2325

Panaji, 9th December, 2021 (Agrahayana 18, 1943)

SERIES I No. 37

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Labour

––

Notification

24/03/2020-LAB/Part-III/597

Suggestions are welcomed on e-mail: dir–[email protected]

SUPPLEMENT

The following draft Rules which the Government of Goa proposes to make in exercise of

the powers conferred by sections 133 and 135 of the Occupational Safety, Health and Working

Conditions Code, 2020 (Central Act No.37 of 2020) are hereby pre-published as required by sub-

section (1) of section 133, sub-section (1) of 135 and section 137 of the said Code for information

of all the persons likely to be affected thereby and notice is hereby given that the said draft Rules

will be taken into consideration by the Government after the expiry of a period of forty-five days

from the date of publication of this Notification in the Official Gazette.

All objections or suggestions to the said draft Rules may be submitted online under Policy

Feedback section on Goa Single Window System (https://goaonline.gov.in) before the expiry of the

said period of forty-five days so that they may be taken into consideration at the time of finalization

of the said draft Rules.

DRAFT RULES

In exercise of the powers conferred by section 133 and 135 of the Occupational Safety,

Health and Working Conditions Code, 2020 (Central Act No.37 of 2020) and all other powers

enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:²

CHAPTER ± I

PRELIMINARY

Short title and commencement ± (1) These rules may be called the Goa (Occupational

Safety, Health and Working Conditions) Rules, 2021.

(2) They shall come into force on the date of their final publication in the Official Gazette.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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9TH DECEMBER, 2021

2326

Definitions ± (1) In these rules, unless the context otherwise requires, -

(a) ³$SSHQGL[´PHDQVDQDSSHQGL[appended to these rules;

(b) ³$UWLILFLDOKXPLGLILFDWLRQ´PHDQVWKHLQWURGXFWLRQRIPRLVWXUHLQWRWKHDLURIDURRPE\DQ\

artificial means whatsoever except the unavoidable escape of steam or water vapour into the

atmosphere directly due to a manufacturing process:

Provided that the introduction of air directly from outside through moistened mats or

screens placed in openings at times when the temperature of the room is 80 degrees or more,

shall not be deemed to be artificial humidification;

(d) ³FDOHQGDU\HDU´PHDQVWKHSHULRGRIWZHOYHPRQWKVEHJLQQLQJZLWKWKHILUVWGD\RI-DQXDU\

in any year;

(e) ³&RGH´ PHDQV Whe Occupational Safety, Health and Working Conditions Code, 2020

(Central Act No.37 of 2020);

(f) ³GHJUHHV´RUWHPSHrature) means degrees on the Fahrenheit scale;

(g) ³'LVWULFW0DJLVWUDWH´LQFOXGHVVXFKRWKHURIILFLDODVPD\EHDSSRLQWHGE\WKH*RYHUQPHQWLQ

that behalf;

(h) ³*RYHUQPHQW´PHDQVWKH*RYHUQPHQWRI*RD

(i) ³+HDOWK2IILFHU´PHDQVWKH+HDOWK2IILFHUXQGHUWKH'LUHFWRUDWe of Health Services or such

other officials as may be appointed by the Government in that behalf;

(j) ³+\JURPHWHU´PHDQVDQDFFXUDWHZHWDQGGU\EXOEK\JURPHWHUFRQIRUPLQJWRWKHSUHVFULEHG

conditions as regards construction and maintenance;

(k) ³,QVSHFWRU-cum-FaFLOLWDWRU´ means an officer appointed under section 34 of the Code which

includes Chief Inspector-cum-Facilitator, Deputy Chief Inspector-cum-Facilitator and

Inspector-cum-Facilitator;

(l) ³)RUP´PHDQVD)RUPDSSHQGHGWRWKHVHUXOHV

(m) ³)XPH´LQFOXGHVJDVRUYDpour;

(n) ³0DLQWDLQHG´PHDQVPDLQWDLQHGLQDQHIILFLHQWVWDWHLQHIILFLHQWZRUNLQJRUGHUDQGLQJRRG

repair;

(o) ³0DQDJHU´PHDQVWKHSHUVRQUHVSRQVLEOHWRWKHRFFXSLHUIRUWKHZRUNLQJRIWKHIDFWRU\IRU

the purposes of the Code;

(p) ³SRUWDO´ PHDQV WKH Goa Single Window System website (https://goaonline.gov.in) of the

Government for delivering services under the Code and the rules made thereunder;

(q) 'Qualified Nurse' means a person who possesses a qualification as Bachelors Degree in

Nursing recognized under the Indian Nursing Council and who is registered with registered

body of any State in India;

(r) ³4XDUWHU´ PHDQV SHULRG RI WKUHH FRQVHFXWLYH PRQWKV EHJLQQLQJ RQ VW RI -DQXDU\ VW RI

April, 1st of July and 1st of October;

(s) ³VHFWLRQ´PHDQVDVHFWLRQRIWKH&RGH

(t) ³:DJHV´PHDQVwages as defined in section 2(y) of the Code on Wages, 2019 (Central Act

No.29 of 2019);

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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(2) Words and expressions used herein but not defined shall have the same meanings as are

respectively assigned to them in the Code.

3. Competent Person.- (1) The Chief Inspector-cum-Facilitator may recognize any person as

µFRPSHWHQWSHUVRQ¶ZLWKLQVXFKDUHDDQGfor a period not exceeding twelve months for the purposes

of carrying out test, examinations, inspections and certification for such buildings, dangerous

machinery, hoists and lifts, lifting machine and lifting tackles, pressure plant, confined space,

ventilation system and such other process or plant and equipment as stipulated in the Code and the

rules made thereunder, located in a factory, if such person possesses the qualifications, experience

and other requirements as set out in the schedule annexed to this rule :

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in

UHVSHFWRIDµFRPSHWHQWSHUVRQ¶LIVXFKDSHUVRQLVH[FHSWLRQDOO\H[SHULHQFHGDQGNQRZOHGJHDEOH

but not the requirements in respect of the facilities at his command:

Provided further that where it is proposed to recognize a person employed under the Chief

Inspector-cum-)DFLOLWDWRUDVDµFRPSHWHQWSHUVRQ¶FRQFXUUHQFHRIWKH6WDWH*RYHUQPHQWVKDOOEH

taken and such a person, after being so recognized shall not have powers of DQµ,QVSHFWRU-cum-

)DFLOLWDWRU¶

3URYLGHGIXUWKHUWKDWWKHµFRPSHWHQWSHUVRQ¶recognized under this provision shall not be above the

age of 65 years and shall be certified to be physically fit by a qualified Medical Practitioner for the

purpose of carrying out the tests, examination and inspection. Tests to be conducted for the purpose

of ascertaining the fitness shall consist of physical examination, eye test and any other test(s) which

the qualified Medical Practitioner may specify.

(2) The Chief Inspector-cum-Facilitator may recognize an institution of repute, having persons

possessing qualification and experience as set out in the Schedule annexed and meeting the criteria

specified in second proviso to sub-rule (1) of this rule, for the purposes of carrying out tests,

examination, inspections and certification for buildings, dangerous machinery, hoists and lifts,

lifting machines and lifting tackles, pressure plant, confined space, ventilation system as stipulated

LQ WKH&RGH DQG WKH UXOHV PDGH WKHUHXQGHUDV D µFRPSHWHQW SHUVRQ¶ZLWKLQ VXFKDUHD and for a

period not exceeding twelve months.

(3) The Chief Inspector-cum-Facilitator on receipt of an application in Form 01 or 02, as the case

may be, along with a treasury receipt showing payment of twenty thousand rupees towards the fees

for the same, which shall be non-refundable from a person or an institution intending to be

UHFRJQL]HGDVDµFRPSHWHQWSHUVRQIRUWKHSXUSRVHVRIWKLV&RGHDQGWKHUXOHVPDGHWKHUHXQGHU

shall register such application and within a period of sixty days of the date of receipt of application,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2328

(5) The Chief Inspector-cum-Facilitator may, after giving an opportunity to the competent person of

being heard, revoke the certificate of competency;

(i)

if he has reason to believe that a competent person :-

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

(b) has unauthorizedly carried out a test, examination and inspection or has acted in a manner

inconsistent with the intent or the purpose of the Code or the rules made thereunder, or

has omitted to act as required under the Code or the rules made thereunder; or

(ii) for any other reason to be recorded in writing;

Explanation: For the purpose of this rule, an institution includes an organization.

either after having satisfied himself as regards competence and facilities available at the disposal of

WKHDSSOLFDQWUHFRJQL]HWKHDSSOLFDQWDVDµFRPSHWHQWSHUVRQ¶DQGLVVXHDFHUWLILFDWHRIFRPSHWHQF\

in the Form 03 or reject the application specifying the reasons thereof. The said application shall

also be accompanied by a valid calibration certificate of the equipments available at the disposal of

the applicant for carrying out tests, examination and inspection.

(4) For the purpose of satisfying himself as regards to competence of the applicant, the person may

be called to appear for a test and / or interview before the Chief Inspector-cum-Facilitator and based

on result of test and / or interview, as the case may be, the applicant person or the institution may be

UHFRJQL]HGDVµFRPSHWHQWSHUVRQ¶The decision of the Chief Inspector-cum-Facilitator in this regard

shall be final.

(7) Competent person who were already recognized under the provisions of the Factories Act, 1948

(Central Act no.63 of 1948) and the Rules made there under on the date of commencement of these

Rules, shall be deemed to be competent person under these Rules till the validity of certificate of

competency granted earlier.

(6) The Chief Inspector-cum-Facilitator may, for reasons to be recorded in writing, require

recertification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case

may be, which has been certified by a competent person outside the State.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2329

SCHEDULE

(see rule 3(1))

Sr.

No.

Purpose for which

competency

is sought

Qualification required

Experience for the purpose

Facilities at his

command

(1)

(2)

(3)

(4)

(5)

Issue

Certificate

Stability for building / shed /

structure

work

engineering construction.

Degree in Civil or

Structural Engineering,

or equivalent.

(i) A minimum of 10 years experience in the design or

construction or testing or repairs of structures;

(ii) Knowledge of non-destructive testing, various codes of

practices that are current and the effect of the vibrations

and natural forces on the stability of the building; and

(iii) Ability to arrive at a reliable conclusion with regard to

the safety of the structure or the building.

Nil

Testing, examination and

certification of Dangerous

Machines

Diploma in Industrial

Safety from the Board

of Technical Education

any

Government

after

obtaining

Degree/Diploma

Electrical

Mechanical or Textile

(i) A minimum of 10 \HDUV¶H[SHULHQFHLQ-

a) the design or operation or maintenance;

b) the testing, examination and inspection of relevant

machinery, their guards, safety devices and

appliances.

(ii) He shall -

a) be conversant with the safety devices and their

Gauges

for

measurement,

Instrument

for

measurement of speed

and

any

other

equipment or device

may

recommended by the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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Engineering

equivalent

proper functioning;

b) be able to identify defects and any other cause

leading to the failure; and

c) have ability to arrive at a reliable conclusion with

regard to the proper functioning of the safety device

and appliance and the machine guard.

Chief Inspector-cum-

Facilitator

determine the safety in

the

use

the

dangerous machines.

Testing, examination and

certification of Lifts and

Hoists

Diploma in Industrial

Safety from the Board

of Technical Education

any

Government

after

obtaining

Degree/Diploma

Electrical

and/or

Mechanical or Textile

Engineering

equivalent

(i) A minimum experience of 10 years in ±

a) design or erection or maintenance; or

b) inspection and test procedures of lifts and hoists.

(ii) He shall be-

a) conversant with relevant codes of practices and test

procedures that are current;

b) conversant with other statutory requirements covering

the safety of the Hoists and Lifts ;able to identify the

defects and arrive at a reliable conclusion with regard

to the safety of the Hoists and Lifts.

Instruments such as

Vernier

Calliper,

Level

Gauges,

Ultrasonic Thickness

Gauge with normal

and

hot

probe,

Tensometer / Spring

Balancer

and

any

other equipment or

device as may be

recommended by the

Chief Inspector-cum-

Facilitator

determine

the

safe

working condition of

the Hoists and Lifts.

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Testing, examination and

certification

Lifting

Machinery

and

Lifting

Tackles.

Diploma in Industrial

Safety from

the

Board

Technical

Education

any

Government

after

obtaining

Degree/Diploma

Mechanical

Electrical, metallurgical

Engineering

its

equivalent

(i) A minimum experience of 10 years in ±

a) design or erection or maintenance; or

b) testing, examination and inspection of lifting

machinery, chains, ropes and lifting tackles.

(ii) He shall be -.

a) conversant with the relevant codes of practices and

test procedures that are current;

b) conversant with fracture mechanics and metallurgy

of the material of construction;

c) conversant with heat treatment/stress relieving

techniques

applicable

stress

bearing

components and parts of lifting machinery and

lifting tackles;

d) capable of identifying defects and arriving at a

reliable conclusion with regard to the safety of the

lifting machinery, chains, ropes and lifting tackles.

Instruments such as

Vernier

Calliper,

Level

Gauges,

Ultrasonic Thickness

Gauge with normal

and

hot

probe,

Tensometer / Spring

Balancer

and

any

other equipment or

device as may be

recommended by the

Chief Inspector-cum-

Facilitator

determine

the

safe

working condition of

the Lifting Machinery

and Lifting Tackles.

Testing, examination and

certification

Pressure

plant

Diploma in Industrial

Safety from the Board

of Technical Education

any

Government

(i) A minimum experience of 10 years in ±

a) design or erection or maintenance; or

b) testing, examination and inspection of pressure

plants.

Instruments such as

Vernier

Calliper,

Level

Gauges,

Ultrasonic Thickness

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after

obtaining

Degree/Diploma

chemical or Electrical

Metallurgical

Mechanical

Engineering

its

equivalent

(ii) He shall be -.

a) conversant with the relevant codes of

practices and test procedures relating to

pressure vessels;

b) conversant with statutory requirements

concerning the safety of unfired pressure vessels and

equipment operating under pressure;

c) conversant with the non-destructive testing

techniques as are applicable to pressure

vessels;

d) able to identify the defects and arrive at a reliable

conclusion with regard to the safety of the pressure

plant.

Gauge with normal

and

hot

probe,

calibrated

pressure

gauges,

hydraulic

pump and any other

equipment or device

may

recommended by the

Chief Inspector-cum-

Facilitator

determine the safety in

the use of pressure

plant.

(i)

Certification of

workplace /

equipment free from

dangerous fumes /

vapour / gas, etc.

(ii)

Certification of

workplace /

equipment

Diploma in Industrial

Safety from the Board

of technical education

of any Government

after

obtaining

Degree/Diploma in

Chemical Engineering

(i)

A minimum experience of 10 years in collection and

analysis of environmental samples and calibration of

monitoring equipment;

(ii) He shall be -.

a) Be conversant with the hazardous properties of

chemicals and their permissible limit.

b) Be conversant with the current techniques of

sampling and analysis of the environmental

Meters,

instruments

and

devices

duly

calibrated and certified

and

any

other

equipment or device

may

recommended by the

Chief Inspector-cum-

OFFICIAL GAZETTE — GOVT. OF GOA

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concerning

shipbuilding and ship

repairs

RU0DVWHU¶V'HJUHHLQ

chemistry.

contaminants and

c) Be able to arrive at a reliable conclusion as regards

the safety in respect of entering and carrying out hot

work

Facilitator for carrying

out

the

tests

and

certification of safety

in working in confined

spaces.

Testing, examination and

certification of Ventilation

Systems

exhaust

appliance

Diploma in Industrial

Safety from the Board

of technical Education

of any Government

after

obtaining

Degree/Diploma

Mechanical

Electrical Engineering

or its equivalent.

(i) A minimum of 10 years in the design, fabrication,

installation, testing of ventilation system and systems

used for extraction and collection of dusts, fumes and

vapours and other ancillary equipment,

(ii) He shall be conversant with relevant codes of practice

and tests, procedures that are current in respect of

ventilation and extraction system for fumes, and shall

be able to arrive at a reliable conclusion with regard to

effectiveness of the system.

Instruments such as

Stack Velocity Meter,

Anemometer,

Manometer,

Pitot

Tube and any other

equipment or device

may

recommended by the

Chief Inspector-cum-

Facilitator

determine

the

efficiency

and

effectiveness of the

system

the

appliance.

OFFICIAL GAZETTE — GOVT. OF GOA

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2334

Rule prescribed under section 2(zb)

5. Hazardous Substance. - For the purposes of clause (zb) of sub-section (1) of section 2,

hazardous substance means a hazardous chemical as defined in clause (e) of rule 2 of the

Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and any other such

substance which the Government may notify from time to time with or without quantities so

specified.

4. Income from the sources. ±For the purposes of clause (x) of sub-section (1) of section 2, the

criteria for income from such sources means the income for the dependents as per Central Civil

Service (Conduct) Rules, 1964.

CHAPTER ± II

REGISTRATION

6. Registration of establishment. - (1) The application referred to in sub-section (1) of section 3 of

the Code, shall be made in Form 04 to the Registering Officer, through online portal, giving details

about the establishment and uploading documents related to registration of the establishment, proof of

identity and address of the employer as specified in the said form. The applicant shall be responsible

for veracity of all the information submitted in the application.

(2) Every application, referred to in sub-rule (1), shall be digitally /electronically signed by the

employer.

(3) Every application referred to in sub-rule (1), shall be accompanied by the fee specified in the

below given Schedule for registration of the establishment.

(4) Every application referred to in sub-rule (1), shall be accompanied by information on inter-state

migrant workers.

(5) The fee to be paid for registration of an establishment shall be as per schedule below:

SCHEDULE

Number of employees to be employed

Fee for Registration

10-20

1000

21-50

2000

51-100

4000

101-150

8000

151-200

12000

201-250

15000

251-500

20000

501-750

25000

751-1000

30000

1001-1500

35000

1501-2000

40000

2001-3000

45000

3001-5000

50000

Above 5000

55000

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2335

(2) Where on receipt of intimation under sub-rule (1), the Registering Officer is satisfied that an

additional amount of fee is required due to change, he shall require such employer to pay the

additional sum.

7. Grant of certificate of registration. - (1) The Registering Officer, after receiving the application

under sub-rule (1) of Rule 6, shall register the establishment and issue a certificate of registration to

the applicant within seven days from date of receipt of application, if such application has complied

with all the requirements as provided in the Code and the rules. The certificate of registration to be

granted by the Registering officer shall be in Form 04A.

(2) The Registering Officer shall maintain a register in Form 05, showing the particulars of

establishment in relation to which certificate of registration has been issued by him.

8. Payment of additional fees and amendment of registration certificate. - (1) If, in relation to an

establishment, any change occurs in the ownership or management or other particulars specified in the

certificate of registration, the employer of the establishment, shall intimate to the Registering Officer,

within a period of thirty days from the date on which such change takes place, the date and particulars

of such change, and the reasons thereof in Form 04.

(3) Where, on receipt of the intimation referred to in sub-rule (1), the Registering Officer is satisfied

that a change has occurred in the particulars of the establishment, as entered in the register in Form 05,

he shall amend the said register and record therein the change which has occurred.

(4) Notwithstanding anything contained in sub- Rule (2) the employer shall pay amendment fee of

rupees five hundred for each amendment sought on certificate of registration.

9. Late fee. ± If the application for registration is not made within time as specified in section 3(1) of

the Code, a late fee of 25 % of fees payable as prescribed under sub-rule (5) of rule 6 shall be charged.

10. Payment of Fees. - The fees required to be paid under Rules 6, 8 and 9 shall be paid through

system prescribed in portal.

11. Notice of commencement and cessation. - Employer shall give notice of commencement /

cessation in Form 06 on portal.

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2336

CHAPTER ± III

DUTIES OF EMPLOYER AND EMPLOYEES, ETC.

12. Medical examination of employees. - (1) Save as otherwise provided in these Rules, the

employees in an establishment shall be medically examined once before employment and

thereafter every five years by the Medical Officer appointed under the Code or the Medical

Inspector-cum-Facilitator appointed by the Government or a facility set up by the Government

including Goa Medical College and Hospital or recognized Factory Medical Officer or a

recognized Occupational Health Laboratory:

Provided that fitness of an employee based on the medical examination so conducted initially or

periodically shall be valid for a period of five years even if the employee is employed in another

establishment during said period of five years provided that such employee is not engaged in

dangerous operation or hazardous process in another establishment.

(2) Tests / investigations to be conducted for the purpose of carrying out medical examination of

a worker before employment and thereafter at specified intervals, shall consist of blood

investigations for hemoglobin, total WBC count, differential count, blood grouping, fasting

blood sugar level, serum createnine, blood urea, electro cardio gram, urine (routine and

microscopic), audiometry, X-ray chest, eye test including colour vision, pulmonary function test

and any other test(s) which the Medical Officer or the Medical Inspector-cum Facilitator or the

facility set up by the Government including Goa Medical College and Hospital or the Factory

Medical Officer or the Occupational Health Laboratory may specify.

13. Letter of appointment. - Every employer shall issue an appointment letter to every

employee required to work in an establishment in Form 07.

14. Notice of accidents and dangerous occurrences. ± (1) When any accident as specified in

clause (1) of the Schedule hereto or any dangerous occurrence as specified in clause (2) of the

said Schedule takes place in an establishment, the Employer or Manager of the establishment

shall, within four hours of the happening of such accident or dangerous occurrence, send a notice

thereof by telephone and special messenger or e-mail to the Inspector-cum-Facilitator and the

Chief Inspector-cum-Facilitator and to the relatives of the injured or deceased person.

(2) The notice so given under sub-rule (1) shall be confirmed by the Employer or the Manager of

the establishment to the Inspector-cum-Facilitator and the Chief Inspector-cum-Facilitator by

sending to them a written report in the case of an accident or dangerous occurrence causing death

or bodily injury in Form 08 and in case of a dangerous occurrence not causing bodily injury or

death in Form 09, within 12 hours of the taking place of any such accident or dangerous

occurrence.

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9TH DECEMBER, 2021

2337

(3) When any accident other than as specified in clause (1) of the Schedule hereto takes place in

an establishment and it causes such bodily injury to any person which prevents the person

injured from working for a period of forty-eight hours or more immediately following the

accident or the dangerous occurrence, as the case may be, the Employer or the Manager of the

establishment shall send a report thereof to the Inspector-cum-Facilitator in Form 08 within 24

hours after the expiry of 48 hours from the time of the accident or the dangerous occurrence:

Provided that, if the period of disability from working for 48 hours or more referred to in sub-

rule (3) does not occur immediately following the accident or the dangerous occurrence, but

occurs later on in more than one spell, the report shall be sent to the Inspector-cum-Facilitator in

Form 08 within 24 hours immediately following the hour when the actual total period of

disability from working resulting from the accident or the dangerous occurrence becomes forty-

eight hours:

Provided further that in case death occurs to any person injured by such accident or dangerous

occurrence after the notices and the reports referred to in the foregoing sub-rules have been sent,

the Employer or the Manager of the establishment shall forthwith send a notice thereof by

telephone and special messenger or e-mail within twelve hours and also have this information

confirmed in writing within 24 hours of the death to the authorities and persons mentioned in

sub-rule (1).

SCHEDULE

(see rule 14(1))

(1) Accidents which cause death or serious bodily injury to a person.

(2) The following dangerous occurrences, whether or not they are resulting into personal injury

or disablement:-

(a) Bursting of a vessel or a pipeline used for containing steam under pressure greater than

atmospheric pressure other than vessel or pipeline which comes within the scope of the

Boilers Act, 1923 (Central Act 5 of 1923);

(b) Collapse or failure of a crane, derrick, winch, lift, hoist or other appliances used in raising or

lowering persons or goods or any part thereof, or the overturning of the crane;

damage to any part or portion of the factory in which persons are employed or damage to any

plant, machinery or material;

(d) Explosion of a receiver or container used in any process or used for storage at a pressure

greater than atmospheric pressure of any gas or any gases including air or any liquid or any

solid;

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2338

(e) Collapse or subsidence of any ³ZRUN RI HQJLQHHULQJ FRQVWUXFWLRQ´ DV defined in the

Explanation to rule 90, forming part of an establishment or within the compound of an

establishment.

Explanation: )RUWKHSXUSRVHRIWKLVUXOHµVHULRXVERGLO\LQMXU\¶PHDQV±

(i) an injury which involves, or in all probability will involve, the permanent loss of the use of,

or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or

the fracture of any bone, but shall not include, the fracture of bone or joint (not being

fracture of more than one bone or joint) of any phalanges of the hand or foot; or

(ii) Crushed or serious injury to any part of the body due to which loss of the same is obvious or

any injury which is likely to cause death; or

(iii) Severe burns or scalds due to chemicals, steam or any other cause.

15. Notice of certain diseases.- (1) A notice in Form 10 shall be sent forthwith but not later than

twelve hours to the Chief Inspector-cum-Facilitator, the Medical Officer appointed under the

Code and the Administrative MeGLFDO2IILFHU(PSOR\HH¶V6WDWH,QVXUDQFH6FKHPH3DQDML*RD

by the employer or the manager of a establishment where a employee contracts any disease

specified in the Third Schedule.

(2) If any qualified medical practitioner attends on a person who is or has been employed in a

establishment, and who is, or is believed by the qualified medical practitioner to be suffering

from any disease, specified in the Third Schedule, the qualified medical practitioner shall

without delay send a report in writing to the Chief Inspector-cum-Facilitator stating ±

(a) the name and full postal address of the patient,

(b) the disease from which he believes the patient to be suffering, and

16. Duties of employee under clause (d) and (g) of section 13.- If an employee comes to know

of any unsafe or unhealthy condition in the establishment, he shall report to the employer, health

and safety representative or safety officer, as soon as practicable, electronically or in writing or

telephonically.

17. 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 satisfied or

not, shall send a report forthwith of such actions taken, to the Inspector-cum-facilitator

electronically or by registered post or speed post along with the copy of the report submitted by

the employee under clause (d) of section 13.

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CHAPTER ± IV

OCCUPATIONAL SAFETY AND HEALTH

18. State Occupational Safety and Health Advisory Board.- (1) State Occupational Safety and

Health Advisory Board shall consist of ±

(i)

+RQ¶EOHMinister for Factories and Boilers

Chairperson ex- officio;

(ii)

Secretary, (Factories and Boilers)

Member ex- officio;

(iii)

Commissioner, Labour & Employment

Member ex- officio;

(iv)

Chairman, Goa State Pollution Control Board

Member ex- officio;

(v)

Director, Directorate of Health Services

Member ex- officio;

(vi)

Two representatives of employers nominated

by the Government

Member;

(vii)

Two representatives of employees nominated

by the Government

Member;

(viii)

Two expert persons connected with the field

of Occupational Safety and Health nominated

by the Government

Member;

(ix)

Chief Inspector of Factories and Boilers

Member Secretary ex officio;

(2) The terms of office of the members referred to in clauses (vi), (vii) and (viii) shall be of three

years.

19. Notice of meeting and the agenda. - Notice intimating the date, time and venue of every

meeting together with agenda, to be discussed at the meeting, shall be sent by registered post,

email or by special messenger, to each member fifteen days before the meeting:

Provided that when the Chairperson calls a meeting for the consideration of any matter, which in

his opinion is urgent, notice of not less than three days shall be deemed sufficient.

20. Absence from the State. ± If any member leaves the State for a period of not less than six

months without intimation to the Chairperson, he shall be deemed to have resigned from the

Board.

21. Transaction of business. - Every question considered at a meeting of the Board shall be

decided by a majority of the votes of the members present and voting and in the event of equal

votes, the Chairperson shall have and exercise a casting vote.

22. Quorum. - No business shall be transacted at any meeting of the Board, unless at least ten

members are present.

23. Minutes of the meeting. - The minutes of every meeting, duly approved by the Chairperson,

shall be recorded by the Member- Secretary of the Board which shall be a permanent record.

24. Fees and Allowances. - Every non-official member of the Board shall be paid the allowance

for attending a meeting of the Board at the rates as may be fixed by the Government from time to

time.

25. Resignation. - A member of the Board, not being an ex-officio member, may resign his

office by a letter in writing addressed to the Government and the Office of such a member shall

fall vacant from the date on which his resignation is accepted by the Government, or the expiry

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of thirty days from the date of receipt of the letter of resignation by the Government whichever is

earlier.

26. Cessation of Membership. - If any member of the Board, not being an ex-officio member,

fails to attend three consecutive meetings of the Board, without obtaining the leave of the

Chairman for such absence, he shall cease to be member of the Board:

Provided that the Government may, if it is satisfied that such member was prevented by

sufficient cause from attending three consecutive meetings of the Board, 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.

27. Disqualification for Membership. - (1) A person shall be disqualified for being reappointed

and for being a member of the Board;

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

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

(iii) if he has been or is convicted of an offence which, in the opinion of the Government,

involves moral turpitude.

(2) If a question arises as to whether a disqualification has been incurred under sub-rule (1), the

Government shall decide the same.

28. Removal from Membership. - The Government may remove from office any member of the

Board, if in its opinion such a member has ceased to represent the interest which he purports to

represent on the Board:

Provided that no such member shall be removed unless a reasonable opportunity is given to him

of making any representation against the proposed action.

29. Manner of filling vacancies.- When a vacancy occurs or is likely to occur in the

membership of the Board, Member Secretary of the Board shall submit a report to the State

Government and on receipt of such report, the State Government may, by notification, nominate

a person to fill the vacancy in the manner prescribed and the person so nominated shall hold

office for the remainder of the term of office of the member in whose place he is nominated.

