[Price: ` ` ` ` `. 9-00.
R.N.I. No. TELMUL/2016/73158.
HSE No. 1051/2020-2022.
RULES SUPPLEMENT TO PART - I
EXTRAORDINARY
OF
THE TELANGANA GAZETTE
PUBLISHED BY AUTHORITY
No. 11] HYDERABAD, MONDAY, MAY 23, 2022.
NOTIFICATIONS BY GOVERNMENT
–––x–––
LABOUR, EMPLOYMENT TRAINING AND FACTORIES
DEPARTMENT
(LABOUR.II)
TELANGANA FACTORIES RULES,1950–AMENDMENT TO
SCHEDULE XVIII –FINAL NOTIFICATION.
[G.O.Rt.No.163, Labour, Employment Training and Factories
(Labour-II), 20th May, 2022.]
Final Notification
In exercise of the powers conferred by section 112 of the Factories Act, 1948 (Central Act, 63 of 1948), the Government of Telangana hereby makes the following amendment to "Schedule XVIII - Handing and Processing of Asbestos, Manufacture or otherwise in which Asbestos is used in any Form" under Rule 95 of the Telangana Factories Rules, 1950, since the objections / suggestions have been called for vide G.O.Rt.No.449,
[ 1 ]
G-111/1.
2 TELANGANA GAZETTE EXTRAORDINARY [Part-I
LET&F(Lab-ll) Department, dated: 07.09.2021 published in Telangana Gazette vide, Notification No. 16, Part-I, Extraordinary dated: 09.09.2021 in terms of sub-section (1) of section 115 of the Act and no objections / suggestions have been received within the stipulated time:
AMENDMENT
In the said rules, under rule 95, for the Schedule XVIII the following
Schedule shall be substituted, namely,-
Schedule-XVIll
Handling and Processing of Asbestos, Manufacture or otherwise in
which Asbestos is used in any Form
(under Rule 95 of the Telangana Factories Rules, 1950)
1 Application:-
(1) This Schedule shall apply to all manufacturing process as defined under clause (k) of section 2 of the Act, carried on in a factory involving exposure of workers to asbestos and / or product containing Asbestos, viz.,
(a) breaking, crushing, disintegrating, opening, grinding mixing or serving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto;
(b) all processes in the manufacture of asbestos textiles including
preparatory and finishing processes;
(c) making or insulation slabs or sections, composed wholly or partly of
asbestos, and processes incidental thereto;
(d) making or repairing of insulating mattresses, composed wholly or partly
of asbestos, and processes incidental thereto;
(e) manufacture of asbestos cardboard and paper;
(f) manufacture of asbestos cement goods;
(g) application of asbestos by spray method;
(h) sawing, grinding, turning, abrading and polishing in dry state of articles
composed wholly or partly of asbestos;
(i) cleaning of any room, vessel, chamber, fixture or appliance for the
collection of asbestos dust; and May 23, 2022] RULES SUPPLEMENT 3
(j) any other processes in which asbestos dust is given off into the work
environment.
(2) The Government may at any time, for the purpose of giving effect to any scientific proof obtained from specialized institutions or experts in the field, notification in the Office Gazette, make suitable changes in the said schedule.
(3) The provisions of this schedule shall apply to all workers exposed to asbestos in the factory and it shall be the responsibility of the occupier of the factory to comply with the provisions of the schedule in respect of the workers.
(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 scientific research and technological progress for approval by the Chief Inspector and shall follow only such approved procedures.
(b) Notwithstanding anything mentioned in sub-paragraph (1) use of asbestos is prohibited in the manufacturing process as may be notified by the Government in this behalf.
(c) (i) Spraying of all forms of asbestos is prohibited in a factory;
(ii) The prohibition in respect of spraying of asbestos referred to in sub- para (i) may be exempted by the Chief Inspector if the Occupier represents that such spraying is inevitable certain purposes provided adequate measures for ensuring the safety and health of workers are undertaken by the occupier to the satisfaction of the Chief Inspector.
