RULES SUPPLEMENT TO PART - I

EXTRAORDINARY

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), 20^thMay, 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,

R.N.I. No. TELMUL/2016/73158.

[Price: `

` `

` `. 9-00.

HSE No. 1051/2020-2022.

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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;

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

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(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.

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;

Chief Inspector;

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(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.

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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

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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.

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.

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(3)

Asbestos sacks or receptacles which contain asbestos shall be

disposed off in a safe manner.

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.

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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;

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.

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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.

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(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

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(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.

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.

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(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;

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(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.