30. Safety Committee.- (1) In every establishment-

(i) In case of an establishment which is a factory: -

(a) wherein 100 or more employees are ordinarily employed; or

(b) ZKLFKLQYROYHVµKD]DUGRXVSURFHVV¶DVGHILQHGLQsection 2(za) of the Code;

on any process or operation declared to be dangerous under section 82 of the Code and

wherein fifty or more employees are ordinarily employed;

(ii) In case of an establishment which is a building or other construction work: -

(a) wherein 250 or more employees are ordinarily employed;

(2) The representative of the management on the safety Committee shall include;

(a) A senior official, who by his position in the establishment can contribute

effectively to the functioning of the Committee, shall be the Chairman,

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(b) A Safety Officer and a Factory Medical Officer, wherever available and the

Safety Officer in such a case shall be the Secretary of the Committee.

maintenance and purchase departments.

(3) The HPSOR\HH¶V representatives on this Committee shall be elected by the employees.

(4) The Safety Committee shall consist of equal number of representatives of the

management and the employees and the minimum number of representatives shall be six.

(5) The tenure of the Committee shall be two years.

(6) Safety Committee shall meet as often as necessary but at least once in every two months.

The minutes of the meeting shall be recorded and produced to the Inspector-cum-Facilitator on

demand.

(7) Safety Committee shall have the right to be adequately and suitably informed of:-

(a) potential safety and health hazards to which the employees may be exposed at

work place.

(b) Data on accidents as well as data resulting from surveillance of the working

environment and of the health of employees exposed to hazardous substances so

far as the establishment is concerned, provided that the Committee undertakes to

use the data on a confidential basis and solely to provide guidance and advice on

measures to improve the working environment and the health and safety of the

employees.

(8) Functions and duties of the Safety Committee shall include:-

(a) Assisting and co-operating with the management in achieving the aims and

REMHFWLYHVRXWOLQHGLQWKHµ+HDOWKDQG6DIHW\3ROLF\¶ of the Employer.

(b) Dealing with all matters concerning health, safety and environment and to arrive

at practicable solutions to problem encountered.

(d) Undertaking educational training promotional activities.

(e) Discussion on reports of occupational safety and health surveys, safety audits,

risk assessment, on site emergency plans and implementation of the

recommendations made in the reports.

(f) Carrying out health and safety surveys and identifying causes of accidents.

(g) Looking into any complaint made on the likelihood of an imminent danger to the

safety and health of the employees and suggesting corrective measures; and

(h) Reviewing the implementation of the recommendation made by it.

(9) Where, owing to the size of the establishment, or any other reasons, the functions

referred to in sub-rule (8) cannot be effectively carried out by the Safety Committee, it may

establish sub-committees as may be required to assist it.

(10) The Provisions of sub-rules (3), (4), (5), (6), (7) and (8) shall apply to the sub-

committees also whenever such committees are set up.

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31. Safety Officers ± (1) Qualifications ±

(a) A person shall not be eligible for appointment as a Safety Officer unless he-

(i) possesses-

In case of an establishment which is a factory: -

(aa) a recognized degree in any branch of engineering or technology and has had

practical experience of working in a factory in a supervisory capacity in

production / maintainance / safety / engineering projects for a period of not less

than 5 years; or

(bb) a recognized degree in physics or chemistry and has had practical experience of

working in a factory in a supervisory capacity in production / safety for a

period of not less than 7 years; or

(cc) a recognized diploma in any branch of engineering or technology and has had

practical experience of working in a factory in a supervisory capacity in

production / maintainance / safety / engineering projects for a period of not less

than 7 years;

In case of an establishment which is a building or other construction work: -

(aa) a recognized degree in any branch of engineering or technology and has had

practical experience of working in a building or other construction work in a

supervisory capacity for a period of not less than 5 years; or

(bb) a recognized diploma in any branch of engineering or technology and has had

practical experience of working in a building or other construction work in a

supervisory capacity for a period of not less than 7 years;

(ii) Possesses a degree or diploma in industrial safety awarded by the University or

Board of Technical Education of any State Government or Union territory

Administration in this behalf after possessing the qualification and experience as

specified in clause (i) above, and.

(iii) had adequate knowledge of the language spoken by majority of the employees in the

region in which the establishment where he is to be appointed is situated.

(b) Notwithstanding the provisions contained in clause (a), any person who ±

(i) possesses a recognized degree or diploma in engineering or technology or a degree

in physics or chemistry and has had experience of not less than 10 years in a

department of the Central or State Government which has dealt with the

administration of the law (s) pertaining to occupational safety, health and working

conditions of employees;

(ii) possesses a recognized degree or diploma in engineering or technology or a degree

in physics or chemistry and has had experience of not less than 10 years, full time,

on training, education, consultancy or research in the field of accident prevention in

industry or in any institution or Government department;

shall also be eligible for appointment as a Safety Officer:

Safety Officer unless he possesses the requisite qualifications as specified in clause (a) of

sub-rule (1) or obtains the said requisite qualifications within such period as the Chief

Inspector-cum-Facilitator may specify in writing.

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Provided that the Chief Inspector-cum-Facilitator may, subject to such conditions as he may

specify, grant exemption from the requirements of this sub-rule, if in his opinion, a suitable

person possessing the necessary qualifications and experience is not available for appointment.

(2) Conditions of service ± (a)Where the number of Safety Officers to be appointed in a factory

as required under these Rules exceeds one, one of them shall be designated as the Chief Safety

Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in

overall charge of the safety functions as envisaged in sub-rule (3), the other Safety Officers shall

be working under his control.

(b) The Chief Safety Officer or the Safety Officer in the case of factories where only one

Safety Officer is required to be appointed shall be given the status of a senior executive

and he shall work directly under the control of the chief executive of the factory. All

other Safety Officers shall be given appropriate status to enable them to discharge their

functions effectively.

Chief Safety Officer, and the other conditions of their service shall be the same as those

of the other officers of corresponding status in the factory, i.e. those officers reporting

directly to the Chief Executive.

(d) In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the

Chief Inspector-cum-Facilitator whose decision thereon shall be final.

(3) Duties of Safety Officers ± (a) The duties of a Safety Officer shall be to advise and assist the

factory management in the fulfillment of its obligations, statutory or otherwise, concerning

prevention of personal injuries and maintaining a safe working environment. These duties shall

include the following, namely-

(i) to advise the concerned departments in planning and organizing measures necessary

for the effective control of personal injuries;

(ii) to advise on safety aspects in all job studies, and to carry out detailed job safety

studies of selected jobs;

(iii) to check and evaluate the effectiveness of the action taken or proposed to be taken

to prevent personal injuries;

(iv) to advise the purchasing and stores department in ensuring the availability of high

quality personal protective equipment;

(v) to provide advice on matters related to carrying out plant safety inspections;

(vi) to carry out plant safety inspections in order to observe the physical conditions of

work and the work practices and procedures followed by employees and to render

advice on measures to be adopted for removing the unsafe physical conditions and

preventing unsafe actions by employees;

(vii) to render advice on matters related to reporting and investigation of industrial

accidents and diseases;

(viii) to investigate selected accidents;

(ix) to investigate the cases of industrial diseases contracted and dangerous occurrences

reportable under the Code;

(x) to advise on the maintenance of such records as are necessary relating to accidents,

dangerous occurrences and industrial diseases;

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(xi) to promote setting up of safety committees and to act as adviser and catalyst to such

committees;

(xii) to organize in association with the concerned departments, campaigns,

competitions, contests and other activities which will develop and maintain the

interest of the employees in establishing and maintaining safe conditions of work

and procedures; and

(xiii) to design and conduct either independently or in collaboration with the training

department, suitable training and educational Programme for the prevention of

personal injuries.

(4) Facilities to be provided to Safety Officers ± An employer shall provide each Safety Officer

with such facilities, equipment and information as are necessary to enable him to discharge his

duties effectively.

(5) Prohibition of performance of other duties ± No Safety Officer shall be required or

permitted to do any work which is inconsistent with or detrimental to the performance of the

duties specified in sub-rule (3).

(6) Recognition of Safety Officers. ± (a) Any person possessing qualification as specified in

clause (a) or (b) of sub-rule (1), shall submit an application in Form 11 along with a treasury

receipt showing payment of five thousand rupees, which shall be non-refundable, to the Chief

Inspector-cum-Facilitator, to recognize him as a Safety Officer, for the purposes of this Code and

the rules made thereunder. The Chief Inspector-cum-Facilitator, shall register such application

and within a period of sixty days of the date of receipt of application, either after having satisfied

himself as regards qualification and experience of the applicant, shall recognize the applicant as

a Safety Officer and issue an one time certificate of recognition in Form 12 or reject the

application specifying the reasons thereof.

(b) The Safety Officers who were already recognized under the Goa Factories Rules, 1985, as

amended from time to time, shall be deemed to be recognized under this Rule.

32. Number of Safety Officers. - (1) In respect of a establishment which is a factory as defined

under the Code wherein five hundred or more employees are ordinarily employed, the employer

shall employ such number of Safety Officers recognized by the Chief Inspector-cum-Facilitator,

as specified in column (3) of the Schedule I herein below for the number of employees

mentioned in corresponding entry in column (2) of the said Schedule I.

Schedule I

Sr. No.

Number of employees ordinarily employed

No. of Safety

Officers

(1)

(2)

(3)

500 but not exceeding 1000

Above 1000 but not exceeding 1500

Above 1500 but not exceeding 2000

Above 2000 but not exceeding 2500

For every 1000 or part thereof exceeding 2500

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(2) In respect of a establishment which is a factory as defined under the Code which is involved

in hazardous process as defined under the Code wherein two hundred fifty or more employees

are ordinarily employed, the employer shall employ such number of Safety Officers recognized

by the Chief Inspector-cum-Facilitator, as specified in column (3) of the Schedule II herein

below for the number of employees mentioned in corresponding entry in column (2) of the said

Schedule II.

Schedule II

Sr. No.

Number of employees ordinarily employed

No. of Safety

Officers

(1)

(2)

(3)

250 but not exceeding 500

Above 500 but not exceeding 1000

Above 1000 but not exceeding 1500

Above 1500 but not exceeding 2000

Above 2000 but not exceeding 2500

For every 500 or part thereof exceeding 2500

(3) In respect of a establishment which is a factory as defined under the Code and is categorized

DV ³0DMRU $FFLGHQW +D]DUG´ XQGHU WKH 0DQXIDFWXUH 6WRUDJH DQG ,PSRUW RI +D]DUGRXV

Chemicals Rules, 1989, as amended from time to time and employing less than 250 employees,

the employer shall employ atleast one number of Safety Officer recognized by the Chief

Inspector-cum-Facilitator.

(4) In respect of a establishment which is a building or other construction work as defined under

the Code wherein two hundred fifty or more employees are ordinarily employed, the employer

shall employ such number of Safety Officers recognized by the Chief Inspector-cum-Facilitator,

as specified in column (3) of the Schedule II herein below for the number of employees

mentioned in corresponding entry in column (2) of the said Schedule III.

Schedule III

Sr. No.

Number of employees ordinarily employed

No. of Safety

Officers

(1)

(2)

(3)

250 but not exceeding 500

Above 500 but not exceeding 1000

Above 1000 but not exceeding 1500

Above 1500 but not exceeding 2000

Above 2000 but not exceeding 2500

For every 500 or part thereof exceeding 2500

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CHAPTER-VII

HOURS OF WORK AND ANNUAL LEAVE WITH WAGES

33. Intervals for rest. ± (1) The periods of work of workers in an establishment each day shall

be so fixed that no worker shall work for more than five hours before he / she has had an interval

for rest of at least half an hour.

(2) The Chief Inspector-cum-Facilitator, may, by written order and for the reasons specified

therein, exempt any establishment from the provisions of sub-rule (1) so however that the total

number of hours worked by a worker without an interval does not exceed six.

34. Spreadover. - The periods of work of a worker in an establishment shall be so arranged that

inclusive of his intervals for rest, they shall not spreadover for more than nine and a half hours in

any day:

Provided that the Chief Inspector-cum-Facilitator may, for reasons to be specified in writing,

increase the spread over up to twelve hours.

35. Weekly holidays. - (1) No worker shall be required or allowed to work in an establishment

on the first day of the week (hereinafter referred to as the said day), unless-

(a) 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

(b) the employer of the establishment has, before the said day or the substituted day under clause

(a), whichever is earlier,-

(i) delivered a notice at the office 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

(ii) displayed a notice to that effect 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.

(2) Notices given under sub-rule (1) may be cancelled by a notice delivered at the office of

the Inspector-cum-Facilitator and a notice displayed in the establishment not later than

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

(3) Where, in accordance with the provisions of sub-rule (1), any worker works on the said

day and has had a holiday on one of the three days immediately before it, that said day

shall, for the purpose of calculating his weekly hours of work, be included in the

preceding week.

36. Compensatory holidays. - (1) Where, as a result of the passing of an order exempting an

establishment or the workers therein from the provisions of rule 33, a worker is deprived of any

of the weekly holidays for which provision is made sub-rule (1) of that rule, he shall be allowed,

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within the month in which the holidays were due to him or within the two months immediately

following that month, compensatory holidays of equal number of the holidays so lost.

(2) Except in the case of workers engaged in any work for which for technical reasons must be

carried on continuously throughout the day, the compensatory holidays to be allowed under sub-

rule shall be so spaced that not more than two holidays are given in one week.

(3) 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 of the Code is displayed. Any subsequent change in the notice in

respect of any compensatory holiday shall be made not less than three days in advance of the

date of that holiday.

(4) Any compensatory holiday or holidays to which 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.

(5) (a) The employer shall maintain a Register in Form 13:

Provided that, if the Chief Inspector-cum-Facilitator is of the opinion that any muster roll or

manager, gives in respect of any or all of the workers in the establishment the particulars

required for the enforcement of rule 34, he may, by order in writing, direct that such muster roll

or register or return shall, to the corresponding extent, be maintained in place of and be treated

as the register or return required under this rule for that factory.

(b) The register maintained under clause (a) shall be preserved for a period of three years

after the last entry in it and shall be produced before the Inspector-cum-Facilitator on

demand.

37. The total number of hours of overtime. ± (1) Where in an establishment a worker works

for more than eight hours in a 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 the

rate of wages and shall be paid at the end of each wage period subject to ±

(i) the total number of hours of work in any day shall not exceed ten;

(ii) the spread over, inclusive of intervals for rest, shall not exceed eleven hours in any one day;

(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

(iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the

total number of hours of overtime work in any quarter shall not exceed one hundred hours.

(2) In calculating overtime in 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.

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(3) In calculating the wages or earnings in the case of a worker paid by the month, the daily

wages shall be 1/26th of his monthly wages and in the case of any other worker it shall be the

daily wages or earnings as the case may be.

(4) the spread over for the workers shall exceed eleven hours in any one day under the following

works and circumstances in an establishment ±

(a) urgent repairs;

(b) work in the nature of preparatory or complimentary work;

while on duty ordinarily amount to more than the intervals for rest;

(d) work which for technical reasons must be carried on continuously;

(e) engaged in making or supplying articles of prime necessity which must be made or supplied

every day,

(f) engaged in a process which cannot be carried on except during fixed seasons;

(g) engaged in a process which cannot be carried on except at times dependent on the irregular

action of natural forces;

(h) engaged in an engine-rooms or boiler-houses or in attending to power-plant or transmission

machinery;

(i) engaged in process on account of the break-down of machinery;

(j) engaged in the loading or unloading of railway wagons or lorries or trucks;

(k) exceptional press of work and

(l) engaged in any work, which is notified by the Central Government in the Official Gazette as a

work of national importance:

Provided that the exceeding of spread over for the workers above eleven hours in any one day

shall be subject to the following conditions, namely:²

(i) the total number of hours of work in any day shall not exceed twelve;

(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;

(iii) the total number of hours of work in any week, including overtime, shall not seventy-two;

(iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the

total number of hours of overtime work in any quarter shall not exceed one hundred and twenty-

five hours.

(5) For the purposes of sub-rule (1), "rate of wages" means the basic wages plus all the

allowances, including the cash equivalent of the advantage accruing through the concessional

sale to workers of food grains and other articles, as the worker is for the time being entitled to,

but does not include a bonus and wages for overtime work.

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(6) The limits imposed by clauses (i) and (ii) of sub-rule (1) and clauses (i) and (ii) of proviso to

sub-rule (4) above shall not apply in the case of a shift worker if the said worker is allowed to

work the whole or part of the subsequent shift in the absence of a worker who has failed to report

for duty provided that the next shift of the said worker shall not commence before a period of

sixteen hours has elapsed after the specified stopping time of the shift to which he belongs.

38. Double employment of workers. ±

(a) The Inspector-cum-Facilitator may sanction the employment of workers in more than

one establishment on the same day if he is satisfied that such adult worker is allowed to

work not more than forty eight hours in a week and is allowed weekly holidays as per

section 26.

(b) A note under the initials of the Inspector-cum-Facilitator shall be made in the remarks

column of a Register of such workers permitted to work in more than one establishment.

39. Notice of periods of work. ±

(1)There shall be displayed and correctly maintained in every establishment, a notice of periods

of work duly approved by Inspector-cum-Facilitator, showing clearly for every day the periods

during which workers may be required to work in Form 14.

(2) Where all the workers in an establishment are required to work during the same periods, the

employer of the establishment shall fix those periods for such workers generally.

(3) Where all the workers in an establishment are not required to work during the same periods,

the employer of the establishment shall classify them into groups according to the nature of their

work indicating the number of workers in each group.

(4) For each group which is not required to work on a system of shifts, the employer of the

establishment shall fix the periods during which the group may be required to work.

(5) Where any group is required to work on a system of shifts and the relays are not to be subject

to predetermined periodical changes of shifts, the employer of an establishment shall fix the

periods during which each relay of the group may be required to work.

(6) Where any group is to work on a system of shifts and the relays are to be subject to

predetermined periodical changes of shifts, the employer of an establishment shall draw up a

scheme of shifts where under the periods during which any relay of the group may be required to

work and the relay which will be working at any time of the day shall be known for any day.

(7) Any proposed change in the system of work in any establishment which will necessitate a

change in the notice referred to in sub-rule (1) shall be notified to the Inspector-cum-Facilitator

in duplicate before the change is made, and except with the previous sanction of the Inspector-

cum-Facilitator, no such change shall be made until one week has elapsed since the last change.

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CHAPTER-VIII

MAINTAINANCE OF REGISTERS, RECORDS AND RETURNS

40. Register of adult workers. ± The register of adult workers shall be maintained in Form 15,

electronically or otherwise.

41. Register of adolescent workers. ± The register of adolescent workers shall be maintained in

Form 16, electronically or otherwise. This register shall be written up afresh each year and shall

be preserved for a period of twelve months.

42. Muster-roll.- (1) A muster-roll of all the workers employed in the establishment shall be

maintained in Form 17, electronically or otherwise, showing (a) the name of each worker, (b) the

nature of his work, and (c) the daily attendance of the worker.

(2)The muster-roll shall be written up afresh each month and shall be preserved for a period of 3

years from the date of last entry in it:

Provided that if the daily attendance is noted in respect of adults and adolescent workers in the

Registers of Workers in Form 15 and 16, respectively, or the particulars required under sub-rule

(1) are noted in any other register, and such register are preserved for a period of 3 years from

the date of last entry in them, a separate muster-roll required under sub-rule (1) need not be

maintained.

43.Attendance Card. - (1) No worker shall be required or allowed to work unless he/she has in

his/her possession attendance card with upto date entries, in Form 18 to be supplied by the

employer. The attendance card shall always remain with the worker. The employer or his

authorised person shall demand it only to make relevant entries therein, whenever necessary.

(2) If a worker loses his attendance card, the employer shall provide him/her with another copy

duly completed from his record on payment of twenty-five rupees within two days of the

payment.

44. Overtime Muster roll.- The employer of every establishment shall keep a muster roll in

Form 19, electronically or otherwise, showing the normal piece work rate of pay or the rate of

pay per hour of all the exempted workers in the establishment.

In this muster roll it shall be correctly entered the extent of overtime worked by each worker

together with the overtime earnings in respect thereof and the dates of the payment of such

earning. The muster roll shall always be available, and produced for inspection whenever

required by an Inspector-cum-Facilitator.

45. Overtime slips. ± Any work done by a worker beyond the normal specified period of work

shall be entered in the overtime slips in duplicate indicating there in the actual period of overtime

worked by him. A copy of such overtime slip duly signed by the employer or by a person duly

authorised by him in that behalf, shall be given to the worker immediately after completion of

the overtime work:

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Provided that if the Chief Inspector-cum-Facilitator is satisfied that in view of the nature of work

carried out in the factory, it is not possible to issue daily slips to the workers, he may permit

issue of weekly slips.

46. Register of leave with wages - (1) The register of leave with wages shall be maintained in

Form 20, electronically or otherwise:

Provided that if the Chief Inspector-cum-Facilitator is of the opinion that any muster roll or

gives, in respect of any or all of the workers in the establishment, the particulars required for the

enforcement of Chapter VII of the Code, he may, by order, in writing, direct that such muster roll

or register or return shall to the corresponding extent, be maintained in place of and be treated as

the register or return required under this rule in respect of that establishment.

(2) The register of leave with wages shall be preserved for a period of three years after the

last entry in it and shall be produced before the Inspector-cum-Facilitator on demand.

47. Leave book - (1) The employer shall provide each worker who has become entitled to leave

during a calendar year, with a book in Form 21 not later than the 31st January of the following

calendar year. The leave book shall be the property of the worker and the employer or his agent

shall not demand it except to make relevant entries of the dates of holidays or interruptions in

service, and shall not keep it for more than a week at a time:

Provided that in the case of a worker who is discharged or dismissed from service during the

course of the year, that is, who is covered under clause (vi) of sub-section (1) of section 32 of the

Code, the employer / manager shall issue an abstract from the register of leave with wages (Form

20) within a week from the date of discharge or dismissal as the case may be.

(2) If a worker loses his leave book, the employer / manager shall provide him with another leave

book on the payment of rupees twenty five only and shall enter his record thereon.

48. Register of accidents and dangerous occurrences.- (1) The employer of every

establishment shall maintain a register of all accidents and dangerous occurrences which occur in

the establishment in Form 22 showing the-

(a) name of injured person (if any);

(b) date of accident or dangerous occurrence;

(d) nature of accident or dangerous occurrence;

(e) date of return of injured person to work;

(f) number of days of absence from work of injured person.

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49. Register of wages.- (1) The employer of every establishment shall maintain a register of

wages in respect of workers as prescribed under Rules framed by the Government under the

Code on Wages, 2019 (Central Act no. 29 of 2019).

50. Display of notices.- (1) In addition to the notices required to be displayed in any

establishment by or under these Rules, there shall be displayed in every establishment a notice

containing abstracts of the Code and of the rules made thereunder and also the name and address

of the Inspector-cum-Facilitator and the Medical Officer.

(2) All notices required by or under this Rules to be displayed in an establishment shall be in

English and in a language understood by the majority of the employees in the establishment and

shall be displayed at some conspicuous and convenient place at or near the main entrance to the

establishment and shall be maintained in a clean and legible condition.

(3) The Chief Inspector-cum-Facilitator may, by order in writing served on the employer of any

establishment, require that there shall be displayed in the establishment any other notice or poster

relating to the health, safety or welfare of the workers in the establishment.

51. Display of Name and address of establishment. ± (1) A Board containing the name and

address of the establishment shall be displayed outside the establishment near the main entrance.

(2) Two third of the upper area of the board to be displayed as per sub-rule(1) shall be in English

and the rest of the area of the board shall be in a language understood by majority of the general

public in the vicinity of the establishment.

52. Wage slips.- (1) Every employer shall issue wage slips, electronically or otherwise to the

workers as prescribed under Rules framed by Government under the Code on Wages, 2019

(Central Act 29 of 2019) on or before payment of wages.

53. Returns ± The employer of every establishment shall furnish to the Chief Inspector-cum-

Facilitator returns in the form, electronically and within the due dates as specified below:-

(a) annual integrated return in Form 23, on or before 31^st January of each year;

(b) before the end of each year, a return giving before notice of all the days on which it is

intended to close the establishment during the next ensuing year. If in any year, an

establishment is newly started or re-started after its closure during the previous year,

such return shall be submitted before the date of such starting or re-starting for the

remaining period of the year:

Provided that the Government may dispense with this return in the case of any specified

establishment or of any class of establishment or of the establishments in any particular area.

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CHAPTER-IX

INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY

54. Qualifications and experience of Chief Inspector-cum-Facilitator. ± The Qualification

and experience of Chief Inspector-cum-Facilitator shall be as per the recruitment rules as notified

by the Government from time to time.

55. Power to take samples - (1) An Inspector-cum-Facilitator may at any time during the

normal working hours of a establishment, after informing the employer of the establishment, take

in the manner hereinafter provided a sufficient sample of any article or substance used or

intended to be used in the establishment or of the air of the atmosphere in or in the vicinity of

any such establishment or premises, such use of article or substance or presence of air being - (a)

in the belief of the Inspector-cum-Facilitator is in contravention of any of the provisions of the

Code or the rules made thereunder, or (b) in the opinion of the Inspector-cum-Facilitator likely to

cause bodily injury to, or injury to the health of, employees in the establishment.

(2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), he shall, in the

presence of the person informed under that sub-rule unless such person willfully absents himself,

divide the sample into three portions and effectively seal and suitably mark them, and shall

permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator so requires, provide

the appliances for dividing, sealing and marking the sample taken under this rule.

(4) The Inspector-cum-Facilitator shall ±

(a) forthwith give one portion of the sample to the person informed under sub-rule (1);

(b) forthwith send the second portion to a Government Analyst or a laboratory recognized by the

Chief Inspector-cum-Facilitator having accreditation of National Accreditation Board for Testing

and Calibration Laboratories (NABL), for analysis and report thereon;

be instituted in respect of the article or substance or air sample.

(5) Any document purporting to be a report under the hand of any Government Analyst or

recognized laboratory upon any substance or article or air sample submitted to him for analysis

and report under this rule, may be used as an evidence in any proceedings instituted in respect of

the substance or article or air sample.

(6) The expenditure of the sampling and analysis, if any, shall be borne by the employer of the

establishment.

56. Power to give directions. ± Subject to the provisions of the Code, the Chief Inspector-cum-

Facilitator or the Inspector-cum-Facilitator may, in exercise of the powers and performance of

the functions under the Code, issue any directions in writing to the employer, any officer or

authority appointed by the Government and such employer, such officer or authority shall be

bound to comply with such directions.

Explanation ± The power to issue directions under this rule shall include power to direct,-

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(a) the closure or prohibition of any establishment or any part thereof, operation or process,

machinery or plant; or

(b) the stoppage of supply of electricity, water or any other service or to reinstate it:

Provided that where the directions to be issued under this rule consists of any directions

specified in the above explanation, the Chief Inspector-cum-Facilitator shall issue a show cause

notice to the employer calling upon him to show cause within a period of seven days as to why

such directions should not be issued:

Provided further that no such notice shall be required to be given and the Chief Inspector-

cum-Facilitator may issue such directions after recording the reasons in writing and after

obtaining due approval of the Government, wherever the reasons for such directions are such that

the activity or the manufacturing process so carried out causes pollution or degradation of the

general environment and /or the working conditions in an establishment is in such a condition

that it involves imminent danger to human life or safety.

57. Qualifications and experience for empanelment as experts. ± (1) For the purpose of

empanelment as a non-technical expert for matters pertaining to audit and certification of

provisions related to welfare specified under Chapter VI of the Code, hours of work and annual

leave with wages specified under Chapter VII of the Code, maintaianance of registers, records

and returns specified under Chapter VIII of the Code, employment of women specified under

Chapter X of the Code, contract labour specified under Part I of Chapter XI of the Code,

interstate migrant workers specified under Part II of Chapter XI of the Code, audio visual

workers specified under Part III of Chapter XI of the Code, beedi and cigar workers specified

under Part V of Chapter XI of the Code and plantation specified under Part VIII of Chapter XI of

the Code and any other rule related to above provisions specified under the Code by the Central

Government or the Government, a person or an organization having persons shall possess ±

(a) (i) Masters Degree in Labour Studies from a recognized University / Institute with

fifteen years experience in the field in an establishment in a supervisory or higher

capacity;

(ii) Post Graduate Diploma in Labour Laws and / or Labour Welfare from a recognized

University / Institute with eighteen years experience in the field in an establishment

in a supervisory or higher capacity;

(iii)Company Secretary with Labour Laws as an elective subject with fifteen years

experience in the field and who is a member of The Institute of Company Secretaries

of India established under The Companies Act, 1980;

(iv) Master Degree in Labour Studies or Post Graduate Diploma in Labour Laws and / or

Labour Welfare from a recognized University / Board with ten years experience in a

Department of the Central or State Government which deals with the implementation

of the labour laws.