2. Definitions:-
For the purpose of this schedule,-
(a) "Asbestos" means any fibrous silicate mineral and any admixture containing actionlite, 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;
4 TELANGANA GAZETTE EXTRAORDINARY [Part-I
(d) "breathing apparatus" means a helmet or face piece with necessary connection by means of which a person using it breathes air free from dust, or any other approved apparatus;
(e) "efficient exhaust draught" means localized ventilation by mechanical means for the removal of dust so as to prevent dust from escaping into air of any place in which work is carried on. No draught shall be deemed to be efficient which fails to control dust produced at the point where such dust originates.
(f) "Preparing" means crushing, disintegrating, and any other
processes in or incidental to the opening of asbestos;
(g) "Protective clothing" means overalls and head covering which (in
either case) will when worn exclude asbestos dust.
(h) "asbestos dust" means airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the factory;
(i) "airborne asbestos dust" means for the purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;
(j) "repairable asbestos fibres" means asbestos fibres having diameter of less than three (3) micrometer and a length to diameter ratio greater than 3:1;
(k) "exposure to asbestos" means exposure to airborne repairable asbestos fibres or asbestos dust; whether originating from asbestos or from minerals, materials or products containing asbestos in the factory.
2 -A. 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 of Factories as qualified to carry out such work in accordance with the provisions of this Schedule.
May 23, 2022] RULES SUPPLEMENT 5
3. Tools and Equipment:-
Any tools or equipment used in processes to which this schedule applies shall be such that they do not create asbestos dust above the permissible limit or are equipped with efficient exhaust draught.
4. Exhaust draught :-
(l) An effective exhaust draught shall be provided and maintained to control dust from the following processes and machines as per the relevant National Standards.
(a) manufacture and conveying machinery namely:-
(i) Preparing, grinding or dry mixing machines;
(ii) carding, card waste and ring spinning machines, and looms;
(iii) machines or other plant fed with asbestos ; and
(iv) machines used for the sawing, grinding, turning, drilling, abrading or polishing; in the dry state, of articles composed wholly or partly of asbestos.
(b) Cleaning, and grinding of the cylinders or other parts of a carding
machine;
(c) Chambers, hoppers or other structures into which loose asbestos
is delivered or passes;
(d) Work-benches for asbestos waste sorting or for other manipulation
or asbestos by hand.
(e) Workplaces at which the filling or emptying of sacks, skips or other portable containers, weighing or other process incidental thereto which is effected by hand, is carried on;
(f) Sack cleaning machines;
(g) Mixing and blending of asbestos by hand; and
(h) Any other process in which dust is given off into the work
environment.
(2) Exhaust ventilation equipment provided in accordance with sub- paragraph (1) shall, while any work of maintenance or repair to the machinery apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce
G-111/2.
6 TELANGANA GAZETTE EXTRAORDINARY [Part-I
an exhaust draught which prevents the entry of asbestos dust into the air of any work place.
(3) Arrangements shall be made to prevent asbestos dust discharged from
exhaust apparatus being drawn into the air of any workroom.
(4) The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles or filter bags which shall be isolated from all work areas.
5. Testing and examination of ventilating systems:-
(1) All ventilating systems used for the purpose of extracting or suppressing dust as required by this schedule shall be as per the relevant 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 12 months. Any defects found by such examinations or test shall be rectified forthwith.
(2) A register containing particulars of such examination and tests 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.
6. Segregation in case of certain process :-
Mixing or blending of asbestos by the hand or making or repairing of insulating mattresses composed wholly or partly of asbestos shall not be carried on in any room in which any other work is done.
7. Storage and distribution of loose asbestos:-
All loose asbestos shall, while not in use, be kept in suitable closed receptacles which prevent the escape of asbestos dust there from. Such asbestos shall not be distributed within a factory except in closed receptacles or in a totally enclosed system of conveyance.
8. Asbestos sacks:-
(1) All sacks used as receptacles for the purpose of transport of asbestos within the factory shall be constructed of impermeable materials and shall be kept in good repair.
(2) A sack which has contained asbestos shall not be cleaned by hand beating but by a machine, complying with paragraph 4 of this Schedule.
May 23, 2022] RULES SUPPLEMENT 7
(3) Asbestos sacks or receptacles which contain asbestos shall be
disposed off in a safe manner.
