exposed ferrous materials which is likely to cause

sparks by friction;

(d) smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited ;

(e) transmission belts with iron fasteners shall not be used; and

(f) all other precautions as are reasonably practicable, shall be taken to prevent initiation of ignition from all other possible

sources such as open ﬂ ames, frictional sparks overheated surfaces of machinery or plant, chemical or physical chemical reaction

and radiant heat.

6. Washing facilities.-There shall be provided and maintained in a cleanly state and in good repair for the use of all

persons employed

(a) a trough with a smooth impervious surface ﬁ tted with a waste pipe without plug, and of suﬃ cient length to allow at least

61 centimeters 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 centimeters ; or

(b) at least one wash-basin for every ten such persons employed at any one time, ﬁ tted with a waste pipe and plug

and having a constant supply of water together with, in either case, a suﬃ cient supply of nail brushes, soap or other suitable

cleansing material, and clean towels

7. 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 work room or shed in which any process speciﬁ ed in paragraph 2 is carried on and no

person shall remain in any such room during intervals for meals or rest.

8. Medical facilities and records of examination and tests.-(1) The occupier of every factory to which the schedule

applies, shall,-

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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);

(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.

(3) Every employee employed in any of the processes to which this Schedule applies shall be examined by a Medical

practitioner within ﬁ fteen days of his ﬁ rst employment. No employee 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 practitioner.

(4) Every employee employed in the said processes shall be re-examined by a Medical practitioner at least once in every

12 calendar months.

9. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in the process

area wherein painting or powder coating process is carried on.

Sඋඐඍඌඝඔඍ XI

Graphite Powdering

(see rule 81)

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. Medical certiﬁ cates and examinations.- (1) No person shall be employed in any factory for more than ﬁ fteen days in

the year upon any of the operations speciﬁ ed in paragraph 1 above unless a special certiﬁ cate of ﬁ tness in FORM XXIII, granted

to him by a Medical Oﬃ cer, 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 certiﬁ cate referred to in sub-paragraph

(1) has been granted shall carry with him while at work a token giving reference to such certiﬁ cate.

(3) Every person so employed shall be medically examined by a Medical Oﬃ cer at intervals of not more than six months

and a record of such examination shall be entered in the special certiﬁ cate granted under sub-paragraph (1).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) if at any time a Medical Oﬃ cer is of opinion that any person is no longer ﬁ t for employment upon any of the operations

speciﬁ ed in paragraph 1 above he shall cancel the special certiﬁ cate of ﬁ tness granted to that person.

(5) No person whose special certiﬁ cate of ﬁ tness has been can-celled shall be employed upon any of the operations

speciﬁ ed in paragraph 1 above unless a Medical Oﬃ cer again certiﬁ es him to be ﬁ t.

3. Exhaust draught.-Provisions shall be made for removing the dust produced in any of the operations speciﬁ ed in

paragraph 1 above by means of an eﬃ cient 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 eﬃ cient condition by the occupier

and worn by every person working under such conditions ; and

(b) the damping of ﬂ oors, apparatus and material to prevent the raising of dust.

4. Floor and work benches.-(1) The ﬂ oor of every room in which any person is employed upon any of the operations

speciﬁ ed in paragraph 1 above shall be of cement or other impervious material.

(2) The top of every work-bench in every such room shall be of impervious material.

(3) The said ﬂ oors and work-benches shall be kept clean and in good condition.

(4) The Inspector-cum-Facilitator may, by order in writing, require the said ﬂ oors and work-benches to be kept wet in such

manner as he may deem suitable, in order to reduce dust.

5. 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 speciﬁ ed in paragraph 1 above either (a) a trough with smooth impervious surface ﬁ tted

with a waste-pipe without plug, and of suﬃ cient length to allow at least 61 centimeters for every ﬁ ve 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

centimeters, or (b) at least one lavatory basin for every ﬁ ve such persons employed at any one time, ﬁ tted with a waste pipe and

plug having a constant supply of water, together with, in either case a suﬃ cient supply of nail brushes, soap or other suitable

cleaning material and clean towels.

6. Food, drink, and tobacco.-No food, drink, pan and supari or tobacco shall be brought into, or consumed, in any room

in which any person is employed upon any of the operations speciﬁ ed in paragraph 1 above.

7. Protective equipments.-Adequate protective clothing, such as over-alls in a clean condition and dust masks shall be

provided by the occupier to every person employed upon any of the operations speciﬁ ed in paragraph 1 above.

8. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

operations speciﬁ ed in paragraph 1.

Sඋඐඍඌඝඔඍ XII

Printing Press and Type Foundries - Certain Lead Process carried on therein

(see rule 81)

1. Deﬁ nitions.-In these regulations - (1)'Lead material' means material containing not less than 5 Percent of lead.

(2) 'Lead process' means

(a) the melting of lead or any lead material for casting and mechanical composing;

(b) the recharging of machines with used lead material; or

(d) Manipulation, movement or other treatment of lead material.

(3) 'Eﬃ cient exhaust draught' means localized ventilation eﬀ ected 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 eﬃ cient which fails to remove gas, vapour, fume or dust at the point where they originate.

2. Exhaust draught.-None of the following process shall be carried on except with an eﬃ cient exhaust draught:

(a) melting lead material or slugs ;

(b) heating lead material so that vapour containing lead is given oﬀ ; or

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

unless carried on in such a manner as to prevent free escape of gas, vapour, fumes or dust into any place in which

work is carried on ; or

unless carried on in electrically heated and thermostatically controlled melting pots.

Such exhaust draught shall be eﬀ ected by mechanical means and so contrived as to operate on the dust, fume, gas

or vapour given oﬀ as closely as may be at its point of origin.

3. Separation of certain processes.-Each of the following processes shall be carried on in such a manner and under

such conditions as to secure eﬀ ectual separation from one another and from any other process:

(a) melting of lead or any lead material;

(b) casting of lead ingots ;

4. Container for dross.-A suitable receptacle with tightly ﬁ tting 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.

5. Floor of workroom.-The ﬂ oor 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

carried on at the place.

6. 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 suﬃ cient tables and benches.

7. 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 with either

(i) a trough with smooth impervious surface ﬁ tted with a waste pipe without plug, and of suﬃ cient length to allow at least

61 centimeters for every ﬁ ve 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 centimeters , or

(ii) at least one wash basin for every ﬁ ve such persons employed at any one time, ﬁ tted with a waste pipe and plug and

having an adequate supply of water laid on or always readily available ; and

(b) a suﬃ cient supply of clean towels made of suitable material renewed daily with a suﬃ cient supply of soap or other

suitable cleaning material.

8. Medical facilities and records of examination and tests.-(1) The occupier of every factory to which the schedule

applies, shall

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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).

(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.

9. Medical Examination by Medical Oﬃ cer.-(1) Every employee employed in a lead process shall be examined by a Medical

Oﬃ cer within 15 days of his ﬁ rst employment. Such examination shall include tests for lead in urine and blood, Aminolevulinic

Acid in urine, hemoglobin, stippling of cells and steadiness tests. No employee shall be allowed to work after 15 days of his

ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical Oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical Oﬃ cer at least once in every six

calendar months. Such re- examination shall, wherever the Medical Oﬃ cer considers appropriate, include tests as speciﬁ ed in

sub-paragraph (1).

(3) The Medical Officer after examining an employee, shall issue certificate of fitness in FORM XXIII. The record

of examination and re-examinations carried out shall be entered in the Certificate and the Certificate shall be kept in

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

the custody of the Occupier of the Factory. The record of each examination carried out under sub- paragraphs (I) and

(2), including the nature and the results of the tests, shall also be entered by the Medical Oﬃ cer in a Health Register in

FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical Oﬃ cer is of the opinion that an employee 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 employee, 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 include the period

for which he considers that the said person is unﬁ t for work in the said processes. The person so suspended from the process

shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer, in which

case the person aﬀ ected shall be suitably rehabilitated.

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

to work in the said process unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those

processes.

10. Food, drinks, etc., prohibited in work rooms.-No food, drink, pan and supari or tobacco shall be consumed or brought

by any employee into any work-room in which any lead process is carried on.

11. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any lead

process.

Sඋඐඍඌඝඔඍ XIII

Cashew-Nut Processing

(see rule 81)

1. Application.-The provisions of this schedule shall apply to all factories in which roasting, scrubbing or shelling of cashew-

nuts or extracting oil from cashew- nuts or cashew-nuts shells is carried on.

2. Protective clothing and equipment.-The occupier shall provide and maintain --

(i) for the use of all persons employed in roasting or scrubbing of cashew-nuts or extracting oil from cashew-nuts or

cashew- nuts shells

(a) suitable rubber or washable leather gloves,

(b) suitable impervious aprons with sleeves to cover the body down to the knees and shoulders, and

(ii) for the employees employed in cashew- nut shelling, either,

(a) protective ointment containing 10 per cent of shellac, 55 percent of alcohol, 10 per cent. of sodium perborate, 5 percent

of carbitol and 20 percent of talc, or

(b) a suﬃ cient 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.

3. Use of protective clothing and equipment.-Every person employed in the processes speciﬁ ed in paragraph 1, shall

make use of the protective clothing and equipment supplied and arrangement shall be made by the occupier to supervise their

maintenance and cleanliness.

4. Disposal of shells, ashes or oil of cashew-nut.-(i) Shells, ashes or oil of cashew-nut shall not be stored in any room

in which employees are employed and shall be removed atleast twice a day to any pit or enclosed place in the case of shells

and ashes and to closed containers kept in a separate room in the case of oil.

(ii) No employee shall be allowed to handle shells or oil of cashew-nut without using the protective measures provided

in paragraph 3.

5. Floors of work-rooms.-The ﬂ oor of every work-room in which the processes speciﬁ ed 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 cashew- nut oil in any work-room shall be washed with soap and cleaned immediately.

6. Seating accommodation.-Employees engaged in shelling of cashew-nuts shall be provided with adequate seats of

work benches which shall be cleaned daily.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

7. Mess-room.-(a) There shall be provided and maintained for the use of all persons employed in the processes speciﬁ ed

in paragraph 1, a suitable rest room furnished with a suﬃ cient number of tables and chairs or benches ;

(b) Separate lockers shall be provided where food, etc., shall be stored by employees before it is consumed in the rest room.

8. Food, drinks, etc., prohibited in work-rooms.-No food, drink, pan, supari or tobacco shall be brought or consumed

by any employee in any room in which the processes speciﬁ ed is paragraph 1 are carried out and no person shall remain in

any such room during intervals for meals or rest.

9. Washing facilities.-Where roasting, scrubbing and shelling of cashew- nuts or extracting oil from cashew-nuts or cashew-

nuts 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 4 feet apart and also a suﬃ cient

supply of soap, coconut oil, nail brushes and towels.

10. 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 process speciﬁ ed in paragraph 1, for the purpose

of washing.

11. Smoke or gas produced by roasting cashew-nuts.-Where smoke or gas is produced in the operation of roasting,

provision shall be made for removing the smoke or gas through a chimney of suﬃ cient 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.

12. 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.

13. Medical facilities and records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall

(a) employ a qualiﬁ ed Medical Practitioner for medical surveillance of the employees employed therein whose employment

shall be subject to the approval of the Chief Inspector-cum-Facilitator; and

(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 speciﬁ ed

in paragraph 1.

(3) The record of such examinations 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 ﬁ rst-aid box maintained shall also contain Burrough's Solution (1:20) and aqueous solution of tannic acid (10%)

for treatment of cases of dermatitis.

14. Medical Examination by Medical Oﬃ cer.-(1) Every employee employed in the processes speciﬁ ed in paragraph (1)

shall be examined by a Medical Oﬃ cer within 15 days of his ﬁ rst employment. Such examinations shall include skin test for

dermatitis and no employee shall be allowed to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for

such employment by the Medical Oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical Oﬃ cer at least once in every three

calendar months. Such examinations shall, wherever the Medical Oﬃ cer considers appropriate, include asking test for dermatitis.

(3) The Medical Oﬃ cer after examining anemployee, shall issue a certiﬁ cate of ﬁ tness in FORM XXIII. The record

of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate 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 Oﬃ cer in a Health Register in

FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical Oﬃ cer is of the opinion that an employee 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 employee, 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 to work in the said processes. The person so suspended from the

process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

the said processes unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those processes.

15. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

processes speciﬁ ed in paragraph 1 except in shelling of roasted cashew-nuts.

Sඋඐඍඌඝඔඍ XIV

Dyeing, Stenciling, Printing and Incidental Processes

(see rule 81)

1. Application.-These provisions shall apply to any factory or such parts of any factory in which dyeing, stenciling, printing

and incidental processes is carried on.

2. Ventilation.-(1) Adequate ventilation arrangements shall be provided and maintained at all times in the process area

referred in clause (1) where dangerous or toxic or ﬂ ammable or explosive dust, fumes and vapours could be present. These

arrangements shall ensure that concentrations, which are either harmful or could result in ﬁ re or explosion, are not permitted

to be built up in the work environment.

(2) No process or work shall be carried on in such a manner as to cause risk of bodily injury to the persons employed.

3.Protective measures.-(1)The occupier shall provide free of cost and maintain in a good condition for use of all persons

engaged in the operations speciﬁ ed 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 of the Chief Inspector-cum-Facilitator shall be necessary for the

protection of employees.

(2) All persons engaged in any of the operations speciﬁ ed in clause 1, shall while at work in those processes, make use

of the materials and appliances provided under sub-clause (1).

4. Precautions against ignition.-Wherever there is danger of ﬁ re or explosion from accumulation of ﬂ ammable or explosive

dust, fumes or vapours in air:-

(a) all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed

and maintained as to prevent the danger of there being a source of ignition;

(b) eﬀ ective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;

(c) Employees shall wear shoes without iron or steel nails or any other exposed ferrous materials which is likely to cause

sparks by friction;

(d) smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited ;

(e) transmission belts with iron fasteners shall not be used; and

(f) all other precautions as are reasonably practicable, shall be taken to prevent initiation of ignition from all other possible

sources such as open ﬂ ames, frictional sparks overheated surfaces of machinery or plant, chemical or physical chemical reaction

and radiant heat.

5. Food and drink.-No food or drink shall be brought into or consumed in, in any room in which any of the operations

speciﬁ ed in clause 1 is carried on.

6. Floor of work-rooms.-The ﬂ oor of every room in which any of the operations speciﬁ ed 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 condition; and

7. Washing facilities.-(i) The occupier shall provide and maintain for the use of all persons employed in operations speciﬁ ed

in clause 1, suitable washing facilities consisting of :

(a) a masonry or steel water tank capable of holding suﬃ cient water and having taps at the rate of one tap for every ten

persons employed at any one time, the ﬂ oor around the tank and below the taps being cement plastered and maintained in

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

sound and clean condition and suitable and adequate arrangements for drainage being provided around the tanks and the taps ;

(b) suﬃ cient supply of nail brushes, non-irritable soap or other suitable cleansing 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 purpose in the speciﬁ ed proportion:

(a) wash with sulphonated oil followed by water ;

(b) wash in 1 to 2000 solution of potassium permanganate;

(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 speciﬁ ed in clause 1 shall be medically

examined by a Medical Oﬃ cer within ﬁ fteen days of his ﬁ rst employment in such operations and thereafter shall be examined

by the Medical Oﬃ cer at intervals of not more than twelve months and a record of such examinations shall be entered by the

Medical Oﬃ cer in the Health Register in FORM XXIV.

(2) A Health Register in FORM XXIV containing the names of all persons employed in the operations speciﬁ ed in clause

1 shall be kept.

(3) No person after suspension shall be employed unless the Medical Oﬃ cer after re-examination again certiﬁ es him to

be ﬁ t for employment.

Explanation: 'Suspension' means suspension from employment in any of the operations speciﬁ ed in clause 1 by written

certiﬁ cate in the Health Register signed by the Medical Oﬃ cer 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 aﬀ ected by chronic dermatitis;

(ii) The occupier shall notify to the Medical Oﬃ cer all cases of dermatitis.

10. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

operations speciﬁ ed in clause 1.

Sඋඐඍඌඝඔඍ XV

Pottery

(see rule 81)

1. Deﬁ nitions.-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, any other materials such as quartz, ﬂ int, feldspar and gypsum.

(b) 'eﬃ cient exhaust draught' means localized ventilation aﬀ ected by mechanical or other means, for the removal of dust

or fume so as to prevent it from escaping into the air or any place in which work is carried on. No draught shall be deemed

eﬃ cient which fails to remove eﬀ ectively 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' mean 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 add more than ﬁ ve per cent. of its dry

weight of a soluble lead compound calculated as lead monoxide when determined in the manner described below: —

A weighed quantity of the material which has been dried at 100°C and thoroughly mixed shall be continuously shaken

for one hour at the common temperature with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25

per cent. by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then ﬁ ltered. The

lead salt contained in the clear ﬁ ltrate shall then be precipitated as lead sulphide and weighed as lead sulphate;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f) 'ground or powdered ﬂ int or quartz' does not include natural sands ;

(g) 'potter's shop' includes all places where pottery is ﬁ rmed by pressing or by any other process and all places where

shaping, fettling or other treatment of pottery articles prior to placing for the biscuit ﬁ re is carried on.