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(2) For the purpose of empanelment as a technical expert for matters pertaining to audit and

certification of provisions related to health, safety and working conditions specified under

Chapter V of the Code, employment of women specified under Chapter X of the Code, building

or other construction workers specified under Part VI of Chapter XI of the Code, factories

specified under Part VII of Chapter XI of the Code, plantation specified under Part VIII of

Chapter XI of the Code and any other rule related to above provisions specified under the Code

by the Central Government or the Government, a person or an organization having persons shall

possess ±

(a) (i) Degree in Mechanical / Electrical / Metallurgical / Chemical / Production / Industrial

Engineering or Technology from a recognized University / Institute with fifteen years

experience either in production / maintainance / execution of project / safety management

of any manufacturing industry in a supervisory or higher capacity;

(ii) Diploma in Mechanical / Electrical / Metallurgical / Chemical / Production / Industrial

Engineering or Technology from a recognized Board with eighteen years experience

either in production / maintainance / execution of project / safety management of any

manufacturing industry in a supervisory or higher capacity;

(iii) Degree or Diploma in Mechanical / Electrical / Metallurgical / Chemical / Production /

Industrial Engineering or Technology from a recognized University / Institute or a

recognized Board, as the case may be, with ten years experience as a recognized

Competent Person under the provisions of The Factories Act, 1948 (Central Act no.63 of

1948) and the Rules made there under or the Occupational Safety, Health and Working

Conditions Code, 2020 (Central Act No. 37 of 2020), as amended from time to time, for

the purpose of conducting test, examinations, inspections and certification of pressure

plant, lifting machines and lifting tackles and lifts and hoists, etc on the date of

commencement of these Rules;

and

(b) a Degree or Diploma in Industrial Safety awarded by University or Board of Technical

Education of any State Government or Union Territory Administration in this behalf ;

and

Factory Advise Services and Labour Institutes, Ministry of Labour and Employment,

Government of India or a valid certificate of Lead Auditor for occupational health and

safety management system issued by a certification body accredited to National

Accreditation Board for Certification Bodies (NABCB);

(3) Notwithstanding the provisions contained in clause (c) of sub-rule (2) above, any person who

possesses degree or diploma in engineering or technology from a recognized University / Board

with ten years experience in a Department of the Central or State Government which deals with

the implementation of the Factories Act, 1948 (Central Act no.63 of 1948) or the Occupational

Safety, Health and Working Conditions Code, 2020 (Central Act No. 37 of 2020), as amended

from time to time, shall also be eligible for empanelment as technical expert:

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Provided that a person possessing Degree or Diploma in the branch of Civil Engineering with

fifteen years or eighteen years of experience respectively in execution of building or other

construction work in a supervisory or higher capacity and meeting criteria as laid down in clause

(b) and (c) above shall be eligible for empanelment as a technical expert in respect of building or

other construction work:

Provided further that the Chief Inspector-cum-Facilitator may relax the requirements of a

certificate of training in safety and health audit or a valid certificate of Lead Auditor for

occupational health and safety management system, if the applicant is already functioning as an

Occupational Safety and Health Auditor and is above 45 years of age.

(4) A person to be eligible for empanelment as non-technical or technical expert shall be certified

physically fit by a Qualified Medical Practitioner. Tests to be conducted for the purpose of

ascertaining the fitness shall consist of physical examination, eye test and any other test(s) which

the qualified Medical Practitioner may specify.

(5) Duties and responsibilities of the empanelled non-technical or technical experts shall be as

may be notified by the Government in the scheme.

58. Qualifications of Medical Officer. ± The Medical Officer required to be appointed under

sub-section (1) of section 42 shall have qualification included in Schedules to the Indian Medical

Council Act, 1956 (Act 102 of 1956) and possesses Diploma in Occupational and Industrial

Health awarded by any recognized University or three months certificate course in Associate

Fellow of Industrial Health awarded by the Directorate General of Factory Advice Services and

Labour Institute, Mumbai.

59. Duties of Medical Officer. ± (1) Save as otherwise expressly provided in the Code, the

Medical Officer shall perform following duties, namely. -

(i)

Examination and certification of the employees engaged in the manufacturing process

or operations declared to be dangerous under section 82 of the Code and / or of the

employees engaged in establishment ZKHUHLQWKH³KD]DUGRXVSURFHVV´defined under

clause (za) of section 2 of the Code is involved or carried out or otherwise;

(ii)

For the purpose of the examination of the employees engaged in the dangerous

manufacturing process or operations or hazardous process or otherwise, the Medical

Officer shall visit the establishment within the local limits assigned to him at such

intervals as are prescribed by the rules relating to such manufacturing process or

operations or hazardous process.

(iii)

At such visits the Medical Officer shall examine the persons and if the persons so

examined are engaged in the dangerous manufacturing process or operations or

hazardous process, he shall record the results of his examination in a register known

as the Health Register in Form 24 which shall be kept by the employer and produced

to the Medical Officer at each visit.

(iv)

If the Medical Officer finds as a result of his examination that any person employed

in such process is no longer fit for medical reasons to work in that process, he shall

suspend such person from working in that process for such time as he may think fit

and no person after suspension shall be employed in that process without the written

sanction of the Medical Officer in the Health Register.

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(v)

The employer of an establishment shall afford to the Medical Officer facilities to

inspect any process in which any person employed or is likely to be employed.

(vi)

The employer of an establishment shall provide for the purpose of any medical

examination which the Medical Officer wishes to conduct at the establishment (for

his exclusive use on the occasion of an examination) a room which shall be properly

cleaned and adequately ventilated and lighted and furnished with a screen, a table

(with writing materials) and chairs.

(vii)

Examination and certification of adolescent for the purpose of ascertaining his fitness

for employment, shall be as per the procedure laid under ±

(a) The Medical Officer shall, on the application of any adolescent or his parent or

guardian accompanied by a document signed by the employer of a establishment

that such person will be employed therein if certified to be fit for work in a

establishment, or on the application of the employer of the establishment in which

any adolescent wishes to work, examine such person and ascertain his fitness for

work in a establishment.

(b) For the purposes of the examination and certification of adolescent who wishes to

obtain certificates of fitness, the Medical Officer shall arrange a suitable time and

place for the attendance of such persons, and shall give previous notice in writing

of such arrangements to the employers of establishments situated within the local

limits assigned to him.

Form 24A, or may renew, a certificate of fitness to work in a establishment as a

adolescent, if he is satisfied that the person has completed his fourteenth year, that

he has attained the prescribed physical standards and that he is fit for such work:

Provided that unless the Medical Officer has personal knowledge of the place

where the adolescent proposes to work and of the manufacturing process in which

he will be employed, he shall not grant or renew a certificate under this rule until

he has examined such place.

(d) The foil and counterfoil shall be filled in and the signature or the left thumb

impression of the person in whose name the certificate is granted shall be taken on

them. On being satisfied as to the correctness of the entries made therein and of

the fitness of the person examined, he shall sign the foil and initial the counterfoil

and shall deliver the foil to the person in whose name the certificate is granted.

The foil so delivered shall be the certificate of fitness. All counterfoils shall be

kept by the Medical Officer for a period of at least 2 years after the issue of the

certificate.

(e) If a certificate of fitness issued to an adolescent is lost, on receipt of an

application for the grant of a duplicate, the Medical Officer, after making such

enquiries as he deems fit, may grant a duplicate thereof. Such application shall be

forwarded through the employer of the establishment where the adolescent is

employed.

(f) (a) A fee of rupees five hundred shall be payable for the issue of every certificate

of fitness issued under this rule and shall be paid by the employer;

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(b) A fee of rupees two hundred and fifty shall be payable for the issue of every

duplicate of a certificate issued under this rule and shall be paid by the employer.

(g) A certificate of fitness granted or renewed under this rule shall be valid only for a

period of twelve months from the date thereof and may be made subject to

conditions in regard to the nature of the work in which the adolescent may be

employed, or requiring re-examination of the adolescent before the expiry of the

period of twelve months.

(h) A Medical Officer shall revoke any certificate granted or renewed under this rule

if, in his opinion the holder of it is no longer fit to work in the capacity stated

therein in an establishment.

(i) Where a Medical Officer refuses to grant or renew a certificate or a certificate of

the kind requested or revokes a certificate, he shall, if so requested by any person

who could have applied for the certificate or the renewal thereof, state his reasons

in writing for so doing.

(j) Where a certificate under this rule with reference to any adolescent is granted or

renewed subject to such conditions as are referred to in clause (c) above, the

adolescent shall not be required or allowed to work in any establishment except in

accordance with those conditions.

(k) Any fee payable for a certificate under this rule shall be paid by the employer and

shall not be recoverable from the adolescent, his parents or guardian.

(viii) The Medical Officer shall, upon request by the Chief Inspector-cum-Facilitator, carry

out such examination and furnish him with such report as he may indicate, for any

establishment or class or description of establishments where ±

(a) cases of illness have occurred which it is reasonable to believe are due to the

nature of the manufacturing process carried out on or other conditions of work

prevailing therein; or

(b) by reasons of any change in the manufacturing process carried on, or in the

substances used therein, or by reasons of the adoption of any new manufacturing

process or of any new substance for use in a manufacturing process, there is a

likelihood of injury to the health of employees employed in that manufacturing

process; or

cause injury to their health.

(d) The Chief Inspector-cum-Facilitator has reason to believe that the employees

shall be subjected to pre-employment medical check up at the time of joining the

organization and periodical medical examination every five years upto the age of

45 years and thereafter every three years.

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CHAPTER-X

SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN

60. Conditions relating to safety, holidays, working hours, etc. ± Women with her consent

may be employed before 6:00 AM and beyond 7:00 PM subject to the following conditions ±

(a) It shall be the duty of the employer to prevent or deter the commission of acts of sexual

harassment and to provide the procedures for the resolution, statement or prosecution of acts of

sexual harassment by taking all steps required.

(b) Employer should take appropriate steps to prevent sexual harassment

the penal law without delay and also ensure that victims or witnesses are not victimised or

discriminated while dealing with the complaints of sexual harassment and wherever necessary, at

the request of the affected worker, shift or transfer the perpetrator, if circumstances warrant. The

employer shall take appropriate disciplinary action if such conduct amounts to misconduct in

employment.

(d) The employer shall maintain a complaint mechanism in the establishment itself and the said

mechanism should ensure time-bound treatment of complaints. Such mechanism should be at

any rate to provide, when necessary a Complaint Committee, a special counsellor or other

support services including the maintenance of confidentiality.

(e) Such Complaint Committee should be headed by a woman and not less than half of its

members should be women, besides a non-governmental organisation's representation in the

committee. Such person should be familiar with the issues of sexual harassment.

(f) The female employees should be allowed to raise issues of sexual harassment to employees in

the employees' meeting and other appropriate forum.

(g) The female employees should be made aware of their rights in particular by prominently

notifying the guidelines on the subject.

(h) Wherever there is a harassment at the instance of a third party, either by an act or omission

the employer and person in charge of the establishment should take all steps necessary and

reasonable to assist the affected person. in terms of support and preventive action.

(i) The employer shall provide proper lighting not only inside the establishment, but also

surroundings of the establishment and to all places where the female employees may move out of

necessity in the course of such shift.

(j) The employer shall see that the women employees are employed in a batch not less than ten

and the total of the women employees employed in a night shift shall not be less than 2/3rd of the

total strength.

(k) Sufficient women security shall be provided during the night shift at the entry as well as exit

points.

(l) Sufficient number of work sheds shall be provided for the female employees to arrive in

advance and also leave after the working hours.

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(m) Separate canteen facility shall be provided for the female employees.

(n) Separate transportation facility shall be provided wherever transportation is provided by the

employer or the occupier of the establishment.

(o) Apart from the facilities, which is permissible under the Code, an additional holiday shall be

permitted for the women employees during their menstruation period, which shall be a paid

holiday for the night shifts.

(p) The establishment shall provide appropriate medical facilities and also make available at any

time of urgency by providing necessary telephone connections and where more than hundred

female employees are employed in a shift, a separate vehicle be kept ready to meet the emergent

situation such as hospitalisation, whenever there is a case of injury or incidental acts of

harassment etc.

(q) Wherever the establishment provides boarding and lodging arrangements for the female

employees, the same shall be kept exclusively for the women under the control of women

wardens or supervisors.

(r) During night shift not less than 1/3^rd of strength of the supervisors or shift-in-charge or

foreman or other supervisory staff shall be women.

(s) There shall be not less than twelve consecutive hours of rest or gap between the last shifts and

the night shift whenever a woman worker is changed from day shift to night shift and so also

from night shift to day shift.

(t) In other respects, the provisions of the Code and the rules of other statutory provisions with

respect to the hours of work and the payment of equal remuneration and all other labour

legislations shall be followed by the employer.

(u) The employer shall appoint not less than two female wardens per night shift who shall go

round and work as ³Special Welfare Assistants´.

(v) The female employees who work in night shifts and regular shifts shall have a monthly

meeting through their representatives with principal employer once in eight weeks as ³*rievance

Day´ and the employer shall try to comply all just and reasonable grievances.

(w) The employer shall be at liberty to employ female employees as a whole or in part during

night shift, provided, the above directions be complied with.

(x) The employer shall send a fortnightly report to the Inspector-cum-Facilitator under the Code

about the details of employees engaged during night shifts and shall also send express report

whenever there is some untoward incident to the Inspector-cum-Facilitator under the Code, and

local Police station as well.

(y) The area Inspector-cum-Facilitator under the Code shall strictly enforce the conditions and

make it a point to take note of the non-compliance in their inspection from time to time.

61. The manner of requiring the employer to provide adequate safeguards - The

Government, may, from time to time, by written order, prescribe the manner in which the

employer is required to provide adequate safeguards prior to the employment of women in

dangerous operation, wherever relevant provisions under these rules pertaining to such operation

prohibit employment of women.

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CHAPTER-XI

SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANT

WORKER, ETC.

CONTRACT LABOUR

62. Qualification and Criteria of the Contractor. - For the purposes of obtaining licence, the

contractor as an entity or as an individual should not be an un-discharged insolvent or convicted any

time during the last two years of an offence which is criminal in nature involving offences which are

liable for punishment for more than three months of imprisonment.

63. Conditions of licence under sub-section (3) of section 47.

(i)

The licence shall be non-transferable.

(ii)

The number of workers employed as contract worker in the establishment shall not, on

any day exceed the maximum number specified 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)

in case where the workmen employed by the contractor perform the same kind of

work as the workmen directly employed by the principal employer of the

establishment, the wage rates, Holidays, the hours of work and other conditions of

service of workmen of the contractor shall be the same as applicable to the workmen

directly employed by the principal employer of the establishment.

(v)

The rates of wages payable to the workers by the contactors shall not be less than the

rates prescribed under the Code on Wages, 2019 and where the rates have been fixed

by agreement, settlement or award, not less than the rates so fixed.

(vi)

The licence shall notify any change in the number of workmen or the conditions of

work to the licencing officer.

(vii)

In every establishment where 30 or more women workers are ordinarily employed as

contract labour there shall be provided a crèche for the use of their children.

(viii) A copy of the licence shall be displayed prominently at the premise where the contract

work is being carried on.

(ix)

The licencee shall, within 15 days of the commencement and completion of each

contract work shall submit a return to the Inspector-cum-Facilitator, appointed under

section of the Code intimating the actual date of the commencement or, as the case

may be, completion of such contract work in Form 24AA.

(x)

Every contractor engaging inter-state migrant workmen shall furnish the details of

such workers to the licencing Authority.

64. Form and manner of application for contract labour licence.- Every application by a

contractor for the grant of a licence shall be made on-line electronically through official portal in

Form 25 to the licensing authority.

65. Form of licence.-Every licence granted shall be in Form 26.

66. Procedure for issue oflicense.± (1)In granting or refusing to grant a licence, the licensing officer

shall take the following matters into account namely:-

(a) Whether the applicant-

(i) is a minor, or

(ii) is of unsound mind and stands so declared by a competent court, or

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SERIES I No. 37

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(iii) is an un-discharged insolvent, or

(iv) has been convicted (at any time during a period of two years immediately of an offence

which is criminal in nature involving offences which are liable for punishment for more

than three months of imprisonment.

(b) Whether there is an order of the appropriate Government or an award or settlement for the

abolition of contract labour in the establishment in relation to which the applicant is a contractor,

(d) Before the licence is issued under any rules, an amount calculated at the rate of rupees one

thousand for each of the worker to be employed as contract labour, in respect of which the

application for license has been made, shall be deposited by the contractor for performance of the

conditions of the license and compliance with the provisions of the code or the rules made

thereunder.

67. Appeal under sub-section (1) of section 52. ± An appeal under sub-section (1) of section 52 of

the code shall be made to the appellant authority specified in the said section 52.

68. Fees for grant of licence.- The fees to be paid for grant of licence shall be as specified in

Schedule I, alongwith Security Deposit at the rate of Rs.1000/- per worker.

69. Renewal of licence under sub-section (3) of section 48.- (1) Every contractor shall apply

electronically on official portal to the licensing officer for renewal of the licence.

(2) Every such application shall be submitted on the said portal not less than sixty days before the

date on which the licence expires.

(3) The fees chargeable for renewal of the licence shall be the same as for the grant thereof:

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

an additional fee of twenty five per cent in excess of the fee ordinarily payable for the licence shall be

payable for such renewal.

(4) It shall be the responsibility of the authority to renew license within 30 days.

70. Amendment of licence.- (1) The contractor who desires to have the licence amended shall

submit to the licensing officer. an application for an amendment on the portal stating the nature of the

amendment and reasons therefor before any change or within 3 days from such change.

(2) (i) If the licensing officer allows the application, he shall require the applicant to furnish fee

details for the amount, if any, by which the fees that would have been payable if the licence had been

originally issued in the amended form exceeds the fees originally paid for the licence.

(ii) on the applicant furnishing the requisite fees receipt the licence shall be amended according to the

orders of the licensing officer.

(3) Where the application for amendment is refused, the licensing officer shall record the reasons for

such refusal and communicate the same to the applicant electronically or otherwise.

71. Refund of security deposit. ± (1) on expiry of the period of licence the contractor may, if he

does not intend to have his license renewed further, make an application electronically or otherwise

to the licensing authority for the refund of the security deposited by him along-with the licence and

notice of completion of work and bank details in which amount is required to be refunded.

(2) If the Licensing Authority is satisfied that there is no breach of the conditions of license 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 the security, the amount to be

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

applicant.

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(4) Any application for refund shall, as far as possible, be disposed of within 60 days of the receipt of

the application.

72. Responsibility of Contractor.- (1) A contractor shall be responsible for payment of wages to

each worker employed by him as contract labour and such wages shall be paid before the expiry of

such period as may be prescribed.

(2) Every principal employer shall nominate a representative duly authorized by him to be present at

the place and time of disbursement of wages by the contractor and it shall be the duty of the

authorized representative of the principal employer to affix his initials against each entry and further

record a certificate at the end of the entries in the following form;

³&HUWLILHG WKDW WKH DPRXQW VKRZQ LQ WKH UHJLVWHU RI SD\PHQWV KDV EHHQ SDLG to the workman

FRQFHUQHGLQP\SUHVHQFH´

(3) 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 (29 of 2019) and where the rates have been fixed by

agreement, settlement or award, not less than the rates so fixed.

(4) In case where the workers employed by the contractor perform the same or similar kind of work

as the workers directly employed by the principal employer of the establishment, the wage rate,

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.

(5) In other cases the wag rates, holidays, hours of work and conditions of service of the workers of

the contractor shall be such as specified under the Code and rules made thereunder.

(6) It shall be the duty of the contractor to look after the welfare of the contract workers.

(7) The contractor shall notify any change in the number of workers or conditions of work to the

licensing authority electronically or otherwise.

(8) All contract labour shall be made member of EPFO and ESIC subject to applicability under

respective provisions of the Code on Social Security, 2020 (no 36 of 2020).

73. Intimation of work order and time limit for intimation.- (1) Every contractor shall within

fifteen 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 authorized representative.

(3) The intimation shall be sent electronically, or by e-mail or otherwise to the Licensing Authority.

74. Revocation or suspension of license under section 51.- (1) If the Licensing Authority is

satisfied that the licence has been obtained by mis-representation or suppression of any material fact

or if the contractor has failed to comply with the conditions subject to which licence was granted or

the contractor has contravened any provision of the Part-I, chapter XI of the code or rules made

thereunder, the Licensing Authority shall issue a show cause notice of 15 days to the contractor

electronically or otherwise by Registered Post or Speed Post. On receipt of the reply if any, from the

contractor within 15 days, the Licensing Authority shall examine the same and in case the licensing

authority feels that the continuation of contract business by the contractor is going to lead to grave

harm to the workers, he may pass a Speaking Order recording the reasons for revocation or

suspension or otherwise and communicate to the contractor electronically or otherwise by Registered

Post or Speed Post. A copy of the order shall be endorsed to the Labour Commissioner, concerned

Inspector-cum-Facilitator and concerned Principal Employer.

(2) If the contractor has complied with the said provision of the Code and rules made thereunder

within the stipulated time period, the Licensing Authority shall revoke the suspension giving a

speaking order or else the suspension may be continued.

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2364

(3) If the contractor fails to comply with the directions as in sub-rule (1), the Licensing Authority

may forth with pass an order of revocation of license, recording the reasons thereof and communicate

to the contractor electronically or otherwise by Registered post or Speed Ppost. The copy of the

order shall be endorsed to the Labour Commissioner, Inspector-cum-facilitator and concerned

principal employer.

75. Responsibility of Payment of wages.- (1) The contractor shall fix the wage periods in respect of

which wages shall be payable and no wage period shall exceed one month.

(2) Wages of every worker shall be paid within three days from the end of the wage period in case

the wage period is one a week or a fortnight and in all other cases before the expiry of seventh day

from the end of the wage period in respect of which the wages are payable.

(3) The wages shall be disbursed only through bank transfer or electronic mode only.

76. Making payment of wages from the security deposit amount.- If the contractor or principal

employer does not pay the wages to the contract labour employed by him, the Labour Commissioner

or his representative or the competent officer as may be notified, 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 fifteen days or else his license will

be liable to be suspended.

77. Experience certificate under section 56.- Every concerned contractor shall issue on demand,

experience certificate on the letter head giving details of the period, work performed, experience

gained in various fields by such contract labour.

78. Prohibition of employment of contract labour.- If a question arises as to whether any activity

of an establishment is a core activity or otherwise, the aggrieved party may make an application, to

the Registering Authority giving reasons along with supporting documents who shall forward it to the

State Government with comments thereon within a period of thirty days from the receipt of the

application for further action by the Government in the matter.

INTERSTATE MIGRANT WORKERS

79. Journey allowance to inter-state migrant workers under section 61. ±(1) The employer shall

pay to the migrant workmen the return fare from the place of employment to the place of residence

in the home state of the migrant workman by train (not less than II Class sleeper) or by bus or any

other mode of passenger transport, if he has worked for a period of not less than 180 days in the

concerned establishment oron his ±

(a) Termination of services before the expiry of the period of employment for any reason

whatsoever;

(b) being incapacitated for further employments on accounts of injury or continued ill-health

duly certified as such by a registered medical practitioner;

migrant workman; and

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(d) resignation from service on account of non-fulfillmentof terms and conditions of

employment by the employer:

Provided thatthe journey allowance shall be given to an inter-state migrant worker once in

twelve months. In the event of change of employer by the inter-state migrant worker during the

middle of the employment period and has not availed the journey allowance from his previous

employer, then on the basis of a certificate to be given by the inter-state migrant worker, the

employer where the inter-state migrant worker is now working and the such worker has completed

one hundred and eighty days in preceding twelve moths including he period spent with the previous

employer, then the employer shall give journey allowance.

80. Setting up of a toll free helpline number to the inter-state migrant worker. ± A toll-free help-

line number shall be provided by the Labour Department to address queries and grievances of the

inter-state migrant workers.

81. Study of inter-state migrant worker under section 64. ±The State Government may identify

the studies to be carried out to promote safety, health and welfare of inter-state migrant workers. The

state Government may also consult expert organizations and different stake holders involved in the

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

SCHEDULE ± I

[See rule 68]

A. Fees payable for registration under Motor Transport undertaking.

Sr. No.

Maximum number of Motor Transport Workers to be

employed on any day during the year.

Fees

(1)

(2)

(3)

1 to 10

Rs. 01,200/-

11 to 50

Rs. 01,800/-

51 to 100

Rs. 02,400/-

101 to 250

Rs. 03,000/-

251 to 500

Rs. 04,500/-

501 to 750

Rs. 06,000/-

751 to 1000

Rs. 10,000/-

1000 and above

Rs. 13,000/-

B. Fees payable for registration under Building and Other Construction work.

Sr. No

Number of workers proposed to be employed on contract

Fees

(1)

(2)

(3)

Up to 50

Rs. 0500/-

Exceeds 50 but does not exceed 100

Rs. 1000/-

Exceeds 100 but does not exceed 200

Rs. 2,000/-

Exceeds 200 but does not exceed 400

Rs. 4,000/-

Exceeds 400

Rs. 5,000/-

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C. Fees payable for registration under Contract Labour.

Sr. No

Number of workers proposed to be employed on contract

Fees

(1)

(2)

(3)

Is 50

Rs. 12,000/-

Exceeds 50 but does not exceed 100

Rs. 24,000/-

Exceeds 100 but does not exceed 200

Rs. 48,000/-

Exceeds 200 but does not exceed 400

Rs. 96,000/-

Exceeds 400

Rs. 1,20,000/-

D. Fees payable for licence under Contract Labour

Sr. No

Number of workers proposed to be employed on contract

Fees

(1)

(2)

(3)

Is 50

Rs. 03,000/-

Exceeds 50 but does not exceed 100

Rs. 06000/-

Exceeds 100 but does not exceed 200

Rs. 12,000/-

Exceeds 200 but does not exceed 400

Rs. 24,000/-

Exceeds 400

Rs. 30,000/-

AUDIO VISUAL WORKERS

82. Submission of agreement. ±

The copy of agreement shall be forwarded by the producer to the respective Inspector-cum-Facilitator

and registering authority declared under section 3 of the Code.

83. Dispute resolution mechanism. ±

(1) A District level committee consisting of following members shall resolve the

dispute arisen out of agreement between the parties, namely: -

a. Inspector-cum-Facilitator who shall be the Convener;

b. A representative of EPFO;

c. A social worker;

d. One eminent advocate.

(2) District level body on receiving matter shall start conciliation within 3 days.

(3) The district level body for resolving the dispute, may hold a meeting of the

representatives of both parties jointly or of each party separately in the office of

concerned Inspector-cum-Facilitator.

(4) The district level body shall conduct proceeding expeditiously and

decide within 45 days from date of commencement of conciliation.

(5) The proceeding of dispute resolution shall be maintained by concerned

Inspector-cum-Facilitator.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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BEEDI AND CIGAR WORK

84. License to industrial premises and person. ±

(1)

Any employer who intends or allows to use any place or premise for beedi or cigar

work shall submit an application in Form 27 on portal for the grant of license.

(2)

A licence for an industrial premise shall be granted by the Authority designated by the

Government appointed under section 119 of the code in Form 28 in electronic format for

a period of five years, as may be requested in the application for grant of licence and on

payment of the fees specified in the Schedule specified under sub-rule (3) of rule 92.

85. Plan of the place or premises. ± Plan of place or industrial premise to be used for beedi and

cigar work shall be as per provisions of these Rules.

86. Renewal of license. ±

(1)

A licence granted shall be renewed by the Designated Authority.

(2)

Every application for the renewal of the licence shall be made on portal in Form 27

together with the receipt of the payment of fees for a period of one year or any further

period up to five years, as the case may be, and shall be submitted not less than thirty

days before the date on which the licence expires.

(3)

The fees for renewal of licence for one year shall be the same as for the grant thereof.

Provided that if the application for renewal, complete in all respects, is not received

within the time specified in sub-rule (2), the licence shall be renewed only on payment of

a fee of twenty five percent in excess of the fees ordinarily payable for the renewal of a

licence for one year or five year, for which the application has been received late.

(4)

The Designated Authority under Section 119 of the Code shall grant or renew or refuse

the license within 30 days from date of receipt of application.

87. Time limit to file appeal and fees. - An appeal against the order of the Licensing Authority

refusing grant or renew license shall-

(a) be made electronically within a period of thirty days from the date of receipt the order sought

to be appealed against;

(b) be accompanied by a copy of the order appealed against.

(d) Be filed along with the treasury receipt as a proof of payment of fees as notified from time to

time.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2368

FACTORIES

88. Approval of plans.² (1) No site shall be used for the location of a factory or no building in

a factory shall be constructed, re-constructed, extended or taken into use as a factory or part of a

factory or any other extension of plant or machinery shall be carried out in a factory unless, a

previous permission in writing is obtained from the Chief Inspector-cum-Facilitator. An

application for such permission shall be made in Form 29 in electronic mode which shall be

accompanied by following documents, other particulars as specified under said Form 29 and

payment of two thousand rupees towards the fees for the same along with each such fresh

application :-

(a)

Plans in duplicate shall be drawn to scale showing:-

(i)

the site of the factory and immediate surroundings including adjacent buildings and

other structures, roads, drains, etc.

(ii) the plan, elevation and necessary cross-sections of the various buildings, indicating all

relevant details relating to natural lighting, ventilation and means of escape in case of

fire. The plans shall also clearly indicate the position of the plant and machinery, aisles

and passage ways; and

(b) Where any flammable or non-flammable or toxic or non-toxic compressed gas or petroleum

product or any other inflammable substance is intended to be possessed in a cylinder or a

vessel or a tank in any factory, application for permission shall also be accompanied by an

approval / license, if applicable, as required under the Gas Cylinders Rules, 2016 or the Static

and Mobile Pressure Vessels (Unfired) Rules, 2016 or the Petroleum Rules, 2002 or the

Inflammable Substances Act, 1952 (Act No.20 of 1952), as the case may be, as amended from

time to time, from the authority concerned.

(2) If the Chief Inspector-cum-Facilitator is satisfied that the plans are in consonance with the

requirements of the Code, he shall, subject to such conditions as he may specify, approve them by

signing and returning to the applicant one copy of each plan or he may call for such other

particulars as he may require to enable such approval to be given:

Provided that no place shall be disapproved unless the applicant is given an opportunity to be

heard and the Chief Inspector-cum-Facilitator or as the case may be, the Government has

recorded its reasons in that behalf:

Provided further that in respect of factories which are in existence on the date of commencement

of these Rules, the approval of plans obtained by such factories under the provisions of The

Factories Act, 1948 (Central Act no.63 of 1948) shall be deemed to be obtained under these rules.

89. Use of premises as factory - No occupier shall use any premises as a factory unless:

(i) The plans are approved from the Chief Inspector-cum-Facilitator in respect of the

following items, namely:-

(a) site on which the factory is to be situated;

(b) building and extension used for the purposes of manufacturing process;

(d) any changes, total or partial, in the manufacturing process (es).