9. Maintenance of floors and workplaces:-
(1) In every room in which any of the requirements of this schedule
apply, -
(a) the floors, work-benches, machinery and plant shall be kept in a clean state and free from asbestos debris and suitable arrangements shall be made for the storage of asbestos not immediately required for use; and
(b) the floors shall be kept free from any materials, plant or other articles not immediately required for the work carried on in the room, which would construct the proper cleaning of the floor.
(2) The cleaning as mentioned in sub-paragraph (1) shall so far as is practicable, be carried out by means of vacuum cleaning equipment so designed and constructed and so used that asbestos dust neither escapes nor is discharged into the air of any work place.
(3) When the cleaning is done by any method other than that mentioned in sub- paragraph (2), the 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 usea in accordance with provisions of sub-paragraph (2), shall be properly maintained and after each cleaning operation, its surface kept in a clean state and free from asbestos waste and dust.
(5) Asbestos waste shall not be permitted to remain on the floors or other surfaces at the work place at the end of the working shift and shall be transferred without delay to suitable receptacles. Any spillage of asbestos waste occurring during the course of the work at any time shall be removed and transferred to the receptacles maintained for the purpose without delay.
9A. The occupier shall replace asbestos or of certain types of asbestos or products containing asbestos by other materials or products or shall use alternative technology, scientifically evaluated as harmless or less harmful, wherever this is possible.
8 TELANGANA GAZETTE EXTRAORDINARY [Part-I
9B. The occupier should take all the measures to prevent or control the release of asbestos into 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.
10. Breathing Apparatus, Personnel Protective Equipment and
Clothing:-
(1) The occupier of every factory to which this schedule applies shall provide to workers personnel protective equipments such as hand gloves, shoes helmets, goggles, earplug, aprons, safety belt, overall suit, etc., as per the relevant National or International Standards as may be required.
The approved breathing apparatus and appropriate work clothing as per the relevant National or International Standards in consultation with the workers representatives and maintained in good conditions for use of every person employed,-
(a) in chambers containing loose asbestos;
(b) in cleaning, dust settling or filtering chambers of apparatus;
(c) in cleaning the cylinders, including the defer cylinders or other
parts of a carding machine by means of hand-stickles;
(d) in filling, beating or 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 sub- paragraph (1) 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 efficient exhaust draught or by vacuum cleaning and shall be washed at suitable intervals.
May 23, 2022] RULES SUPPLEMENT 9
The cleaning schedule and procedure should be such as to ensure the efficiency in protecting the wearer.
(5) All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person.
(6) A record of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an inspector.
(7) No person shall be employed to perform any work specified in sub- paragraph (1) for which breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully instructed in the proper use of that equipment.
(8) No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment.
(9) No worker shall take home any work clothing or special protective clothing or personal protective equipment provided to him for protection against exposure to asbestos.
11. 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 should be separated from the accommodation provided under sub-paragraph (2) of paragraph 10 to prevent contamination of personal clothing.
12. Washing and bathing facilities:-
(1) There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the processes covered by the schedule, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every Fifteen (15) persons employed.
(2) The washing places shall have standpipes placed at intervals of not
less than one meter.
G-111/3.
10 TELANGANA GAZETTE EXTRAORDINARY [Part-I
(3) Not less than one half of the total number of washing places shall be
provided with bathrooms.
(4) Sufficient supply of clean towels made of suitable material shall be provided. Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.
(5) Sufficient supply of soap and nail brushes shall be provided.
13. Mess room:-
(1) There shall be provided and maintained for the use of all workers employed in the factory covered by this Schedule, remaining on the premises during the rest intervals, a suitable mess room which shall be furnished with:
(a) sufficient tables and benches with back rest; and
(b) adequate means for warming food.
14. Prohibition of employment of young persons:-
No young person shall be employed in any of the process covered by this Schedule.
15. Prohibition relating to smoking:-
No person shall smoke in any area where processes covered by this schedule are carried on. A notice in the language understood by majority of the workers shall be posted in the plant prohibiting smoking at such areas.
16. Pictorial Cautionary Notices:-
Cautionary notices in the form specified in appendix and printed in the language easily read and understood by the majority of the workers shall be displayed in prominent places in the workrooms where asbestos or substances containing asbestos are manufactured, handled or used.