2. Eﬃ cient exhaust draught.-The following processes shall not be carried on without the use of an eﬃ cient 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 ﬁ nishing of pottery articles without the aid of mechanical power;

(iii) The sifting of clay dust or any other material for making tiles or other articles by pressure, except where

(a) this is done in a machine so enclosed as to eﬀ ectively 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 ﬂ int,

quart, alumina or other materials are involved ;

(vii) The brushing of earthenware biscuit, unless the process is carried on in a room provided with eﬃ cient general

mechanical ventilation or other ventilation which is certiﬁ ed by the Inspector-cum-Facilitator as adequate, having regard to all

the circumstances of the case ;

(viii) Fettling of biscuit ware which has been ﬁ red in powdered ﬂ int or quartz except where this is done in machines

so enclosed as to eﬀ ectively prevent the escape of dust;

(ix) Ware cleaning after the application of 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 eﬀ ectively prevent the escape of dust or is so damp that no dust can be given oﬀ ;

(xi) Sieving or manipulation of powdered ﬂ int, quartz, day 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 an eﬃ cient water spray is used on the wheel ;

(xiii) Lifting and conveying of materials by elevators and conveyors unless they are eﬀ ectively 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 ﬂ ow material, awning of dry colours, colour dusting and colour blowing;

(xv) Mould making, unless the bins or similar receptacles are used for holding plaster of paris and provided with

suitable covers;

(xvi) The manipulation of calcined materials unless the material has been made and remain so wet that no dust is

given oﬀ .

3. Certain processes to be carried on so as to secure eﬀ ective 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 eﬀ ectual separation from one

another, and from wet processes:

(a) Crushing and by grinding or sieving of materials, fettling, pressing of tiles, drying clay and green ware, loading and

unloading of saggars; and

(b) all processes involving the use of a dry lead compound.

4. Restriction on the use of glaze.-No glaze which is not a leadless glaze or a low solubility glaze shall be used in a

factory in which pottery is manufactured.

5. Potter's wheel.-The potter's wheel (Jolly and Jiggar) shall be provided with screens or so constructed as to prevent clay

scrapings being thrown oﬀ beyond the wheel.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

6. Prevention of dust.-(1) All practical measures shall be taken by damping or otherwise to prevent dust arising during

cleaning of ﬂ oors.

(2) Damp saw dust or other suitable materials shall be used to render the moist method eﬀ ective in preventing dust rising

into the air during the cleaning process which shall be carried out after work has ceased.

7. Floors.-The ﬂ oors of potters' shops, slip houses, dipping houses and ware cleaning rooms shall be hard, smooth and

impervious and shall be thoroughly cleaned daily by a moist method by an adult male.

8. Medical facilities and records of examinations and tests.-(1) The occupier of every factory in which manufacture of

pottery is carried on, shall --

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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).

(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.

9. Medical Examination by Medical Oﬃ cer.-(1) Every employee employed in any process mentioned under paragraph 2,

shall be examined by a Medical Oﬃ cer within 15 days of his ﬁ rst employment. Such examination shall include tests for lead in

urine and blood, ALA in urine, hemoglobin content, stippling of cells and pulmonary function test and chest X-ray for employees

engaged in processes mentioned in clauses (i) and (xiv) of paragraph 2 and pulmonary function tests and chest X-rays for the

others. No employee shall be allowed to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such

employment by the Medical Oﬃ cer.

(2) All persons employed in any of the processes included under sub-paragraph 2 (i) and (xiv) shall be examined by a

Medical Oﬃ cer once in every three calendar months. Those employed in any other processes mentioned in the remaining sub-

paragraphs of paragraph 2 shall be examined by a Medical Oﬃ cer once in every twelve calendar months. Such examinations

in respect of all the employees shall include all the tests as speciﬁ ed in sub-paragraph (1) except chest X-ray which will be

once in three years

(3) The Medical Oﬃ cer, after examining an employee, shall issue certiﬁ cate of ﬁ tness in FORM XXIII. The record of

examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate 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 Oﬃ cer in a Health Register in FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical Oﬃ cer is of the opinion that an employee 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 employee, 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 so suspended from the

process, shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

work in the said processes unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those

processes.

10. Protective equipment.-(1) The occupier shall provide and maintain suitable overalls and head coverings for all persons

employed in any process speciﬁ ed 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, dippers' assistants, throwers, jolly employees, casters, mould makers and ﬁ lter press and pug mill

employees.

(3) Aprons provided in pursuance of sub- paragraph (2) shall be thoroughly cleaned daily by the wearers by sponging or

other wet process. All overalls and head coverings shall be washed, cleaned and mended atleast 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 sacks of dusty materials, weighing out and mixing of dusty materials

and charging of ball mills and blungers without wearing a suitable and eﬃ cient dust respirator.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

11. Washing facilities.-The occupier shall provide and maintain, in a cleanly state and in good repair for the use of all

persons employed in any of the processes speciﬁ ed in paragraph 2 a wash place under cover with --

(a) either a trough with smooth impervious surface ﬁ tted with a waste pipe, without plug, and of suﬃ cient length to allow

atleast 60 centimeters for every ﬁ ve 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 centimeter ; or

atleast one tap or stand pipe for every ﬁ ve 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 meters apart ; and

(b) a suﬃ cient supply of clean towels made of suitable materials changed daily, with suﬃ cient supply of nail brushes and soap.

12. Time allowed for washing.- Before each meal and before the end of the day's work at least ten minutes, in addition to

the regular meal times, shall be allowed for washing to each person employed in any of the processes speciﬁ ed in paragraph 2.

13. Mess-room.-(1) There shall be provided and maintained for use of all persons remaining within the premises during

the rest intervals, a suitable and an adequate mess room providing accommodation at the rate of 0.93 square meters per head

and furnished with the following, namely:

(i) a suﬃ cient number of tables and chairs or benches with back rests ;

(ii) arrangements for washing utensils;

(iii) adequate means for warming food ; and

(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.

14. 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 work-room in which any process speciﬁ ed in paragraph 2 is carried on and no person shall

remain in any such room during intervals for meals or rest.

15. Cloak-room, etc.- There shall be provided and maintained for the use of all persons employed in any process speciﬁ ed

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 10.

16. Savings.-Nothing contained in this Schedule shall apply to a factory in which any of the following articles, but no other

article of pottery are made:

(a) unglazed or salt glazed bricks and tiles ; and

(b) Architectural terra-cotta made from plastic clay and either unglazed or glazed with leadless glaze only.

17. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

operations speciﬁ ed in paragraph 2 are carried on.

Sඋඐඍඌඝඔඍ XVI

Chemical Works

(see rule 81)

PART I

1. Application.-This schedule shall apply to all manufacture and processes incidental thereto carried on in chemical works.

2. Deﬁ nition.-For the purpose of this Schedule

(a) "chemical works" means any factory or such parts of any factory as are listed in Appendix 'A' to this schedule;

(b) "eﬃ cient exhaust draught" means localized ventilation eﬀ ected 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;

(d) "chlorate" means chlorate or perchlorate;

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(e) "caustic" means hydroxide of potassium or sodium;

(f) "chrome process" means the manufacture of chromate or bi-chromate of potassium or 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 of benzene or its homologues

and the making of explosives with the use of any of these substances;

(h) the term 'permit to work' system means the compliance with the procedures laid down under paragraph 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 suﬃ cient quantities cause fatality or exert serious aﬄ iction of health or chronic harmful

eﬀ ects on the health of persons exposed to it due to its inherent chemical or biological eﬀ ects in respect of substances whose

TLV is speciﬁ ed in rule 97, exceeding the concentration speciﬁ ed therein would make the substance toxic ;

(j) "emergency" means a situation or condition leading to a circumstance or set of circumstances in which there is danger

to the life or health of persons or which could result in big ﬁ re or explosion or pollution to the work and outside environment,

aﬀ ecting the employees or neighborhood in a serious manner, demanding immediate action;

(k) "dangerous chemical reactions" means high speed reactions, run-away reactions, delayed reactions, etc., and are

characterized by evolution of large quantities of heat, intense release of toxic or ﬂ ammable gases or vapors, sudden pressure

build-up, etc;

(l) "manipulation" means mixing, blending, ﬁ lling, 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 speciﬁ cations or in the absence of it, personal protective equipment approved by the Chief Inspector-cum-Facilitator;

(n) "appropriate personal protective equipment" means that when the protective equipment is used by the employee, he

shall have no risk to his life or health or body ; and

(o) "conﬁ ned space" means any space by reason of its construction as well as in relation to the nature of the work carried

therein and where hazards to the persons entering into or working inside exist or are likely to develop during working.

PART II

General Requirements

Applying to all the works in Appendix ‘A’

1. House keeping.-(1) Any spillage of materials shall be cleaned up before further processing.

(2) Floors, platforms, stairways, passages and gangways shall be kept free of any obstructions.

(3) There shall be provided easy means of access to all parts of the plant to facilitate cleaning.

2. Improper use of chemicals.-No chemicals or solvents or empty containers containing residual chemicals, solvents or

vapours 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 heated or

consumed on or near any part of the plant or equipment.

4. Cautionary notices and instructions.- (1) Cautionary notices in a language understood by the majority of employees

shall be prominently displayed in all hazardous areas drawing the attention of all employees about the hazards to health,

hazards involving ﬁ re and explosion and any other hazard such as consequences of testing of material or substances used in

the process or using any contaminated container for drinking or eating, to which the 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 speciﬁ c hazards to which they may be exposed to,

in the normal course of their work. Such instructions and education should also deal with the hazards involved in unauthorized

and unsafe practices including the properties of substances used in the process under normal conditions as well as abnormal

conditions and the precautions to be observed against each and every hazard. Further, an undertaking from the employees

shall be obtained within one month of their employment, to the eﬀ ect 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

personnel shall include the signiﬁ cance of diﬀ erent types of symbols and colors 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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

steps to ascertain deﬁ nitely 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 ﬁ nal 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 eﬀ ects

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-paragraph (1) above should be sent to the Chief Inspector-cum-Facilitator

at the earliest but in no case less than 15 days before commencing manufacture, handling, or storage of any of items covered under

Appendix 'A' whether on experimental basis, or as pilot plant or as trial production, or as large-scale manufacture.

(3) The design, construction, installation, operation, maintenance and disposal of the buildings, plant and facilities shall

take into consideration eﬀ ective safeguards against all the safety and health hazards so evaluated.

(4) The requirements under the sub-paragraphs (1) to (3) shall not ad in lieu of or in derogation to, any other provisions

contained in any Act governing the work.

6. Authorised entry.-Authorised persons only shall be permitted to enter any section of the factory or plant where any

dangerous operations or processes are being carried on or where dangerous chemical reactions are taking place or where

hazardous chemicals are stored.

7. Examination of instruments and safety devices.-(1) All instruments and safety devices used in the process shall be

tested before taking into use and after carrying out any repair to them and examined once in a month, by a qualiﬁ ed person and

once in every six months, by a competent person. Records of such tests and examinations shall be maintained in a register.

(2) All instruments and safety devices used in the process shall be operated daily or as often as it is necessary, to ensure

its eﬀ ective and eﬃ cient working at all times.

8. Electrical Installations.-All electrical installations used in the process covered in Appendix 'A' shall be of an appropriate

type to ensure safety against the hazard prevalent in that area such as suitability against dust, dampness, corrosion, ﬂ ammability

and explosion, etc., and shall conform to the relevant ISI speciﬁ cations 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 labeling

and colour coding arrangements to enable identiﬁ cation of the containers and their contents indicating the hazards and safe

handling methods and shall conform to the respective BIS 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 ﬁ re or explosion or formation of toxic concentration of substances above the limits speciﬁ ed

in rule 97.

(3) Without prejudice to the generality of the requirements in sub-paragraph (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 ﬂ ooring and the capacity of ﬂ ooring and the compatibility requirements of substances with

other chemicals stored nearby.

(4) (a) Storage of chemicals and intermediate products, which are highly unstable or reactive or explosive shall be limited

to the quantities required for two months use.

(b) Whenever the quantities laid down in the above clause (a) are to be exceeded, the permission of the Chief Inspector-

cum-Facilitator shall be obtained.

factory carrying out processes covered in Appendix 'A' to further limit the storage of hazardous substances to quantities less

than two months on considerations of safety.

(5) Standby arrangements equal to the biggest container shall always be available to transfer the toxic substances quickly

into the standby storage facility if any defect develops in any of the containers resulting in the release of toxic substances.

(6) Any storage facility constructed using non-metallic material such as Fiber glass Reinforced Plastics (FRP), all glass

vessels, etc., shall have adequate strength to withstand the stress, if any, exerted by the contents and shall be properly anchored.

Working platforms, access ladders, 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 for isolation.-The plant and equipment shall be so constructed and maintained as to enable quick isolation

of plant or part of plant or equipment, with appropriate indication. One copy of the layout plan indicating the isolation facilities

shall always be available with the security personnel, the maintenance and the Health and Safety personnel and these isolation

facilities shall be checked for its eﬀ ectiveness once in a month.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

(3) As regards any doubt regarding the appropriateness of any personal protective equipment, the decision of the Chief

Inspector-cum-Facilitator will be ﬁ nal.

12. Alarm systems.-(1) Suitable alarm and eﬀ ective alarm systems giving audible and visible indications, shall be installed at

the control room as well as in all strategic locations where process control arrangements are available so as to enable corrective

action to be taken before the operational parameters exceed the predetermined safe levels or lead to conditions conducive for

an outbreak of ﬁ re or explosion to occur. Such alarm systems shall be checked daily and tested every month at least once to

ensure its performance eﬃ ciency at all times.

(2) The Chief Inspector-cum-Facilitator may direct such systems to be installed in case of plants or processes where toxic

materials are being used and spillage or leakage of which may cause widespread poisoning in or around the plant.

13. Control of escape of substances into the work atmosphere.-(1) Eﬀ ective arrangements such as enclosure, or by-

pass or eﬃ cient exhaust draught, maintenance of negative pressure, etc., shall be provided in all plants, containers, vessels,

sewers, drains, ﬂ ues, ducts, culverts and buried pipes and equipments, to control the escape and spread of substances which

are likely to give rise to ﬁ re or explosion or toxic hazards during normal working and in the event of accident or emergency.

(2) In the event of the failure of the arrangements for control resulting in the escape of substances in the work atmosphere

immediate steps shall be taken to control the process in such a manner, that further escape is brought down to the safe level.

(3) The substances that would have escaped into the work atmosphere before taking immediate steps as required in sub-

paragraph (2), shall be rendered innocuous by diluting with air or water or any other suitable agent or by suitably treating the

substances.

(4) The level of concentration of toxic substances in the work atmosphere shall be monitored by suitable devices and shall

not exceed the permissible levels speciﬁ ed in rule 97.

14. Control of dangerous chemical reactions.-Suitable provisions, such as automatic and or remote control arrangements,

shall be made for controlling the eﬀ ects of "dangerous chemical reactions". In the event of failure of control arrangements

automatic ﬂ ooding or blanketing or other eﬀ ective arrangements shall come into operation.

15. Testing, examination, repair and maintenance of plant and equipment.-(1) All parts of plant, equipment and

machinery used in the process which in the likely event of their failure may give rise to an emergent situation shall be tested by

a competent person before commencing process and retested at an interval of two years or after carrying out repairs to it. The

competent person shall identify the parts of the plant, equipment and machinery required to be tested as aforesaid and evolve

a suitable testing procedures. In carrying out the test 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 shall be thoroughly cleaned and examined externally, and as far as practicable,

internally also for surface defects, corrosion and foreign matter. During the process of cleaning and removal of sludge, if any,

all due precautions shall be taken against ﬁ re 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 ﬁ gures 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 a qualiﬁ ed person and tested by a competent person once in every six months.

(3) Records of testing and examination referred to in paragraphs (1) and (2) shall be maintained as long as that part of

the plant, equipment and machinery are in use.

(4) All repair work including alteration, modiﬁ cation and addition to be carried out to the plant, equipment and machinery

shall be done under the supervision of a qualiﬁ ed person who shall evolve a procedure to ensure safety and health of persons

doing the work. When repairs or modiﬁ cation is done on pipelines and joints are required to be welded, but welding of joints

shall be preferred. Wherever necessary, the qualiﬁ ed person shall regulate the aforesaid work through a 'permit to work system'.

(5) No machinery, plant or equipment shall be operated or maintained in such a manner as to cause risk of bodily injury.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

16. Staging.-(1) All staging that is erected for the purpose of maintenance work or repair work or for work connected

with entry into conﬁ ned spaces and used in the processes included in Appendix 'A shall be stable, rigid and constructed out of

substantial material of adequate strength. Such staging shall conform to the respective Indian Standard Speciﬁ cations.

(2) Staging shall not be erected over any closed or open vessel unless the vessel is so constructed and ventilated to

prevent exposure of persons working on the stages.

(3) All the staging constructed for the purpose of this paragraph shall have appropriate access which are safe and shall

be ﬁ tted 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, ﬂ ammable 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 conﬁ ned space.-(1) The occupier of every factory to which the provision of this schedule apply,

shall ensure the observance of the following precautions before permitting any person to enter or work inside the conﬁ ned spaces:

(a) identify all conﬁ ned spaces and the nature of hazards that are encountered in such spaces, normally or abnormally

and arrange to develop the most appropriate safeguards for ensuring the safety and health of persons entering into or working

inside, the conﬁ ned spaces;

(b) regulate the entry or work inside the conﬁ ned 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 conﬁ ned space for entry into or work, the place shall be rendered safe by washing or cleaning with

neutralizing agents or purging with steam or inert gases and making adequate forced ventilation arrangements or such measure

which will render the conﬁ ned space safe;

(d) shall arrange to carry out such tests as are necessary for the purpose by a competent person and ensure that the

conﬁ ned 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 conﬁ ned 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 ﬁ rst 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, conﬁ ned 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 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 eﬀ ectively 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 speciﬁ ed work to be subjected to the permit to work system.

(a) all work subject to the permit to work system shall be carried out under the supervision of a knowledgeable and

responsible person;

(b) all parts of plant or machinery or equipment on which permit to work system is carried out, shall remain isolated from

other parts throughout the period of permit to work and the place of work including the parts of plant, machinery shall be rendered

safe by cleaning, purging, washing, etc.;

the work. Such procedures shall be reviewed whenever any change occurs in material or equipment so that continued safety

is ensured;

(d) persons who are assigned to carry out the permit to work system shall be physically ﬁ t in all respects taking into

consideration the demands and nature of the work before entering into the conﬁ ned space. Such person shall be adequately

informed about the correct work procedure as well as the precautions to be observed while carrying out the permit to work system;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(e) adequate rescue arrangements wherever considered necessary and adequate ﬁ rst-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 ﬂ ammable or explosive substances could be evolved. These arrangements shall ensure that concentrations,

which are either harmful or could result in explosion, are not permitted to be built up in the work environment.