(ii) the factory building, extensions, processes and machinery layout are in conformity with

the approved plans;

(iii) the conditions subject to which plans are approved, are complied with;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2369

(iv) a licence is obtained under rule 7 from the Chief Inspector-cum-Facilitator or renewed

under rule 9, and the said licence is valid at the relevant time.

Explanation: For the purpose of this clause a licence shall be deemed to be valid only if-

(a) the fees, including additional fees, if necessary are paid,

(b) the employment of workers for which licence is granted is not exceeded.

(d) existing building / shed / structure / work of engineering construction is in

accordance with the plans approved by the Chief Inspector-cum-Facilitator.

90. Certificate of stability ± No manufacturing process shall be carried on in any building of a

factory constructed, reconstructed or extended, or in any building which has been taken into use

as a factory or part of a factory until a certificate of stability, signed by a competent person, in

respect of that building in the form annexed to rule 91 has been sent by the occupier or manager

of the factory to the Chief Inspector-cum-Facilitator, and accepted by him:

Provided that no manufacturing process (es) shall be carried out in any premises of the factory

unless a fresh Certificate of Stability as specified in the form, is obtained from a competent person

and submitted to the Chief Inspector-cum-Facilitator, once in a period of five years or after any

extension or alteration, repair or addition of any work of engineering construction or replacement

or addition of machinery, plant etc:

Provided further that in case the person issuing the Certificate of Stability is a Structural Engineer

registered under the provisions of the Goa Land Development and Building Construction

Regulations, 2010, as amended from time to time, and who has originally designed the building /

shed / structure / work of engineering construction, the Certificate of Stability issued by such

person shall be considered in respect of such building / shed / structure / work of engineering

construction initially and thereafter once in a period of five years or after any re-construction,

extension, alteration, etc. or wherein there is any addition or modification of machinery, plant,

lifting tools or lifting machines.

91. Form of certificate of stability. ± Certificate of stability to be issued for each building / shed

/structure / work of engineering construction in the premises shall be as per the form given

below:-

Form of Certificate of Stability

(1) Name of the factory

(2) Village, town and district in which

the factory is situated

(3) Full postal address of the factory

(4) Name of the occupier of the factory

(5) Nature of manufacturing process

to be carried on in the factory

(6) Name of the building / shed /structure / work

of engineering construction and number

of floors on which workers will be employed «

(7) Nature and amount of moving power

H.P. on each floor

I certify that I have personally inspected the building / shed /structure / work of engineering

construction, the plans of which have been approved by the Chief Inspector-cum-Facilitator vide

OHWWHU 1R«««««««««««««««« GDWHG ««««««« DQG H[DPLQHG WKH

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

(SUPPLEMENT)

9TH DECEMBER, 2021

2370

various parts including the foundations with special reference to the machinery, plant, etc., that

have been installed. I am of the opinion that the building / shed /structure / work of engineering

construction, which has been constructed/reconstructed/extended/taken into use is structurally

VRXQGDQGWKDWLW¶VVWDELOLW\ZLOOQRWEHHQGDQJHUHGE\LWVXVHDVDIDFWRU\SDUWRIDIDFWRU\IRUWKH

PDQXIDFWXUH

RI««««««««««««««««««««««««IRU

ZKLFK

WKH

machinery, plant, etc. is / are installed. I hereby undertake to take responsibility and liability for

any action in accordance with the law in force in the event of any structural failure endangering

human life or safety.

Signature of the Competent Person

Signature of the Occupier

'DWH«

Name of Engineer (in block letters)

Qualification

Address

Date

If employed by a company or association, name

and address of the company or association

Certificate Ref. No

NOTE: - A separate stability certificate shall be issued for each building / shed /structure / work

of engineering construction in the premises.

NOTE: - For the purpose of rule 90 and rule 91 WKH ³FRPSHWHQW SHUVRQ´ PHDQV D 6WUXFWXUDO

Engineer registered under the provisions of the Goa Land Development and Building

Construction Regulations, 2010, as amended from time to time, and who has originally designed

the building / shed /structure / work of engineering construction or a person approved by office of

the Chief Inspector-cum-Facilitator, Government of Goa, and in the case of a building / shed

/structure / work of engineering construction occupied or erected by the Government, an officer

not below the rank of an Executive Engineer.

Explanation: - ³:RUN RI HQJLQHHULQJ FRQVWUXFWLRQ´ PHDQV DQ\ EXLOGLQJ WDQN VLOR VFDIIROG

platform, chimney, bridge, supporting structural work, retaining wall or any other similar

structure.

92. Application for registration and grant of licence. - (1) The occupier and manager of every

factory coming within the scope of the Code, after its commencement, shall apply to the Chief

Inspector-cum-Facilitator for registration and grant of licence in Form 30 in electronic mode:

Provided further that in respect of factories which are in existence on the date of commencement

of these rules, the license granted or renewed under the provisions of the Factories Act, 1948

(Central Act no.63 of 1948) in respect of such factories shall be deemed to be obtained or

renewed under these rules and shall remain in force till its validity period.

(2) The occupier or manager of a place to which the provisions of the Code are made applicable

by a notification under section 81 of the Code, shall submit an application within 30 days of the

date of such notification.

(3) Every such application shall be accompanied by a payment of the fees specified for the

purpose in the Schedule below:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2371

SCHEDULE

Scale of fees payable for licence and annual renewal of licence by factories

Quantity

H. P.

Installed

(Maximu

m H.P.)

MAXIMUM NUMBER OF EMPLOYEES TO BE EMPLOYED ON ANY DAY DURING THE YEAR

Upto 9

From 10

to 20

From

21 to

From 51

to 150

From

151 to

250

From

251 to

500

From

501 to

1000

From

1001 to

2500

From

2501 to

4000

4001

and

Above

Rs.

Nil

400

700

3000

4000

8000

16000

32000

48000

63000

Upto 10

600

1100

2700

6000

8000

12000

24000

48000

63000

78000

Above

10 but

not

above 50

800

3000

4000

8000

12000

16000

32000

59000

72000

86000

Above

50 but

not

above

100

3000

4000

6000

12000

16000

24000

40000

70000

78000

94000

Above

100 but

not

above

500

6000

7000

10000

24000

32000

40000

59000

78000

94000

109000

Above

500 but

not

above

1000

10000

11000

20000

32000

44000

52000

78000

94000

109000

125000

Above

1000 but

not

above

2000

14000

19000

26000

44000

52000

63000

86000

109000

125000

146000

Above

2000 but

not

above

5000

19000

26000

44000

52000

63000

86000

109000

125000

146000

159000

Above

5000 but

not

above

10000

28000

37000

65000

77000

94000

129000

172000

198000

212000

238000

Above

10000

41000

56000

97000

114000

146000

198000

251000

291000

317000

357000

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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9TH DECEMBER, 2021

2372

Provided that ±

(i)

fees to be charged for the following classes of factories shall, subject to a minimum of

rupees five, be half of those specified above, if they do not work for more than 180 days in

the aggregate in a calendar year:-

(a) Gur Factories,

(b) Cashew nut Factories,

(ii) in the case of other factories working for a part of the year and commencing work on or

after 1^st day of July, the fees to be charged for the first time shall, subject to a minimum of

rupees five, be half of those specified in the Schedule aforesaid.

(3) In case of a factory coming within the scope of the Code, where the application for

registration and grant of license is made after the commencement of the manufacturing process,

the occupier and manager, from the date of commencement of the manufacturing process till the

date of submission of application for registration and grant of license, shall be liable to pay

additional fee at the rate of two hundred percent of the fees payable per year, as specified in sub-

rule (2).

93. Grant of licence ± (1) The Chief Inspector-cum-Facilitator may, on application being made

to him under sub-rule (1) of rule 89 and on payment of the fees prescribed in sub-rule (2) of that

rule and on being satisfied that there is no objection to the grant of licence applied for, register the

factory and grant a licence in Form 31 to the applicant to use as factory such premises as are

specified in the application and subject to compliance with such conditions as are specified in the

licence:

Provided that subject to the provisions of sub-section (3) of section 79, the Chief Inspector-cum-

Facilitator may refuse to register the factory and grant a licence if he is satisfied ±

(i) that the approval of plans has not been obtained from the Chief Inspector-cum-Facilitator

as required under rule 88;

(ii) that the factory has not been constructed in accordance with the plans approved by the

Chief Inspector-cum-Facilitator or in compliance with the conditions subject to which the

plans are approved;

(iii) that material requirements of the relevant provisions specified in the Schedules to rule 104

in relation to the factory concerned have not been complied with; or

(iv) that there is imminent danger to life in the factory due to explosive or inflammable dust,

gas or fumes, and effective measures in his opinion have not been taken to remove the

danger.

(2) Subject to the provisions hereinafter contained with respect to suspension and unless earlier

renewed under rule 95, every such licence shall remain in force until the 31^st day of December of

the year for which the licence is granted, or renewed under rule 95.

94. Amendment of licence± (1) A licence under rule 93 may be amended by the Chief Inspector-

cum-Facilitator.

(2) A licensee shall be required to have his licence amended, if there is change in the name of the

factory or in the site on which the factory is situated, or if there is an addition or alteration to the

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premises in which the factory is situated, or change in the manufacturing process, or addition of

new process or deletion of process, or if the factory, for which the licence is granted, exceeds the

limits specified in the licence in regard to horse-power or the number of persons employed. The

licensee whose licence is required to be amended shall submit it to the Chief Inspector-cum-

Facilitator with an application stating the nature of the amendment and reasons thereof along with

Form 30 duly filled in and signed. Where application for the amendment of licence is duly made

in accordance with these rules, the factory in respect of which the licence is to be amended, as the

case may be, shall be deemed to be duly amended until such licence is amended or until an

intimation that the amendment of the licence has been refused is communicated to such person for

the reasons recorded in writing:

Provided that no amendment of the licence shall be necessary in respect of changes in the number

of workers or horse-power or both unless such changes involve higher licence or renewal fee.

Explanation: -

(i)

For the purpose of this rule, addition or alteration shall not include minor repairs which does

not change more than 5% of the existing built up area of the premises and shall also not

include built up area added or altered for the purpose of use for activities other than

manufacturing process and its allied activities.

(ii) For the purpose of this rule, change in the manufacturing process, or addition of new

process or deletion of process shall not include any change in the manufacturing process, or

addition of new process or deletion of process which does not result in change in the

category of the finished products being manufactured. However, any such change, which

results in change or addition or deletion of raw materials being used, the same shall be

intimated, along with the complete details of the raw materials added or deleted, to the Chief

Inspector at least fifteen days before such change.

(3) Where a licence is required to be amended under sub-rule (2) the fee to be paid for such

amendment shall be equal the difference between the licence or renewal fees due on the basis of

the higher number of workers and horse power and the fees for the grant of licence or renewal

thereof already paid for the year or part thereof.

95.Renewal of licence - (1) An application for the renewal of licence (for a period not exceeding

ten years) shall be made to the Chief Inspector-cum-Facilitator in Form 32 in electronic mode

accompanied with payment of the fees specified in the Schedule attached to rule 89 so as to reach

him not later than two months before the date on which the license is due to expire:

Provided that where a factory commences work on or after the 1^st day of November in any year

application for renewal of licence shall be made on or before the 1^st day of January next

following:-

(2)

(a) On receipt of the application under sub-rule (1), the Chief Inspector-cum-

Facilitator may, if he is satisfied that there is no objection to the renewal of the licence,

renew the same for a period not exceeding ten years on such conditions as he may

specify or may, after recording his reasons, refuse the renewal thereof on any of the

grounds specified in the proviso to rule 93.

(b) The Chief Inspector-cum-Facilitator may also refuse the renewal of the licence on

the ground that the applicant has been guilty of repeated contraventions of the provisions

of the Code or these rules or both or the applicant has obtained the licence by fraud or by

misrepresentation.

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Provided that in any case falling under clause (a) or (b) before refusing any licence the applicant

shall be given an opportunity to show cause why the licence should not be refused:

Provided further that if the period for which the renewal of licence is applied is one year or more

but does not exceed ten years, the fees payable under this sub-rule therefore per year, shall be at

the rate specified in the Schedule attached to rule 89 and in case during the period of validity of

the license, there is an increase in the fees payable, the Occupier, within a period of three months

from the date of publication of Notification to that effect in the Official Gazette, shall pay the

difference in fees payable with effect from the date of such increase till the remainder period of

validity of license:

Provided also that where the application for the renewal of the licence is made after the expiry of

the due date specified in this sub-rule, the additional graded fees at the percentage of the fees

payable for the renewal of the licence specified in column (2) of the Schedule hereto shall be

payable for such renewal of the licence for the period of delay specified in column (1) of the

Schedule.

SCHEDULE

Period of delay

Percentage of

fees

(1)

(2)

Upto one month

10 percent

Upto two months

20 percent

Upto three months

30 percent

Upto four months

40 percent

Upto five months

50 percent

Above five months

100 percent

96. Revocation of licence.- The Chief Inspector-cum-Facilitator may, at any time before the

expiry of the period for which the licence has been granted or renewed, revoke the licence on any

of the grounds specified in the proviso to rule 93 or clause (b) of sub-rule (2) of rule 95.

97. When licence deemed to be granted or renewed. ± Where application for the grant or for

renewal of licence is duly made in accordance with these rules, the factory in respect of which the

licence is to be granted or renewed, as the case may be, shall be deemed to be duly licensed until

such licence is granted or renewed or until an intimation that the grant or renewal of the licence

has been refused is communicated to such person.

Explanation:- For the purpose of this rule, an application for the grant or renewal of a licence

shall be deemed to have been duly made only if it is in the prescribed form and is filled in with all

relevant particulars and further is accompanied by a treasury receipt or an invoice for book

adjustment, as the case may be, for payment of the fees in accordance with the Schedule annexed

to rule 92.

98. Procedure for transfer of license. ± (1) If a licensee dies or becomes insolvent, the person

carrying on the business of such licensee shall not be liable to any penalty under the Code for

exercising the powers granted to the licensee by the licence during such time as may reasonably

be required to allow him to make an application for the amendment of the licence under rule 8 in

his own name for the unexpired portion of the original licence.

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(2) Transfer of licence ± (i) The holder of a licence may, at any time before the expiry of the

licence, apply for permission to transfer his licence to another person. The notice of occupation in

Form 30 shall be given by the new occupier in electronic mode on whose name the license is to be

transferred.

(ii) Such application shall be made to the Chief Inspector-cum-Facilitator who shall, if he

approves of the transfer, enter upon the licence, under his signature, an endorsement to the

effect that the licence has been transferred to the person named.

(iii) A fee of one thousand rupees shall be charged on each such application.

(3) In case of amendment of a license due to change in the name of the factory or change in the

organization status, the application for amendment in Form 30 shall be submitted in electronic

mode along with payment of one thousand rupees towards the fees for the same.

(4) In case of amendment of a license due to acquisition or merger taking place, the application

for amendment of license and notice of occupation in Form 30 shall be given by the new occupier

in electronic mode in whose name the license is to be transferred, accompanied by payment of

five thousand rupees towards the fees for the same.

99. Mode of payment of fees. ± (1) Every application under these rules shall be accompanied by

a treasury receipt showing that the appropriate amount of fee has been paid into the local treasury

under the relevant head of account.

(2) If an application for the grant, renewal or amendment of a licence is rejected, the fee paid shall

be refunded to the applicant.

(3) Where such application is granted, any amount paid by the applicant in excess of the

prescribed fee shall be refundable only after the expiry of one year from the date of such grant or

the same may be adjusted against payment of any fees due for the next succeeding year.

100. Suspension of licence on request of licensee - (1) If before the 31^st October of any year an

occupier notifies his intention in writing to the Chief Inspector-cum-Facilitator that during the

following year the premises in respect of which licence is issued will not be used for the working

of the factory, the Chief Inspector-cum-Facilitator may suspend the licence granted in respect of

such factory.

(2) A licence suspended under sub-rule (1) may be revived on receipt of an application for

renewal in Form 32 in electronic mode accompanied by the licence, for the remaining part of the

year, on payment of a surcharge of 10 per cent in addition to the fees specified in these rules.

101. Notice of occupation. ± The notice of occupation shall be in Form 30.

102. Notice of change of manager. ± Notice of change of manager shall be in Form 33.

103. Liability of owner of premises in certain circumstances. ±

The chief Inspector-cum-Facilitator may, through an order, specify the liability of the owner

and occupier jointly or separately on receiving the application from the occupier and owner of

the factory.

Provided that in case the occupier or owner does not apply for the same. Both occupier and

owner shall be liable for the common services and facilities.

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104. Dangerous operations.- The following operations when carried on in any factory a

declared to be dangerous operations under section 82:-

Manufacture of aerated water and processes incidental thereto;

II.

Electrolytic plating or oxidation of metal articles by use of an electrolyte

containing chromic acid or other chromium compounds;

III.

Manufacture and repair of electric accumulators;

IV.

Glass manufacture;

Grinding or glazing of metals;

VI.

Manufacture and treatment of lead and certain compounds of lead;

VII.

Generating petrol gas from petrol;

VIII.

Cleaning or smoothing, roughening , etc. of articles by a jet of sand, metal shot

or grit or other abrasive propelled by a blast of compressed air or steam;

IX.

Liming and tanning of raw hides and skins and processes incidental thereto;

Certain lead processes carried on in printing presses and type foundries;

XI.

Manufacture of pottery;

XII.

Chemical works;

XIII.

Manufacture of articles from refractory materials;

XIV.

Handling and processing of asbestos, manufacture of any article of asbestos and

any other process of manufacture or otherwise in which asbestos is used in any

form;

XV.

Handling or manipulation of corrosive substances;

XVI.

Processing of cashew nuts;

XVII.

Compression of oxygen and hydrogen produced by the electrolysis of water;

XVIII.

Process of extracting oils and fats from vegetables and animal sources in solvent

extraction plants;

XIX.

Manufacture or manipulation of manganese and its compounds;

XX.

Manufacture or manipulation of dangerous pesticides;

XXI.

Manufacture, handling and usage of benzene and substances containing benzene;

XXII.

Manufacturing process or operations in carbon disulphide plants;

XXIII.

Manufacture or manipulation of carcinogenic dye intermediates;

XXIV.

Operations involving high noise and vibration levels;

XXV.

Manufacture of Rayon by Viscose Process;

XXVI.

Handling and Processing of Highly Flammable liquids and flammable

compressed Gases;

XXVII.

Operations in Foundries

XXVIII.

Fireworks manufactories and match factories;

XXIX.

Manipulation of stone or any other material containing free silica.

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(2) The provisions specified in the schedules annexed hereto shall apply to class or

description of factories wherein dangerous manufacturing processes or operations specified in

each schedule are carried on.

(3) (a) For the medical examinations of the workers to be carried out by the Medical

Officer as required by the Schedules annexed to this rule, the occupier of the

factory shall pay fees at such rates as may be notified by the Government from time

to time for examination of each worker.

(b) The fees prescribed in sub-rule (3) (a) shall be exclusive of any charges for

biological, radiological or other tests which may have to be carried out in connection

with the medical examinations. Such charges shall be paid by the occupier.

(4). Notwithstanding the provision specified in the Schedules annexed to this rule, the

Inspector-cum-Facilitator may, by issue of orders in writing to the manager or occupier or both,

direct them to carry out such measures, and within such time, as may be specified in such order

with a view to remove conditions dangerous to the health of the workers, or to suspend any

process, where such process constitutes, in the opinion of the Inspector-cum-Facilitator imminent

danger of poisoning or toxicity.

(5). Any register or record of medical examinations and tests connected therewith required to

be carried out under any of the Schedules annexed hereto in respect of any workers shall be kept

readily available to the Inspector-cum-Facilitator and shall be preserved for a minimum period of

fifteen years after retirement or cessation of employment.

(6) Specific tests to be conducted for the purpose of carrying out medical examination of a

worker shall be in accordance with the Schedule herein below and the same shall be in addition to

the other biochemical, pathological, biological and instrumental investigations which the Medical

Officer may specify to assess the occupational health status of a worker.

(7) Other tests / investigations to be conducted for the purpose of carrying out medical

examination of a worker before employment and thereafter at specified intervals shall consist of

blood investigations for hemoglobin, total WBC count, differential count, blood grouping, fasting

blood sugar level, serum createnine, blood urea, electro cardio gram, urine (routine and

microscopic), audiometry, X-ray chest, eye test including colour vision, pulmonary function test

and any other test(s) which the Certifying Surgeon may specify.

SCHEDULE

Schedule

Dangerous

manufacturing

processes or operation

Specific Tests to be conducted

Manufacture of aerated water and

processes incidental thereto

Nil

Electrolytic plating or oxidation of

metal articles by use of an

electrolyte containing chromic

acid or chromium compounds

(i) X-ray chest

Pre-employment and then, every five

years or earlier if indicated.

(ii) Assessment of the chemical in blood/urine

such as chromium in blood and urine,

nickel in urine and cadmium in urine.

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(iii)Assessment of metabolites (where the

chemical cannot be measured) in

blood/urine, any other biological sample.

III

Manufacture and repair of electric

accumulators

(i) Assessment of chemical in blood / urine

such as Aminolevulinic acid in urine, lead

in urine and blood, haemoglobin %

steadiness test

Glass manufacture

(i) X-ray chest

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function tests

(iii)Assessment of lead in blood, urine.

Grinding or glazing of metals

(i) X-ray chest

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

Manufacture and treatment of lead

and certain compounds of lead

(i) Assessment of chemical in blood/urine

such as lead in blood and urine,

Aminolevulinic

acid

urine,

haemoglobin % steadiness test

VII

Generating petrol gas from petrol

Nil

VIII

Cleaning

smoothing,

roughening, etc of articles by a jet

of sand, metal shot or grit or other

abrasive propelled by blast of

compressed air or steam

(i) X-ray chest

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

Limming and tanning or raw hides

and skins and processes incidental

thereto

(i) Skin test for dermatitis and detection of

anthrax by gram stain.

Certain lead processes carried on

in printing process and type

foundries

(i) Assessment of chemical in blood/urine

such as lead in blood and urine,

Aminolevulinic

acid

urine,

haemoglobin % steadiness test

Manufacture of pottery

(i) X-ray chest

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

(iii)Assessment of chemical in blood/urine

such as lead in blood and urine,

Aminolevulinic

acid

urine,

haemoglobin % steadiness test

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XII

Chemical works

Nil

XIII

Manufacture

articles

from

refractory materials

(i) X-ray chest

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

XIV

Handling

and

processing

asbestos,

manufacture of

any

article of asbestos and any other

process

manufacture

otherwise in which asbestos is

used in any form

(i) Chest X-ray

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

Handling

manipulation

corrosive substances

Nil

XVI

Processing of cashew nuts

(i) Skin test for dermatitis

XVII

Compression

oxygen

and

hydrogen

produced

the

electrolysis of water

Nil

XVIII

Process of extracting oils and fats

from vegetable and animal sources

in solvent extraction plants

Nil

XIX

Manufacture or manipulation of

manganese and its compounds

(i) Assessment of serum calcium, serum

phosphate and manganese in blood and

urine.

(ii) Steadiness test

(iii)Neuro-muscular co-ordination test

Manufacture or manipulation of

dangerous pesticides

(i) Determination of the chemical in blood

and fat tissues, Electroencephalography

(EEG) abnormalities and memory test

(ii) Depression of cholinesterase in plasma

and red blood cells

XXI

Manufacture, handling and usage

benzene

and

substances

containing benzene.

(i) Phenol in urine and determination of

urinary sulphide ratio and central nervous

system and hematological tests

XXII

Manufacturing

process

operations in carbon disulphide

plants

Nil

XXIII

Manufacture or manipulation of

carcinogenic dye intermediates

(i) Detection

Methemoglobinemia

blood, para-Nitrophenylphosphate in

urine

(ii) Pulmonary function test

(iii)Central nervous system test

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XXIV

Operations involving high noise

levels

(i) Audiometry

XXV

Manufacture of Rayon by Viscose

process

(i) Iodine azide test on urine, cholesterol in

serum.

(ii) Electro cardiogram

(iii)Central nervous system test

XXVI

Highly flammable liquids and

flammable compressed gases

Nil

XXVII

Foundry Operations

(i) Chest X-ray

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test

XXVIII

Fireworks

manufactories

and

match factories

Nil

XXIX

Manipulation of stone or any other

material containing free silica

(i) Chest X-ray

Pre-employment and then every five years

or earlier if indicated.

(ii) Pulmonary function test.

(7) Other tests / investigations to be conducted for the purpose of carrying out medical

examination of a worker before employment and thereafter at specified intervals shall consist of

blood investigations for hemoglobin, total WBC count, differential count, blood grouping, fasting

blood sugar level, serum createnine, blood urea, electro cardio gram, urine (routine and

microscopic), audiometry, X-ray chest, eye test including colour vision, pulmonary function test

and any other test(s) which the Medical Officer may specify.

SCHEDULE I

Manufacture of Aerated Waters and processes incidental thereto

1. Fencing of machines .- All machines for filling bottles or siphons shall be so constructed,

placed or fenced, as to prevent, as far as may be practicable, a fragment of a bursting bottle or

siphon from striking any person employed in the factory.

2. Face guards and gauntlets.- (1) The occupier shall provide and maintain in good

conditions for the use of all persons engaged in filling bottles or siphons.

(a) suitable face guards to protect the face, neck and throat; and

(b) suitable gauntlets for both arms:

Provided that ±

(i) Paragraph 2 (1) shall not apply where bottles are filled by means of an automatic

machine so constructed that no fragment of a bursting bottle can escape.

(ii) Where a machine is so constructed that only one arm of the bottle work upon it is

exposed to danger, a gauntlet need not be provided for the arm which is not exposed

to danger, a gauntlet need not be provided for the arm which is not exposed to

danger.

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(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 or labeling bottles or

siphons-

(a) suitable face-guards to protect the face, neck and throat; and

(b) suitable gauntlets for both arms to protect the arm and at least half of the palm and the

space between the thumb and forefinger.

(3) Wearing of face guards and gauntlets.- All persons engaged in any of the processes

specified in paragraph 2 of this Schedule shall, while at work in such processes, wear the face

guards and gauntlets provided under the provisions of the said paragraph.

SCHEDULE II

Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic

acid or other chromium compounds

1. Definitions .- For the purposes of this Schedule ±

(a) ³HOHFWURO\WLF FKURPLXP SURFHVV´ PHDQV WKH electrolytic planting or oxidation of metal

articles by the use of an electrolyte containing chromic acid or other chromium

compounds;

(b) ³EDWK´PHDQVDQ\YHVVHOXVHGIRUDQHOHFWURO\WLFFKURPLXPSURFHVVRUIRUDQ\VXEVHTXHQW

process;

process involving contact with liquid from a bath; and

(d) ³VXVSHQVLRQ´PHDQVVXVSHQVLRQIUom employment in any process involving contact with

liquid from any bath by written certificate in the health register signed by the Medical

Officer who shall have power of suspensions as regards all persons employed in any such

process.

2. Exhaust draught.- (a) An efficient exhaust draught shall be applied to every vessel in

which an electrolytic chromium process is carried on. Such draught shall be provided by

mechanical means and shall operate on the vapour or spray given off in the process as near as may

be at the point of origin.

(b) 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.

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

(e) A report containing particulars of such examination and test shall be maintained in Form 34.

3. Prohibition relating to women and adolescent persons.- No woman or adolescent, shall be

employed or permitted to work at a bath unless adequate safeguards have been provided in the

manner as prescribed by the Government by written order under rule 61 of these Rules.

4. Floor of workrooms.- The floor of every workroom containing a bath shall be impervious

to water. The floor shall be maintained in good and level condition and shall be washed down at

least once a day.

5. Protective clothing.- (1) The occupier shall provide and maintain in good and clean

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condition the following articles of protective clothing for the use of all persons employed on any

process at which they are liable to come in contact with liquid from a bath and such clothing shall

be worn by the persons concerned-

(a) waterproof aprons and bibs; and

(b) for persons actually working at a bath, loose fitting rubber gloves and rubber boots or

other waterproof footwear.

(2) The occupier shall provide and maintain for the use of all persons employed suitable

accommodation for the storage and adequate arrangements for the drying of the protective

clothing.

6. Cautionary placard.- A cautionary placard in the form specified by the Chief Inspector-

cum-Facilitator and printed in the language of the majority of the workers employed shall be

affixed in a prominent place in the factory where it can be easily and conveniently read by the

workers.

7. Medical requisites.- The occupier shall provide and maintain a sufficient supply of

suitable ointment and impermeable waterproof plaster in a separate box readily accessible to the

workers and used solely for the purpose of keeping the ointment and plaster.

8. Medical examination.- (1) Every person employed in electrolytic chrome process, shall be

examined by a Medical Officer within 30 days of his first employment in the said process and if

found fit, shall be granted by the Medical Officer a certificate of fitness in Form 24B and after the

first examination he shall be examined by the Medical Officer at intervals of not more than one

year.

(2) If at any time, the Medical Officer is of the opinion that any person is no longer fit for

employment in the said process on the grounds that continuance therein would involve special

danger to the health of the worker, he shall cancel the certificate of fitness issued to him.

9. Weekly examinations.- (1) The occupier of every factory shall appoint a qualified medical

practitioner whose appointment shall be subject to confirmation by the Chief Inspector-cum-

Facilitator.

(2) No person shall be employed in electrolytic chrome process unless he has been examined

and found fit for the said process by the qualified medical practitioner. Such examination shall

include inspection of hands, forearms and nose and will be carried out at intervals of not more

than one week. The results of such examination shall be maintained in a health register in Form

24C. The register shall be kept by the manager and shall contain the names of all persons

employed in the said process and the certificate of fitness in respect of each person issued by the

Medical Officer shall be attached thereto.