17. Air Monitoring:-
To ensure the effectiveness of control measures in continuous or repetitive processes, the monitoring of asbestos fibres in air as well as personal monitoring of workers shall be carried out at least once in every shift and the result so obtained shall be entered in register and May 23, 2022] RULES SUPPLEMENT 11
(a) There should be no substantial change in workplace conditions.
(b) The results of the two (2) preceding measurements have not
exceeded half the relevant control limit.
(c) All factories should adopt membrane filter test as per the relevant
National Standards without fail.
18. Medical Control Measures:-
(1) The occupier of every factory in which a worker employed in the processes specified in sub-paragraph (1) of paragraph 10, shall ensure
that every worker employed be examined by a Medical Inspector of Factories/Certifying Surgeon within fifteen (15) days of his first
employment. Such medical examination shall include sputum examination for asbestos bodies, pulmonary function test and chest X Ray - Posterior Anterior (PA) view to be compared with standard
International Labour Organization Radiographs on Pneumoconiosis. No worker shall be allowed to work after fifteen (15) days of his
first employment in the factory unless certified fit for such employment by the Certifying Surgeon.
(2) Every worker employed in the said processes shall be re-examined
by a Certifying Surgeon at least once in every twelve months. Such re-examination shall, wherever the Certifying Surgeon considers
appropriate, include all the tests as specified in sub-paragraph (1) except chest X-ray which shall be read by a radiologist specialized/ trained in the field of reading International Labour Organization
Radiographs on Pneumoconiosis and the chest x-ray which shall be carried out at least once in three (3) years.
(3) Every worker employed in any of the aforesaid processes on the date on which the schedule comes into force shall be radiological examined by the qualified Radiologist at the cost of the occupier
using a standard size x-ray plates and the power of the X Ray machine shall be more than 300 milli ampere (mA). The report of
such X Ray shall be submitted to the Medical Inspector of Factories / Certifying Surgeon / Chief Inspector for within three months of the said date.
12 TELANGANA GAZETTE EXTRAORDINARY [Part-I
(4) If at any time the Medical Inspector of Factories / Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said process on the ground that continuance therein would involve special danger to the health of the worker he shall make a record of his findings in the said Certificate and the health register. The entry of his findings in these documents should also include the period for which he considers that the said person is unfit for work in the said processes. The person so suspended from the process shall be provided with alternate placement facilities unless he fully is incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.
(5) No person who has been found unfit to work as said in sub-paragraph (4) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
(6) If a worker already in employment and declared unfit by the Medical Inspector of Factories/ Certifying Surgeon shall not be allowed to work on any of the processes specified in Sub-paragraph (1) of paragraph 10, unless he has been examined again along with standard size chest x-ray plate from a qualified Radiologist, at the cost of the occupier and has been certified to be fit to work on the said processes again.
(7) For the purpose of medical supervision by the Medical Practitioner/ Certifying Surgeon 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 office stationery, 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 from time to time. The medical practitioner so appointed shall perform the following duties:-
(a) maintain health register;
(b) undertake medical supervision of persons employed in the factory;
(c) look after health, education and rehabilitation of the sick, injured
or affected workers;
May 23, 2022] RULES SUPPLEMENT 13
(d) carry out inspection of work rooms where dangerous operations are carried out and advise the management of the measures to be adopted for the protection of health of the workers employed therein.
(8) The Health records of the workers exposed to asbestos, shall be kept up to a minimum period of forty (40) years from the beginning of the employment or fifteen (15) years after retirement or cessation of the employment, whichever is later and shall be accessible to workers concerned or their representatives.
(9) The record of medical examinations and appropriate tests carried out by the said medical practitioner, a certificate of fitness and health shall be maintained in separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector and produce on demand.
19. Exemptions:-
(1) If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or in frequency of the processes or for any other reason, all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein.
(2) The Chief Inspector may permit temporary derogation, through a notification in an official gazette, from the measures prescribed in this Schedule under conditions and within limits of time determined after consultation with the representative organizations of employers and workers concerned.
I. RANI KUMUDINI, Special Chief Secretary to Government.
Printed and Published by the Commissioner of Printing, Govt. of Telangana, at Govt. Central Press, Chanchalguda, Hyderabad.