23. Procedures for meeting emergencies.-(1) The occupier of every factory carrying out the works covered in Appendix

'A', shall arrange to identify all types of possible emergencies that could occur in the processes during the course of work or

while carrying out maintenance work or repair work. The emergencies so identiﬁ ed shall be reviewed every year.

(2) The occupier shall formulate a detailed plan to meet all such identiﬁ ed emergencies including arrangements for summoning

outside help for rescue and ﬁ re-ﬁ ghting 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) The occupier shall arrange to install distinctive and recognizable warning arrangements to caution all persons inside

the plant as well as the neighboring 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 arrangement and their meaning. The arrangement must be checked for its eﬀ ectiveness every month.

(5) Alternate power supply arrangements shall be made and inter-locked with the normal power supply system so as

to ensure constant supply of power to the facilities and equipment meant for compliance with requirements of paragraphs

10,11,12,13,14,18,22 and this paragraph of Part II, Part III, Part IV and Part V of this Schedule.

(6) The occupier shall arrange to suspend the further process work in a place where emergency is established and shall

forthwith evacuate all persons in the area except employees who have been assigned emergency duties.

(7) All the employees of the factory shall be trained about the action to be taken by them including evacuation procedures

during emergencies.

(8) All emergency procedures must be rehearsed every three months and deﬁ ciencies, if any, in the achievement of the

objectives shall suitably be corrected.

(9) The occupier shall arrange to have ten percent of the employees trained in the use of First-Aid Fire Fighting appliances

and in the rendering of speciﬁ c First-Aid measures taking into consideration the special hazards of the particular process.

(10) The occupier shall furnish immediately on request the speciﬁ c chemical identity of the hazardous substances to the

treating physician when the information is needed to administer proper emergency or ﬁ rst-aid treatment to exposed persons.

24. Danger due to eﬄ uents.-(1) Adequate precautions shall be taken to prevent the mixing of eﬄ uents from diﬀ erent

processes and operations which may cause dangerous or poisonous gases to be evolved

(2) Eﬄ uents which contain or give rise in the presence of other eﬄ uents 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. Source of ignition including lighting installation.-(1) No internal combustion engine and no electric motor or other

electrical equipment and ﬁ ttings and ﬁ xtures 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 ﬁ re 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The classiﬁ cation 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 ﬂ ammable 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 conveyers shall be conductive type.

(5) All tools and appliances used for work in this area shall be of non-sparking type.

(6) Smoking in process areas where there are risks of ﬁ re and explosion shall be prohibited, and warning notices in the

language understood by majority of employees shall be posted in the factory prohibiting smoking in the speciﬁ ed areas.

2. Static Electricity.-(1) All machinery and plant, particularly pipe lines and belt drives, on which static charge is likely to

accumulate, shall be eﬀ ectively earthed. Receptacles for ﬂ ammable 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 ﬁ lling and discharge, precautions shall be taken to ensure that earthing

is eﬀ ective before suck ﬁ lling or discharge takes place.

3. Lightning protection.-Lightning protection arrangement shall be ﬁ tted where necessary, and shall be maintained.

4. Process heating.-The method of providing heat for a process likely to result in ﬁ re and explosion shall be as safe as

possible and where the use of naked ﬂ ame is necessary, the plant shall be so constructed as to prevent any escaping ﬂ ammable

gas, vapour, or dust coming into contact with the ﬂ ame, 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 ﬂ ammable liquids.-(1) Provision shall be made to conﬁ ne by means of suitable bund walls, dykes, sumps,

etc., possible leakages from storage vessels containing ﬂ ammable liquids.

(2) Waste material in contact with ﬂ ammable substances shall be disposed oﬀ suitably under the supervision of knowledgeable

and responsible person.

(3) Adequate and suitable ﬁ re ﬁ ghting appliances shall be installed in the vicinity of such vessels.

6. Safety valves.-Every still and every closed vessel in which gas is evolved or into which gas is passed, and in which the

pressure is liable to rise above the atmospheric pressure, shall have attached to it a pressure guage and a proper safety valve

or other equally eﬃ cient means to relieve the pressure. These appliances shall be maintained in good condition.

7. Installation of pipe lines, etc.- All pipe lines carrying ﬂ ammable 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 ﬂ ammable or explosive substances, and record kept of any defects found and repairs made.

8. Fire ﬁ ghting system.-(1) Every factory employing 500 or more persons and carrying out processes listed in Appendix

'A' shall provide

(a) Trained and responsible ﬁ re ﬁ ghting squad so as to eﬀ ectively handle the ﬁ re-ﬁ ghting and life saving equipment in the

event of ﬁ re 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 eight such trained persons to be available at any time. The squad shall consist of watch and ward

personnel, ﬁ re pump man and departmental supervisors and operators trained in the operation of ﬁ re and emergency services.

(b) Squad leaders shall preferably be trained in a recognised Government institution and their usefulness enhanced by

providing residence on the premises.

(2) A muster roll showing the duties allocated to each member of the squad shall be prepared and copies supplied to each

leader as well as displayed in prominent places so as to be easily available for reference in case of emergency.

(3) The pump man shall be thoroughly conversant with the location of all appliances. He shall be responsible for maintaining

all ﬁ reﬁ ghting equipment in proper working order. Any defect coming to his notice shall be immediately brought to the notice of

squad leader.

(4) As far as is practicable, the ﬁ re 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.

(5) Fire hydrant system shall be capable of supplying a minimum of 4,500 liters per minute at a pressure of not less than

7 kilograms per square cm.

(6) Adequate provision of water supply for ﬁ reﬁ ghting shall be made with static storage capacity of not less than 2 hours

aggregate pumping.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 eﬀ ects 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 speciﬁ cally provided for this purpose

wherein deleterious material shall be neutralized, treated or otherwise rendered safe before it is discharged into public drains

or sewers.

3. Covering of vessels.-(1) Every ﬁ xed vessel or structure containing any toxic substance and not so covered as to

eliminate all reasonable risk of accidental contact of any portion of the body of an employee, shall be so constructed as to

avoid physical contact.

(2) Such vessel shall, unless its edge is atleast 90 centimeters above the adjoining ground or platform, be securely fenced

to a height of atleast 90 centimeters above such adjoining ground or platform.

(3) Where such vessels adjoin and the space between them, clear of any surrounding brick or other work is either less than

45 centimeters in width or is 45 or more centimeters in width, but is not securely fenced on both sides to a height of atleast 90

centimeters, secure barriers shall be so placed as to prevent passage between them:

Provided that sub-paragraph (2) of this paragraph shall not apply to -

(a) saturators used in the manufacture of sulphate of ammonia ; and

(b) that part of the sides of brine evaporating pans which require raking, drawing or ﬁ lling.

4. Continuous exhaust arrangement.-(1) Any process evolving toxic vapour, gas, fume and substance shall have eﬃ cient

continuous exhaust draught. Such arrangement shall be interlocked in the process control wherever possible.

(2) In the event of failure of continuous exhaust arrangement, means shall be provided to automatically stop the process.

5. Work bench.-All the work benches used in process involving the manipulation of toxic substances, shall be waded

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 ﬁ tting

cover for depositing waste material soiled with toxic substances and the contents of such saturators shall be destroyed by

burning or using other suitable receptacle 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, suﬃ cient precautions shall be taken to render them innocuous or otherwise treat them or inactivate

them, before disposal.

(3) The empty containers of toxic substances shall be cleaned thoroughly before disposal under the supervision of a

responsible person.

PART V

Special Provisions

1. Special precautions for Nitro or Amino Processes.-(1) Unless the 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 eﬃ cient exhaust draught or by adopting any other suitable means in such a manner as to prevent the

escape of dust or fume in the working atmosphere.

(2) No part of the plant or equipment or implements which was in contact with intro or amino compounds shall be repaired,

or handled unless they have been emptied and thoroughly cleaned and decontaminated.

(3) Filling of containers with nitro or amino compounds shall be done only by using a suitable scoop to avoid physical

contact and the drying of the containers in the 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 vessel containing nitro or amino compounds or its raw materials shall

be carried out in such a manner that the steam or vapour is eﬀ ectively prevented to be blown back into the working atmosphere.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) Suitable antidotes such as methylene blue injections shall always be available at designated places of work for use

during emergency involving the poisoning with nitro or amino compounds.

2. Special precautions for chrome processes.-(1) Grinding and sieving of raw materials in chrome processes shall be

carried on in such a manner and under such condition as to secure eﬀ ective separation from any other processes and under

an eﬃ cient exhaust draught.

(2) There shall be washing facilities located very near to places where wet chrome processes such as leaching, acidiﬁ cation,

sulphate settling, evaporation, crystallization, centrifugation or packing are carried out, to enable quick washing of aﬀ ected 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 qualiﬁ ed 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 reactions such as

manufacture of vinyl chloride, benzyl chloride, etc., which are required to be carried out in all glass vessels shall have suitable

means like substantial wire mesh covering to protect persons working nearby in the event of breakage of glass vessel.

(2) Any spillage or emission of vapour from 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 risk of ﬁ re or explosion or health

hazards.

4. Special precautions for processes involving chlorate manufacture.-(1) Crystallization, grinding or packing of chlorate

shall not be done in a place used for any other purpose and such places shall have hard, smooth and impervious surface made

of non-combustible material. The place shall be thoroughly cleaned daily.

(2) The personal protective equipment 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 ﬁ re emergency.

(4) Wooden vessels shall not be used for the crystallization 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 equipments shall conform to appropriate Indian or any other National Standard.

(2) Care shall be taken during storage, transport, handling and installation of plant and equipments to avoid accidental

damage.

(3) All plant and equipments shall be installed in such a way as to ensure that loads are distributed as intended in design

or as per the recommendations of the 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 equipments 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 certiﬁ cate of test and examination by competent

person shall be obtained and kept available at site.

(6) All plant and equipments shall be subjected to periodical test and examination and record maintained as per paragraph

15 in Part II of this schedule.

(7) Plant and equipments during their use shall not be subjected to over ﬁ lling or overloading beyond rated capacity.

6. Special precautions for fumigation process.- The occupier shall ensure the health and safety of the employees

required to enter into the conﬁ ned space where fumigation process is carried on, which includes personal protective equipments,

supervision, testing procedures to ensure the suitability of the workspace for human health and safety.

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 ﬁ rst-aid box.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) Readily accessible means of drenching with water persons, part 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:

Number of persons employed at

any time

Number of drenching showers

Upton 50 persons

between 51 to 100

101 to 200

3+ 1 for every 50 persons thereafter

201 to 400

5+ 1 for every100 persons thereafter

401 and above

7+ 1 for every 200 persons thereafter

(c) a suﬃ cient number of eye wash bottles ﬁ lled with distilled water or suitable liquid, kept in boxes or cupboards conveniently

situated and clearly indicated by a distinctive sign which shall be visible at all times.

2. Occupational health centre.-In all the factories carrying out processes covered in Appendix 'A' there shall be provided

and maintained in good order an occupational health centre with facilities as per scale laid down hereunder

(1) For factories employing up to 100 employees

(a) the services of a qualiﬁ ed medical practitioner, available on retainer ship basis, in his notiﬁ ed clinic near to the factory

for seeking medical help during emergency. He will also carry out the pre-employment and periodical medical examinations as

stipulated in paragraph 4 of this part.

(b) A minimum of ﬁ ve persons trained in ﬁ rst-aid procedures, amongst whom atleast one shall always be available during

the working period.

(2) For factories employing 101 to 250 employees

(a) The occupational health centre shall have a room having a minimum ﬂ oor area of 15square meter with ﬂ oors and walls

made of smooth, hard and impervious surface and shall be adequately illuminated, ventilated and equipped.

(b) A part-time 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.

(d) A fully equipped ﬁ rst aid box.

(3) For factories employing above 250 employees

(a) There shall be one full-time medical practitioner for factories employing up to 500 employees and one more medical

practitioner 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 ﬂ oor area of 15

square meter with ﬂ oors and walls made of smooth, hard and impervious surface and shall be adequately illuminated, ventilated

and equipped.

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 fulltime

driver-cum-mechanic and a helper, trained in ﬁ rst-aid for the purposes of transportation of serious cases of accidents or sickness

unless arrangements for procuring such facility at short notice during emergencies have been made with the nearby hospital or

other places. The ambulance van shall not be used for any purpose other than the purpose stipulated herein and will always

be available near the occupational health centre.

(2) The relaxation to procure Ambulance Van from nearby places provided for in sub-paragraph (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 Medical Practitioner in the following manner:

(a) Once before employment, to ascertain physical suitability of the person to do the particular job;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) Once in a period of 6 months, to ascertain the health status of the employees; and

(2) Any ﬁ nding of the Medical Practitioner revealing any abnormality or unsuitability of any person employed in the process

shall immediately be reported to the Medical Oﬃ cer who shall in turn, examine the concerned employees and communicate his

ﬁ ndings within 30 days. If the Medical Oﬃ cer 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 Oﬃ cer in which case the person aﬀ ected shall be suitably rehabilitated:

Provided that the Medical Oﬃ cer on his own or in the opinion of the Inspector-cum-Facilitator may examine any other

employee whom he feels necessary to be examined for ascertaining the suitability of his employment in the process covered

in Appendix 'A' or for ascertaining the health status of any other employee and his opinion shall be ﬁ nal.

(3) No person shall be newly appointed without the Certiﬁ cate of Fitness in FORM XXIII granted by the Medical Practitioner.

If the Medical Practitioner declares a person unﬁ t for being appointed to work in the process covered in Appendix 'A', such

person shall have a right of appeal to the Medical Oﬃ cer, whose opinion shall be ﬁ nal in this regard.

(4) The employee suspended from the process owing to the circumstances covered in sub-paragraph (2) shall be employed

again in the same process only after obtaining the ﬁ tness certiﬁ cate from the Medical Oﬃ cer and after making entries to that

eﬀ ect 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 eﬀ ective cleaning. Such facilities shall be conveniently accessible and shall be kept in a

clean and hygienic condition.

(2) If washing facilities as required above are provided for women, such facilities shall be separate for them and adequate

privacy at all times shall be ensured in such facilities.

2. Mess-room facilities.-(1) The occupier of all the factories carrying out processes covered in Appendix 'A' and employing

100 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 with lockers. Each employee shall be provided with two

lockers, one for work clothing and another separately for personal clothing and the lockers should be such as to enable the

keeping of the clothing in a hanging position.

(2) The cloak room facilities so provided in pursuance of sub-paragraph (1) shall be located as far as possible near to the

facilities provided for washing in pursuance of paragraph 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 eﬀ ectively prevent such of those

employees taking bath in any place other than the bathing facilities.

(3) Notwithstanding anything contained in sub-paragraph (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

the 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 fencing arrangement, inoperative or defective and shall report the

defective condition of the aforesaid arrangement as soon as he is aware of any such defect.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 equipments issued to them in

a careful manner.

(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 processes 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

1. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

processes covered in Appendix ‘A’ of this schedule.

APPENDIX ‘A’

Any works or that part of works in which

(a) the manufacture, manipulation or recovery of any of the following is carried on :

(i) Sodium, potassium, iron, aluminium, cobalt, nickel, copper, arsenic, antimony, chromium, zinc, selenium, magnesium,

cadmium, mercury, beryllium and their organic and inorganic salts, alloys, oxides and hydroxides;

(ii) ammonia, ammonium hydroxide and salts of ammonium;

(iii) the organic or inorganic compounds of sulphurous, sulphuric, nitric, nitrous, hydrochloric, hydroﬂ uoric, hydroiodic,

hydrosulphuric, hydrobromic, boric ;

(iv) cynagen compounds, cyanide compounds, cyanate compounds;

(v) Phosphorous and its compounds, other than organic 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;

(d) (i) gas tar or coal tar or bitumen or shale oil, asphalt or any residue of such tar is distilled or is used in any process of

chemicals manufacture;

(ii) tar based synthetic colouring matters or their intermediates are produced;

(e) nitric acid is used in the manufacture of nitro compounds;

(f) explosives are produced with the use of nitro compounds;

(g) aliphatic or aromatic compounds or their metallic and non-metallic derivatives or substituted derivatives, such as

chloroform, ethylene, glycol, formaldehyde, benzyl, chloride, phenol, methyl ethyl ketone peroxide, cobalt carbonyl, tungsten

carbide etc, are manufactured, manipulated or recovered.

APPENDIX 'B'

Concerning Special Bathing Accommodation in Pursuance of Paragraph 4 of 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. Processes involving manufacture, manipulation, handling or recovery of cyanogen compound, cyanide compound,

cyanate compounds.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5. Processes involving manufacture of bleaching powder or production of chlorine gas in chloro alkali plants.

6. Manufacture, manipulation or recovery of nickel and its compounds.

7. All processes involving the manufacture, manipulation or recovery of aliphatic or aromatic compounds or their derivatives

or substituted derivatives.

APPENDIX 'C'

Ambulance - Ambulance should have the following equipments

General -

(i) A wheeled stretcher with folding and adjusting devices, head of the stretcher must be capable of being tilted upwards;

(ii) Fixed suction unit with equipments;

(iii) Fixed oxygen supply with equipments;

(iv) Pillow with case;

(v) Sheets;

(vi) Blankets;

(vii) Towels;

(viii) Emesis bag;

(ix) Bed pan;

(x) Urinal;

(xi) Glass.