(3) If at any time, the qualified medical practitioner is opinion that any person is no longer fit

for employment in the electrolytic chrome process, he shall make a record of his findings in the

health register and intimate the manager in writing that the said person is unfit for work in the

said process.

(4) A person so found unfit by the registered medical practitioner shall be sent by the

manager to the Medical Officer with a report from the qualified medical practitioner. The Medical

Officer after examination may suspend the said person from working in the said process. No

person after suspension shall be employed without written sanction from the Medical Officer

entered in or attached to the Health Register.

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SCHEDULE III

Manufacture and repair of electric accumulators

1. Savings.- This Schedule shall not apply to the manufacture of repair of electric

accumulators or parts thereof not containing lead or any compound of lead; or to the repair on the

premises, of any accumulator forming part of a stationary battery.

2. Definitions.- For the purpose of this Schedule.

(a) µOHDGSURFHVV¶PHDQVWKHPHOWLQJROHDGRUDQ\PDWHULDOFRQWDLQLQJOHDGFDVWLQJSDVWLQJ

lead burning, or any other abrading or cutting of pasted plates, involving the use,

movement or manipulation of, or contact with, any oxide of lead;

(b) ³PDQLSXODWLRQRIUDZR[LGHRIOHDG´PHDQVDQ\OHDGSURFHVVLQYROYLQJDQ\PDQLSXODWLRQ

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;

certificate in the health register (Form 24) signed by the Medical Officer who shall have

power of suspension as regards all persons employed in any such process; and

(d) ³ILUVWHPSOR\PHQW¶PHDQVILUVWHPSOR\PHQWLQDOHDGSURFHVVLQDIDFWRU\RUZRUNVKRS

and also re-employment thereof in a lead process following any cessation of employment

in such process for a period exceeding three calendar months.

3. Prohibition relating to women and adolescent persons.- No woman or adolescent persons

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 unless adequate safeguards have been

provided in the manner as prescribed by the Government by written order under rule 61 of these

Rules.

4. Separation of certain processes.- Each of the following processes shall be carried on in

such a manner and under such conditions as to secure effective separation from one another, and

from any other process-

(a) manipulation of raw oxide of lead;

(b) pasting;

(d) formation with lead burning (racking) necessarily carried on in connection therewith;

(e) melting down of pasted plates; and

(f) the grid casting soap.

5. Air space.- In every room in which lead process is carried on, there shall be at least 15.0

cubic meters of air space for each person employed therein, and in computing this air space no

height over 3.75 meters shall be taken into account.

6. Ventilation.- every workroom shall be provided with inlets and outlets of adequate size as

to secure and maintain efficient ventilation in all parts of the room.

7. Distance between workers in pasting room.- In every pasting room the distance between

the centre of the working position of any one paster and that of the paster working nearest to him

shall not be less than 1.5 meters.

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8. Floor of workroom.- (1) The floor of every room in which 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

process carried on in the room.

(2) In all such rooms other then grid casting shops the floor shall be cleansed daily after

being thoroughly sprayed with water at a time when no other work is being carried on in the

room.

(3) In grid casting shops the floor shall be cleansed daily.

(4) Without prejudice to the requirements of sub-paragraphs (1), (2) and (3), where

manipulation of raw oxide of lead or pasting is carried on, the floor shall also be-

(a) kept constantly moist while work is being done;

(b) provided with suitable and adequate arrangements for drainage; and

9. Work-benches.- The work benches at which any lead process is carried on shall-

(a) have a smooth surface and be maintained in sound condition and

(b) be kept free from all materials or plant not required for, or produced in, the process

carried on threat;

and all such work-benches other than those in grid casting shops shall-

apparatus at a time when no other work is being carried on threat;

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; and

(g) be kept constantly moist while pasting is being carried on;

and every work-bench used for trimming, brushing, filling or may any other abrading or cutting

of pasted plates shall-

(h) be fitted with a top having opening or grill which shall allow any clippings, filling or dust

produced to all into a collecting through containing water.

10. Exhaust draught.- 1) The following processes shall not be carried on without the use if an

efficient exhaust draught.

(a) melting of lead or materials containing lead;

(b) manipulation of raw oxide of lead, unless done in an enclosed apparatus so as to prevent

the escape of dust into the workroom.

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(d) Trimming , brushing, filing or any other abrading or cutting of pasted plates giving rise to

dust;

(e) Lead burning, other than;

(i) tacking in the formation room; and

(ii) chemical burning for the making of lead lining for cell cases necessarily carried on

in such a manner that the application of efficient exhaust is impracticable.

2) (a) Such exhaust draught shall be affected by mechanical means and shall operate on the dust

or fume given off as nearly as may be at its point of origin, so as to prevent it entering the air of

any room in which persons work. (b) 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.

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

(e) A report containing particulars of such examination and test shall be maintained in Form 34.

11. Fumes and gases from melting pots.- The products of combustion produced in the heating

of any melting pot shall not be allowed to escape into a room in which persons work.

12. Container for dross.- A suitable receptacle with tightly fitting covers shall be provided

and used for dross as it is removed from every melting pot. Such receptacle shall kept covered

while in the workroom, except when dross is being deposited therein.

13. Container for lead waste.- A suitable receptacle shall be provided in every workroom in

which old plated and waste material which may give rise to dust shall be deposited.

14. Racks and shelves in drying room. ± (1) racks or shelves provided in any drying room

shall not be more than 2.4 meters from the floor nor more than 60 centimeters in width:

Provided that as regards racks or shelves set or drawn from both sides the total width shall not

exceed 120 centimeters

(2) Such racks or shelves shall be cleaned only after being thoroughly damped unless an

efficient suction cleaning apparatus is used for this purpose.

15. Protective clothing. ± (1) 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.

(2) The protective clothing shall consist of waterproof footwear; and in addition as regards

persons employed in the manipulation of raw oxide of lead or in pasting, head coverings. The

head coverings shall be washed daily.

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16. 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 messroom,

which shall be furnished with sufficient tables and benches, and adequate means for warming

food. The messroom shall be placed under the charge of a responsible person, and shall be kept

clean.

17. Cloakroom. ± There shall be provided and maintained for the use of all persons employed

in a lead process-

(a) a cloakroom for clothing put off during working hours with adequate arrangements for

dying the clothing if wet, which accommodation shall be separate from any messroom;

and

(b) separate and suitable arrangements for the storage of protective clothing provided under

paragraph 15.

18. Washing facilities.- 1) There shall be provided and maintained in a clean state and in

good repair for the use of all persons employed in a lead process-

(a) a wash place under cover, with either-

(i) a trough with a smooth impervious surface fitted with a waste pipe without plug,

and of sufficient length to allow of at least 60 centimeters for every five such

persons employed at any one time, and having a constant supply of water from taps

or jets above the trough at intervals of not more than 60 centimeters; or

(ii) at least one wash basin for every five such persons employed at any one time, fitted

with a waste pipe and plug and having a constant supply of water laid on;

(b) a sufficient supply of clean towels made of suitable materials renewed daily, which

supply, in the case of pasters and persons employed in the manipulation of raw oxide of

lead, shall include a separate marked towel for each such worker; and

(2) 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.

19. Time to be allowed for washing.- %HIRUHHDFKPHDODQGEHIRUHWKHHQGRIWKHGD\¶VZRUN

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 60 centimeters of trough for each such person this paragraph

shall not apply.

20. Facilities for bathing.- Sufficient bath accommodation to the satisfaction of the Chief

Inspector shall be provided for all persons engaged in the manipulation of raw oxide of lead or in

pasting, and a sufficient supply of soap and clean towels.

21. Food, drinks, etc. prohibited to workrooms.- No food, drink, pan and supari or tobacco

shall be consumed or brought by any worker into any workroom in which any lead process is

carried on.

22. Storage of lead oxides.- All bags containing or having contained oxide of lead shall be

kept in a closed room used only for this purpose.

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23. Re-use of paper or cloth restricted.-

(a) Paper once used for backing or drying pasted plates shall not be used again in the factory.

(b) Cloth once used for backing or drying pasted plates shall not be stored or handled unless

it is moist so as not to give off dust.

24. Medical examination.- 1) Every person employed in a lead process shall be examined by

the Medical Officer within seven days preceding or following the date of his first employment in

such process and thereafter shall be examined by the Medical Officer once in every six months, or

at such other intervals as may be specified in writing by the Chief Inspector-cum-Facilitator, on a

day of which due notice shall be given to all concerned.

(2) A health register in Form 24 containing the names of all persons employed in a lead

process shall be kept.

(3) No person after suspension shall be employed in a lead process without written sanction

from the Medical Officer entered in or attached to the health register.

SCHEDULE IV

Glass manufacture

1. Definitions.- For the purposes of this Schedule-

(a) ³HIILFLHQWH[KDXVWGUDXJKW´PHDQVORFDOLVHGYHQWLODWLRQHIIHFWHGE\PHFKDQLFDOPHDQVIRU

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 drought shall be deemed efficient which fails to

remove smoke generated at the point where such gas, vapour, fume or dust originate;

(b) ³OHDGFRPSRXQG´PHDQVDQ\FRPSRXQGRIOHDGRWKHUWKDQJDOHQDZKLFKZKHQWUHDWHGLQ

the manner described below, yields to an aqueous solution of hydrochloric acid a

quantity of soluble lead compound exceeding, when calculated as lead monoxide, five

per cent of the dry weight of the portion taken for analysis.

The method of treatment shall be as follows:-

A weighed quantity of the material which has been dried at 100 degreed centigrade

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 filtered. The lead salt contained in the clear

filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate.

3 by written certificate in the health register, Form 7, signed by the Medical Officer who

shall have power of suspension as regards all persons employed in any such process:-

2. Exhaust draught. ± (1) The following processes shall not be carried on except under an

efficient exhaust draught or such other conditions as may be approved by the Chief Inspector:-

(a) WKHPL[LQJRIUDZPDWHULDOVWRIURPD³EDWFK´

(b) the dry grinding. Glazing and polishing of glass or any article of glass;

(d) DOO SURFHVVHV LQ WKH PDNLQJ RI IXUQDFH PRXOGV RU ³SRWV´ LQFOXGLQJ WKH JULQGLQJ RU

FUXVKLQJRIXVHG³SRWV´DQG

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(e) all processes involving the use of a dry lead compound.

(2) (a) 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.

(b) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) A report containing particulars of such examination and test shall be maintained in Form 34.

3. Prohibition relating to women and adolescent persons. ± No woman or adolescent person

shall be employed or permitted to work in any of the operations specified in paragraph 2 or at any

place where such operations are carried on unless adequate safeguards have been provided in the

manner as prescribed by the Government by written order under rule 61 of these Rules.

4. Floor and work-benches. ± The floor 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 comply with the following requirements ±

(a) the floor shall be-

(i) of cement or similar material so as to be smooth and impervious to water;

(ii) maintained in sound conditions; and

(iii) cleansed daily after being thoroughly spread with water at a time when no other

work is being carried on in the room; and

(b) the work-benches shall-

(i) have a smooth surface and be maintained in sound condition; and

(ii) be cleansed daily either after belong thoroughly damped or by means of a suction

cleaning apparatus at a time when no other work is being carried on thereat.

5. Use of hydrofluoric acid.- The following provisions shall apply to rooms in which glass is

treated with hydrofluoric acid-

(a) there shall be inlets and outlets of adequate size as to secure and maintained efficient

ventilation in all parts of the room;

(b) the floor shall be covered with gutta-percha and be tight and shall slope gently down to a

covered drain;

in the objects to be treated shall be as small as practicable; and

(d) the efficient exhaust draught shall be so contrived that the gases are exhausted

downwards.

6. Storage and transport of hydrofluoric acid.- Hydrofluoric acid shall not be stored or

transported except in cylinders or receptacles made of lead or rubber.

7. Blow pipes. ± Every glass blower shall be provided with a separate blow pipe bearing the

distinguishing mark of the person to whom it is issued and suitable facilities shall be readily

available to every glass blower for sterilizing his blow pipe.

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8. Food, drinks, etc, prohibited in workroom. ² No food, drinks, pan and supari or tobacco

shall be brought into or consumed by any worker in any room or workplace wherein any process

specified in paragraph 2 is carried on.

9.Protective clothing.- The occupier shall provide, maintain in good repair and keep in a

clean condition for the use of all persons employed in the processes specified in paragraph 2,

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.

10. Washing facilities.- There shall be provided and maintained in a clean state and in good

repair for the use of all persons employed in the processes specified in paragraph 2;

(a) a wash place with either-

(i) a trough with a smooth impervious surface fitted with a waste pipe, without plug,

and of sufficient length to allow of at least 60 centimeters for every five such

persons employed at any one time, and having a constant supply of water from taps

or jets above the trough at intervals of not more than 60 centimeters ; or

(ii) at least one wash basin for every five such persons employed at any one time, fitted

with a waste pipe and plug and having an adequate supply of water laid on or always

readily available;

(b) a sufficient supply of lean towels made of suitable material renewed daily with a

sufficient supply of soap or any other suitable cleansing material and of nail brushes; and

the satisfaction of the Chief Inspector.

11. Medical examinations.- (1) Every person employed in any process specified in paragraph

2 shall be examined by the Medical Officer within seven days preceding or following the date of

his first employment in such process and thereafter he shall be examined by the Medical Officer

once in every six months or at such other intervals as may be specified in writing by the Chief

Inspector-cum-Facilitator, on a day of which due notice shall be given to all concerned.

(2) A health register in Form 24 containing the names of all persons employed in any process

specified in paragraph 2 shall be kept.

(3) No person after suspension shall be employed in any process specified in paragraph 2

without written sanction from the Medical Officer entered in or attached to the health register.

12. Exemption.- If the Chief Inspector-cum-Facilitator is satisfied in respect of any factory or

any class of process that, owing to the special methods or otherwise, any of the requirements of

this Schedule can be suspended or relaxed without danger to the persons employed therein, or that

the application of this Schedule or any part thereof is for any reason impracticable, he may be

certificate in writing authorise such suspension or relaxation as may be indicated in the certificate

for such period and on such conditions as he may think it.

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SCHEDULE V

Grinding, or glazing of metals and processes incidental thereto

1. Definitions. ± For the purpose of this Schedule ±

(a) ³JULQGVWRQH´ means a grindstone composed of natural or manufactured sandstone by does

not include a metal wheel or manufactured sandstone are fitted;

(b) ³DEUDVLYHZKHHO´PHDQVDZKHHOPDQXIDFWXUHGRIERQGHGHPHU\RUVLPLODUDEUDVLYH

grindstone or abrasive wheel;

(d) ³JOD]LQJ´PHDQVWKHDEUDGLQJXSSROLVKLQJSUILQLVKLQJE\DQGRIPHFKDQLFDOSRZHURI

metal by means of any wheel, buff, mop or similar appliance to which any abrading or

polishing substance is attached or applied;

(e) ³UDFLQJ´PHDQV WKHWXUQLQJXSFXWWLQJRUGUHVV RIDUHYROYLQJ JULQGVWRQHEHIRUHLWLV

brought into use for the first time;

(f) ³KDFNLQJ´PHDQVWKHFKLSSLQJRIWKHVXUIDFHRIDJULQGVWRQHE\DKDFNRUVimilar tool; and

(g) ³URGGLQJ´PHDQVWKHGUHVVLQJRIWKHVXUIDFHRIDUHYROYLQJJULQGVWRQHE\WKHDSSOLFDWLRQ

of a road, bar or strip of metal to such surface.

2. Equipment for removal of dust - No racing dry grinding or glazing shall be performed

without.-

(a) a hood or other appliance so constructed, arranged places 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 duct shall be kept free from obstruction and shall be provided with proper

means of access for inspection and cleaning, and where practicable, with a connection at

the end remote from the fan to enable the Inspector to attach thereto any instrument

necessary for ascertaining the pressure of air in the said duct; and

Provided that the Chief Inspector may accept any other appliance that is, in his opinion, as

effectual for the interception, removal and disposal of dust thrown off as a hood, duct and fan

would be.

3. 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.

4. 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.

5. Hacking and Roding.- Hacking or Roding shall not be done unless during the process

either an adequate supply of water is laid on at the upper surface of the grindstone or adequate

appliances for the interception of dust are provided in accordance with the requirements of

paragraph 2.

6. Examination of dust equipment. ± (1) All equipment for the extraction or suppression of

dust shall all least once in every twelve months be examined and tested by a competent person,

and any defect disclosed by such examination and test shall be rectifies as soon as practicable.

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(2). A register containing particulars of such examination and test shall be kept in Form 28.

7. Exception.- (1) Nothing in this Schedule shall apply to any factory in which only repairs

are carried on expect any part thereof in which one or more persons are wholly employed in the

grinding or glazing of metals.

(2) Nothing in this Schedule except paragraph 3 shall apply to any grinding or glazing of

metals carried on intermittently and at which no person is employed for more than 12 hours in any

week.

8. Exemption. _ The Chief Inspector-cum-Facilitator may by certificate in writing, subject to

such conditions as he any specify therein, relax or suspend any of the provisions of the Schedule

in respect of any factory if owing to the special methods of work or otherwise such relaxation or

suspension is practicable without danger to the health or safety of the persons employed.

SCHEDULE VI

Manufacture and treatment of lead and certain compounds of lead

1. Application. ± This Schedule in which 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 is carried on;

(b) the manipulation, treatment or reduction of ashes containing lead, the delivering of lead

or the melting of scrap lead or zinc.

(d) The manufacture of any oxide, carbonate, suplhate, chromate, acetate, nitrate or silicate of

lead;

(e) The handling or mixing of lead tetra-ethyl;

(f) Any other operation involving the sue of a lead compound; and

(g) The cleansing of workrooms where any of the operations aforesaid are carried on.

2. Definitions.- For the purpose of this Schedule ±

(a) ³OHDGFRPSRXQG´PHDQVDQ\FRPSRXQGRIOHDGRWKHUWKDQJDOHQDZKLFKZKHQWUHDWHGLQ

the manner described below, yields to an aqueous solution of hydrochloric acid, a

quantity of soluble lead compound exceeding, when calculated as lead monoxide, five

SHUFHQWRIWKH³GU\ZHLJKW´RIWKHSRUWLRQWDNHQIRUDQDO\VLV,QWKHFDVHRISDLQWVDQG

VLPLODU SURGXFWV DQG RWKHU PL[WXUHV FRQWDLQLQJ RLO RU IDW ³GU\ ZHLJKW´ PHDQV WKH GU\

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 treatments shall be as follows:-

A weighed quantity of the material which has been dried at 100 degree 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 o

stand for one hour and then filtered.

The lead salt contained in the clear filtrate shall then be precipitated as lead

sulphide and weighed as lead sulphate;

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³HIILFLHQW H[KDXVW GUDXJKW´ PHDQV ORFDOLVHG YHQWLODWLRQ DIIHFWHG E\ KHDW RU PHFKDQLFDO

means, for the removal of gas, vapour, dust or fumes so as to prevent them (as far as

practicable under the atmospheric conditions usually prevailing ) from escaping into the

air of any place in which work is carried on. No draught shall be deemed efficient which

fails to remove smoke generated at the point where such gas, vapour, fumes or dust

originate.

3. Prohibition relating to woman and young persons.- No women or young person shall be

employed pr permitted to work in any of the operations specified in paragraph 1.

4. Requirements to be observed. - No person shall be employed or permitted to work in any

process involving the use of lead compound if the process is such that dust or fumes from a lead

compound is produced therein, or the persons employed therein, or the persons employed therein

are liable to be splashed their any lead compound in the course of their employment unless the

provisions of paragraph 5 to 13 are complied with.

5. Exhaust draught. ± (a) Where dust, fume, gas or vapour is produced in the process,

provision shall be made for removing them by means as to operate on the dust, fume, gas or

vapour as closely as possible to the point of origin.

(b) 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.

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

(e) A report containing particulars of such examination and test shall be maintained in Form 34.

6. Food, drinks, etc. prohibited in workroom. ± No food, drink, pan and supari or tabacco

shall be brought into or consumed by any worker in any workroom in which the process is carried

in 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 occupier and such overalls and head coverings shall be worn by

the persons employed.

8. Cleanliness of work-rooms, tools, etc.- The rooms in which the persons are employed and

all tools and apparatus used by them shall be kept in a clean state.

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 fitted with a waste pipe without plug and of

sufficient length to allow at least 60 centimeters for every ten persons

employed at any one time, and having a constant supply of clean water from taps of jets

above the trough at intervals of not mote than 60 centimeters; or

(b) at least one wash-basin for every ten persons employed at any one time, fitted with a

waste pipe and plug and having a constant supply of clean water; together with, in either

case, a sufficient supply of nail brushed, soaps or other suitable cleansing material and

clean towels.

(2). The facilities so provided shall be places under the charge of a responsible person and

shall be kept clean.

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10. Messroom or canteen. ± The occupier shall provide and maintain for the use of the

persons employed suitable and adequate arrangements for taking meals. The arrangements shall

consist of the use of a room separate from any workroom which shall be furnished with sufficient

tables and benches and unless a canteen serving hot meals is provided, adequate means or

warming the food. The room shall be adequately ventilated by the circulation of fresh air, shall be

placed under the charge if a responsible person and shall be kept clean.

11. Cloakroom.- The occupier shall provide and maintain for the use of persons employed,

suitable accommodation for clothing not worm during working hours, and for the drying a wet

clothes.

12. Certificate of fitness.- A person medically examined under paragraph 13 and found fit for

employment shall be granted by the Medical Officer a certificate of fitness in Form 24B and such

certificate shall be in the custody of the manager of the factory. The certificate shall be kept

readily available for inspection by any Inspector and the person granted such a certificate shall

carry with him, while at work, a token giving reference to such certificate.

13. Medical examination.- (1) The person so employed shall be medically examined by the

Medical Officer within 14 days of his first employment in such process and thereafter he shall be

examined by the Medical Officer at intervals of not more than six months, and a record of such

examination shall be entered by the Medical Officer in the special certificate of fitness granted

under paragraph 12.

(2). If at any time in Medical Officer is of opinion that any person is no longer fit for

employment on the grounds that continuance therein would involve special danger to his health,

he shall cancel the special certificate of fitness of that person.

(3). No person whose special certificate of fitness has been cancelled shall be employed

unless the Medical Officer, after re-examination, again certifies him to be fit for employment.

14. Exemption.- Where the Chief Inspector is satisfied that all or any of the provisions of

this Schedule are not necessary for the protection of the persons employed, he may be certificate

in writing exempt any factory from all or any of such provision, subject to such conditions as he

may be specify.

SCHEDULE VII

Generating petrol, gas from petrol

1. Prohibition relating to women and adolescent persons. - No woman or adolescent person

shall be employed or permitted to work in or shall be allowed to enter any building in which the

generation of gas from dangerous petroleum as defined in clause (b) of Section 2 of the Petroleum

Act, 1934, is carried on unless adequate safeguards have been provided in the manner as

prescribed by the Government by written order under rule 61 of these Rules.

2. Flame traps. ± The plant for generation of gas from dangerous petroleum and associated

piping and fittings shall be fitted with at least two efficient flame traps so designed and

maintained as to prevent a flash back from any burner to the plant. One of these traps shall be

fitted as close to the plant as possible. The plant and all pipes and valves shall be installed and

maintained free from leaks.

3. Generating building or room. - All plants for generation of gas from dangerous petroleum

erected after the coming into force of the provisions specified in this schedule, shall be erected

outside the factory building proper in a separate well ventilated building (hereinafter referred to

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DVWKH³JHQHUDWLQJEXLOGLQJ´,QWKHFDVe of such plants erected before the coming into force of

the provisions specified in this Schedule, there shall be no direct communication between the

URRPZKHUH VXFKSODQWV DUH HUHFWHGKHUHLQDIWHU UHIHUUHG WR DV WKH ³JHQHUDWLQJ URRP´DQG WKH

remainder of the factory building. So far as practicable, all such generating rooms shall be

constructed of fire-resisting materials.

Provided that where the Government is satisfied in respect of any factory that the plant for

generating of gas from dangerous petroleum as defined in clause (b) of Section 2 of the Petroleum

Act, 1934, is no account of the special precautions adopted or contrivances used for such plant,

not likely to expose any persons employed in such factory to any serious risk of bodily injury, the

Government may, by notification on the Official Gazette, exempt such factory wholly or partially

from the provisions of this clause for such period and on such conditions as it may specify.

4. Fire extinguishers.- An efficient means of extinguishing petrol fires shall be maintained in

an easily accessible position near the plant for generation of gas from dangerous petroleum.

5. Plant to be approved by Chief Inspector. ± Petrol gas shall not be manufactured except in a

plant for generation petrol gas, the design and construction of which has been approved by the

Chief Inspector.

6. Escape of petrol.- Effective steps shall be taken to prevent petrol from escaping into any

drain or sewer.

7. Prohibition relating to smoking.- No person shall smoke or carry matches, fire or naked

light or other means of producing a naked light or spark in the generation room or building or in

the vicinity thereof and a warning notices in the language understood by the majority of the

workers shall be posted in the factory prohibiting smoking and the carrying of matches, fire or

naked light or other means of producing a naked light or spark into such room or building.

8. Access to petrol or container.- No unauthorized person shall have access to any petrol or

to a vessel containing or having actually contained petrol.

9. Electric fitting.- All electric fittings shall be of flameproof construction and all electric

conductors shall other be enclosed in metal conduits or be lead-sheathed.

10. Construction of doors.- All doors in the generating room or 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 or building.

11. Repair of containers.- No vessel that has contained petrol shall be repairs in a generating

room pr building and no repairs to any such vessel shall be undertaken unless live steam has been

blown into the vessel and until the interior is thoroughly steamed out or other equally effective

steps have been taken to ensure that it has been rendered free from petrol or inflammable vapour.

SCHEDULE VIII

Cleaning or smoothing, roughing, etc, of articles, by a jet of sand, metal shot, or grit, or

other abrasive propelled by a blast of compressed air or steam.

1. Definitions.- For the purposes of this Schedule ±

(a) ³EODVWLQJ´PHDQVFOHDQLQJVPRRWKLQJURXJKLQJRUUHPRYLQJRIDQ\SDUWRIWKHVXUIDFHRI

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.

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(b) ³EODVWLQJHQFORVXUH´PHDQVDFKDPEHUEDUUHOFDELQHWRUDQ\RWKHUHQFORVXUHGHVLJQHGIRU

the performance of blasting therein.

in connection with any work or otherwise; and

(d) ³FOHDQLQJRIFDVWLQJV´ZKHUHGRQHDVDQLQFLGHQWDORUVXSSOHPHQWDOSURFHVVLQFRQQHFWLRQ

with the making of metal castings, means the freeing of the casting from adherent sand or

other substance and includes the removal of cores and the general smoothing of a casting,

but does not include 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:

Provided that this clause shall come into force two years after the coming into operation of these

rules:

Provided further that no woman or adolescent person shall be employed or permitted to work

at any operation of sand blasting unless adequate safeguards have been provided in the manner as

prescribed by the Government by written order under rule 61 of these Rules.

3. Precautions in connection with blasting operations.- (i) Blasting to be done in blasting

enclosure-

Blasting shall not be done expect in blasting enclosure and no work other than blasting and any

work immediately incidental thereto and clearing and repairing of enclosure including the plant

and appliances situated therein, shall be performed in a blasting enclosure. Every door, aperture

and joint of blasting enclosure shall be kept closed and airtight while blasting is being done

therein.

(ii) Maintenance of blasting enclosure-

Blasting enclosure shall always be maintained in good condition and effective measures shall

be taken to prevent dust escaping from such enclosure, and from apparatus connected therewith,

into the air of any room.

(iii) Provision of separating apparatus-

There shall be provided and maintained for and in connection with every blasting enclosure,

efficient apparatus for separating, so far as practicable, abrasive which has been

used again as an abrasive, from dust or particles of other materials arising from blasting; and no

such abrasive shall be introduced into any blasting apparatus and used for blasting until it has

been so separated.

Separating apparatus shall be provided with exhaust draught arrangement to extract and

remove the dust by special methods and in such manner so that it shall not escape into air of any

rooms in which persons are employed.

Provided that this clause shall not supply, 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 opinion that it is not reasonably practicable to provide such

separating apparatus.

(iv) Provision of ventilating plant.-

There shall be provided and maintained in connection with every blasting enclosure efficient

ventilating plant to extract, by exhaust draught effected by mechanical means, dust produced in

the enclosure. The dust extracted and removed shall be disposed of by such method and in such

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manner that it shall not escape into the air of any room, and every other filtering or settling device

situated in a room in which persons are employed, other than persons attending to such bag or

other filtering or setting device, shall be completely separated from the general air of that room in

a enclosure ventilated to the open air.

The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided. Any defect disclosed by such examination and test shall be rectified as soon as

practicable. A report containing particulars of such examination and test shall be maintained in

Form 34.

(v) Operation of ventilating plant-

The ventilating plant provided for the purpose of sub-paragraph (4) shall be kept in

continuous operation whenever the blasting enclosure is in use whether or not

blasting is actually taking place therein and in the case of a blasting chamber, it shall

be in operation even when any person is inside the chamber for the purpose of

cleaning.

4. Inspection and examination.- (1) Every blasting enclosure shall be specially inspected by a

competent person at least once in every week in which it is used for blasting. Every blasting

enclosure, the apparatus connected therewith and the ventilating plant shall be thoroughly

examined and in the case of ventilating plant, tested by a competent person at least once in every

three months.

(2) Particulars of the result of every such inspection, examination or test shall forthwith be

entered in a register which shall be kept in a form approved by the Chief Inspector and shall be

available for inspection by any workman employed 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, manager or other

appropriate person and without prejudice to the foregoing requirements of this Schedule, shall be

removed without available delay.