Safety equipment-

(i) Flares with life of 30 minutes;

(ii) Flood lights;

(iii) Flash lights;

(iv) Fire extinguisher dry powder type;

(v) Insulated gauntlets

Emergency care equipments -

Resuscitation -

(i) Portable suction unit;

(ii) Portable oxygen unit;

(iii) Bag valve-mask, hand operated artiﬁ cial ventilation unit;

(iv) Airways;

(v) Mouth gags;

(vi) Tracheostomy adaptors;

(vii) Short spine board;

(viii) I.V. Fluids with administration unit;

(ix) B.P. Manometer;

(x) Cugg;

(xi) Stethoscope

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Immobilization -

(i) Long and short padded boards ;

(ii) Wire ladder splints ;

(iii) Triangular bandage;

(iv) Long and short spine boards.

Dressings -

(i) Gauze pads — 4 inches x 4 inches;

(ii) Universal dressing 10 inches x 36 inches;

(iii) Roll of aluminum foils;

(iv) Soft roller bandages 6 inches x 5 yards;

(v) Adhesive tape in 3 inches roll;

(vi) Safety pins;

(vii) Bandage sheets;

(viii) Burn sheet

Poisoning -

(i) Syrup of Ipecac and Activated charcoal Pre-packeted in doses

(ii) Snake bite kit ;

(iii) Drinking water.

Emergency medicines -

As per requirement (under the advice of Medical Practitioner only).

Sඋඐඍඌඝඔඍ XVII

Manufacture of Dichromates

(see rule 81)

(1) Application.-The provisions of this schedule shall apply to all factories or parts of factories in which the manufacture

of dichromates is carried on.

(2) Provision of protective clothing.-The occupier shall provide and maintain in good condition, suitable protective

clothing, loose-ﬁ tting rubber gloves of suitable length for the use of all persons coming into contact with chrome solution and

also for persons handling the crystals or immersing their hands in chrome solutions or handling textile materials saturated with

chrome solution.

(3) First aid boxes or cupboards.-(a)The occupier shall provide in readily accessible positions a suﬃ cient number of

special "First-Aid" boxes or cupboards.

(b) Each box or cupboard shall be distinctly marked, and shall contain, besides any other medical appliances or

requisites, a supply of:

(i) Collodion and Brushes.

(ii) Impermeable Waterproof Plaster

(iii) Ointment, Lint, Bandages and Scissors.

(iv) A 2 percent alcoholic solution of Iodine.

(d) Each "First-Aid" box or cupboard shall be placed under the charge of a person who possesses the

certiﬁ cate granted by the St. John Ambulance Association, for rendering ﬁ rst-aid and such person shall be readily available

during working hours of the factory.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(e) A notice or notices shall be aﬃ xed in every workroom stating the name of the person in charge of a box

or cupboard provided in respect of that room.

(4) Cautionary notice and inspection of workmen.-The occupier shall ensure that the Oﬃ cial Cautionary Notice as to

the eﬀ ects of chrome on the skin is kept posted up in the works and shall arrange for an inspection of the ﬁ ngers and toes of

all persons coming into contact With chrome solutions to be made at the works twice a week by the person in charge of the

"First-Aid" box or cupboard.

If any person whose work brings him into contact with chrome solution or crystals shows a tendency to develop, or

is known to be susceptible to chrome eczema he shall, if practicable, be transferred to other work not exposing him to such

contact.

(5) Accommodation for clothing.-The occupier shall provide and maintain for the use of all the persons employed suitable

accommodation of clothing, put oﬀ during working hours, with adequate arrangements for drying the clothing, if wet.

The accommodation so provided shall be placed in the charge of an oﬃ cial not lower in rank than a member of the

supervisory staﬀ and shall always be kept clean.

(6) Provision and maintenance of mess-rooms.-The occupier shall provide and maintain for the use of all the persons

employed and remaining on the premises during the meal intervals a suitable mess-room, which shall be furnished as follows:

(a) suﬃ cient tables and chairs or benches with back-rests;

(b) adequate means of warming food and boiling water;

(7) Processes relating to noxious dust, fume, etc.- Processes that give rise to noxious dust, fume, vapour or mist shall

be isolated from others and shall either be totally enclosed or provided with hoods and suitable exhaust ventilation.

(8) Operations which set free vapors containing particles of chromium.-The operations which set free vapors containing

particles of chromium are -

(i) fusing of raw materials ;

(ii) dyeing the melted mass before cooling ; and

(iii) concentration and evaporation methods to obtain crystals of bichromates;

The operations referred to in the ﬁ rst paragraph shall be carried out by

(a) using a closed apparatus furnished with eﬃ cient exhaust, and

(b) using an automatic system to eliminate manual handling.

(9) Collection of roast batch.-A separate space shall be set apart to collect the "roast batch" when it is drawn out from

the furnace.

If the cooled "roast batch" has to be transported, it shall be done in covered receptacles.

(10) Processes relating to solution at temperature higher than 50°C.- The following processes, where solutions at

temperature higher than 50°C arc carried out shall be provided with exhaust ventilating cowls to carry away the vapors:

(i) Vats for lixiviation

(ii) Evaporating tanks.

(iii) Acidifying vats.

(11) Receptacles containing corrosive liquids.-Receptacles containing corrosive liquids shall be eﬀ ectively dosed to

prevent spillage of solutions.

(12) Circulation of salines.-The circulation of salines shall be carried out in a water-tight system of pipes.

(13) Dusty operations.-The following dusty operations shall be carried out under exhaust ventilation or in separate rooms

with adequate ventilation:

(i) Grinding of raw materials;

(ii) emptying of containers;

(iii) furnace cleaning and withdrawal of roast ;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(iv) sifting of ingredients;

(v) mixing of ingredients ;

(vi) drying of crystals ; and

(vii) packing of products.

(14) Provision of respiratory protection.-All workmen shall be provided with eﬃ cient respiratory protection.

(15) Maintenance and supervision of protective equipment.-Proper maintenance and supervision of all protective

clothing equipment shall be provided.

(16) Collection of waste materials.-All waste materials shall be collected in tanks or store-houses and protected from rain

so that the soil may not be contaminated.

(17) Cautionary notices.-Cautionary notices as to the dangers associated with "Chromates” shall be conspicuously displayed

in the factory where they may be easily and conveniently read by the employees.

(18) Examination of workmen.-The employee shall be examined daily to see that they do not have any lesions of the skin.

(19) Examination of workmen by the Medical Oﬃ cer.-Every workman shall be examined once in a month by the Medical

Oﬃ cer and the result entered in the Health Register in FORM XXVI.

(20) Supply of protective ointment or cream.-Protective ointment or cream for application on limbs and in the nose shall

be supplied to all employees.

(21) Provision of washable working clothes and washing facilities.-All workmen shall be provided with washable working

clothes; kept in good order. Adequate provision of washing facilities shall also be provided.

(22) Maintenance of tools.-All tools issued to the maintenance staﬀ shall be washed daily and kept clean. No fee or charge

shall be realized from any employee for this purpose.

(23) Provision of protective footwear.-All employees on furnaces shall be provided with protective footwear such as

wooden sandals.

(24) Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any factory

on the operation speciﬁ ed in paragraph 8 and 13.

Sඋඐඍඌඝඔඍ XVIII

Compression of Oxygen and Hydrogen produced by the Electrolysis of Water

(see rule 81)

1. The room in which electrolyser plant is installed shall be separate from the plant for storing and compressing the oxygen

and hydrogen and also the electric generator room.

2. The purity of oxygen and hydrogen shall be tested by a competent person at least once in every shift at the following points

(i) in the electrolysis room;

(ii) at the gas-holder inlet ; and

(iii) at the suction end of the compressor.

The purity ﬁ gures shall be entered in the register and signed by the persons carrying out such tests:

Provided, however, that if the electrolyser plant is ﬁ tted with automatic recorded to purity of oxygen and hydrogen with

alarm lights, it shall be suﬃ cient if the purity of the gases is tested at the suction end of the compressor only.

3. The oxygen and hydrogen gases shall not be compressed if their purity as determined under clause 2 above falls below

98 percent at any time.

4. The bell of any gas-holder shall not be permitted to go within 30 cms of its lowest position when empty and a limit switch

shall be ﬁ tted to the gas-holder in such a manner as to switch oﬀ the compressor motor when this limit is reached.

5. In addition to the limit switch in the gas-holder, a sensitive negative pressure switch shall be provided in, or adjacent to

the suction main for hydrogen, close to the gas-holder and between the gas-holder and the hydrogen compressor to switch oﬀ

the compressor motor in the event of the gas-holder being emptied to the extent as to cause vacuum.

6. The water and caustic soda and caustic potash used for making electrolytes shall be of standards suitable for electrolysis.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

7. Electrical connections at the electrolyser cells and at the electric generator terminals shall be so constructed as to

preclude the possibility of wrong connections leading to the reversal of polarity and in addition an automatic device shall be

provided to cut oﬀ power in the event of reversal of polarity owing to wrong connections either at the switch board or at the

electric generator terminals.

8. Oxygen and hydrogen gas pipes shall be painted with distinguishing colors. Whenever an hydrogen pipe is opened for

repairs or any other work, on re-connection the pipe shall be purged of all air before hydrogen is allowed to pass through that

pipe :

Provided that after repairs, hydrogen pipes shall preferably be purged by an inert gas like nitrogen, whenever possible,

before introducing hydrogen for ﬁ nal purging.

9. All electrical wiring and apparatus in the electrolyser room and hydrogen compression room shall be of ﬂ ame-proof

construction or enclosed in ﬂ ame-proof ﬁ ttings and no naked light or ﬂ ame shall be allowed to be taken either in the electrolyser

room or where compression and ﬁ lling of the gases is carried on and such warning notices shall be exhibited in prominent places.

9. No part of the electrolyser plant and the gas-holders and compressor shall be subjected to welding, bracing, soldering

or cutting until steps have been taken to remove any explosive substance from that part and render the part safe for such

operations and after the completion of such operation no explosive substance shall be allowed to enter that part until the metal

has cooled suﬃ ciently to prevent risk of explosion.

10. No work of operation, repair or maintenance shall be undertaken except under the direct supervision of a person who

by his training, experience and knowledge of the necessary precautions against risk of explosion is competent to supervise

such work. No electric generator after erection or repairs shall be switched on to the electrolysers unless the same is certiﬁ ed

by the competent persons under whose direct supervision erection or repairs arc carried on to be in a safe condition and the

terminals have been checked for the polarity as required by clause 6.

11. Every part of the electrolyser plant and the gas-holders and compressor shall have a regular schedule of overhaul and

checking and every defect noticed shall be rectiﬁ ed forthwith.

Sඋඐඍඌඝඔඍ XIX

Manipulation of Stone or any other Material containing free Silica

(see rule 81)

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

material containing free silica is carried on. This shall include the manufacturing processes pertaining to Stone Crushers, Gem

and Jewellery, Slate Pencil Making, Agate Industry, Cement Industry, Pottery and Glass Manufacturing.

2. 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 containing not less than

5 percent by weight of free silica.

3. 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 cleanup;

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

(b) Ventilation:

(i) An eﬀ ective 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(c) Isolation:

(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 rule 97.

(2) Medical Control Measures.-(1) The occupier of every factory in which an employee employed in the processes

speciﬁ ed in paragraph 1, shall ensure that every employee employed be examined by a Medical oﬃ cer 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 employee 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 oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical oﬃ cer at least once in every

twelve months. Such re-examination shall, wherever the Medical oﬃ cer 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 employee employed in any of the aforesaid processes 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 oﬃ cer within three months of the said date.

(4) The Medical officer after examining an emplo ye e, shall issue a Certificate of Fitness in

FORM XXIII. The record of re-examinations carried out shall be entered in the certiﬁ cate and the certiﬁ cate 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 oﬃ cer in a Health register in FORM XXIV. The

certiﬁ cate of Fitness and the Health register shall be kept readily available for inspection by the Inspector-cum-Facilitator and

produced on demand.

(5) If at any time the Medical oﬃ cer is of the opinion that an employee 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 employee 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 these 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 so suspended from

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

oﬃ cer, in which case the person aﬀ ected shall be suitably rehabilitated

(6) No person who has been found unfit to work as said in sub- paragraph (5) above shall be

re-employed or permitted to work in the said processes unless the Medical oﬃ cer, after further examination, again certiﬁ es him

ﬁ t for employment in those processes.

(7) If an employee already in employment and declared unﬁ t by the Medical oﬃ cer 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.

(8) For the purpose of medical supervision by the Medical practitioner so 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 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-cum-Facilitator for time to time.

The medical practitioner so appointed shall perform the following duties.

(a) maintain health register in FORM XXIV;

(b) undertake medical supervision of persons employed in the factory;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) carry out inspection of work rooms where dangerous operations are carried out and advise the management on the

measures to be adopted for the protection of health of the employees employed therein.

(9) The Health Records of the employees exposed to silicosis, shall be maintained by the Occupier and 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 a Health register in FORM XXIV, which shall be kept readily available for inspection by the Inspector-cum-Facilitator 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 employees’ 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.

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

(i) Health eﬀ ects 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.

(c) Maintenance of ﬂ oors:

(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 employees.

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

(iii) Employees 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

employees.

(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:-

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

(4) Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work wherein

operations speciﬁ ed in sub-paragraph (a) of paragraph 2 are carried on.

Sඋඐඍඌඝඔඍ XX

Handling and Processing of Asbestos, Manufacture of any Article or Substance of Asbestos and any other

Process of Manufacture or otherwise in which Asbestos is used in any form.

(see rule 81)

1. Application.-This Schedule shall apply to all manufacturing process as deﬁ ned under clause (zi) of sub-section (1) of

section 2 of the code, 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 eﬀ ect to any scientiﬁ c proof obtained from specialised

institutions or experts in the ﬁ eld, by notiﬁ cation in the Tamil Nadu 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 this schedule in respect of the employees.

4. (a) The occupier of the factory wherein asbestos or substances containing asbestos are in use, shall prepare work

procedures and practices, in the light of scientiﬁ c 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 notiﬁ ed by the Government in this behalf.

(ii) The prohibition in respect of spraying of asbestos referred to in item(c) (i) may be exempted by the Chief Inspector-

cum-Facilitator if the Occupier represents that such spraying is inevitable for 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. Deﬁ nitions.-For the purpose of this Schedule,-

a) “asbestos” means any ﬁ brous 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 clothes composed of asbestos or asbestos mixed with any other materials;

c) “approved” means approved for the time being in writing by the Chief Inspector-cum-Facilitator;

d) “breathing apparatus” means a helmet or face piece with necessary connection by means of which a person using it

breathes air free from dust, or any other approved apparatus;

e) “eﬃ cient exhaust draught” means a localised ventilation by mechanical means for the removal of dust so as to prevent

dust from escaping into air of any place in which work is carried on. No draught shall be deemed to be eﬃ cient which fails to

control dust produced at the point where such dust originates;

f) “preparing” means crushing, disintegrating any other processes in or incidental to the opening or 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 air

borne in the factory;

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101

i) “airborne asbestos dust” means, for the purposes of measurement, dust particles measured by gravimetric assessment

or other equivalent method;

j) “repairable asbestos ﬁ bers” means asbestos ﬁ bers having diameter of less than 3 micrometer and a length to diameter

ratio greater than 3:1;

k) “exposure to asbestos” means exposure to airborne repairable asbestos ﬁ bers 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 qualiﬁ ed 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 not create asbestos dust above the permissible limit or are equipped with eﬃ cient exhaust draught.

5. Exhaust draught.-(1) An eﬀ ective exhaust draught shall be provided and maintained to control dust from the following

processes and machines as per the relevant standard prescribed by the Bureau of Indian Standard:-

a) manufacture and conveying machinery, such as -

i) preparing, grinding, or dry mixing machines;

ii) carding, card waste and ring spinning machines, and looms;

iii) machines or other plant fed with asbestos;

iv) machines used for the sawing, grinding, turning, drilling, abrading or polishing, in the dry state of articles composed

wholly or partly of asbestos;

b) cleaning and grinding of the cylinders or other parts of a carding machine;

c) chambers, hoppers or other structures into which looses asbestos is delivered or passes;

d) work-benches for asbestos waste sorting or for other manipulation or asbestos by hand;

e) workplaces at which the ﬁ lling or emptying of sacks, skips or other portable containers, weighing or other process

incidental thereto which is eﬀ ected 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 workplace.

3) Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus being drawn into the air of

any workroom.

4) The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles

or ﬁ lter 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 as per the standard prescribed by the Bureau of Indian Standards,

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 twelve months. Any defects found by such examinations or test shall be rectiﬁ ed forthwith.

(2) A register containing particulars of such examination and tests as shown in FORM XXVII 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.

7. Segregation in case of certain process.-Mixing or blending of asbestos by the hand, or making or repairing of insulating

mattresses composed wholly or partly of asbestos shall not be carried on in any room in which any other work is done.

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. Such asbestos shall not be distributed within a factory except

in closed receptacles or in a totally enclosed system of conveyance.

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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 ﬂ oors and workplaces.-(1) In every room in which any of the requirements of this schedule apply -

(a) the ﬂ oors, 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 ﬂ oors shall be kept free from any materials, plant or other articles not immediately required for the work carried on

in the room, which would construct the proper cleaning of the ﬂ oor.

(2) The cleaning as mentioned in sub-paragraph (1) shall so far as is practicable, as carried out by means of vacuum

cleaning equipment so designed and constructed and so used that asbestos dust neither escapes nor is discharged into the

air of any work place.

(3) When the cleaning is done by any method other than that mentioned in sub-paragraph (2), the persons doing cleaning

work and any other person employed in that room shall be provided with respiratory protective equipment and protective clothing.

(4) The vacuum cleaning equipment used in accordance with provisions of sub-paragraph (2), shall be properly maintained

and after each cleaning operation, its surfaces kept in a clean state and free from asbestos waste and dust.

(5) Asbestos waste shall not be permitted to remain on the ﬂ oors 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) (i) 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, scientiﬁ cally evaluated as harmless or less harmful, wherever is possible.

(ii) The occupier shall take all the measures to prevent or control the release of asbestos in to the air and to ensure that

the exposure limits or other exposure criteria are complied with and also reduce exposure to as low as a level as is reasonably

practicable.

11. Breathing Apparatus, Personnel Protective Equipment and 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 the Bureau of Indian Standards. The

approved breathing apparatus and appropriate work clothing as per the relevant standard prescribed by the 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 ﬁ ltering 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 ﬁ lling, beating or leveling in the manufacture or repair of insulating mattresses; and

(e) in any other operation or circumstances in which it is impracticable to adopt technical means to control asbestos dust

in the work environment within the permissible limit.

(2) Suitable accommodation in conveniently accessible position shall be provided for the use of persons when putting on

or taking oﬀ breathing apparatus and protective clothing provided in accordance with this schedule and for the storage of such

apparatus and clothing when not in use.

(3) All breathing apparatus and protective clothing 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 eﬃ cient 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 eﬃ ciency in protective

the wearer.

(5) All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once in 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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

103

(7) No person shall be employed to perform any work speciﬁ ed 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

him for protection against exposure to asbestos.

12. Separate accommodation for personal clothing.-A separate accommodation shall be provided in a conveniently

accessible position for all persons employed in operations to which this schedule applies for storing of personal clothing.

This shall be separated from to accommodation provided under sub-paragraph (2) of paragraph 11 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

the use of all employees employed in the processes covered by this 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 places shall have standpipes placed at intervals of not less than one metre.

(3) Not less than one half of the total number of washing places shall be provided with bathrooms.

(4) Suﬃ cient supply of clean towels made of suitable material shall be provided:

Provided that such towels shall be supplied individually for each employee if so ordered by the Inspector-cum-Facilitator.

(5) Suﬃ cient supply of soap and nail brushes shall be provided.

14. Mess Room.-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) suﬃ cient tables and benches with back rest; and

(b) adequate means for warming food.

15. Prohibition relating to smoking.-No person shall smoke in any area where processes covered by this schedule are

carried on. A notice in Tamil and the language understood by majority of the employees shall be posted in the plant prohibiting

smoking at such areas.

16. Pictorial Cautionary notices.-Cautionary notices in the form speciﬁ ed in appendix and printed in Tamil and 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 eﬀ ectiveness of control measures in continuous or repetitive processes, the monitoring

of asbestos ﬁ bres 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 shall be no substantial change in workplace conditions;

(b) the results of the two (2) preceding measurements have not exceeded half the relevant control limit.

(c) all factories should adopt membrane ﬁ lter test as per the relevant standard prescribed by the Bureau of Indian Standards

without fail.

Explanation.- “Membrane Filter Test” is deﬁ ned as the method of determination of airborne asbestos ﬁ ber concentration

in work environment by light microscopy (Membrane Filter Method).

18. Medical control measures.-(1) The occupier of every factory in which an employee employed in the processes speciﬁ ed

in Sub paragraph (1) of paragraph 1, shall ensure that every employee employed be examined by a Medical oﬃ cer within ﬁ fteen

days of his ﬁ rst 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 ﬁ fteen days of his ﬁ rst employment in the factory

unless certiﬁ ed ﬁ t for such employment by the Medical oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical oﬃ cer at least once in every twelve

months. Such re-examination shall, wherever the Medical oﬃ cer considers appropriate, include all the tests as speciﬁ ed in sub-

paragraph (1) except chest X-ray 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.

104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every employee employed in any of the aforesaid processes 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). The report of such X-ray shall be submitted to the Medical oﬃ cer within three months of the said date.

(4) The Medical oﬃ cer after examining an employee, shall issue a Certiﬁ cate of Fitness in FORM XXIII. The record of

re-examinations carried out shall be entered in the certiﬁ cate and the certiﬁ cate 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 oﬃ cer in a Health Register in FORM XXIV. The Certiﬁ cate of Fitness and the

health register shall be kept readily available for inspection by the Inspector-cum-Facilitator and produce on demand.

(5) If at any time the Medical oﬃ cer is of the opinion that an employee is no longer ﬁ t for employment in the said process

on the ground that continuance therein would involve special danger to the health of the employee 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 these 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 so suspended from the

process shall be provided with alternate placement facilities unless he fully is incapacitated in the opinion of the Medical oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

the said processes unless the Medical oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those processes.

(7) If an employee already in employment and declared unﬁ t by the Medical oﬃ cer shall not be allowed to work on any

of the processes speciﬁ ed in sub-paragraph (1) of paragraph 1, unless he has been examined again along with standard size

chest X-ray plate from a qualiﬁ ed Radiologist, at the cost of the occupier and has been certiﬁ ed to be ﬁ t to work on the said

processes again.

(8) For the purpose of medical supervision by the Medical Practitioner so 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 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-cum-Facilitator for time to time.

The Medical Practitioner so appointed shall perform the following duties:-

(a) maintain health register in FORM XXIV.

(b) undertake medical supervision of persons employed in the factory.

(d) carry out inspection of work rooms where dangerous operations are carried out and advise the management on the

measures to be adopted for the protection of health of the employees employed therein.

(9) The Health Records of the employees exposed to asbestos, shall be maintained by the occupier and 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-cum-Facilitator and produce on demand.

19. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any of the

process covered by this schedule.

APPENDIX

Pictorial Cautionary Notice

1. Asbestos/asbestos dust which is used, handled or manipulated in this factory is a very hazardous to health.

2. Prolonged exposure to asbestos dust may lead to serious diseases like lung ﬁ brosis (Asbestosis) and lung cancer.

3. Entry is prohibited without protective equipment.

4. Wear the Protective Equipments to safeguard your health.

5. No food stuﬀ s or drinks shall be brought into this area.

6. Smoking, eating food or drinking and chewing tobacco in this area is prohibited.

7. Scrupulous cleanliness shall be maintained in this area.

8. Dry sweeping in this area is prohibited. Any spillage of asbestos shall be cleaned by vacuum cleaning only.

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105

9. A sack or container contaminated with asbestos shall not be cleaned by hand and is to be disposed oﬀ by an appropriate

method.

10. All protective equipments and clothing shall be re-dusted by vacuum cleaning and stored in an appropriate place

provided for the purpose.

11. Entry of unauthorized persons or authorized persons without proper protective equipments is prohibited.

12. Report for the prescribed medical examinations and tests regularly, to protect your own health.

13. Report to your doctor immediately if you suﬀ er from persistent breathlessness, chest tightness or cough.

SCHEDULE XXI

Handling and Manipulation of Corrosive Substances

(see rule 81)

1. Application:- Without prejudice to the provisions contained in schedule XVI, this Schedule shall apply in respect of all

factories or any part thereof in which handling and manipulation of Corrosive substances is carried on.

2. Deﬁ nitions.-For the purpose of this Schedule

(a) "Corrosive operation" means any manufacturing process, storing, handling, processing, packing or using any corrosive

substance in a factory.

(b) "Corrosive substance" includes sulphuric acid, nitric acid, hydrochloric acid, hydroﬂ uoric 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 notiﬁ cation in the Oﬃ cial Gazette specify to be corrosive substance.

3. Flooring.-The ﬂ oor of every workroom of a factory in which corrosive operation is carried on shall be made of impervious,

corrosion and ﬁ re resistance material and shall be so constructed as to prevent collection of any corrosive substance. The surface

of such ﬂ ooring shall be smooth and cleaned as often as necessary and maintained in a sound condition.

4. 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

equipments shall be maintained in good order and shall be kept in clean and hygienic condition by suitably treating to get rid

of the ill-eﬀ ects of any absorbed chemicals and by disinfecting. The occupier shall also provide suitable protective creams and

other preparations wherever necessary.

(b) The protective equipment and preparations provided shall be used by the persons employed in any corrosive operations.

5. 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 cm. (7 feet) from a pipe 1.25 cm. (1/2 inch) diameter and ﬁ tted

with a quick acting valve so that in case of injury to the employee by any corrosive substance the injured part can be thoroughly

ﬂ ooded with water. Whenever necessary, in order to ensure continuous water supply, a storage tank having minimum length,

breadth and height of 210 cm, 120 cm., and 60 cm. respectively or such dimensions as are approved by the Chief Inspector-

cum-Facilitator shall be provided as the source of clean water.

6. Cautionary notice.-A cautionary notice in the following form and printed in the language which is understood by majority

of the employees employed, shall be displayed prominently and close to the place where any corrosive operation is carried out

and where it can be easily and conveniently read by the employee. If any employee is illiterate, eﬀ ective steps shall be taken

to explain carefully to him the contents of the notice so displayed.

CAUTIONARY NOTICE

Corrosive substances cause severe burns and the vapors thereof, may be extremely hazardous. In case of contact,

immediately ﬂ ood the part aﬀ ected with plenty of water for at least 15 minutes.

Get medical-attention quickly.

7. Transport.-(a) Corrosive substances shall not be ﬁ lled, moved or carried except in containers or through pipes and

when they are to be transported in containers, they shall be included in crates of sound construction and of suﬃ cient strength.

(b) a container with a capacity of 11.5 liters (2- 1/2 gallons) or more of a corrosive substance shall be placed in receptacle

or crate and then carried by more than one person at a height below the waist line unless a suitable rubber wheeled truck is

used for the purpose.

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8. Devices for handling corrosives.-(a) Tilting, lifting or pumping arrangements shall be used for emptying jars, carboys

and other containers of corrosives.

(b) Corrosive substances shall not be handled by bare hands but shall be handled by means of a suitable scoop or other

device.

9. Opening of valves.-Valves ﬁ tted to containers holding a corrosive substance shall be -opened with great care. If they

do not work freely, they shall not be forced open. They shall be opened by an employee suitably trained for that purpose.

10. Cleaning tanks, stills, etc.- (a) In cleaning out or removing residues from stills or other large chambers used for

holding any corrosive substance, suitable implements made of wood or other material shall be used to prevent production of

arseniuretted hydrogen (Arsine).

(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 conﬁ ned space where a corrosive substance had been stored, all possible precautions 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.

11. 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 gas.

(b) Pumping or ﬁ lling overhead tanks, receptacles, vats or other containers for storing corrosive substances shall be so

arranged that there is no possibility of any corrosive substance overﬂ owing and causing injury to any person.

(c) Every container having a capacity of twenty liters or more on every pipe line, valves, and ﬁ tting used for storing or

carrying corrosive substances shall be thoroughly examined every year for ﬁ nding out any defects and 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.

12. Fire extinguishers and ﬁ re-ﬁ ghting equipment.-An adequate number of suitable type of ﬁ re extinguishers or other

ﬁ re-ﬁ ghting equipment, depending on the nature of chemicals stored shall be provided. Such extinguishers or other equipment

shall be regularly tested and reﬁ lled. 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 aﬃ xed near each extinguisher or other equipment.

SCHEDULE XXII

Manufacture or Manipulation of Carcinogenic Dye Intermediates

(see rule 81)

1. Application.-This Schedule shall apply in respect of all factories or any part thereof in which process of manufacturing

or manipulation of a Carcinogenic Dye Intermediates (hereinafter referred to as the said manufacturing process) is carried on:

Provided that paragraphs 24 and 25 shall only apply to a process involving manufacture or manipulation of compounds

mentioned in Appendix B (hereinafter referred to as the said manufacturing process B).

PART I

2. Deﬁ nitions.-For the purposes of this Schedule

(a) "Air Line Respirator" means a helmet or face piece with necessary connections by means of which a person using it

in a poisonous, or irritant atmosphere breathes ordinary air or any other suitable apparatus approved in writing by the Chief

Inspector-cum-Facilitator ;

(b) "Approved" means approved by the Chief Inspector-cum-Facilitator;

dust or fume so as to prevent them from escaping into the air or any place in which work is carried on. No draught shall be

deemed to be eﬃ cient which fails to remove smoke generated at the point where such gas, vapour, fumes or dust originates;

(d) "First employment" means ﬁ rst employment in the said manufacturing process and also re- employment in such

manufacturing process following any cessation of employment for continuous period exceeding three calendar months ;

(e) "Manipulation" includes mixing, blending, ﬁ lling, emptying. grinding, sieving, drying, packing, sweeping, handling, using

or chemical processing of a Nitro or amino compound ;

(f) "Nitro or amino compound" means a nitrated or aminated compounds of aromatic hydrocarbons mentioned in Appendix

A or B attached thereto.

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107

3. Cautionary Placard.- Cautionary placard in the form speciﬁ ed in Appendix C attached to this Schedule and printed in

the language of the majority of the employees employed shall be aﬃ xed in prominent places frequented by them in the factory

where the placards can be easily and conveniently read by the employees; and arrangement shall be made by the occupier

to instruct periodically all employees employed in the said manufacturing process regarding the precautions contained in the

cautionary placard.

4. Air space.-In every room in which the said manufacturing process is carried on there shall be at least 15 centimeters of

air space excluding any space occupied by machinery, equipments or any other article for each person employed therein and

in computing this air space no height over 4.25 meters shall be taken into account.

5. Eﬃ cient exhaust draught.-Unless the said manufacturing process is completely enclosed so as not to give rise to dust

or fume it shall not be carried on without the use of an eﬃ cient exhaust draught when a nitro or amino compound -

(a) is introduced into a tank, hopper, machine or container or ﬁ lled into cartridge ; or

(b) is ground, crushed, mixed, sieved or blended.

6. Floor of workrooms.-The ﬂ oor of every workroom in which the said manufacturing process is carried on shall be (a)

smooth and impervious to water provided that asphalt or tar shall not be used in the composition of the ﬂ oor, (b) maintained in

sound condition, (c) slope and provided gutters and (d) thoroughly washed daily by means of hose pipe and drain water shall

be led into a sewer through a closed channel.

7. Work-benches.-Work-benches on which a nitro or amino compound is manipulated shall (a) have a smooth impervious

surface preferably of stainless steel ; and (b) shall be washed daily with a hose-pipe or cleaned by means of a suction cleaning

apparatus at a time when no other work is being carried on there.

8. Waste.-(1) A suitable receptacle made of non-absorbable material with a tightly ﬁ tting cover shall be provided and used

for depositing waste, like cloth, paper or other material soiled with a nitro or amino compound.

(2) All such contaminated waste material shall be destroyed by burning at least once a week.

9. Empty containers.-Empty containers used for holding com-pounds included under Appendix A shall be thoroughly

cleaned of their contents and treated with an inactivating agent before being discarded.

10. Decontamination of pit, tank, etc.- (a) Before an employee enters a tank, pit, kettle or any other conﬁ ned space

which contained a nitro or amino compound, it shall be thoroughly washed and decontaminated.

(b) No part of the plant which has contained a nitro or amino compound shall be repaired or opened for repairs unless it

has emptied of such compound, thoroughly cleaned and decontaminated.

11. Manual handling.-A nitro or amino compound shall not be required or allowed to be mixed, ﬁ lled, emptied or handled

except by means of a scoop with a handle which shall be thoroughly cleaned daily.

12. Protective wear.-The occupier shall provide, maintain clean and in good repair protective clothing and other equipments

as speciﬁ ed in the table below:-

THE TABLE

Process

Protective clothing and other equipment

For manipulation of compounds mentioned in

Appendices A and B

(a) Long pants and shirts or overalls with long

sleeves and head coverings. The shirt or overalls

shall cover the neck completely

(b) Rubber gloves, rubber gum boots, rubber

aprons and air line respirator

For manipulation of compounds mentioned in

Appendix B

addition to white clean shirts, singlet and protective

equipment as in (b) above

(d) White long sleeved aprons

13. Instructions as regard risks.-Every employee on his ﬁ rst employment shall be fully instructed on the properties of

the chemical he has to handle and of the dangers involved. Employees shall also be instructed in the measures to be taken

to deal with any emergency.

14. Medical facilities and records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall -

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(a) employ a qualiﬁ ed Medical Practitioner for medical surveillance 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).

(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.

15. Medical Examination by the Medical Oﬃ cer.-(1) Every employee employed in the said processes shall be examined

by a Medical Oﬃ cer within 15 days of his ﬁ rst employment. Such examination shall include tests for detection of methemoglobin

in blood (Heamatological tests), paranitrophenol in urine, pulmonary function tests and C.N.S tests. No employee shall be allowed

to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical Oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical Oﬃ cer at least once in every

six calendar months and such re-examinations shall, wherever the Medical Oﬃ cer considers appropriate, include all the tests

speciﬁ ed in sub-paragraph (1).

(3) The Medical Oﬃ cer after examining an employee, shall issue a certiﬁ cate of ﬁ tness in FORM XXV. The record

of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate 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 Oﬃ cer in a Health Register in

FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical Oﬃ cer is of the opinion that an employee 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 employee, 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 these documents should also include the

period for which he considers that the said person is unﬁ t to work in the said processes. The person so suspended from the

process, shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

the said process unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those processes.

16. Washing and bathing facilities.-(1) The following washing and bathing facilities shall be provided and maintained in

cleanly state and in good repair for the use of all persons employed in the said manufacturing process:

(a) A wash place under cover with clean towels, soap and nail brushes and with atleast one stand- pipe for every ﬁ ve such

persons having constant supply of water.

(b) Fifty percent of the stand-pipes provided under item (a) above shall be located in bathroom where both hot and cold

water shall be made available, during the working hours of the factory and for one hour thereafter.

(c) The washing and bathing facilities shall be within a radius of 15 meters from the area housing the said manufacturing

process.

(d) Clean towels shall be provided individually to each employee if so ordered by an Inspector-cum-Facilitator.

(e) In addition to taps mentioned under item (a), one stand-pipe in which warm water made available shall be provided

on each ﬂ oor.

(2) Arrangement shall be made to wash factory uniforms clothes compulsorily every day.

17. Washing and bathing.-(a) All employees employed in the said manufacturing process shall carefully wash their hands

and face before partaking of food or leaving the factory.