(3) Every blasting chamber, separating apparatus and ventilating plant shall be thoroughly

inspected at an interval of 6 months for detecting any defect in their efficient oppressions, and the

defects so notices shall be rectified forthwith.

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 a chamber, protective helmets of a type

approved by a certificate of the Chief Inspector; and every such person shall wear the helmet

provided for this use whilst he is in the chamber and shall not remove until he is outside the

chamber.

(2) Each protective helmet shall carry at 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 been thoroughly

disinfected.

(3) Each protective helmet when in use shall be supplied with clean and not unreasonably

cold air at a rate of not less than 170 litres per minute.

(4) Suitable gauntlets, overalls, dust-proof goggles and boots 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 gauntlets, overalls, dust-proof goggles and boots so provided.

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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 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 measure shall be taken to

prevent such inhalation.

(2) In connection with any cleaning operation referred to in paragraph 5, and with the

removal of dust from filtering or settling devices all practicable measures shall be taken to dispose

of the dust in such a manner that it does not enter the air of any room. Vaccum 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 paragraph 5

shall be provided outside and conveniently neat to every blasting enclosure and such

accommodation shall be kept clean. Helmets, gauntlets and overalls when not in actual use shall

be kept in this accommodation.

8. Maintenance and cleaning of protective wear - All helmets, gauntlets, overalls and other

protective devices or clothing provided and worn for the purposes of this schedule, shall be

cleaned on every weekday in which they are used. Where dust arising from the taken to prevent

such protective clothing or devices is likely to be inhaled, all practicable measures shall be taken

to prevent such inhalation. Vaccum 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. Restriction in employment of adolescent persons. ± No woman or adolescent person shall

be employed in blasting or assisting at blasting or in blasting chamber or in the cleaning of any

blasting apparatus or any blasting enclosure or any apparatus or ventilating plant connected

therewith or be employed on maintenance or repair work at such apparatus, enclosure or plant

(2) No woman or adolescent person shall be employed to work regularly within twenty feet

of any blasting enclosure unless the enclosure is in a room and he is outside that room where he is

effective separate from any dust coming from the enclosure.

11. Medical examination. ± (1) Every person employed in blasting or assisting at blasting or

in any blasting chamber or in the cleaning of any blasting apparatus or any blasting enclosure or

any apparatus or ventilating plant connected therewith or be employed on maintenance or repair

work at such apparatus, enclosure or plant, shall be medically examined by the Medical Officer

within thirty days of his first employment, the record of which shall be entered in Form 24, and if

found fit for employment in the said process, he shall be granted by the Medical Officer, a

certificate of fitness in Form 24B.

(2) After the first examination, the person so examined shall be examined by the Medical

Officer at intervals of twelve months and a record of such examinations shall be entered by the

Medical Officer in Form 24.

(3) If at any time the Medical Officer is of the opinion that the person employed in the said

process shall be examined radiological by a qualified radiologist, he may direct the occupier to

arrange for such examination at his cost and then to submit the standard size chest X-Ray plate of

the worker to the Medical Officer.

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(4) If at any time the Medical Officer is of the opinion that any person is no longer fit for

employment on the grounds that continuance therein would involve special danger to health, he

shall cancel the special certificate of fitness in Form No. 26 of that person and record in Form No.

24.

(5) No person whose certificate of fitness in Form No. 24B has been cancelled, shall be

employed or permitted to work unless the Medical Officer, after re-examination, again certifies

him to be fit for employment in the operations.

(6) The register of the certificate of fitness in Form No. 24B granted by the Medical Officer

and the record made in Form No. 24 by him shall be in the custody of the manager of the factory

and shall be kept readily available for inspection by an Inspector.

12. Power to exempt or relax. ± (1) If the Chief Inspector is satisfied that in any factory or

any class of factory, the use of sand or other substance containing free silica as an abrasive in

blasting is necessary for a particular manufacture or process (other than the process incidental or

supplemental to making of metal castings) and that the manufacture or process cannot be carried

on without the use of such abrasive or that owing to the special conditions or special method of

work or otherwise any requirement 0f this Schedule can be suspended either temporarily or

permanently, or can be relaxed without endangering the health of the persons employed or that

application of any such requirements is for any reason impracticable or inappropriate, he may,

with the previous sanction of the State Government, by an order in writing exempt the said

factory or class of factory from such provisions of this Schedule, to such an extent and subject to

such conditions and for such period as may be specified in the said order.

(2) Where an exemption has been granted under sub-paragraph (1) , a copy of the order shall

be displayed at a notice board at a prominent place at the main entrance or entrances to the factory

and also at the place where the blasting is carried on.

SCHEDULE IX

Liming and tanning of raw hides and skins and processes incidental thereto

1. Cautionary notices. ± (1) Cautionary notices as to anthrax in the form specified by the

Chief Inspector-cum-Facilitator shall be affixed in prominent positions in the factory where they

may be easily and conveniently read by the persons employed.

(2) A copy of a warning notice as to anthrax in the form specified by the Chief Inspector-

cum-Facilitator shall be given to each person employed when he is engaged, and subsequently if

still employed, on the first day of each calendar year.

(3) Cautionary notices as to the effects of chrome on the skin shall be affixed in prominent

positions in every factory in which chrome solutions are used and such notices shall be so placed

as to be easily and conveniently read by the persons employed.

(4) Notices shall be affixed in prominent places in the factory stating the position of the first-

aid box or cupboard and the name of the person in charge of such box or cupboard.

(5) If any person employed in the factory is illiterate, effective steps shall be taken to explain

carefully to such illiterate person the contents of the notice specified in sub-paragraphs (1) , (2)

and (4) and if chrome solutions are used in the factory, the contents of the notice specified in sub-

paragraph (3).

2. Protective clothing. ± The occupier shall provide and maintain in good condition the

following articles of protective clothing ±

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(a) waterproof footwear leg coverings, aprons and gloves for persons employed in processes

involving contact with chrome solutions, including the preparation of such solutions;

(b) gloves and boots for persons employed in lime yard; and

handling of hides or skins, other than in processes specified in sub-paragraphs (a) and (b)

Provided that the gloves aprons, leg coverings or boots may be of rubber, or leather, but the

gloves and boots to be provided under sub-paragraphs (a) and (b) shall be of rubber :

Provided further that the gloves may not be provided to persons fleshing by hand or employed in

processes in which there is no risk of contact with lime, sodium sulphide or other caustic liquor.

3. Washing facilities, mess room and cloakroom. ± There shall be provided and maintained

in a clean state and in good repair for the use of all persons employed ±

(a) a trough with a smooth impervious surface fitted with a waste pipe without plug; and of

sufficient length to allow of a least 60 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 60 centimetres; or at least one wash basin for every ten such

persons employed at any one time, fitted with a waste pipe and plug and having a

constant supply of water ; together with, in either case, a sufficient supply of nail brushes,

soap or other suitable cleansing material and clean towels ;

(b) a suitable mess room, adequate for the number remaining on the premises during the

meal intervals, which shall be furnished with sufficient tables and benches and adequate

means for warming food and boiling eater. The mess room shall-

(i) be separate from any other room or shed in which hides or skins are stored, treated

or manipulated;

(ii) be separate from the cloakroom; and

(iii) be placed under the charges of a responsible person; and

accommodation for protective clothing and also adequate arrangements for drying up to

the clothing in both the cases, if wet. The accommodation so provided shall be kept clean

at all times and places under the charge of a responsible person.

4. Food, drinks, etc. prohibited in workrooms.- No food, drinks, pan and supari or tobacco

shall be brought into or consumed by any worker in workroom or shed in which hides or skins are

stored, treated or manipulated.

5. First-aid arrangements.- The occupier shall-

(a) arrange for an inspection of the hands of all persons coming into contact with chrome

solution to be made twice a week by a responsible person and

(b) provided and maintained a sufficient supply of suitable ointment and impermeable

waterproof plaster in boa readily accessible to the worker and used solely for the purpose

of keeping the ointment and paster.

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SCHEDULE X

Printing Presses and Type Foundries and certain lead processes carried therein.

1. Definitions.- For the purposes of this Schedule ±

(a) ³OHDGPDWHULDO´PHDQVPDWHULDOFRQWDLQLQJQRWless than five per cent of lead;

(b) ³/HDGSURFHVV´PHDQV-

(i) the melting of lead or any lead material for casting and mechanical composing;

(ii) the recharging of machines with used lead material;

(iii) any other work including removal of dross from melting pots and cleaning of

plungers; and

(iv) manipulation, movement of other treatment of lead material.

means, for the removal of gas, vapour, dust or fumes so as to prevent them from escaping

into the air of any place in which work is carried on. No draught shall be deemed efficient

which fails to remove gas, vapour, fume or dust at the point where they originate.

2. Exhaust draught.-

(1) None of the following processes shall be carried on except with an efficient exhaust

draught 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 electrically heated and

theremostically controlled melting pots:-

(a) melting lead material or slugs and

(b) heating lead material so that vapour containing lead is given off.

(2) (a) Such exhaust fraught shall be effected by mechanical means and so contrived as to

operate on the dust, fume, gas or vapour given off as closely as may be at its point of origin.

(b) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) A report containing particulars of such examination and test shall be maintained in Form 34.

3. Prohibition relating to women and adolescent persons.- No woman or person below 18

years of age shall be employed or permitted to work in any lead process unless adequate

safeguards have been provided in the manner as prescribed by the Government by written order

under rule 61 of these Rules.

4. Separation of certain processes.- Each of the following processes shall be carried on in

such a manner and under such conditions as to secure effectual separation from one another and

from any other processes:-

(a) melting of lead or any lead material

(b) casting of lead ingots; and

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5. Container for dross. ± A suitable receptacle with tight fitting cover shall be provided and

used for dross as it removed from every melting pot. Such receptacle shall be kept covered while

in the workroom near the machine except when the dross is being deposited therein.

6. Floor of workroom.- The floor of every work-room where lead process is carried on

shall be-

of cement or similar material so as to be smooth and impervious to water.

Maintained in sound condition; and

Shall be cleansed thoroughly daily after being thoroughly damped with water at a time

when no other work is being carried on at the place.

7. Mess room.- There shall be provided and maintained for the use of all persons employed

in a lead process and remaining in the premises during the meal interval, a suitable mess room

which shall be furnished with sufficient tables and benches.

8. Washing facilities.- There shall be provided and maintained in a clean state and in a good

repair for the use of all persons employed in a lead benches.

a wash place with either-

(i) a trough with a smooth impervious surface fitted with a waste pipe without plug,

and of sufficient length to allow at least 60 centimeters for every five such persons

employed at any one time and having a constant supply of water from taps or jets

above the trough at intervals of not more than 60 centimeters.

(ii) at least one wash basin for every five such persons employed at any one time fitted

wits a waste pipe and plug and having an adequate supply of water laid on or always

readily available; and

(b) a sufficient supply of clean towels made of suitable material, renewed daily with a

sufficient supply of soap or other suitable cleansing material.

9. Food, drinks, etc. prohibited in workrooms.- No food, drink, pan and supari or tobacco

shall be consumed or brought by any worker into any workroom in which any lead process is

carried on.

10. Medical examination.-

(1) Every person employed in a lead process shall be examined by the Medical Officer within

14 days of his first employment is such processes and thereafter shall be examined by the Medical

Officer at intervals of not more than 6 months, and a record of such examinations shall be entered

by the Medical Officer in the special certificate of fitness in Form 24B.

(2) A health register containing names of all persons employed in any lead process shall be

kept in Form 24.

(3) No person after suspension shall be employed in a lead process without the written

sanction from the Medical Officer entered in the health register.

11. Exemption.- Where the Chief Inspector is satisfied that all or any of the provisions of this

Schedule are nit necessary for the protection of persons employed, he may by certificate in

writing exempt any factory from all or any of such provision subjects to such conditions as he

may specify therein. Such certificate may at any time be revoked by the Chief Inspector.

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SCHEDULE XI

Manufacture of pottery

1. Savings.- These provisions shall not apply to a factory in which any of the following

articles, but no other 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 a

leadless glaze only.

2. Definitions.- For the purposes of this Schedule ±

(a) ³SRWWHU´ LQFOXGHV HDUWKHQZDUH VWRQHZDUH SRUFHODLQ FKLQD WLOHV DQG DQ\ RWKHU DUWLFOHV

made from such clay or from a mixture containing clay and other materials such as

quartz, flint, feldspar and gypsum;

(b) ³HIILFLHQWH[KDXVWGUDXJKW´PHDQVORFDOLVHGYHQWLODWLRQHIIHFWHGE\PHFKDQLFDORURWKHU

means for removal of dust or fume so as to prevent it from escaping into air of any place

in which work is carried on. No draught shall be deemed efficient which fails to remove

effectively dust or fume generated at the point where dust or fume originates;

other process of cleaning of pottery ware in which dust is given off;

(d) ³OHDGOHVVJOD]H´PHDQVDJOD]HZKLFKGRHVPRWFRQWDLQPRUHWKDQRQHSHUFHQWRILWVGU\

weight, of a lead compound calculated as lead monoxide;

(e) ³ORZ VROXELOLW\ JOD]H´ PHDQV D JOD]H ZKLFK GRHV QRW \LHOG WR GLOXte hydrochloric acid

more than five per cent of its fry weight, of a soluble lead compound calculated as lead

monoxide when determined in the manner described below:

A weight quantity of the material which has been fried at 100 degrees centigrade and

thoroughly mixed shall be continuously shaken for one hour at the common temperature with

1000 times 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

filtered. The lead salt contained in then clear filtrate shall then be precipitated as lead sulphide and

weighed as lead sulphate;

(f) ³JURXQGRUSRZGHUHGIOLQWRUTXDUW]´GRHVQRWLQFOXGHQDWXUDOVDQGV¶DQG

(g) ³SRWWHU¶VVKRS´LQFOXdes all places where pottery is formed by pressing or by any other

process and all places where shaping, felting or other treatment of pottery articles prior to

placing for the biscuit fir is carried on.

3. Efficient exhaust draught.- (1) The following processed shall not be carried on without the

use of an efficient exhaust draught:-

(a) all processes involving the manipulation or use of a dry and unfretted lead compound;

(b) fettling operations of any kind, whether on green ware or biscuit, provided that this shall

not apply to the wet fettling and to the occasional finishing of pottery articles without the

aid of mechanical power;

except where-

(i) this is done in a machine so enclosed as to effectual prevent the escape of dust; or

(ii) the material to be shifted is so damp that no dust can be given off;

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(d) pressing of tiles from clay dust, an exhaust opening being connected with each press, and

pressing from clay dust of articles other than tiles, unless the material is so damped that

no dust is given off;

(e) fettling of tiles made from clay dust by pressure, except where the fettling is dome wholly

on, or with, damp materiel, and fettling or other articles made from clay dust, unless the

material is so damp that no dust is given off;

(f) process of loading and unloading of saggars where handling and manipulation of ground

powdered flint, quartz, alumina or other material involved.

brushing of earthenware biscuit, unless the process is carried on in a room provided with

efficient general mechanical ventilation or other ventilation which is certified by the

Inspector of Factories as adequate having regard to all the circumstances of the case;

(h) fettling of biscuit wear which has been fixed n powdered flint or quartz except where this

is done in machines so enclosed as to effectually prevent the escape of dust;

(i) where cleaning after the application of glaze is done by dipping or other process;

(j) crushing and dry grinding of materials for pottery bodies and saggars, unless carried on in

machines so enclosed as to effectively prevent the escape of dust or is so damp that no

dust can be given off;

(k) sieving or manipulation of powdered flint, quartz, clay grog or mixture of these materials

unless it is so damp that no dust can be given off;

(l) grinding of tiles on a power driven wheel unless an efficient water spray is used on the

wheel;

(m) lifting and conveying of materials by elevators and conveyers unless they are effectively

enclosed and so arranged as to prevent escape of dust into the air in or near to any place

in which persons are employed.

(n) Preparation or weighing out of low material lawning of dry colour dusting and colour

blowing;

(o) mould making unless the bins or similar receptacles used for holding plaster of pairs are

provided with suitable covers; and

(p) Manipulation of calcined material unless the material has been made and remains so wet

that no dust is given off.

(2) (a) The exhaust draught appliance shall be so constructed, arranged and maintained as to

prevent the dust entering into any room or place in which work is carried on.

(b) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) A report containing particulars of such examination and test shall be maintained in Form 34.

4. Separation of processes.- Each of the following processes shall be carried on in such a

manner and under such conditions as to secure effectual separation from one another, and from

other wet processes:-

(a) crushing and dry grinding or sieving of materials, fettling, pressing of tiles, drying of clay

and green ware, loading and unloading of saggars; and

(b) all processes involving the use of a dry lead compound.

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5. Prohibition on use of glaze. ± No glaze which is not a leadless glaze of a low solubility

glaze shall be used in a factory in which pottery is manufactured.

6. Prohibition relating to women and adolescent persons.- No women or person below 18

years shall be employed or permitted to work in any of the operations specified in paragraph 4, or

at any place where such operations are carried on unless adequate safeguards have been provided

in the manner as prescribed by the Government by written order under rule 61 of these Rules.

7. 3URYLVLRQ RI VFUHHQ WR SRWWHU¶V ZKHHO.- 7KH SRWWHU¶V ZKHHO -ROO\ DQG -LJJHU VKDOO EH

provided with screens or so constructed as to prevent clay scrapings being thrown off beyond the

wheel

8. Controls of dust during cleaning.- (1) All practical measures shall be taken by damping or

otherwise to prevent dust arising during cleaning of floors.

(2) Damp saw-dust or other suitable materials shall be used to render the moist method

effective in preventing dust rising into the air during the cleaning process which shall be carried

out after work has ceased.

9. Floor of certain workrooms.- 7KHIORRUVRISRWWHU¶VVKRSVVOLSKRXVHVGLSSLQJKRXVHVDQG

ware cleaning rooms shall be hard, smooth and impervious and shall be thoroughly cleaned daily

by an adult male using a most method.

10. Protective equipment.- (1)

The occupier shall provide and maintain suitable overalls

and head coverings for all persons employed in process included under paragraph 3.

(2) The occupier shall provide and maintain suitable aprons of a waterproof or similar

material, which can be sponged daily for the use of the dippers, dippers assistants, throwers, jolly

workers, casters mould makers and filter press and plug mill workers.

(3) Aprons provided in pursuance of paragraph 10(2) shall be thoroughly cleaned daily by

the wearers by sponging or other wet process. All overalls and heads coverings shall be washed,

cleaned and mended at least once a week, and this washing, cleaning or mending shall be

provided for by the occupiers.

(4) No person shall be allowed to work in emptying sacks of dusty material, weighing out

and mixing of dusty materials and charging of ball mills and plungers without wearing a suitable

and efficient dust respirator.

11. Washing facilities.- (1) The occupier shall provide and maintain, in a clean state and in

good repair for the use of all persons employed in any of the processes specified in paragraph 3-

(a) a washing place under cover with either-

(i) a trough with smooth impervious surface fitted with a waste pipe without plug, and

of sufficient length to allow at least 60 centimeters for every five such persons

employed at the one time, and having a constant supply of clean water from taps pr

jets above the trough at intervals of not more than 60 centimeters; or

(ii) at least one tap or stand pipe for every five such persons employed at any one time,

and having a constant supply of clean water, the tap or stand pipe being spaced not

less than 120 centimeters apart; and

(b) a sufficient supply of clean towels made of suitable material changed daily, with

sufficient supply of nail brushes and soap.

12. Time allowed for washing. ± %HIRUHHDFKPHDODQGEHIRUHWKHHQGRIWKHGD\¶VZRUNDW

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least ten minutes, in addition to the regular meal times, shall be allowed for washing to each

person employed in any of the processes mentioned in paragraph 3.

13. Messroom. ± There shall be provided and maintained for use of all persons remaining

within the premises during the rest intervals, a suitable messroom providing accommodation of

0.93 square metres per head and furnished with ±

(a) a sufficient number of tables and chairs or benches with back rest;

(b) arrangements for washing utensils;

(d) 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 workrooms. ± No food, drink, pan and supari or tobacco

shall be brought into or consumed by any worked in any workroom in which any of the processes

mentioned in paragraph 3 are carried on and no person shall remain in any such room during

intervals for meals and rest.

15. Cloakroom, etc. ± There shall be provided and maintained for the use of all persons

employed in any of the processes mentioned in paragraph 3 ±

(a) a cloakroom for clothing put off during working hours and such accommodation shall

be separate from any messroom; and

(b) separate and suitable arrangement for the storage of protective equipment provided

under paragraph 10.

16. Medical examination. ± 1) All persons employed in any process included under

paragraph 3 shall be examined by the Medical Officer within 7 days preceding or following the

date of their first employment in such process; thereafter all persons employed in any process

included under sub-paragraphs 3 (I) and (xiv) shall be examined by the Medical Officer once in

every six months, and those employed in any process included in sub-paragraphs (ii) to (xii) (xv)

and (xvi) of paragraphs 3 once in every 12 months by the Medical Officer. Records of such

examinations shall be entered by the Medical Officer in the health register and certificate of

fitness granted to him under paragraph 17.

(2) If at any time the Medical Officer is of opinion that any person employed in any process

included in paragraph 3 is no longer fit for employment on the ground that continuance therein

would involve danger to his health, he shall cancel the certificate to fitness granted to that person.

(3) No person whose certificate of fitness has been cancelled shall be re-employed unless the

Medical Officer after re-examination, again certifies him to be fit for employment.

17. Certificate of fitness. ± A person medically examined under paragraph 16 and found fit

for employment shall be granted by the Medical Officer a certificate of fitness in Form 24B and

such certificate shall be in the custody of the manager of the factory. The certificate shall be kept

readily available for inspection by any Inspector and the person granted such a certificate shall

carry with him while at work a token giving reference to such certificate.

18. Exemption. ± If in respect of any factory the Chief Inspector-cum-Facilitator is satisfied

that all or any of the provisions of this Schedule are not necessary for the protection of the

persons employed in such factory, he may by a certificate in writing exempt such factory from all

or any of such provisions, subject to such conditions as he may specify therein. Such certificate

may at any time be revoked by the Chief Inspector-cum-Facilitator without assigning any reasons.

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SCHEDULE XII

Chemical works

1. Application. ± This Schedule shall apply to all manufactures and processes incidental

thereto carried on in chemical works.

2. Definitions, - For the purposes of this Schedule ±

(a) ³FKHPLFDO ZRUNV´ PHDQV DQ\ IDFWRU\ RU VXFK SDUWV RI DQ\ IDFWRU\ DV DUH QDPHG LQ

appendix A to this Schedule;

(b) ³EUHDWKLQJ DSSDUDWXV´ PHDQV , D KHOPHW RU IDFHSLHFH ZLWK QHFHVVDU\ FRQQHFWLRQV E\

means of which a person using it in a poisonous, asphyxiating or irritant atmosphere

breathes ordinary air, or (ii) any other suitable apparatus approved in writing by the Chief

Inspector;

fastened round the body, with a suitable length of rope attached to it, each of which is

sufficiently strong to sustain the weight of a man;

(d) :efficient e[KDXVWGUDXJKW´PHDQVORFDOLVHGYHQWLODWLRQHIIHFWHGE\PHFKDQLFDORURWKHU

means for the removal of gas, vapour, fume or dust to prevent it from escaping into the

air if any place in which work is carried on ;

(e) ³VXVSHQVLRQ´PHDQVVXVSHQVLRQE\ZULWWHQcertificate in the health register, signed by the

surgeon, from employment in any process mentioned in the certificate;

(f) ³EOHDFKLQJSRZGHU´PHDQVWKHEOHDFKLQJSRZGHUFRPPRQO\FDOOHGFKORULGHRIOLPH

(g) ³FKORUDWH´PHDQVFKORUDWHRUSHUFKORUDWH

(h) ³FDXVWLF´PHDQVK\GUR[LGHRISRWDVVLXPRUVRGLXP

(i) ³FDXVWLF SRW´ PHDQV D PHWDO SRW IL[HG RYHU D IXUQDFH RU IOXH DQG VXUURXQGHG E\

brickwork, such as is commonly used for concentrating caustic liquor, whether such pot

be used for concentrating or boiling caustic or other liquor;

(j) ³FKURPH SURFHVV´ PHDQV WKH PDQXIDFWXUH RI FKURPDWH RU ELFKURPDWH RI SRWDVVLXP RU

sodium, or the manipulation, movement or other treatment of these substances in

connection with their manufacture; and

(k) ³QLWURRUDPLGRSURFHVV´PHDQVWKHPDQXIDFWXUHRIQLWURRUDPLGRGHULYDWLYHVRISKHQRO

and of benzene or its homologues, and the making of explosive with the use of any of

these substances.

PART I

Applying to all the workers in Appendix A

A ± GENERAL

3. Housekeeping . ± (1) Every part of the path-ways, works, machinery and plant shall be

maintained in a clean and tidy condition.

(2) Any spillage of materials shall be cleaned up without delay.

(3) Floors, platforms, stairways, passages and gangways shall be kept free of temporary

obstructions.

(4) There shall be provided easy means of access to all parts of the plant to facilitate

cleaning, maintenance and repairs thereof.

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4. Improper use of chemicals. ± (1) No chemicals or solvents shall be used by workers for

any purposes apart from the processes for which they are supplied.

(2) Workers shall be instructed on the possible dangers arising from such misuse. These

instructions shall further be displayed in bold letters in prominent places in the different sections.

5. Storage of food. ± No food, drink tobacco, pan or similar article shall be stored or

consumed on or near any part of the plant.

6. Testing of materials. ± Workers shall be instructed on the possible dangers arising from

the testing of materials, or of the use for drinking purposes of any vessel used in or in connection

with, the manufacture of chemicals. These instructions shall further be displayed in bold letters in

prominent places in the different sections of the factory or plant.

7. Process hazards. ± (1) Before commencing any large scale experimental work, or any new

manufacture, all possible steps shall be taken to ascertain definitely all the hazards involved both

from the actual operations and the chemical reactions thereunder. The properties of the raw

materials used, the final products to be made, and any by-products arising during manufacture,

shall be carefully studied and provisions shall be made for dealing with any hazards including

effects on workers, which may arise during manufacture. Where necessary, advice shall be

obtained from the Chief Inspector of factories on measures to be taken in this regard.

(2) Information in writing giving details of the process, its hazards and the steps taken or

proposed to be taken for the safety of workers as in (1) above shall be sent to the Chief Inspector

before commencing manufacture, handling or storage of any of the items covered under Appendix

A, whether on experimental, pilot plant or large scale basis.

(3) The design of the buildings and plant shall be based on the information as obtained as in

(1) above.

8. Unauthorized personnel.- (1) Unauthorized persons shall not be permitted to enter any

section of the factory or plant where there are special dangers.

(2) Visitors shall be provided, where necessary with suitable safety equipment and shall be

accompanied round dangerous plant by a responsible official.

9. Instruments.- All instruments such as pressure gauges, thermometers, flow meters and

weighing machines shall be tested at regular intervals by a competent person and records of these

tests shall be kept in a register.

10. Cocks and valves.- Suitable valves shall be provided in all service lines at sufficiently

short intervals for convenience in blanking off, etc. All cocks and valves shall be operated at least

once a month and tested periodically by a competent person, and records of these tests shall be

kept in register. A plan of all service installations shall be kept readily available for perusal.

11. Manholes.- No manhole shall be opened for entry until effective fencing has been erected

around it.

12. Emergency instructions.- Simple and special instructions shall be framed to ensure that

effective measures will be carried out in cases of emergency, to deal with escape of inflammable,

poisonous or deleterious gases, vapours, liquids or dusts. These in prominent places in the

different sections. All workers shall be trained and instructed as to what action to be taken in such

emergencies and to avoid general hazards of their employment.

13. Protection of reaction mixtures.- Suitable arrangements shall be made to ensure that no

foreign matter of any sort can fall into reaction mixtures.

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14. Electrical apparatus.- Electrical plant, fittings and conductors shall, if exposed to a damp

or corrosive atmosphere, be adequately protected. Periodic tests shall be carried out on all circuits.

15. Place of work.- (1)

Workers shall only be allowed in those places in which they have

been given orders to work.

(2) In dangerous sections of a factory, the number of workers shall be kept to a minimum

compatible with the need of the process.

16. Packing, storage and transport of chemicals.- Chemicals shall be packed and stored in

containers suitable for the purpose and of adequate strength for storage or transport. All such

containers shall be suitably labelled so that they will be lebelled so that they will be stored and

transported in such a manner as to ensure that, in the event of spillage, they will neither produce a

reacting mixture, nor cause the development of toxic or fire risks in contact with other products in

its vicinity, or with walls, floors or dust thereon.

B-FIRE EXPLOSION RISKS

17. Requirement regarding location of site, buildings etc.- (1) Buildings and plant shall be

sited with due regards to the dangers which may arise from the processes involved and in

particular shall be spaced at distances which are deemed safe from the fire and explosive risks

connected with the processes in adjacent buildings. Due consideration shall be given to the effect

of any processes carried out in adjacent factories.

(2) Where special dangers exist, separate buildings shall be used for the different parts of a

process. They shall be spaced at sufficient distances apart and shielded to prevent damage to each

other in the event of fire or explosion, and shall be safeguarded by the provision of suitable blow-

out panels or roofs. Where the risk of fire or explosion is considerable, the building shall be

divided by blast or protective screen walls.

(3) No combustible materials shall be used in the erection of working buildings, unless there

are special reasons necessitating their use, when they shall be rendered fire-resistant. The roof

shall be of light fire-resistant construction and floors shall be of impervious fire-resistant material

and shall be regularly maintained in such condition.