(b) Bath Register. — Employees employed in the said manufacturing process shall take a bath daily at the factory premises

and enter their names in the bath register in token of having done so.

18. 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 manufacturing process is carried on and no employee shall remain in any such room

during intervals for meals or rest.

19. Cloak-room.-There shall be provided and maintained in a clean state and in good repair for the use of the persons

employed in the said manufacturing process (a) a cloak-room with lockers having two compartments, one for street clothes

and the other for factory clothes and (b) a place separate from the locker room and from the mess-room for the storage of

protective equipment provided under paragraph 13. The accommodation so provided shall be under the care of a responsible

person and shall be kept clean.

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109

20. Mess-room.-There shall be provided and maintained for use of all persons employed in the factory and remaining in

the premises during the meal intervals, a mess-room which shall be furnished with (a) tables and benches, and (b) means for

warming food.

The mess-room shall be placed under the charge of a responsible person and shall be kept clean.

21. Time allowed for washing.-Before each meal and before the end of the day's work at least ten minutes in addition to

the regular intervals shall be allowed for washing to each person who has been employed in the said manufacturing process.

22. Drying stoves. - (1) Every drying stove shall be eﬃ ciently ventilated to the outside air in such a manner that hot air

from the stove shall not be drawn into any workroom.

(2) No person shall enter stove to remove the contents until a free current of air has been passed through it by mechanical

means.

23. Non-sparking tools.-Non-sparking tools shall be provided for the purpose of cleaning or repairing machinery or operating

any process where vapors of betanaphthylamine are evolved.

24. Testing of atmosphere, etc.- Aminos in the atmosphere of the workroom where the manufacturing process is carried

on shall be estimated once every week and records of results of such estimations shall be made available when required by

an Inspector-cum-Facilitator.

25. Prohibition relating to Pregnant Women.-No pregnant women shall be employed or permitted to work in the area

wherein operations speciﬁ ed in sub-paragraph (e) of paragraph 2 are carried on.

PART II

26. Separation of processes.-The said manufacturing process in Appendix B shall be carried on in rooms which shall not

communicate with any other room except through a passage open entirely to outside atmosphere.

27. Limitation of exposure.-(1) No employee under the age of 40 years shall be engaged in the factory for the said

manufacturing process in Appendix B for the ﬁ rst time.

(2) Before the end of the day's work at least one hour shall be allowed for bathing to each person, who is employed in

the said manufacturing process in Appendix B including the time allowed under paragraph 19.

APPENDIX A

(see paragraphs 2, 9, 12 and 14)

The benzenes, toluenes, xylenes, having undergone nitration once or several times (nitro, dinitro and trinitro benzene and

its homologues) and their chlorinated compounds, naphthalenes, having undergone nitration once or several times, aniline, and

its homologues (toludine, syncline, cumidine) anisdine, phenetidine and their chlorinated, nitrated and alkeylated compounds

(demethylenillintoluylendiamine, toludine, phynylhydrazine, toluylhydrazin).

APPENDIX B

(see paragraphs 2, 12, 14, 24 and 26)

Alphanaphthylamine.

Betanaphthylamine.

Henozidine and its salts

Dianisidinc.

Tolidine.

Dichlorobenzidine.

APPENDIX C

(see paragraph 3)

Cautionary placard

Advice to employees:-

(1) Nitro and amino compounds or aromatic hydrocarbons are dangerous. In this factory you have to handle them frequently.

(2) All items of protective wear provided should be made use of to safeguard your health.

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(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 soaked with

a cyanotic nitro or 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.

(7) In case of illness contact the 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 workplace.

(9) If you work with Betanaphthylamine or benzidine or its salts, alphanaphthylamine or dianisidine-

(a) remember the serious eﬀ ects will follow after a number of years if great care is nor taken to observe absolute cleanliness

of body, clothes, machinery and tools;

(b) at mealtime, wash face and hands twice with soap and water to remove all chemicals ; wear a

long-sleeved clean apron while eating;

SCHEDULE XXIII

Process of Extracting Oils and Fats in Solvent Extraction Plants

(see rule 81)

1. Deﬁ nitions.-(a) "Competent Person" for the purpose of this Schedule shall be at least a member or an Associate

Member of the Institution of Engineers (India) with ten years experience in a responsible position as may be approved by the

Chief Inspector-cum-Facilitator:

Provided that a Graduate in Mechanical Engineering or Chemical Technology with specialized knowledge of Oils and

Fats and with a minimum experience of ﬁ ve years in a solvent extraction plant shall also be considered to be a competent

person:

Provided further that the Government may accept any other qualiﬁ cations, if in its opinion, they are equivalent to the

qualiﬁ cations aforesaid;

(b) “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 inﬂ ammable gas or vapour which may enter

or which may originate inside the enclosure without suﬀ ering damage and without communicating the internal inﬂ ammation (or

explosion) to the external ﬂ ammable gas or vapour.

(c) "Solvent" means an inﬂ ammable liquid such as Pentane and Hexane and Heptane used for the extraction of vegetable oils;

(d) “Solvent Extraction Plant ", means a plant in which the process of extracting oils and fats by the use of solvents is

carried on.

2. Location and lay out.-(a) No solvent extraction plant shall be permitted to be constructed or extended within a distance

of thirty meters from the nearest residential locality.

(b) A continuous wire fencing shall be provided around the solvent extraction plant up to a minimum distance of 15 meters

from the plant and the fencing so provided shall be not less than 1.5 meters in height.

(d) Boiler houses and other buildings where open ﬂ ame processes are carried on shall be located at least thirty meters

away from the solvent extraction plant.

(e) If godowns and preparatory processes are within a distance of thirty meters from the solvent extraction plant, these

shall be at least ﬁ fteen meters distance from the plant, and a continuous barrier wall of non-combustible material of a height

of 1.5 meters from ground level shall be erected at a distance of not less than ﬁ fteen meters from the solvent extraction plant

so that it extends to at least thirty meters of vapour travel around its ends from the plant to the possible sources of ignition.

3. Electrical Installation.-(a) All electrical motors, electrical wiring system, the electric lamps, switches, circuit breakers

and all other electrical equipment used within the premises of a factory where extraction of oil is being carried on with the

help of solvents shall be of ﬂ ame proof construction and should be suitable for use in areas where Hexane or similar types of

solvents or vapors are likely to exist.

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111

(b) All metal parts of the plant and building including various tanks and containers where solvents are stored or are likely

to be present and all parts of electrical equipments not required to be energized shall be properly connected to earth so as to

avoid accidental rise in the electrical potential of such parts above the earth potential.

4. Restriction on smoking.-Smoking shall be strictly prohibited within a distance of 15 meters from the solvent extraction

plant. For this purpose 'No Smoking' signs shall be permanently displayed in the area.

5. Precautions against friction.-(a) All tools and equipment including ladders, chains and other lifting tackle required to

be used in the 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;

other ﬁ ber that can generate static electrical charge or wear footwear which is likely to cause sparks by friction.

6. Fire-ﬁ ghting apparatus.-(a) An adequate number of portable ﬁ re extinguishers suitable for use against ﬂ ammable liquid

ﬁ re 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 a suﬃ cient supply of storage

water shall be provided over the solvent extraction plant and throughout the building housing such plant.

7. Precautions against power failure.-Provision shall be made for the automatic cutting oﬀ of steam in the event of power

failure and also for emergency overhead water supply for feeding water by gravity to condensers which shall come into play

automatically upon a power failure.

8. Magnetic separators.-Oil-cake shall be fed to the extractor by a conveyor through a hopper and a magnetic separator

shall be provided to remove any piece 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 ﬁ re.

(b) All emergency relief vents shall terminate at least six meters above the ground and be so located that the vapors will

not re-enter the building in which the solvent extraction plant is located.

10. Waste-water.-Process waste water shall be passed through a ﬂ ash evaporator to remove any solvent before it is

discharged into a sump which should be located within the fenced area but should not be closer than eight 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. House-keeping.-(a) Solvent shall not be stored in an area covered by the 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 ;

materials and any spills of oils or solvent shall be cleaned up immediately.

13. Examination and repairs.-(a) The solvent extraction plant shall be examined by the competent person to determine

any weakness or corrosion and wear once in every 12 months. Report of such examination shall be supplied to the Inspector-

cum-Facilitator with his observation as to whether or not the plant is in safe condition to work.

(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 qualiﬁ ed and trained persons as are certiﬁ ed by the competent person to be ﬁ t for the purpose and no other person

shall be allowed to operate the plant and machinery.

15. Vapour detection.-A suitable type of ﬂ ame- proof and portable combustible gas indicator shall be provided and

maintained in good working order and a schedule of routine sampling of atmosphere at various locations as approved by the

Chief Inspector-cum-Facilitator shall be drawn out and entered in a register maintained for the purpose.

16.Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in the solvent

extraction plant.

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SCHEDULE XXIV

Fire Works Manufactory and Match Factories

(see rule 81)

1. Application.-The provisions of this Schedule shall apply to all manufactories and processes incidental thereto carried on

in any Fire Works Manufactory or a match works and shall be in addition to and not in derogation of any provisions contained

in other rules.

2. Deﬁ nition.-(a) "Fire Works Manufactory" means any factory or such parts of any factory wherein the following chemicals

or combination of chemicals and materials are being used for the manufacture or crackers, sparklers, caps, fuses, blasting

powder and ﬁ reworks -

Saltpetre;

Pyrotechnic aluminium Powder;

Magnesium Powder;

Charcoal;

Potassium chloride;

Red Phosphorus;

Gum;

Dextrine;

Strontium Nitrate;

Gun Powder (Black Powder);

Copper Coated Wires;

Steel ﬁ lings or iron ﬁ lings;

G.I. Wire;

(b) "Match works" means any establishment which manufactures safety matches or colour matches by the use of chemicals

mentioned in clause (a).

using it in a poisonous asphyxiating or irritant atmosphere breathes ordinary air or any other suitable apparatus approved in

writing by the Chief Inspector-cum-Facilitator in this behalf.

3. Buildings.-(a) The building of any ﬁ reworks manufactory or match factory shall conform to the standards prescribed under

the Indian Explosives Act 1884 (Central Act IV of 1884), and the height of such buildings shall at no time be less than 3 meters;

(b) No building inside a ﬁ reworks manufactory shall have a ﬁ rst ﬂ oor at any time;

(c) In Match works, provided with a ﬁ rst ﬂ oor, there shall be 2 staircases leading from the ﬁ rst ﬂ oor to the ground ﬂ oor

irrespective of the number of persons employed in the ﬁ rst ﬂ oor and one of the staircases shall be of masonry construction or

of non-inﬂ ammable materials;

(d) All doors shall open outwards and all the doorways shall be kept free from obstructions;

(e) All doors of workrooms shall not be less than 1.2 meters in width or less than 2 meters in height;

(f) The ﬂ oors of all work rooms including mixing sheds shall be completely covered by a rubber sheet having a smooth

surface and having a thickness of atleast 3 mm. If the ﬂ oor cannot be covered by a single rubber sheet, more than one rubber

sheet may be used, so that each sheet is overlapped by the other atleast 150 mm; and

(g) Mixing sheds in a ﬁ reworks manufactory shall be at a distance of 18 meters away from all other sheds if the quantity

of chemical stored, handled or used in the mixing shed is less than 50 kilograms and be separated by baﬄ e walls opposite to

each exit of the mixing shed:

Provided that the distance shall be at least 21 meters, if the quantity of chemical stored, handled or used in the mixing

shed exceeds 50 kilograms.

4. House-keeping.-(a)Every part of ways, works, machinery and plant shall be maintained in a clean and tidy condition;

(b) Any spillage of materials shall be cleaned without delay;

5. Electrical Equipment.-(a) If at any time, use of electricity is allowed in the factory, all leads, etc., shall be in conduits

with ﬂ ame-proof junctions;

(b) Electrical supply shall never be through a lamp even with a non-conducting handle.

6. Protective clothing.-(a) Under no circumstances clothes made of artiﬁ cial ﬁ ber like terelene, etc., be allowed inside

the factory;

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113

(b) All employees shall be supplied with asbestos aprons especially to cover the chest, gonads and thighs;

untoward reaction;

(d) In mixing sheds where aluminium and magnesium powders are used "anti-stat" foot-wear to combat static electricity

shall be supplied;

(e) All protective equipments shall be maintained in an eﬃ cient condition and also shall be maintained in a clean and

hygienic condition.

7. Match Factories.-In match factories,-

(i) the residue of the head composition shall not in any way be mixed with the residue of the friction composition ;

(ii) the rooms comprising the two mixing departments, namely, (a) head composition and (b) friction composition shall be

entirely separated from each other and the drains from these two departments shall be kept entirely separate ;

(iii) rubbish containing the residues of the head composition and friction composition shall be kept and burnt separately ;

(iv) department in which completed matches (matches with heads on) are stored shall be separated from all other departments

by means of ﬁ re-proof walls and doors providing adequate means of escape in case of ﬁ re :

Provided that the Chief Inspector-cum-Facilitator may, subject to such conditions, as he may deem necessary, exempt

any factory in existence on the ﬁ rst January 1935, from the provisions of this clause;

(v) Splints, veneers and other materials in excess of the quantity required for the day's manufacture shall be kept in separate

rooms of the factory where no manufacturing process is carried on. No manufactured material shall be stored anywhere in the

factory compound for more than ﬁ ve days after the manufacture except in the storage godowns;

Provided that nothing contained in this clause shall apply to splints and veneers in cases stored in peeling and box

making departments;

(vi) Store room for matches shall be entirely separated by ﬁ re-proof walls from the buildings used for manufacture

(vii) The racks in the dipped splints room shall have sides top and the rear part provided with non-inﬂ ammable materials.

(viii) The process of packing shall be done in an area away from the place of manufacture to the satisfaction of the

Inspector-cum-Facilitator; and

(ix) No child shall be employed or permitted to work in any process directly connected with the manufacturing process up

to ﬁ nal production of match sticks.

8. Precautions to be taken in connection with manufacture of fuses used in crackers, etc.-

(a) Bundles of fuses shall be handled by carrying and not dragging them on the ﬂ oor;

(b) Drying of fuses after wrapping shall be carried out on platforms away tram workrooms;

(d) Cutting shall be done on a large masonry platform covered with a tarpaulin and kept free from grit and pebbles;

(e) Cutting shall be done on a raised platform so that employees can work standing. Cutting must be done by placing the

fuse on wooden sleepers kept over blocks of wood. Brick shall not be used beneath the wooden reapers; and

(f) Employees, while on dangerous operations, shall not wear clothing sewn with ferrous or steel buttons, buckles or

attachments. They shall not carry on their persons, iron knives, keys, etc.

9. General.-(a) No person other than a factory employee and/or an inspecting oﬃ cer or others connected with the

manufacturing process shall be allowed to enter the working area;

(b) Cardboard containers and trays without steel nails shall be used for storage and day-to-day working purposes;

(c) During the manufacture of fuses only brass or non-ferrous knives shall be used and drying of ﬁ nes shall be away from

all workrooms;

(d) Door mats shall be provided outside the workroom and near all drying platforms and where fuses are cut for the

employees to clean their feet;

(e) At no time, mixing materials shall exceed the quantity that is required for the manufacture of mixing for half an hour

operation only;

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(f) For ﬁ lling up chemicals in the inner tubes of crackers, only aluminium or plastic rings shall be used and not galvanized

iron rings;

(g) Buckets, containers, hoops, locks, nails, screws, bolts, nuts, knives, scissors, hinges, latches etc., made up of iron shall

not be used within the factory premises;

(h) Wooden racks without iron nails shall be used for drying paper cap sheets, in amorces factories;

(i) Wooden racks used for drying paper cap sheets shall be provided with asbestos or other ﬁ re resistant sheets on the

three sides leaving the front side open;

(j) Dried paper cap sheets shall be carried in wooden trays with four compartments (partitions) each compartment (partition)

carrying a single sheet;

(k) Each manufacturing shed of ﬁ reworks shall have atleast two doors facing each other. The doors provided to the work

sheds of adjacent rows shall not face each other;

(l) Not more than four persons shall be employed or allowed at any one time in any one building in which explosive is

being manufactured;

(m) Copper plates shall be ﬁ xed on the baﬄ e wall of the chemical mixing shed and chemical ﬁ lling shed; and the employees

before entering those sheds, shall place their hands on the copper plates in order to discharge the electrostatic charges from

their body and to protect them from any untoward ﬁ re or explosion;

(n) Employees aged above 55 years shall be employed only in non-explosive areas;

(o) No person, aged 50 years and above shall be employed in Fireworks Manufactory unless his eyesight including colour

vision and his hearing capacity are examined and declared ﬁ t by a qualiﬁ ed ophthalmologist and ENT specialist, respectively,

to work whether with or without use of corrective appliances. Such examinations shall be made atleast once in every two

years. Record of examination or re-examination carried out shall be produced on demand to Inspector-cum-Facilitator at the

time inspection;

(p) Work benches and tables shall be provided for mixing and ﬁ lling operations;

(q) Blast walls shall be provided around the drying platform at a distance of 2 meters away from the drying platform. The

height of the blast wall shall be atleast one foot more than that of the height of the drying platform;

(r) In every Fireworks Factory, there shall be appointed a Supervisor with minimum qualiﬁ cation of B.Sc. (Chemistry) or

Diploma in Chemical Engineering or its equivalent. He shall be fully conversant with the process of manufacture of ﬁ reworks

and the associated hazards. These Supervisors shall undergo special training of ﬁ reworks safety as approved by the Chief

Inspector-cum-Facilitator. Number of Supervisors shall be at the rate of 1 for every 50 employees. Manufacture of ﬁ reworks

shall be carried out under the supervision of such Supervisors;

(s) Factories which make fancy crackers shall have,-

(i) separate colour pellet machine shed;

(ii) separate colour pellet drying shed; and

(iii) separate transit rock for storing colour pellets.