18. Dangers of ignition (including lighting installations).- (1) No internal combustion engine

and no electric motor or other electrical equipment, and fittings and fixtures capable of generating

sparks or otherwise causing combustion shall be installed or used in a building or danger zone.

Electrical conductors shall be fitted with screwed steel conduits.

(2) All hot exhaust pipes shall be installed outside a building and other pipes shall be suitably

protected.

(3) Portable electric hand lamps shall not be used unless of an intrinsically safe type, and

portable electric tools connected by flexible wires shall not be used, unless of the flame-proof

type.

(4) Where an inflammable atmosphere may occur, the soles of footwear worn by workers

shall have no metal on them and wheels of trucks or conveyors shall be of conducting, non-

sparking materials. Adequate precautions shall be taken to prevent the ignition of explosive or

inflammable substances by sparks emitted from locomotives or other vehicles operated in the

factory on public lines.

(5) No electric arc lamp, or naked light, fixed or portable shall be used, and on person shall

have in his possession any match or any apparatus of any kind for producing a naked light or

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spark in or on, or about any part of the factory where there is liability to fire or explosion from

inflammable gas, vapour or dust, and all incandescent electric lights in such parts shall be in

double air tight covers.

(6) Prominent notices in the language understood by the majority of the workers and that can

be read by day and by night, prohibiting smoking, the use of naked lights, and the carrying of

matches or any apparatus of any kind for producing a naked light or spark, shall be affixed at the

entrance of every room or place, where there is risk of ire or explosion from inflammable gas,

vapour or dust. In the case of illiterate workers the contents of the notices shall be fully and

carefully explained to them when they commence work they have completed one week at the

factory.

(7) A sufficient supply of spades, scrapers and pails made from non-sparking material shall

be provided for the use of persons employed in cleaning out or removing residues from any

chamber, still, tank or other vessel where an inflammable or explosive danger may occur.

(Note:- The risk is not always obvious and may arise, for example, through the production of

hydrogen in acid tanks.)

19. Static electricity.- (1) All machinery and plant, particularly, pipe lines and belt drives, on

which static electricity is likely to accumulate, shall be effectively earthed. Receptacles for

inflammable liquids shall have metallic connections to the liquids shall have metallic connections

to the earthed supply tanks to prevent static sparking. Where necessary, humidity shall be

controlled.

(2) Mobile tank wagons shall be earthed during filling and discharge, and precautions shall

be taken to ensure that earthing is effective before such filling or discharge takes place.

20. Lightning protection.- Lightning protection apparatus shall be fitted where necessary, and

shall be maintained in good conditions.

21. Process heating.- The method of providing hat for a process shall be as safe as possible

and where the use of naked flame is necessary, the plant shall be so constructed as to prevent any

escaping of inflammable gas, vapour or dust coming into contact with the flame or exhaust gases

or other agency likely to cause ignition. So far as practicable, the hearing medium shall be

automatically controlled at a predetermined temperature below the danger temperature.

22. Escape of materials.- (1)

Provision shall be made in all plants, sewers, drains, flues,

ducts, culverts and buried pipes to prevent the escape and spread of any liquid, gas, vapour, fume

or dust likely to give rise to fire or explosion , both during normal working hours and in the event

of accident or emergency.

(2) If escape occurs, such substances shall be removed expeditiously and efficiently at the

point of liberation. The effluent shall be trapped and tendered safe outside the danger area.

23. Leakage of inflammable liquids.- (1) Provision shall be made to confine by means of

bund walls, sumps, etc. all possible leakage from vessels containing inflammable liquids.

(2) Adequate and suitable fixed fire-fighting appliances shall be installed in the vicinity of

such vessels.

24. Cleaning of empty containers, etc.- (1) All empty containers which have held

inflammable liquids, and metal containers which have held sulphuric acid shall be rendered

permanently safe as soon as practicable, and shall not be repaired or destroyed until such cleaning

has been completed.

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(2) Combustible and inflammable materials shall not be stored in close proximity to

chemicals which are liable to cause ignition.

(3) Rubbish shall be removed from buildings without delay and places in special metal

containers provided with close fitting lids. The contents shall be removed daily and suitably dealt

with. Waste product containing inflammable or explosive materials shall not be places on rubbish

heaps but shall be destroyed in an appropriate manner.

25. Installing of pipe lines for inflammable liquids.- All pipe lines for the protected from

breakage, shall be arranged so that there is no risk of mechanical damage from vehicles and shall

be so laid that they drain thoroughly without the collection of deposits at any part. All flagged

joints, bends and other connections shall be regularly inspected. Cocks and valves shall be so

constructed that explosive residues cannot collect therein. The open and closed positions of all

cocks and valves shall be clearly indicated on the outside.

26. Packing of reaction vessels.- Packing and joint materials for reaction vessels (including

covers, manhole covers, and exhaust pipes) and pipe lines and also the high or low temperature

insulating materials shall not contain such materials which are combustible or which react with

the products of the plant.

27. 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 to pressure gauge, and a proper safety

valve or other equally efficient means to relieve the pressure and it shall be maintained in good

condition. Nothing in this paragraph shall apply to metal bottles or cylinders used for the transport

of compressed gases.

28. Vigorous or delayed reactions.- Suitable provision, such as automatic and distant control

shall be made for controlling the effects of unduly vigorous or delay reactions. Automatic

flooding or blanketing shall be provided in the event of an accident.

29. Examination, testing and repair of plant.- Examination, testing and repair of plant parts

which have been in contact with explosive and inflammable material, or which is under pressure

shall only be carried out under proper supervision.

30. Alarm systems.- (1) Gravity or pressure feed systems for supplying inflammable

materials to the various parts of the buildings or plant shall be fitted with alarm systems,

automatic cutoffs or other devices to prevent over-charging or otherwise endangering of the plant.

(2) The amount of inflammable material taken into a building in bulk containers at any one

time shall be kept as low as practicable.

(3) Adequate steps shall be taken to prevent the escape of inflammable and explosive

vapours from any container into the atmosphere of any building.

C-GAS, VAPOUR, FUME OR DUST RISKS

31. Escape of gases etc,- Effective steps shall be taken to prevent the escape of dangerous

gases, vapours, fumes or dust from any part of the plant, by the total enclosure of the process

involved in air tight chamber or by the provisions of efficient exhaust draught. Effective

arrangements shall be made to ensure that in the event of failure of the control measure provided

as above the process shall stop immediately and the dangerous gases, vapours, fumes or dust

which have escaped are trapped and rendered safe.

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32. Danger due to effluents.- (1) Adequate precautions shall be taken to prevent the mixing

of effluents which may cause dangerous or poisonous gases to be evolved.

(2) Effluents which may contain or give rise in the presence of other effluents, to such gases

shall be provided with independent drainage systems to ensure that they may be trapped and

rendered safe.

33. Staging.- (1) Staging shall not be erected over any open vessel is so constructed and

ventilated to prevent the emission of vapours of fumes about such staging.

(2) Where such staging is provided to give access to higher levels in large plants, effective

means shall be provided at all levels with direct means of access to the outside of the room or

building and thence to ground level.

(3) Such staging shall be fitted with suitable handrails and to boards and the floors and

staging shall be impervious and easily cleaned.

34. Instructions as regards risk.- Before commencing work, every worker shall be fully

instructed about the properties of the materials they have to handle, and of the dangers arising

from any gas, fume, vapour or dust which may be evolved during the process. Workers shall also

be instructed of the measures to be adopted to deal with such an escape of dangerous gas, fume,

vapour or dust in the event of emergency.

35. Breathing apparatus.- (1)

There shall be provided in every factory where dangerous

gas or fume is liable to escape a sufficient supply of-

(a) breathing apparatus of an approved make for the hazards involved.

(b) Oxygen and suitable means of its administration; and

(2) The breathing apparatus and other appliances required by this paragraph shall

(a) be maintained in good order and kept in an ambulance room or in some other place

approved in writing by the Chief Inspector; and

(b) be thoroughly inspected once every month by a competent person appointed in writing by

the occupier and a record of their conditions shall be entered in a book provided for that

purpose which shall be produced when required by an Inspector.

(3) Workers shall be trained and given a periodic refresher course, in the use if breathing

apparatus and respirators.

(4) Respirators shall be kept properly labelled in clean dry lightproof cabinets, and if liable to

be affected by fumes, shall be protected by suitable containers. Respirators shall be fried and

cleaned after use and shall be periodically disinfected.

36. Treatment of persons.- In every room or place so specified in writing by the Chief

Inspector, there shall be affixed the official cautionary notice regarding dangerous gases and

burns. Such notices shall be legible by day and by night and shall be printed in the language

understood by the majority of the workers.

37. Personal protective equipment.- (1) Suitable protective clothing shall be provided for the

use of operators.

(a) When operating on valves or cocks controlling fluids which by their nature, pressure or

temperature would be highly dangerous if a blowout were to occur or when cleaning

chokes in systems containing such fluids, if pressure is likely to exist behind the chokes.

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(b) When there is danger of injury by absorption of corrosive substance through skin during

the performance of normal duties or in the event of emergency.

operators.

(2) There shall be provided for the use of all persons employed in the process specified in

appendix B an adequate supply of suitable protective equipment including gloves, overalls and

protective footwear and of goggles and respirators. Respirators shall be of a type approved in

writing by the Chief Inspector.

(3) Protective equipment shall be provided and stored in the appropriate place for use during

abnormal conditions or in an emergency.

(4) Arrangements shall be made for the proper and efficient cleaning of all such protective

equipment.

38. Cloakrooms.- There shall be provided and maintained for the use of all persons employed

in the process specified in appendix B, a suitable cloakroom for clothing put off during work

hours and a suitable place separate from the cloakroom, 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.

39. Special bathing facilities.- (1) There shall be provided for the use of all persons employed

in the processes specified in the appendix C, separate sanitary convinces and sufficient and

suitable bathing facilities, as approved by the Chief Inspector.

(2) A bath register shall be kept containing the names of all persons employed in these

processes and an entry of the date on which each person takes a bath.

40. Entry into vessels.- (1) Before any person enters, for any purpose except that of rescue,

an absorber, boiler culvert, drain, flue, gas purifier, sewer, still, tank, vitriol chamber or other

place where there is reason to apprehend the presence of dangerous gas or fumes, a responsible

person appointed in writing by the occupier for this purpose, shall personally examine such place

and shall certify in writing in a book kept for the purpose either that such place is isolated from

every source of such gas or fume and is free from danger, or that it is not to be so isolated and

sealed and free from danger. No person shall entry any such place which is certified not to be so

isolated and sealed and free from danger unless he is wearing a breathing apparatus, and (where

there are no cross stays or obstructions likely to cause entanglement) a lifebelt, the free end of the

rope attached to which shall be to left with man outside whose sole duty shall be to keep watch

and to draw out wearer if he appears to be affected by gas or fume. The belt and rope shall be so

adjusted and worn that the wearer can be drawn up head foremost through any manhole or

opening.

(2) A person entering for the purpose of rescue into any such place for which a clearance

certificate has not been issued shall wear a breathing apparatus and a life-belt in the manner

specified in sub-paragraph (1) above.

41. Examination and repair of plant.- Where poisonous materials are likely to be present the

examination and repair of plant and piping shall only be done under he supervision of a

competent person, and after the plant and piping has been thoroughly cleaned and ventilated.

When opening vessels and breaking joints in pipe lines, respirators, goggles and protective

clothing shall be worn to the extent required by the competent person.

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42. Storage of acid carboys,- Carboys contained nitULFDFLGRU³PL[HG´DFLGVKDOOEHVWRUHGLQ

open-sided sheds detached from other buildings, and places on a flooring of standstone, bricks or

other suitable inorganic materials. A passage way shall be provided and kept free from

obstruction between every four rows of such carboys. An ample supply of water shall be available

for washing away split acid and all precautions shall be taken to prevent workers being exposed to

fumes.

43. Buildings.- All buildings and plant shall be sited with due regard to possible dangers from

accidental liberation or splashing of corrosive and deleterious liquids, and shall be so designed as

to facilitate thorough washing and cleaning. The construction of staging and other parts of

buildings shall be carried out with material impervious and resistant to corrosion so far as

practicable.

44. Leakage.- (1) All plants shall be so designed and constructed as to obviate the escape of

corrosive liquid. 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 localise any

escape of liquid.

(2) Catch pits, bund walls or other suitable precautions shall be provided to restrict the

serious effects of such leakages. Catch pits shall be places below joints in pipelines to prevent

danger to workers from such leakage.

(3) Passages and work stations shall not be situated directly below any part of plant where

corrosive or deleterious substances and means shall be provided for rendering safe any such

escaped corrosive or deleterious substances.

45. Precautions against escape.- Adequate precautions shall be taken to prevent the escape

of corrosive or deleterious substances and means shall be provided for rendering safe any such

escaped corrosive or deleterious substances.

46. Drainage.- Adequate drainage shall be provided and shall lead to special treatment tanks

where deleterious materials shall be neutralised or otherwise rendered safe before it is discharged

into ordinary drains or sewers.

47. Covering of vessels.- (1) Every fixed vessel or structure containing any dangerous

material, and not so covered as to eliminate all reasonable risk of accidental immersion in it of

any portion of the body of a worker, shall be so constructed that there is no foothold on the top or

the sides.

(2) Such vessels shall, unless its edge is at last 90 centimeters above the adjoining ground or

platform, be securely fended to a height of at least 90 centimeters above such adjoining ground or

platform.

(3) No plank or gangway shall be places across or inside any such vessel, unless such plank

or gangway is at least 45 centimeters wide, and is securely fenced on both sides by rails spaced at

22.5 centimeters apart to a height of at least 90 centimeters or by other equally efficient means.

(4) 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 barriers shall be so places 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 filling.

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48. Ventilation.- Adequate ventilation shall be provided and maintained at all times in rooms

or buildings where dangerous gas, vapour, fume or dust may be evolved.

49. Means of escape.- Adequate ventilation means of escape from rooms or buildings in the event

of a leakage of corrosive liquid shall be provided and maintained.

50. Treatment of personnel.- (1) In all places where strong acid or any other dangerous

corrosive liquids are uses, there shall be provided for use in an emergency.-

(a) adequate and readily accessible means of drenching with cold water the persons and the

clothing of persons, who have been splashed with such liquid;

(b) adequate special arrangements to deal with any person who has been splashed with

poisonous material that can be absorbed through the skin; and

kept in boxes or cupboard conveniently situated and clearly indicated by a distinctive sign

which shall be visible at all times.

(2) Except where the manipulation of such corrosive liquids is carried on as to prevent risk of

personal injury from splashing or otherwise, there shall be provided for those who have to

manipulate such liquid sufficient and suitable goggles and gloves or other suitable protection for

the eyes and hands. If gloves are provided they shall be collected, examined, and cleansed at the

FORVHRIWKHGD\¶VZRUNDQGVKDOOEHUHSDLUHGRUUHQHZHGZKHQQHFHVVDU\

51. Maintenance. ± (1) Before any examination or repairs are carried out on plant or pipe

lines, a competent person shall issue a clearance certificate permitting such examination or

repairs.

(2) Adequate precautions shall be taken to liberate any pockets of gas or liquid which may

have been formed in pipe lines, and which may cause corrosive spray at the point where

dismantling takes place.

52. Washing facilities.- (1) There shall be provided and maintained in every factory for the use of

employed persons adequate and suitable facilities for washing which shall include soap and nail

brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and

shall be kept in a clean and orderly condition.

(2) If female workers are employed separate washing facilities shall be provided and so

enclosed or screened that the interiors are not visible from any place where persons of the other

VH[ ZRUN RI SDVV 7KH HQWUDQFH WR VXFK IDFLOLWLHV VKDOO EHDU FRQVSLFXRXV QRWLFH ³)RU :RPHQ

2QO\´ LQ WKH ODQJXDJH understood by the majority of the workers and shall also be indicated

pictorially.

53. Messroom facilities.- In every factory there shall be provided and maintained for the use

of those remaining on the premises during the rest intervals, suitable and adequate messroom or

canteen accommodation which shall be furnished with sufficient tables and chairs or benches with

backrest and where sufficient drinking water is available.

54. Ambulance room.- (1) In every factory in which more than 250 persons are employed on

the processes to which this Schedule applies, there shall be provided and maintained in good

order an ambulance room.

(2) The ambulance room shall be a separate room used only for the purpose of treatment and

rest. It shall have a floor space of not less than 9 square meters and smooth, hard and impervious

walls and floor, and shall be provided with ample means of natural and artificial lighting. It shall

contain all the items shown in appendix D.

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(3) Where persons of both sexes are employed arrangement shall be made at the ambulance

room for their separate treatment.

(4) The ambulance room shall be places under the charge of a qualified nurse or other person

trained in first-aid, who shall always be readily available during working hours, and shall keep a

record of all cases of accidents or sickness treated in the room.

55. Ambulance van.- In every factory there shall be provided and maintained in good

condition a suitably constructed ambulance van for the purpose or removal of serious cases of

accident or sickness, unless arrangements have been made with a hospital or other place in

telephonic communication with the factory for obtaining such a carriage immediately when

required.

56. Medical personnel.- There shall be a whole time medical officer in every factory

employing 250 person or more.

57. Medical examination.- (1) Workers engaged in the manufacture, processing, formulation

or use of the following shall be examined in every six months by the Medical Officer and records

maintained.-

(a) hexaethyl tetraphophate

(b) tetra ethyl pyrophoshate;

(d) Nicotine and nicotine suplhate

(e) Mercury derivates;

(f) Methyl bromide;

(g) Cyanides

(h) Arsenical derivatives;

(i) Chrome process compounds; and

(j) Nitro or amido process compounds.

(2) A health register containing the names of all persons employed in the process shall be

kept in a form approved by the Chief Inspector-cum-Facilitator.

(3) No new person shall be employed for more than 14 days without a certificate of fitness

granted after examination by the Medical Officer, who shall make an entry duly signed in the

health register.

(4) Every person so employed shall present himself at the appointment for examination by

the Medical Officer as provided in sub-paragraph (3)

(5) The Medical Officer shall have the power to suspend any person employed if he has

reason to believe that continuance of such person in such employment shall be dangerous to his

health and no person after such suspension shall be employed without written sanction from the

Medical Officer and entry to that effect in the health register.

58. Duties of workers. ± (1) Every person employed shall ±

(a) report to his foreman any defect in any fencing, breathing apparatus, appliance or other

requisite provided in pursuance of this Schedule, as soon as he becomes aware of such

defect;

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(b) use the articles, appliances or accommodation required by this Schedule for the purpose

for which they are provided;

(2) Every person employed-

(a) in a process to which paragraph 37 applies shall wear the protective clothing, footwear,

respirators, goggles or gloves provided under paragraph 37 and shall deposit overalls or

suits or working clothing so provided, as well as clothing put off during working hours, in

the places provided under paragraph 38;

(b) in processes to which paragraph 39 applies, shall carefully wash the hands and face

before partaking of any food or leaving the premises; and

appliances supplied in respect of any process in which he is engaged.

(3) No person shall ±

(a) remove any fencing provided in pursuance of paragraph 47 unless duly authorised;

(b) stand on the edge or on the side of any vessel to which paragraph 47 applies;

(d) place across or inside any vessel to which paragraph 47 applies, any plank or gangway

which does not comply with that paragraph or make use of any such plank or gangway

while in such position;

(e) take a naked light or any lamp or matches or any apparatus for producing a naked light or

spark into, or smoke in, any part of the works where there is liability to explosion from

inflammable gas, vapour or dust;

(f) use a metal spade, scraper or pail when cleaning out or removing the residues from any

chamber, still, tank or other vessel which has contained sulphuric acid or hydrochloric

acid or other substance which may cause evolution of arseniuretted hydrogen; and

(g) Remove from a first-aid box or cupboard or from the appliance or dressing except for the

treatment of injured workers in the premises.

59. Exemption.- If the Chief Inspector-cum-Facilitator is satisfied in respect of any factory or

ny process that, owing to the special conditions or special methods of work, or by reason of the

frequency of the process or for other reasons, all or any of the requirements of this Schedule are

ot necessary for the protection of persons employed in any factory or process he may by order in

riting (which he may in his discretion revoke) exempt any factory or process from all or any of

e provisions of this Schedule, subject to such conditions as he may by such order prescribe.

PART II

Applying to the works in Appendix E

60. Entry into gas tar or coal tar still. ± Before any person enters a gas tar or coal tar still for

any purpose except that of rescue, it shall be completely isolated from adjoining tar stills by

disconnecting either ±

(a) the pipe leading from the swan neck to the condenser work; or

(b) the waste gas pipe fixed to the worn-end or received; and

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in addition, blank flanges shall be inserted between the disconnected parts and the fitch discharge

pipe or cock at the bottom of the still shall be disconnected.

61. Entry into bleaching power chambers. ± (1) No person shall enter a chamber for the

purpose of withdrawing the charge of bleaching powder unless and until ±

(a) the chamber is efficiently ventilated; and

(b) the air in the chamber has been tested and found to contain not more than 6 grammes of

free chlorine gas per cubic meter.

(2)A register containing details of all such tests shall be kept in a form approved by the Chief

Inspector-cum-Facilitator.

62. Special precautions for nitro and amido processes. ± In a nitro or amido process ±

(a) if crystallised substances are broken or any liquor agitated by hand, precautions shall be

taken to prevent, as far as practicable, the escape of dust or fume into the air or any place

in which any person is employed. The handles of all implements used in the operations

shall be cleansed daily;

(b) cartridges shall not be filled by hand but by means of a suitable scope;

hot air from the stove shall not be drawn into any workroom;

(d) no person shall enter a stove to remove the contents until a free current of air has been

passed through it; and

(e) every vessel containing nitric or amido derivatives of phenol or of benezene or its

homologues shall, if steam is passed into or around it, or if the temperature of the

contents be at or above the temperature of boiling water, be covered in such a way that

steam or vapour shall be discharged into the open air at a height of not less than 7.6

meters from the ground or the working platform, and at a point from where it cannot be

blown back again into the workroom.

63. Precautions during caustic grinding, etc.- Every machine used for grinding or crushing

caustic shall be enclosed, and where any of the following processes are carried on such as-

(i) grinding or crushing of caustic;

(ii) packing of ground caustic

(iii) grinding, sieving, evaporating or packing in a chrome process and

(iv) crushing, grinding or mixing of material or cartridge filling in a nitro or amido process.

64. Cholrate manufacture.- (1) Cholrate shall not be crystallised, ground or packed except

in a room or place not used for any other purpose, the floor of which room or place shall be

cement, or other smooth, impervious and incombustible material, and shall be thoroughly

cleansed daily.

(2) Wooden vessels shall not be uses for the crystallisation of cholrate, or to contain

crystallised or ground cholrate.

Provided that these requirements shall not prohibit the packing of cholrate for sale into wooden

casks or other wooden vessels.

65. Restrictions on the employment of adolescent persons and women.- (1) Persons under 18

years of age and women shall not be employed in any process in which hydrofluoric acid fumes

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or ammoniacal vapours are given off or in any of the following operations unless adequate

safeguards have been provided in the manner as prescribed by the Government by written order

under rule 61 of these Rules:-

(a) Evaporation of brine in open pans;

(b) Stoving of salt;

(d) The cleansing of workroom where the process mentioned in (c) is carried on.

(2) No person under 18 years of age shall be employed in a chrome process or in a nitro or amido

process or in a process in which the following materials are used or where the vapour of such

materials is given off namely unless adequate safeguards have been provided in the manner as

prescribed by the Government by written order under rule 61 of these Rules :-

(a) Carbon bisulphide

(b) Chlorides of sulphur;

(d) Carbon tetrachloride;

(e) Trichloro-ethlene;

(f) Any carbon chlorine compound; and

(g) Any mixture containing any of such materials.

APPENDIX A

Any works or that part of works in which-

(a) the manufacture or recovery of any of the following is carried on namely:-

(i) carbonates, chromates, chlorate, oxides or hydroxide of potassium, sodium, iron

alluminium, cobalt, nickel, arsenic, antimony, zinc or magnesium;

(ii) ammonia and the hydroxide and salts of ammonium;

(iii) sulphurous, sulphuric, nitric, hydrochloric, hydriodic, hydrosulphuric, boric,

phosphoric, oxalic, arsenious, arsenic, lactic, aetic, tartaric or citric acids and their

metallic or organic salts; and

(iv) cryanogen compounds;

(b) a wet process is carried on-

(i) for the extraction of metal from a ore or from any by-product or residual material; or

(ii) in which electrical energy is used in any process of chemical manufacture.

recovery of suplur, or for the utilisation of any constituent of such waste or drainage;

(d) carbon bisulphide is made or hydrogen sulphide is evolved by the decomposition of

metallic sulphides or hydrogen sulphide is used in the production of such sulphides.

(e) Bleaching powder is manufactured or chlorine gas is made or is used in any process of

chemical manufacture;

(f) (i) gas tar or coal tar or any compound product or residue of such tars is distilled or is

used in the mical manufacture.

(ii) synthetic colouring matters or their intermediates are made;

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(g) refining of crude shale oil or any process incidental thereto is carried out;

(h) nitro acid is used in the manufacture of nitro compounds.

(i) Explosives are made with the sue of nitro compounds.

(j) Phosgene (carbonyl chloride) is manufactured or is used in the process of chemical

manufacture; and

(k) Aliphatic or aromatic compounds or their derivatives or substituted derivatives are

manufactured or recovered.

APPENDIX B

A nitro or amido process.

Grinding raw materials in a chrome process.

The crystal department and the packing room in a chrome process.

Packing in a chrome process.

Any room or place in which cholrate is crystallised, ground or packed.

Any room in which caustic is ground or crushed by machinery.

Bleaching powder chambers, or in packing charges drawn from such chambers.

Drawings off of molten sulphur from sulphur pots in the process of carbon disulphide

manufacture.

APPENDIX C

A nitro or amido process.

The crystal department and the packing room in a chrome process.

The process of distilling gas or coal tar (other than blast furnace tar) and any process of

chemical manufacture in which such tar is used.

APPENDIX D

A glazed sink with hot and cold water always available.

A table with a smooth top.

Means for sterilising instruments.

A couch

A stretcher.

Two buckets or containers with close-fitting lids.

Two rubber hot water bags.

A kettle and spirit stove or others suitable means of boiling water.

Twelve plain wooden splints 900 m x 100 m x 6 m.

10. Twelve plain wooden splints 350 m x 75 m x 6 m.

11. Six plain wooden splints 250 m x 50 m x 12 m.

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12. Three wooden blankets.

13. One pair artery forceps.

14. One bottle of brandy.

15. Two medium size sponge

16. Three hand towels

17. Two kidney trays.

18. Four carbolic soaps.

19. Two glass tumbers and two wine glasses.

20. Two clinical thermometers.

21. Graduated measuring glass with teaspoon.

22. One eye bath.

23. One bottle (900 gms.) carbolic lotion 1 in 20

24. Two chairs.

25. One screen.

26. One electric hand torch.

27. An adequate supply of anti-tetanus serum.

28. Two first-aid boxes, each containing.

(a) twenty four small sterilised dressings;

(b) twelve medium size sterlised dressings;

(d) twelve large size sterlisied dressings;

(e) twelve half-ounce packets of sterilised cotton;

(f) one snake-bite lancet;

(g) one pair of scissors;

(h) two one-ounce bottles of potassium permanganate crystals;

(i) one four-ounce bottle containing a two percent alcoholic solution of iodine;

(j) one four-ounce bottle of sal volatile having the done and mode of administration

indicated on the label; and

(k) one copy of the first-aid leaflet issued by the Directorate General Factory Advice Service

and labour Institutes (Government of India) Bombay.

APPENDIX E

Any works or that part of works in which-

(a) caustic pots are used;

(b) cholrate or bleaching powder is manufactured;

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(ii) a nitro or amido process is carried on;

(iii) a chrome process is carried on;

(d) crude shale oil is refined or processes incidental thereto are carried on;

(e) nitric acid is used in the manufacture of nitric compound.

(f) The evaporation of brine in open pans and the stoving of salt are carried on;

(g) The manufacture of recovery of hydrofluoric acid or any of its salts is carried on.

Work at a furnace where the treatment of zinc ores is carried on.

SCHEDULE XIII

Manufacture of articles from refractory materials.

1. Application and exemption.- This schedule shall apply to the following processes:-

(a) handling, moving, breaking, crushing, grinding or sieving of any refractory materials,

containing not less than 25 per cent total silica for the purpose of manufacture-

(i) of articles used in the constructions of furnaces and flues;

(ii) of crucibles; and

(iii) of compositions or other materials used in the preparation of moulds in which

metals are cast; or

(b) any process in the manufacture of refractory bricks as hereinafter defined:

Provided that nothing in this Schedule shall apply-

(i) to handling, moving, mixing or sieving of natural sand; or

(ii) to the manipulations of rotten rock in the preparations of moulds, used in metal

foundries:

Provided further that if the Chief Inspector-cum-Facilitator is satisfied in respect of any factory or

part thereof that owing to the special conditions of work or otherwise, that any of the

requirements of this Schedule can be suspended or relaxed without and danger to the health of the

person employed therein, he may be an order in writing grant such suspension or relaxation for

such period and no such conditions as he may think fit. Any such order may be revoked at any

time.

2. Definitions.- For the purposes of this Schedule-

(a) ³UHIUDFWRU\PDWHULDO´PHDQVDQ\UHIUDFWRU\PDWHULDOFRQWDLQLQJQRWOHVVWKDQSHUFHQW

total silica;

(b) ³UHIUDFWRU\ EULFN´ PHDQV DQ\ EULFN RU DUWLFOH FRPSRVHG RI UHIUDFWRU\ PDWHULDO DQG

containing not less than 25 per cent total silica; and

removal of dust so as far as to prevent dust from escaping into the air of any place in

which work is carried on. No draught shall be deemed to be efficient which fails to

remove the dust produced at the point where such dust originates.