(t) Not more than one manufacturing activity at any one item of crackers shall be allowed or required to be done in any

working shed at a time;

(u) The employees involved in mixing and ﬁ lling operations shall have an education qualiﬁ cation of at least tenth standard;

(v) The drying platform meant for Rockets and Fire Works of ﬂ ying nature shall be provided with a temporary roof of a

strong aluminium mesh cover resting on the baﬄ e walls, for protection from direct sunlight;

(w) There shall be provided at least two burning pits in every factory and each burning pit shall be at a minimum distance

of 62 meters away from the working sheds;

(x) The collected waste shall be disposed in the burning pit after the working hours of the factory on the same day in the

presence of the Foreman by a trained employee;

(y) Wind direction indicator shall be provided in each factory;

(z) No electronic appliances such as mobile phones, transistors etc., shall be allowed in the premises, where ﬁ reworks are

manufactured, handled, stored or used;

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115

(aa) The mixed chemicals shall be used on the same day. No mixed chemical (ﬁ reworks) composition, dry or wet shall be

kept in the factory at the close of any working day. Such residual composition shall be safely destroyed at the close of the day;

(ab) Fireworks factory ordinarily employing 250 employees or more shall appoint a qualiﬁ ed Safety Oﬃ cer as per the Code;

(ac) No manufacturing activity shall be carried on in Fireworks factory between 6.00 pm. to 6.00 am.

10. Display of notices.-The following notices in the local language understood by the majority of employees shall be

displayed at a conspicuous place in the factory,-

(a) Smoking is strictly prohibited.

(b) No one shall carry matches or other igniting materials into the factory.

(d) If anything untoward happens in any shed all employees shall dash to the gates which serve as outgates of the factory

and in no circumstances be curious to see what has happened in the aﬀ ected shed.

(e) Any spillage of materials should be cleaned without any delay.

(f) Wearing of clothes made of artiﬁ cial ﬁ ber like terene, etc., is prohibited. Clothing’s sewn with ferrous or steel buttons or

buckles or attachments should not be worn.

(g) Foot wears with iron nails should not be used.

(h) employees should not carry with themselves iron knives and iron keys, etc.

11. First-aid boxes.-(a) The required materials shall be kept in the First-Aid Box. In addition, four stretchers shall be

available for every twenty persons employed in the premises.

(b) Adequate amount of burn dressings and 24 ounces of coconut oil to be used as the ﬁ rst remedy for burns shall be

kept in the First-Aid Box.

Ambulance Association for rendering ﬁ rst-aid.

12. Medical Examination by Medical Oﬃ cer.- (1) Every employee employed in the process of mixing, ﬁ lling and handling of

chemicals in the ﬁ re-works factories shall be medically examined by a Medical Oﬃ cer within ﬁ fteen days of his ﬁ rst employment.

Such medical examination shall include skin test for Dermatitis, Pulmonary Function Test and Chest X-ray. No employee 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

Oﬃ cer.

(2) Every employee employed in the said process shall be re-examined by a Medical Oﬃ cer at least once in every six

months. Such re-examination shall, wherever the Medical Oﬃ cer considers appropriate, include all the tests speciﬁ ed in sub-

paragraph (1) except Chest X-ray which will be done once in three years.

(3) The Medical Oﬃ cer after examining an employee shall issue a Certiﬁ cate of Fitness in FORM XXIII. The record of re-

examination carried out shall be entered in the certiﬁ cate and the certiﬁ cate 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 Oﬃ cer in a Health Register in FORM XXIV.

(4) The Certiﬁ cate 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 Oﬃ cer is of the opinion that an employee 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 employee, he shall make a record of

his ﬁ ndings in those documents and should also include the period for which he considers that the said person is unﬁ t for work

in the said processes. The person so suspended from the process shall be provided with alternate placement facilities unless

he is fully incapacitated in the opinion of the Medical Oﬃ cer, in which case the person aﬀ ected shall be suitably rehabilitated.

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

work in the said processes unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those

processes.

13. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work on operation

where chemicals are mixed and where fuses are cut.

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Sඋඐඍඌඝඔඍ XXV

Manufacture or Manipulation of Manganese and its Compounds

(see rule 81)

1. Deﬁ nitions.-For the purpose of this Schedule,-

(a) "Manganese Process" means processing, manufacture or manipulation of manganese or any compound of manganese

or any ore or any mixture containing manganese.

(b) "First employment" means ﬁ rst employment in any manganese process and includes also re- employment in any

manganese process following any cessation of employment for a continuous period exceeding 3 calendar months ;

handling of manganese or a compound of manganese or any mixture containing manganese ;

(d) “Eﬃ cient exhaust ventilation" means localized ventilation eﬀ ected by mechanical means for the removal of dust or fume

or mist at its source of origin so as to prevent it from escaping into the atmosphere of any place where any work is carried on.

No draught shall be deemed to be eﬃ cient which fails to remove the dust or fume or mist at the point where it is generated and

fails to prevent it from escaping into and spreading into the atmosphere of a work place.

2. Application.-The Schedule shall apply to every factory in which or in any part of which any manganese process is

carried on.

3. Isolation of a process.-Every manganese process which may give rise to dust, vapour or mist containing manganese

shall be carried on in a totally enclosed system or otherwise eﬀ ectively isolated from other processes so that other plants and

process and other parts of the factory and persons employed on other work or process may not be aﬀ ected by the same.

4. Ventilation of process.-No process, in which any dust, vapour or mist containing manganese is generated, shall be

carried out except under a eﬃ cient exhaust ventilation which shall be applied as near to the point of generation as practicable.

5. Medical facilities and records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall

(a) employ a qualiﬁ ed medical practitioner for medical surveillance 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).

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained

in FORM XXIV, which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

6. Medical Examination by Medical oﬃ cer.-(1) Every employee employed in any manganese processes shall be examined

by a Medical oﬃ cer within 15 days of his ﬁ rst employment. Such examination shall include tests for detection of serum calcium,

serum phosphate and manganese in blood and urine and also include steadiness tests and other neuromuscular co-ordination

tests. No employee shall be allowed to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such

employment by the Medical Oﬃ cer.

(2) Every employee employed in a manganese process shall be re-examined by a Medical Oﬃ cer at least once in every

three calendar months and such examinations shall, wherever the Medical Oﬃ cer considers appropriate, include all the tests

in sub-paragraph (1).

(3) The Medical Oﬃ cer after examining an employee shall issue a certiﬁ cate of ﬁ tness in FORM XXIII. The record

of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate 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 Oﬃ cer in a Health Register in

FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical oﬃ cer is of the opinion that the employee 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 employee, 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 to work in the said processes. The person so suspended from the

process, shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical Oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

the said process unless the Medical Oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those processes.

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117

7. Personal Protective Equipment.-(1) The Occupier of the factory shall provide and maintain in good and clean condition

suitable overalls and head coverings for all persons employed in any manganese process and such overalls and head coverings

shall be worn by the persons while working on a manganese process.

(2) The Occupier of the factory shall provide suitable respiratory protective equipment for use by employees in emergency

to prevent inhalation of dusts, fumes or mists suﬃ cient number of complete sets of such equipment shall always be kept near

the workplace and the same shall be properly maintained and kept always in a condition to be used readily.

(3) The Occupier shall provide and maintain for the use of all persons employed, suitable accommodation for the storage

and make adequate arrangements for cleaning and maintenance of personal protective equipment.

8. Food, drinks prohibited in the workrooms.-No food, drink, pan and supari or tobacco shall be allowed to be brought

into or consumed by any employee in any work room in which any manganese process is carried on.

9. Mess-room.-There shall be provided and maintained for the use of the persons employed in a manganese process a

suitable mess-room which shall be furnished with suﬃ cient tables and benches and adequate means for warming of food. The

mess room shall be placed under the charge of a responsible person and shall be kept clean.

10. Washing facilities.-There shall be provided and maintained in a clean state and in good condition, for the use of

persons employed on manganese process a wash place under cover, with either

(1) a trough with a smooth impervious surface ﬁ tted with a waste pipe without plug. The trough shall be of suﬃ cient length

to allow at least 60 centimeters for every ten such persons employed at any one time, and having a constant supply of water

from tap or jets above the trough at intervals of not more than 60 centimeters, or at least one wash basin for every ﬁ ve such

persons employed at any one time, ﬁ tted with a waste pipe and plug and having a constant supply of water; and

(2) suﬃ cient supply of soap or other suitable cleaning material and nail brushes and clean towels.

11. Cloak-room.-If the Chief Inspector-cum-Facilitator so requires there shall be provided and maintained for the use of

persons employed in manganese process a cloak-room for the clothing put oﬀ during working hours with adequate arrangement

for drying the clothing.

12. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any

Manganese process.

13. Cautionary placard instructions.- Cautionary notices in the following form and printed in the language of the majority

of the employees employed, shall be aﬃ xed in prominent places in the factory where they can be easily and conveniently

read by the employees and arrangements shall be made by the occupier to instruct periodically all employees employed in a

manganese process regarding the health hazards connected with their duties and the best preventive measures and methods

to protect themselves. The notices shall always be maintained in a legible condition.

CAUTIONARY NOTICE

Manganese and Manganese Compounds-

1. Dust fumes and mists of Manganese and Compounds are toxic when inhaled or when ingested.

2. Do not consume food or drink near the work place.

3. Take a good wash before taking meals.

4. Keep the working area clean.

5. Use the protective clothing and equipments provided.

6. When required to work in situations where dusts, fumes, or mists are likely to be inhaled, use respiratory protective

equipments provided for the purpose.

7. If you get severe headaches, prolonged sleeplessness or abnormal sensations on the body, loose gait, speech interference

and loss of virility, report to the Occupier who would make arrangements for your examination and treatment.

SCHEDULE XXVI

CARBON DISULPHIDE PLANTS

(see rule 81)

1. Application.-This Schedule shall apply to all electric furnaces in which carbon disulphide is generated and all other

plants where carbon disulphide, after generation is condensed, reﬁ ned and stored.

These rules are in addition to and not in derogation of any of the provisions of the Act and the rules made thereunder.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

2. Construction, installation and operation.-(a) The buildings in which electric furnaces are installed and carbon disulphide

after generation is condensed and reﬁ ned shall be segregated from other parts of the factory and shall be of open type to ensure

optimum ventilation and the plant layout shall be such that only a minimum number of employees are exposed to the risk of

any ﬁ re or explosion at any one time.

(b) Every electric furnace and every plant in which carbon disulphide is condensed, reﬁ ned and stored with all their ﬁ ttings

and attachments shall he of good construction, sound material and of adequate strength to sustain the internal pressure to

which the furnace or the plant may be subjected and shall be so designed that carbon disulphide liquid and gas are in closed

system during their normal working.

(d) Every electric furnace shall be instilled and operated according to manufacturers' instructions and these instructions

shall be clearly imparted to the personnel in charge of construction and operation.

(e) The instructions regarding observance of correct furnace temperature, sulphur dose, admissible current/power consumption

and periodical checking of charcoal level shall be strictly complied with.

3. Electrodes.-(a) Where upper ring electrodes made of steel or used in the electric furnace, they shall be of seamless tube

construction and shall have arrangement for being connected to cooling water system through a siphon builts in the electrodes

or through a positive pressure water-pump.

(b) The arrangement for cooling referred to in clause (a) shall be connected with automatic alarm system which will actuate

in the event of interruption of cooling water in the electrodes and give visible and audible alarm signals in the control room and

simultaneously stop power supply for the furnace operation and to stop the further supply of water. The alarm system and the

actuating device shall be checked every day.

4. Maintenance of charcoal level.-When any electric furnace is in operation, it shall be ensured that the electrodes are

kept covered with charcoal bed.

5. Charcoal separator.-(a) Cyclone type of charcoal separator shall be ﬁ tted on the oﬀ take pipe between the electric

furnace and sulphur separator to prevent entry of pieces of char-coal into the condensers and piping.

(b) Any other design for gas oﬀ take pipe which does not allow charcoal pieces into the condensers and piping may be

adopted.

6. Rupture Discs and Safety Seal.-(a) At least two rupture discs of adequate size which shall blow oﬀ at a pressure

twice the maximum operating pressure shall be provided on each furnace and shall either be mounted directly on the top of the

furnace or each through an independent pipe as close as possible to the furnace.

(b) A safety water seal shall be provided at the best possible location to ensure the maximum and eﬀ ective operation of

the rupture discs mentioned in (a) above.

7. Pyrometer and Manometers.-(a) Each electric furnace shall be ﬁ tted with adequate number of pyrometers (to give an

indication of the temperature as correctly as reasonably practicable) at various points in the furnace. The dials for reading the

temperature shall be located in the control room.

(b) Manometers or any other suitable devices shall be provided for indicating pressure

(i) in the oﬀ take pipe before and after the sulphur separator ; and

(ii) in primary and secondary condensers.

8. Check Valves or Water Seals.-All piping carrying carbon disulphide shall be ﬁ tted with check valves or water seals at

suitable positions so as to prevent gas from ﬂ owing back into any electric furnace in the event of its shut down.

9. Inspection and maintenance of Electric Furnaces.-(a) Every electric furnace shall be inspected internally by a

competent person

(i) before being placed in service after installation;

(ii) before being placed in service after reconstruction or repairs; and

(iii) periodically every time the furnace is opened for cleaning or replaced electrodes.

In respect of item (iii) if it is felt by operators that during dashing it is not necessary to inspect internally so as to

conserve the heat in the furnace, internal inspection can be done away with.

(b) When an electric furnace is shut down for cleaning,-

(i) if removal of any part of the lining is resorted to, the condition of the shell shall be closely inspected, and

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119

(ii) any plates forming shell found corroded to the extent that safety of the furnace is endangered shall be replaced:

10. Maintenance of Records.-The following hourly records shall be maintained in a logbook

(i) Manometer reading at the points speciﬁ ed in sub-clause (b) of clause 7.

(ii) Gas temperature indicated by pyrometers and all other vital points near the sulphur separator and primary and

secondary condensers.

(iii) Water temperature and ﬂ ow of water through the siphon in the electrodes.

(iv) Primary and secondary voltages and current and energy consumed.

11. Electrical apparatus, wiring and ﬁ ttings.-All buildings in which carbon disulphide is reﬁ ned or stored shall be provided

with electrical apparatus, wiring and ﬁ ttings which shall aﬀ ord adequate protection from ﬁ re and explosion.

12. Prohibition relating to smoking.-No person shall smoke or carry matches, ﬁ re or naked light or other means of

producing a naked light or spark in buildings in which carbon disulphide is reﬁ ned or stored, and a notice in the language under-

stood by a majority of the employees shall be posted in the plant prohibiting smoking and carrying of matches, ﬁ re or naked

light of other means of producing naked light or spark into such rooms.

13. Means of escape.-Adequate means of escape shall be provided and maintained to enable persons to move to a safe

place as quickly as possible in case of an emergency. At least two independent staircases of adequate width shall be provided in

every building housing the furnaces at reasonable intervals at opposite ends. These shall always be kept clear Mall obstructions

and so designed as to aﬀ ord easy passage.

14. Warnings in case of ﬁ re.-There shall be adequate arrangements for giving warnings in case of ﬁ re or explosion which

shall operate on electricity and, in case of failure of electricity, by some mechanical means.

15. Fireﬁ ghting equipment.-(a) Adequate number of suitable ﬁ re extinguishers or other ﬁ re-ﬁ ghting equipment shall be

kept in constant readiness for dealing with risks involved and depending on the amount and nature of materials stored:

(b) Clear instructions as to how the extinguishers or other equipment should be used shall be printed in the language which

the majority of the employees employed understand. The instructions shall be aﬃ xed to each extinguisher or other equipment

and the personnel trained in their use shall be supplied with the instructions.

16. Bulk sulphur.- (a) Open or semi-enclosed space for storage of bulk sulphur shall be sited with due regard to the dangers

which may arise from sparks given oﬀ by nearby locomotive, etc., and precautions shall be taken to see that ﬂ ames, smoke and

matches and other sources of ignition do not come in contact with the clouds of dust arising during handling of bulk sulphur.

(b) All enclosures for bulk sulphur shall be of non-combustible construction, adequately ventilated and so designed as to

provide a minimum of ledges on which dust may lodge.

no ﬂ ame, smoke and matches or other sources of ignition shall be employed during handling and non-sparking tools shall be

used whenever sulphur is shovelled or otherwise removed by band.

(d) No repairs involving ﬂ ames, beat or use of hand or power tools shall be made in the enclosure where bulk sulphur is

stored.

17. Liquid sulphur.-Open ﬂ ames, electric sparks and other sources of ignition, including smoke and matches, shall be

excluded from the vicinity of molten sulphur.

18. Training and supervision.-(a) All electric furnaces and all plants in which carbon disulphide is condensed, reﬁ ned or

stored shall be under adequate supervision at all times while the furnaces and plant are in operation.

(b) Employees in charge of operation and maintenance of electric furnaces and the plants shall be properly qualiﬁ ed and

adequately trained.

19. Washing facilities.- The occupier shall provide and maintain in a clean state and in good repair, for the use of all

persons employed a wash-place under cover with atleast one tap or stand-pipe, having a constant supply of clean water for

every ﬁ ve such persons, the taps or stand-pipes being spaced not less than 120 centimeters apart with a suﬃ cient supply of

soap and clean towels, provided that towels shall be supplied individually to each employee if so ordered by the Inspector-cum-

Facilitator. All the employees employed in sulphur storage handling and inching operations shall be provided with a nail brush.

20. Personal Protective equipment.-(a) Suitable goggles and protective clothing consisting of overalls without pockets,

gloves and foot-wear shall be provided for the use of operatives:

(i) when operating valves or cocks controlling ﬂ uids, etc;

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(ii) drawing oﬀ of molten sulphur from sulphur pots; and

(iii) handling charcoal or sulphur.

(b) Suitable respiratory protective equipment shall be provided and stored in the appropriate place for use during abnormal

conditions or in an emergency.

21. Cloak-rooms.-There shall be provided and maintained for the use of all persons employed in the processes a suitable

cloak-room for clothing put oﬀ during work hours and a suitable place separate from the cloak-room for the storage of overalls or

working clothes The accommodation so provided shall be placed in the charge of a responsible person and shall be kept clean.

22. Unauthorized persons.-Only maintenance and repair personnel, persons directly connected with the plant operation

and those accompanied by authorized persons shall be admitted into the plant.

SCHEDULE XXVII

Manufacture, Handling and use of Benzene

(see rule 81)

1. Application.-The provisions of this Schedule shall apply to all factories or parts thereof in which Benzene or substances

containing Benzene are manufactured, handled or used.

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

(a) 'Substances containing benzene' means 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;

(d) 'Eﬃ cient exhaust draught ' means localized ventilation eﬀ ected by mechanical means for the removal of gases, vapors,

dusts or fumes so as to prevent them from escaping into the air of any workroom. No draught shall be deemed to be eﬃ cient

if it fails to remove smoke generated at the point where such gases, vapors, fumes or dusts originate.

3. Prohibition and substitution.-(a) Use of benzene and substances containing benzene is prohibited in the following

processes:-

(i) Manufacture of varnishes, paints and thinners; and

(ii) cleaning and degreasing operations.

(b) Benzene or substances containing Benzene shall not be used as a solvent or diluent 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;

This provision, however, shall not apply to the processes speciﬁ ed in Appendix A;

(d) The Chief Inspector-cum-Facilitator may, subject to conﬁ rmation 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, to workroom in which Benzene or

substances containing Benzene are used, shall be equipped with an eﬃ cient exhaust draught or other means for the removal

of Benzene vapors to prevent their escape into the air of the workroom so that the concentration of Benzene in the air does

not exceed 25 parts per million by volume or 80 mg/m3;

(c) Air analysis for the measurement of concentration of Benzene vapors 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 vapors in air as measured by air analysis, exceeds 25 parts per million by volume or 80 mg/m3 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) shall be provided with suitable respirators or face masks. The duration of such

exposure shall be limited as far as possible.

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121

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 aﬀ ected by Benzene or its vapors.

(b) The protective wear referred to in sub-clause (a) shall be maintained in good condition and inspected regularly.

6. Labeling.-Every container holding Benzene or sub-stances containing Benzene shall have the word Benzene" and

approved danger symbols clearly visible on it and shall also display information on Benzene content, warning about leaky and

warning about inﬂ ammability of the chemical.

7. 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.

8. 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.

9. Instruction as regards risks.-Every employee on his ﬁ rst 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.

10. Cautionary notices.-Cautionary notices in the form speciﬁ ed 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.

11. Washing facilities, cloak-room 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;

proper arrangements exist for the employees to take their meals, the requirements of mess-room shall be dispensed with.

12. Medical facilities and records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall -

(a) employ a qualiﬁ ed Medical Practitioner for medical surveillance 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).

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained

in FORM XXIV, which shall be kept readily available for inspection by the Inspector-cum-Facilitator.

13. Medical Examination by the Medical oﬃ cer.-(1) Every employee employed in processes mentioned in paragraph 1,

shall be examined by a Medical oﬃ cer within 15 days of his rust employment. Such examination shall include tests for detection

of Phenol in urine and determination of urinary sulphide ratio and C.N.S. and Haemotologyical tests. No employee shall be

allowed to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed ﬁ t for such employment by the Medical oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical oﬃ cer at least once in every twelve

calendar months and such examinations shall, wherever the Medical oﬃ cer considers appropriate, include all the tests speciﬁ ed

in sub-paragraph (1). Further, every employee shall also be examined once in every three months by the factory Medical Oﬃ cer.

(3) The Medical oﬃ cer after examining an employee, shall issue a certiﬁ cate of ﬁ tness in FORM XXIII.The record

of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate 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 oﬃ cer in a Health Register in

FORM XXIV.

(4) The certiﬁ cate of ﬁ tness and the health register shall be kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time the Medical oﬃ cer is of the opinion that an employee 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 employees, 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 to work in the said processes. The person so suspended from the

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical oﬃ cer,

in which case the person aﬀ ected shall be suitably rehabilitated.

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

the said processes unless the Medical oﬃ cer, after further examination, again certiﬁ es him ﬁ t for employment in those processes.

14. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in any workroom

involving exposure to Benzene or substance containing Benzene.

APPENDIX A

[see clause 3(b)]

1. Production of Benzene.

2. Process where Benzene is used for chemical synthesis.

3. Motor spirits (used as fuel).

APPENDIX B

(see clause 10)

(a) The hazards—

(i) Benzene and substances containing Benzene are harmful;

(ii) Prolonged or repeated breathing of Benzene vapors may result in acute or chronic poisoning;

(iii) Benzene can also be absorbed through skin which may cause skin and other diseases

(b) The preventive measures to be taken-

(i) Avoid breathing of benzene vapors;

(ii) Avoid prolonged or repeated contact of benzene with the skin;

(iii) Remove benzene soaked or wet clothing promptly;

(iv) If any time you are exposed to high concentration of benzene vapors and exhibit the sign and symptoms such as

dizziness, diﬃ culty in breathing, excessive excitation and losing of consciousness, immediately inform your occupier;

(v) Keep all the containers of benzene closed;

(vi) Handle, use and process benzene and substances containing benzene carefully in order to prevent their spillage

on ﬂ oor;

(vii) Maintain good house-keeping;

(i) the respiratory protective equipment in places where benzene vapors are present in high concentration;

(ii) In emergency, use self-generating oxygen mask or oxygen or air cylinder masks;

(iii) Wear hand gloves, aprons, goggles and gum boots to avoid contact of benzene with your skin and body parts.

(d) The ﬁ rst-aid measure to be taken in the case of acute benzene poisoning -

(i) Remove the clothing immediately if it is wetted with benzene.

(ii) If liquid benzene enters eyes, ﬂ ush thoroughly for at least ﬁ fteen minutes with clean running water and immediately

secure medical attention.

(iii) In case of usual exposure to benzene vapour, call a physician immediately. Until he arrives do the following

If the exposed person is conscious:-

(A) Move him to fresh air in open;

(B) Lay down without a pillow and keep him quiet and warm.

If the exposed person is unconscious:-

(a) Lay him down preferably on the left side with the head low;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

123

(b) Remove any false teeth, chewing gum, tobacco or other foreign objects which may be in his mouth;

(d) In case of shallow breathing or cyanosis (blueness of skin, lips, ears, ﬁ nger nails beds) he should be provided with

medical oxygen or oxygen carbon di oxide mixture. If needed, he should be given artiﬁ cial respiration. Oxygen should be

administered by a trained person only.

Sඋඐඍඌඝඔඍ XXVIII

Operations involving High Noise and Vibration levels

(see rule 81)

PART-A

High Noise Levels

1. Application.- This Part of the schedule 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 85dB or above;

(c) “Decibel” means one-tenth of “Bel” which is the fundamental divisions of a logarithmic scale used to express 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.

3. 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 employee 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 dBA

100

1½

102

105

107

110

115

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

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.-1. No exposure in excess of 140 dB peak sound pressure level is permitted.

2. For any peak sound pressure level falling in between any 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 1would 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 diﬀ erent levels their combined

eﬀ ect should be considered, rather than the individual eﬀ ect of each. The mixed exposure should be considered to exceed the

limit value if the sum of the fractions.

C1/T1 + C2/T2+……….+Cn/Tn............. exceeds unit P-1

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 employee 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 employees.-

(i) so as to eliminate the risk to hearing or to reduce the risk to as low 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 eﬀ ectiveness, used and

maintained in good working order and repair.

(iv) ensure that employees are given periodical training in the use, care and maintenance of the Personal hearingprotectors.

(5) Where the ear protectors provided in accordance with sub-paragraph 3 of paragraph 4 and worn by an employee 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.

(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 eﬀ ective hearing conservation program which shall include among other hearing

conservation measures, pre-employment and periodical auditory surveys conducted on employees exposed to noise exceeding

the permissible levels, and rehabilitation of such employees 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 employee 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 Medical oﬃ cer 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 Medical oﬃ cer 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

125

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 an employee 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 employee 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 employee 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 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.

TABLE

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 employee 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5. Engineering Control measures.-(1) The occupier shall ensure that risk from the exposure of employees 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 program of engineering control measures which are appropriate to this type of activity.

(3) The occupier shall ensure that the employees 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 employees 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 employees shall be maintained by the occupier for a period of ﬁ ve years from the date of last test

and produce to the Inspector-cum-Facilitator on demand.

(3) If at any time the Medical oﬃ cer is of the opinion that the employee 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 employee he shall make a record of his ﬁ tness in

the certiﬁ cate in FORM XXIII and the health register in FORM XXIV. 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

Medical oﬃ cer in which case the person aﬀ ected shall be suitably rehabilitated.

7. Personal Protective equipment.-(1) The occupier shall ensure that the employees who are likely tobe 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 should include hand gloves arid safety shoes. The

protective clothing shall be able to protect the employees from cold and dump.

2) The Occupier shall ensure that employees 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 aﬀ ect the health of the employees employed in the

process to which this part of schedule apply.

(2) The occupier shall provide all employees 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;

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

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127

(f) The information, instruction and training required by sub - paragraph (2) shall be updated to take accounted 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 employees being exposed to undesired high vibrations.

9. Prohibition relating to Pregnant Women.- No pregnant women shall be employed or permitted to work in the operations

speciﬁ ed in paragraph 1 ofPart-B of this schedule.

Sඋඐඍඌඝඔඍ XXIX

Manufacture or Manipulation of Dangerous Pesticides

(see rule 81)

1. Application.-This schedule shall apply in respect of all factories or any part thereof in which the process of manufacture

or manipulation of dangerous pesticide (thereinafter referred to as the said manufacturing process) is carried on.

2. Deﬁ nition.-For the purpose of this schedule -

(a) "dangerous pesticides" means any product proposed or used for controlling, destroying or repelling any pest or for

preventing growth or mitigating eﬀ ects of such growth including any of its formulations which is considered toxic under and is

covered by the Insecticides Act, 1968 and the rules made thereunder and any other products as may be notiﬁ ed from time to

time by the Government;

(b) "manipulation" includes mixing, blending, formulating, ﬁ lling, emptying, packing or otherwise handling ;

mist so as to prevent them from escaping into the air of any workroom in which work is carried on. No exhaust draught shall

be considered eﬃ cient if it fails to remove smoke generated at the point where such gas, fume, dust, vapour or mist originates

from the processes; and

(d) "ﬁ rst employment" shall mean ﬁ rst employment in any manufacturing process to which this schedule applies and shall

also include re-employment in the said manufacturing process following any cessation of employment for a continuous period

exceeding three calendar months.

3. Instruction to employees.-Every employee on his ﬁ rst employment shall be fully instructed on the properties including

dangerous properties of the chemicals handled in the said manufacturing process and the hazards involved. The employees

shall also be instructed in the measures to be taken to deal with any emergency. Such instructions shall be repeated periodically.

4. Cautionary notice and placards.-Cautionary notices and placards in the form speciﬁ ed in the Appendix to this Schedule

and printed in the language of the majority of the employees shall be displayed in all work places in which said manufacturing

process is carried on so that they can be easily and conveniently read by the employees. Arrangements shall be made by the

occupier of the factory to periodically instruct the employees regarding the health hazards arising in the said manufacturing

proem and methods of protection. Such notices shall include brief instructions regarding the periodical clinical tests required to

be undertaken for protecting health of the employees.

5. Food, drink and smoking prohibited.-(1) No food, drink, tobacco, pan or supari shall be brought into or consumed by

any employee in any workroom in which the said manufacturing process is carried out.

(2) Smoking shall be prohibited in any workroom in which the said manufacturing process is carried out.

6. Protective clothing and protective equipment.-(1) Protective clothing consisting of long pants and shirts or overalls

with long sleeves and head coverings shall be provided for all employees employed in the said manufacturing process.

(2) (a) Protective equipment consisting of rubber gloves, gum boots, rubber aprons, chemical safety goggles and respirators

shall be provided for all employees employed in the said manufacturing process.

(b) Gloves, boots, aprons shall be made from synthetic rubber where a pesticide contains oil.

(3) Protective clothing and equipment shall be worn by the employees supplied with such clothing and equipment.

(4) Protective clothing and equipment shall be washed daily from inside and outside if the employees handle pesticides

containing nicotine or phosphorous and shall be washed frequently if handling other pesticides.

(5) Protective clothing and equipment shall be maintained in good repair.

7. Floors and work-benches.-(1) Floors in every work-room where dangerous pesticides are manipulated shall be of

cement or other impervious material giving a smooth surface.

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(2) Floor shall be maintained in good repair, provided with adequate slope leading to a drain and thoroughly washed once

a day with hose pipe.

(3) Work-benches where dangerous pesticides are manipulated shall be made of smooth,non-absorbing material preferably

stainless steel and shall be cleaned at least once daily.

8. Spillage and waste.-(1) If a dangerous pesticide during its manipulation splashes or spills on the work-bench, ﬂ oor or

on the protective clothing worn by an employee, immediate action shall be taken for thorough decontamination of such areas

or articles.

(2) Cloth, rags, paper or other material soaked or soiled with a dangerous pesticide shall be deposited in a suitable receptacle

with tight ﬁ tting cover. Contaminated waste shall be destroyed by burning at least once a week.

(3) Suitable deactivating agents, where available shall be kept in a readily accessible place for use while attending to a

spillage.

(4) Easy means of access shall be provided to all parts of the plant for cleaning, maintenance and repairs.

9. Empty containers used for dangerous pesticides.-Containers used for dangerous pesticides shall be thoroughly

cleaned of their content and treated with an inactivating agent before being descended or destroyed.

10. Manual handling.-(1) A dangerous pesticide shall be required or allowed to be manipulated by and except by means

of a long handled scoop.

(2) Direct contact of any part of the body with a dangerous pesticide during its manipulation shall be avoided.

11. Ventilation.-(1) In every workroom or area where a dangerous pesticide is manipulated, adequate ventilation shall be

provided at all times by the circulation of fresh air.

(2) Unless the process is completely enclosed, the following operations during manipulation of a dangerous pesticide shall

not be undertaken without an eﬃ cient exhaust draught

(a) emptying a container holding a dangerous pesticide;

(b) blending a dangerous pesticide;

(d) changing or ﬁ lling a dangerous pesticide into a container, tank hopper or machine or small sized containers.

(3) In the event of a failure of the exhaust or draught provided on the above operation, the said operations shall be stopped

forthwith.

12. Time allowed for washing.-(1) Before each meal and before the end of the day's work at least ten minutes in addition

to the regular rest interval shall be allowed for washing to each employee engaged in the manipulation of dangerous pesticide.

(2) Every employee engaged in the manipulation of dangerous pesticides shall have a thorough wash before consuming

any food and also at the end of the day's work.

13. Washing and bathing facilities.-(1) There shall be provided and maintained in a dean state and in good repair for

the use of all employees employed in the factory where the said manufacturing process is carried on, adequate washing and

bathing places having a constant supply of water under cover at the rate of one such place for every 5 persons employed.

(2) The washing places shall have stand pipes placed at intervals of not less than one meter.

(3) Not less than one half of the total number of washing places shall be provided with bathrooms.

(4) Suﬃ cient supply of clean towels made of suitable material shall be provided :

Provided that such towels shall be supplied individually for each employee if so ordered by the Inspector-cum-Facilitator.

(5) Suﬃ cient supply of soap and nail brushes shall be provided.

14. Cloakroom.-There shall be provided and maintained for the use of all employees employed in the factory where the

said manufacturing process is carried on:

(a) a cloakroom for clothing put oﬀ during working hours with adequate arrangements for drying clothing, if wet and

(b) separate and suitable arrangements for the storage of protective clothing provided under

paragraph 7.

15. Mess-room.-(1) There shall be provided and maintained for the use of all employees employed in the factory in which

the said manufacturing process is carried on and remaining on the premises during the rest intervals, a suitable mess-room

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129

(a) suﬃ cient tables and benches with back rest, and

(b) adequate means for warming food.

(2) The mess room shall be placed under the charge of a responsible person and shall be kept clean.

16. Manipulation not to be undertaken.-Manufacture or manipulation of a pesticide shall not be undertaken in any factory

unless a certiﬁ cate regarding its dangerous nature or otherwise is obtained from the Chief Inspector-cum-Facilitator.

17. Medical facilities and records of examinations and tests.-(1) The occupier of every factory to which the schedule

applies, shall

(a) employ a qualiﬁ ed Medical Practitioner for medical surveillance 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).

(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.

18. Medical Examination by Medical Oﬃ cer.- (1) Every employee employed in the processes mentioned in paragraph

1 shall be examined by a Medical Oﬃ cer within 15 days of his ﬁ rst employment. Such examination in respect of Halogenated

Pesticides, shall include tests for determination of the chemical in blood and in fat tissues, EEG abnormalities and memory tests,

in respect of organo phosphorous compounds, such examination shall include test for depression of cholinesterase in plasma

and red blood cells. No employee shall be allowed to work after 15 days of his ﬁ rst employment in the factory unless certiﬁ ed

ﬁ t for such employment by the Medical Oﬃ cer.

(2) Every employee employed in the said processes shall be re-examined by a Medical Oﬃ cer at least once in every six

calendar months. Such examinations shall, wherever the Medical Oﬃ cer considers appropriate, include the tests speciﬁ ed in

sub-paragraph (1). Further every employee employed in the said processes shall also be examined once in every three months

by the factory Medical Oﬃ cer.

(3) The Medical Officer after examining an e m plo y e e, shall issue a certificate of fitness in

FORM XXIII.The record of examination and re-examinations carried out shall be entered in the Certiﬁ cate and the Certiﬁ cate

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 Oﬃ cer in a Health Register in