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3. Refractory material not to be broken.- No refractory material shall be broken in pieces by

manual labour unless the process is carried out in the open air:

Provided that where it is not practicable to carry out this process in open air, the process shall be

caried out under an efficient exhaust draught.

4. Crushing or grinding of refractory material.- No refractory material, unless it is so wet

that dust will not be produced, shall be crushed or ground in a stone crushing or grinding

machines unless such machine is provided with.

(a) an efficient exhaust draught and efficient dust collecting appliances; or

(b) an efficient water or steam spray:

Provided that every grinding machine wherein any refractory material is ground in dry state, shall

be, totally enclosed and connected to a mechanical exhaust system so as to prevent effectively

any escape of dust outside the casing of the machine by maintaining a pressure below the

atmospheric pressure within the casing of the machine.

The exhaust draught appliance shall be examined and tested by a competent person once within a

period of twelve months so as to ascertain and maintain the effectiveness of the exhaust draught

provided. Any defect disclosed by such examination and test shall be rectified as soon as

practicable. A report containing particulars of such examination and test shall be maintained in

Form 34.

Provided further that all processes of crushing and grinding shall be effectively isolated from

other processes.

5. Refractory material handling equipment to be enclosed.- All chutes, conveyors, elevators,

screens, sieves and mixers used for manipulating refractory material shall, unless the material is

so wet that dust will not be produced, be enclosed and be provided with an efficient exhaust

draught.

6. Precautions material handling refractory material.- No refractory material so dry as to

produce dust shall.-

(a) be loaded into any wagon or other receptacle for transport unless it has been placed in a

suitable dustproof container so damped as to preclude dust;

(b) be unloaded from any wagon or other receptacle for transport unless it has been so

dampened as to preclude dust or unless the work is done work an efficient exhaust

draught; or

manufacturing process unless it has been so dampened as to preclude dust or unless the

work is done under an efficient exhaust draught:

Provided that sub-paragraph (b) of this paragraph shall not apply to refractory material in the form

of rock or pebbles before it is manipulated in any manufacturing process.

7. Maintenance of floors.- (1) The floors of all places where refractory bricks are dried, other

than the floors of tunnel ovens or chambers driers not normally entered by persons employed

shall, after each lot of refractory bricks has been removed, be carefully cleaned of all debris and

the part being cleaned shall be kept damp while the cleaning is being done.

(2) There shall be provided in every such place a constant supply of water laid on under

adequate pressure with sufficient connections and a flexible branch pipe and sprinkler to enable

water to be supplied direct to every part of the floor.

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8. Prohibition of use of drying stove.- No drying stove in which refractory bricks are baked

by fires before being placed in the kilns, shall be used.

9. Cleaning of floor and suppression of refractory dust.- The surface of every floor or place

where persons are liable to pass shall be cleaned of debris of refractory material once at least

during each daily period of employment or where shifts are worked, one during each shift. Such

debris unless it is immediately required for use in the processes, shall be effectively dampened

and either be placed in covered receptacles, or be otherwise stored in such a manner as to prevent

the escape of dust into the air in or near to any place where any person is employed.

10. Suppression of refractory dust while drying- Where plates are used, whether portable or

forming part of the floor, on which refractory bricks are dried, such plates shall be freed from

adherent material only by a wet method or by such other method or by such other method as will

prevent the escape of dust into the air.

11. Prohibition of use of refractory dust for moulding.- The dust or powder of refractory

materials shall not be used for sprinkling the moulds in refractory brickmaking:

Provided that nothing in this paragraph shall be deemed to prevent the use of natural sand for the

purpose of sprinkling the moulds.

12. Workers not to work in refractory dust atmosphere.- No worker shall be allowed to work

on any dust process or at any place where dust of any refractory materials is present in the

atmosphere:

Provided that in an emergency a worker may be allowed to work at such process or place if he

wears a suitable and efficient dust mask or breathing apparatus.

13. Medical examination.- (1) Every worker employed on any day of the processes specified

in sub-paragraphs (a) and (b) of paragraph 1 shall be medically examined in such a manner and at

VXFKLQWHUYDOVDVPD\EHVSHFLILHGE\DQ\UXOHVPDGHXQGHUWKH:RUNPHQ¶V&RPSHQVDWLRQ$FW

1923 or if no such rules have been framed under the said Act, every such worker shall be

medically examined by the Medical Officer before employment on any of the aforesaid process

and at an intervals not exceeding six months thereafter.

(2) Subject to sub-paragraph (3), a X-ray examination of the chest of every worker referred

to in sub-paragraph (1) shall be carried on-

(a) if he is already employment on the date of coming into force of the sub-paragraph, within

six months of such date and at an interval of every three years thereafter;

(b) if he is employed after such date within one month of the date of his employment and at

an interval of every three years thereafter;

and the result such X-ray examination shall be produced before the Medical Officer within a

month of the examinations.

(3) If the Medical Officer, during the course of medical examination of any worker under

sub-paragraph (1) has reason to suspect onset of any chest disease, he may direct the manager or

the occupier to get an X-ray plate before him within a specified time and on receipt is such

direction, the manager or the occupier as the case may be, shall carry out the direction.

(4) The Medical Officer shall grant to each worker examined, a certificate specifying therein

whether or not the worker was considered fit to be employed on any of the aforesaid processes.

(5) The manager shall maintain a register in which the findings and recommendations of the

Medical Officer in respect of every worker and in respect of every worker and in respect of every

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medical examination shall be maintained duly signed by the Medical Officer.

(6) A worker not declared fir shall not be employed on any of the aforesaid processes and he

shall be employed on only such other examination or treatment as may be directed by the Medical

Officer.

(7) No fees shall be charged from any worker for the medical examination and it shall be the

responsibility of the occupier and the manager to comply with the provision of this Schedule.

14. Time limit for compliance in respect of existing plants.- In case any existing plant or

machinery which needs alteration, modification or replacement or in case of any new plant to be

installed, is required to comply with the requirements of this Schedule, such alteration,

modification, replacement or installations of the plant of machinery shall be carried on within a

period not exceeding six months from the date of publication of this Schedule:

Provided that the Chief Inspector of Factories in consideration of special and exceptional

circumstances by an order in writing any extend this period to such further period as he may think

fit.

SCHEDULE XIV

Handling and processing of asbestos, manufacture of any article

of asbestos and any other process of manufacture or otherwise in which

asbestos is used in any form.

1. Application- This Schedule shall apply to factories in which any of the following

processes are carried on:-

(a) breaking, crushing, disintegrating, opening, grinding, mixture or sieving 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

process;

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 or cement goods;

(g) application of asbestos by spray method;

(h) sawing, grinding, turning, abrading and polishing, in the dry state, of articles composed

wholly or partly of asbestos; and

(i) cleaning of any room , vessel, chambers, fixture or appliances for the asbestos dust;

Provided that if the Chief Inspector is satisfied that in respect of any factory or workshop or part

thereof by reason of the restricted use of asbestos or the method of working, or occasional nature

of work, or otherwise, all or any the provision of this Schedule can be suspended or relaxed

without danger to the health of the persons employed therein, he may be grant suspension or

relaxation in writing under such conditions as he may think fir. Any such certificate may be

revoked at any time.

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2. Definitions.- For the purposes of this Schedule-

(a) ³DVEHVWRV´PHDQVDQ\ILEURXVVLOLFDWHPLQHUDODQGDQ\DGPL[WXUHFRQWDLQLQJDQ\VXFK

mineral, whether crude, crushed or opened;

(b) ³DVEHVWRVWH[WLOHV´PHDQV\DUQRUFORWKFRPSRVHGRIDVEHVWRVRr asbestos mixed with any

other material;

opening of asbestos;

(d) :approved: means approved for the time being in writing by the Chief Inspector; and

(e) ³EUHDWKLQJDSSDUDWXV´PHDQVDKHOPHWRUIDFHSLHFHZLWKQHFHVVDU\FRQQHFWLRQE\PHDQ

of which a person using it can breath air free from dust, or any other approved apparatus

of like nature.

3. Exhaust draught.- (1) An exhaust draught effected by mechanical means with prevents

the escape of asbestos dust into the air of any room in which person work, shall be provided and

maintained for-

(a) manufacturing and conveying machinery namely:-

(i) preparing, grinding or dry mixing machines;

(ii) carding, card waste-end, ring spinning machines and looms;

(iii) machines or other plant fed with asbestos; and

(iv) machines used for the sewing, grinding, turning, abrading or polishing, in the dry

estate, of articles composed wholly or partly of asbestos;

(b) cleaning, and grinding or the cylinders or other parts of a carding machine;

(d) work-benches for asbestos waste sorting or for other manipulation of asbestos by hand;

(e) workplaces at which the filling or emptying of sacks, skips or other portable containers is

carried on and weighing or other process incidental thereto is effected by hand; and

(f) sack cleaning machines;

provided that this clause shall not apply-

(i) to a machine or other plant which does not give rise to asbestos dust, or is so

enclosed as to prevent escape of asbestos dust into the air of any room in which

persons works; or

(ii) where the asbestos is so wet or so treated with greases or other material as to prevent

the evolution of dust; or

(iii) to the making or repairing of insulating mattresses or;

(iv) to mixing or blending by hand of asbestos.

(2) (a) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(b) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

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4. Mixing or blending.- (1) Mixing or blending by hand of asbestos shall not be carried on

except with an exhaust draught effected by mechanical means so designed and maintained as to

ensure as far as practicable the suppression of dust during the processes.

(2) In premises which are constructed or reconstructed after the date on which this Schedule

comes into force, the mixing or blending by hand of asbestos shall not be done except in a special

room or place in which no other work is ordinarily carried on.

(3) (a) The making or repairing if insulating mattresses composed wholly or partly of

asbestos shall not be carried on in any room in which any room in which any other

work is done.

(b) In every room in which the making and inlet ventilation in accordance with

arrangements to be approved in each case shall be provided and maintained;

(i) adequate exhaust and inlet ventilation in accordance with arrangements to be

approved in each case shall be provided and maintained.

(ii) no person other than those engaged in filling, beating or levelling shall be

present whilst such processes are being carried on and work shall not be

resumed in the room after filling, beating or levelling for at least ten minutes.

(iii) the floors and benches shall be kept dampened so as to prevent dust arising

therefrom effectively; and

(iv) the covers shall be effectively dampened immediately after being cut out and

in the case of fibre filled mattresses shall be kept damp whilst filling, beating

or levelling is being carried on.

(4) (a) Storage chambers or bins for looses asbestos shall, in the case of premises

constructed or reconstructed after the date on which this Schedule comes into force,

be effectively separated from any workroom and, in the case of other premises be

effectively separated from any workroom in which the asbestos is not required for

the purpose carried on in the room.

(b) Chambers or apparatus for dust settling and filtering shall not be allowed in any

workroom.

apparatus being drawn into the air of any workroom.

(5) All machinery used in preparing, grinding or asbestos carding, card roller cleaning and

grinding and sacks cleaning and all cards waste-end machines, lattices, elevators, chutes and

conveyors shall be so constructed and maintained that dust or debris containing asbestos cannot

escape from any part thereof, other than dust removed by air exhaust draught provided in

accordance with paragraph 3 of this Schedule.

(6) (a) Cleaning by hand of the cylinders (including the doffer cylinder) of a carding machine,

shall not be done whilst any person other than those performing or assisting at the

cleaning is present.

(b) After six months from the date on which this Schedule comes into force, such cleaning

as a foresaid shall not be done by means of hand strickles or other hand tools:

Provided that the Inspector or the Chief Inspector nay direct such other measures and precautions

to be taken as may be considered necessary for safeguarding the health of the workers employed

on processes and work specified in paragraph 4.

5. Maintenance of floors and work places.- (1) In every room in which any of the

requirements of this Schedule apply-

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(a) the floors, work-benches 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 obstruct the proper cleaning of

the floor.

(2) Every room as aforesaid shall be adequately lighted.

6. Asbestos sacks not to be cleaned by hand.- (1) A sack which has contained asbestos shall

not be cleaned by hand beating but by a machine, complying with paragraph 3 and sub-paragraph

(5) of paragraph 4.

(2) All sacks used as containers for the purpose of transport of asbestos within the factory

shall be constructed of impermeable material and shall be kept in good repair.

7. Testing of ventilating plant.- (1) All ventilating plant used for the purpose of extracting or

suppressing dust as required by this Schedule shall at least once in every six months be

thoroughly examined and tested by a competent person and any defect disclosed by such

examination and test shall be rectified forthwith.

(2) A register containing particulars of such examination and test 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.

8. Provision of breathing apparatus.- A breathing apparatus shall be provided for every

person employed-

in chambers containing losses asbestos;

b) in cleaning of dust settling or filtering chambers or apparatus;

in cleaning the cylinders, including the doffer cylinders, of other parts of the carding

machine by means of hand-strickles; and

d) in filling, beating or leveling in the manufacture or repair of insulating mattresses.

9. Protective equipments.- There shall be provided and maintained for the use of all persons

employed in the cleaning of dust settling and filtering chambers, tunnels and ducts, suitable

overalls and head coverings.

10. Prohibition of employment of adolescent persons,- No person who is below 18 years shall

be employed in or in connection with the manufacture of insulating mattresses, in mixing or

blending of asbestos by hand, in sack cleaning, in chambers or apparatus for dust settling or

filtering, in chambers containing loose asbestos, or in stripping or grinding the cylinders including

the doffer cylinders or other parts of a carding machine.

11. Medical examination.- (1) No worker shall be employed in any factory on any of the

processes specified in the paragraph 1, unless he has been medically examined by the Medical

Officer and has been declared fit and has been granted a certificate of fitness in Form 24B.

(2) Every worker employed on any of the aforesaid processes on the date on which this

Schedule comes into force shall be medically examined by the Medical Officer within three

months of the said date.

(3) Every worker employed on any of the aforesaid processes on the date on which this

Schedule comes into force, shall be radiologically examined by a qualified radiologist at the cost

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of the occupier and the standard size chest X-ray plate shall be submitted to the Medical Officer

for medical examination within three months of the said date.

(4) Every worker employed on any of the aforesaid processes shall be medically examined

by the Medical Officer at intervals of six months after the first medical examination conducted

under sub-paragraphs (1) and (2) and radiologically examined at an interval of 3 years after the

first radiological examination conducted under sub-paragraphs (1), (2) and (3):

Provided that if at any time the Medical Officer is of the opinion that any person employed in the

said processes is required to be radiologically examined by a qualified Radiologist, he may direct

the occupier to arrange for such examination at his cost and then to submit the standard size X-ray

plate of the worker to the Medical Officer.

(5) A worker already in employment had declared unfit by the Medical Officer shall not be

allowed to work on any of the processes specified in paragraph 1, unless he has been re-examined

medically and radiological, and had been certified to be fit to work on the said process again.

(6) A worker declared to be unfit to work on any of the aforesaid processes, any be employed

on such other work or process as may be considered safe and as may be advised by the Medical

Officer :

Provided that if the Medical Officer declares that a worker has been completely incapacitated and

he is not fit to be employed on any process, such worker shall not be allowed to continue to work

on any work or process.

(7) The Medical Officer may direct that a worker may be subjected to X-ray or he may be

subjected to further examination, clinical, pathological or otherwise or that he should undergo a

specified treatment, and it shall be the responsibility of the occupier and manager to arrange for

the specified examination and/or treatment and to bear all expenses thereof or in connection

therewith.

(8) The Medical Officer shall, after each examination grant a certificate in Form 24B.

(9) The manager shall maintain all the certificates in a proper register of file and shall

produce all the certificates before an Inspector-cum-Facilitator whenever demanded.

(10) The manager shall maintain the details of every medical examination in Form 7 and the

SCHEDULE XV

Handling or manipulation of corrosive substances

1. Definitions.- For the purpose of this Schedule ±

(a) ³FRUURVLYH RSHUDWLRQ´ PHDQV DQ RSHUDWLRQ RI PDQXIDFWXULQJ VWRULQJ KDQGOLQJ

processing, packing or using any corrosive substance in a factory; and

(b) ³FRUURVLYHVXEVWDQFH´LQFOXGHVVXSKXULFDFLGnitric acid, hydrochloric acid, hydrofluoric

acid, carbolic acid, phosphoric acid, liquid cholrine, liquid bromine, ammonia or

anhydrous liquid ammonia, sodium hydroxide or potassium hydroxide or mixtures

thereof, or any other substance which the Government may by notification in the Official

Gazette specify to be a corrosive substance.

2. Flooring.- The floor of every workroom of a factory in which corrosive operations is

carried on shall be made of impervious, corrosion and fire resistant material and shall be so

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constructed as to prevent collection of any corrosive substance. The surface of such flooring shall

be smooth and cleaned as often as necessary and maintain in a sound condition.

3. Protective equipment .- (1) 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 suitable respirators. The equipments shall be maintained in

good order and shall be kept in clean and hygienic condition by disinfecting them and also

suitably treating them to remove the ill effects of any absorbed chemicals. The occupier shall

also provide suitable protective creams and other preparations of the workers wherever necessary.

(2) The protective equipment and preparations provided shall be used by the persons

employed in any corrosive operation.

4. Water facilities.- Where any corrosive operation is carried on, there shall be provided as

close to the place of such operation as possible, a source of clean water at a height of 210

centimeters from a pipe of 2.5 centimeters diameter and fitted with a quick acting valve so that in

case of injury to the worker by any corrosive substances, the injured part can be thoroughly

flooded with water. Whenever necessary, in order to ensure continuous water supply, a storage

tank having a minimum length, breadth and height of 210 centimeters and 60 centimeters

respectively or such dimensions as are approved by the Chief Inspector places at floor level shall

be provided as the source of clean water.

5. Cautionary notice.- A cautionary notice in the following form and printed in the language

which majority of the workers employed understand, shall be displayed prominently close to the

place where a corrosive operation is carried out and where it can be easily and conveniently read

by the workers. If any worker is illiterate, effective steps shall be taken to explain carefully to him

the contents of the notice so displayed.

CAUTIONARY NOTICE

DANGER

Corrosive substances cause severe burns and vapours thereof may be extremely

hazardous.

Use protective wears.

Incase of contact with corrosive substances immediately flood the affected part of body

with plenty of water for at least 15 minutes.

Call for medical attention quickly.

6. Transport.- (1) Corrosive substances shall not be filled, moved or carried except in

containers shall when they are to be transported, the containers shall be placed in crated of sound

construction and of sufficient strength.

(2) A container with a capacity of 10.0 litres or more of a corrosive substance shall be

places in a receptacle or crate and then carried by more than one person at a height below the

waist line unless a suitable rubber wheeled cart is used for the purpose.

(3) Containers for corrosive substances shall be clearly labelled as such.

7. Devices for handling corrosive substances.- (1) Suitable tilting or lifting devices shall be

used for emptying jars, carboys and other containers or corrosive substances.

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(2) Corrosive substances shall not be handled by bare hands but by means of a suitable scoop

or other device.

8. Opening of valves.- Valves fitted to containers holding a corrosive substances shall be

opened with great care. If they do not work freely, they shall not be forced open. They shall be

opened by a worker suitably trained for the purpose.

9. Cleaning tanks, stills etc.- (1) 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 productions of areseniuretted hydrogen (Arsine.)

(2) Whenever it is necessary for the purpose of cleaning or other maintenance work for any

worker to enter chamber tank, vat, pit or other confined space where a corrosive substances had

been stored all possible precautions required under Section 36 of the Act shall be taken to ensure

WKHZRUNHU¶VVDIHW\

(3) Wherever possible, before repairs are undertaken or any part of equipments in which a

corrosive substance was handled, such equipment or part thereof shall be freed of any adhering

corrosive substance by adopting suitable methods.

10. Storage.- (1) Corrosive substances shall not be stored in the same room with other

chemicals, such as turpentine, carbides, metallic powders and combustible materials and cynide

salts as the accidental mixing thereof may cause a reaction which is either violent or it may give

rise to toxic fumes and gases.

(2) Pumping or filling overhead tanks, receptacles, vats or other containers for storing

corrosive substances shall be so arranged that there is no possibility of any corrosive substance

shall be so arranged that there is no possibility of any corrosive substance overflowing and

causing injury to any person.

(3) Every container having a capacity of twenty litres or more and every pipeline, valve and

fitting used for storing or carrying corrosive substances shall be thoroughly examined every year

for finding out any defects, and the defects so found out shall be rectified forthwith. A register

shall be maintained of every such examination made and shall be produced before the Inspector

whenever required.

11. Fire extinguishers and firefighting equipment.- An adequate number of suitable types of

fire extinguishers or other fire fighting equipments, depending on the nature of chemicals stored,

shall be provided. Such extinguishers or other equipments shall be regularly tested and refilled.

Clear instructions as to how the extinguishers or other equipment should be used, shall be printed

in the language which majority of the workers employed understand and shall be affixed near

each extinguisher or other equipment. Sufficient number of workers shall be trained in

firefighting methods.

12. Exemption- If on an application made by the manager of any factory the Chief Inspector is

satisfied that owing to the exceptional circumstances, or the frequency of the process or for any

other reason to be recorded by him in writing, all or any of the provisions of this Schedule are not

considered necessary for the protection of the persons employed therein, he may by a certificate

in writing, which he may at any time revoke, exempt the factory from such of the provisions and

subject to such conditions as he may specify therein.

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SCHEDULE XVI

Processing of Cashewnut

1. Application .- This Schedule shall apply to all factories in which roasting, scrubbing and

shelling of cashewnuts or extracting oil from cashewnuts or cashewnut shells are carried on.

2. Prohibition of employment of women and adolescent persons.- No woman or person below

18 years shall be employed in any of the processes specified in paragraph 1 except in shelling of

roasted cashewnuts unless adequate safeguards have been provided in the manner as prescribed

by the Government by written order under rule 61 of these Rules.

3. Protective clothing and equipment.- The occupier shall provide and maintain for the use of

all persons employed in roasting and scrubbing of cashewnuts or extracting oil from cashewnuts

or cashewnut shell.-

(a) suitable rubber or washable leather gloves;

(b) suitable type of impervious aprons with sleeves to cover body down to knees and

shoulders and

suitable type of footwear to afford protection to feet and legs against cashewnut oil; and

for the workers employed in cashewnut shelling either

a protective ointment containing 10% of shellac; 55% of alcohol, 10% of sodium

perborate; 5% of carbitol and 20% talc; or

sufficient quantity of kaolin and coconut oil; and

any other material or equipment which the Chief Inspector of Factories may deem to be

necessary for the protection of the workers.

4. Use of protective clothing and equipment.- every person employed in processes specified in

paragraph 1 shall make use of protective clothing and equipment supplied and arrangements shall

be made by the occupier to supervise its use, maintenance and cleanliness.

5. Disposal of shells, ashes, or oil of cashewnut.- (1) Shells, ashes or oil of cashewnut shall

not be stored in any room in which workers are employed and shall be removed at least twice a

day to any pit or enclosed place in the case of shells and ashes and to closed containers kept in a

separate room in the case of oil.

(2) No worker shall be allowed to handle shells or oil of cashewnuts without using the

protective clothing or equipment provided under paragraph 3 above.

6. Floors of workrooms.- The floor of every workroom in which processes specified in

paragraph 1 are carried in shall be cleaned daily, and spillage of any cashewnut oil in any

workroom shall be washed with soap and cleaned immediately.

7. Seating accommodation.- Workers engaged in shelling of cashewnuts shall be provided

with adequate seats or work benches which shall be cleaned daily.

8. Restrooms.- (1) There shall be provided and maintained for the use of all persons

employed in processes specified in paragraph 1, a suitable restroom furnished with sufficient

tables and chairs or benches.

(2) Separate lockers shall be provided where food, etc, shall be stored by workers before it

is consumed in the restroom.

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9. Food, drinks, etc. prohibited in workrooms.- No food, drink, pan, supari or tobacco shall

be brought or consumed by any worker in any room in which processes specified in paragraph 1

are carried out and no person shall remain in any such room during intervals for meals or rest.

10. Washing facilities.- Where roasting, scrubbing and shelling of cashewnut or extracting oil

for cashewnuts or cashewnut shells is carried on, there shall be provided and maintained in a

clean state and good repair washing facilities, with a sufficient supply of soap, coconut oil, nail

brushes and towels at the scale of one tap or stand pipe for every 10 workers, and the taps or stand

pipes shall be spaced at a distance not less than 1.2 metres apart.

11. Time allowed for washing. ± %HIRUHHDFKPHDODQGEHIRUHWKHHQGRIWKHGD\¶VZRUNDW

least ten minutes, in addition to the regular meal times, shall be allowed for washing, to each

person employed in processes specified in paragraph 1.

12. Smoke or gas produced by roasting cashewnuts.- Where smoke or gas is produced in the

operation of roasting, provision shall be made for removing the smoke or gas through a chimney

of sufficient height and capacity or by such other arrangements, as may be necessary to prevent

the gas or smoke escaping into the air or any place in which workers are employed.

13. Storage of protective equipment.- A suitable room or a portion of the factory suitably

partitioned off, shall be provided exclusively for the storage of all the protective equipment

supplied to the workers and no such equipment shall be stored in any place other than the room or

places so provided.

14. Medical examination.-(1) Every person employed in processes specified in paragraph 1

shall be examined by the Medical Officer once in every six months, or at such other intervals as

may be specified in writing by the Chief Inspector-cum-Facilitator on a day of which due notice

shall be given to all concerned. The Medical Officer shall examine and certify the workers in the

premises of the factory.

(2) Every person employed shall present himself at the appointed time for examination by

the Medical Officer as provided in sub-paragraph (1).

(3) A health register in Form 24 containing the names of all persons employed in the

process specified in paragraph 1 shall be kept.

(4) The Medical Officer shall record the results of the examination against the name of

each worker in the health register.

(5) No person whose services have been suspended on health grounds shall be employed

in any process specified in paragraph 1, without the written sanction from the Medical Officer

duly entered in the health register.

(6) The occupier shall appoint a person trained in first aid who shall inspect daily the

hands and feet of the persons employed in processes specified in paragraph 1. The occupier shall

keep a record of such inspections in a register in a form approved by the Chief Inspector and any

cases of blistering shall be brought to the notice of the Medical Officer who shall direct them for

such treatment as may deem to be necessary.

(7) The first-DLGER[VKDOODOVRFRQWDLQ%XUURZ¶VVROXWLRQWRDQGDTXHRXVVROXWLRQ

tannic acid 10% for treatment of cases of dermatitis.

10. Exemption.- The Chief Inspector may grant exemption from the operation of any of these

provisions if he is satisfied that their observance is not necessary for safeguarding the health of

the workers.

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SCHEDULE XVII

Compression of oxygen and hydrogen produced by electrolysis of water or

by steam iron process.

1. Definitions.- )RU WKH SXUSRVHV RI WKLV 6FKHGXOH ³FRPSUHVVLRQ RI R[\JHQ DQG K\GURJHQ´

means any process by which oxygen or hydrogen is manufactured or evolved by electrolytic

process or by steam iron process.

2. Applications.-This Schedule applies in respect of factories or any part thereof in which the

process of compression of oxygen and hydrogen is carried on.

3. Situation of Electrolyser Plant room etc.- The room in which electrolyser plant is installed

shall be separate from the plant for storing and compressing oxygen and hydrogen. The room in

which electric generator and the distribution panel are installed shall not communicate with any

other room in which any process is carried on.

4. Testing of purity.- (1) The purity of oxygen and hydrogen shall be tested by a competent

person at least once in every shift at the following posts:-

(a) In the electrolysis room;

(b) At the gasholder inlet; and

Provided, however, that if the electrolyser plant is fitted with automatic recorder of purity of

oxygen and hydrogen with alarm lights, it shall be sufficient if the purity of gases is tested at the

suction end of the compressor only.

(2) The purity figures obtained as a result of the test shall be entered in a register and signed

by the persons carrying out such tests.

5. Restriction as to the compression.- The oxygen and hydrogen gases shall not be

compressed if their purity as determined under paragraph 4 above falls below 98% at any time.

6. Limit switch for gasholder.- The bell of any gasholder shall not be permitted to go within

30 centimeters of its lowest position when empty and a limit switch shall be fitted to the gas

holder in such manner as to switch off the compressed motor when the limit is reached.

7. Provisions of negative pressure switch.- In addition to the limit switch in the gasholder, a

sensitive negative pressure switch shall be provided in or adjacent to the suction main for

hydrogen , close to the gasholder and between the gasholder and the hydrogen compressor, to

switch off the compressor motor in the event of the gasholder being emptied to such an extend as

to cause vaccum.

8. Purity of raw material.- The water and caustic soda used for making lye shall be

chemically pure within pharmaceutical limits.

9. Precautions against reversal of polarity.- 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 the electric generator terminals.

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10. Colouring of gas pipes.- Oxygen and hydrogen gas pipes shall be painted with

distinguishing colours and in the event of leakage at the joint of hydrogen gas pipe, the pipe, and

storage system after repairs and reconnection carried out as per paragraph 13 of this Schedule and

in accordance with the provisions of rule 84 shall be purged of all air and gases using a suitable

inert gas before drawing in hydrogen gas. Before drawing in hydrogen gas in any new or existing

system which was not in use every pipe, gas-holder or compressed gas vessel in the said system

shall be purged of all air and gases by using a suitable inert gas.

11. Use of flameproof fittings.- All electrical wiring and apparatus, wherever hydrogen gas is

generated, compressed, transferred or stored, shall be of flameproof construction or enclosed in

flameproof fittings and no naked light or flame shall be allowed to be taken either in the

electrolyser room or where compression and filling of the gases is carried on an warning notices

shall be exhibited in prominent places to that effect.

12. Prohibition of hot work.- No part of the electrolyser plant or the gasholder or compressor

shall be subjected to welding, brazing, soldering or cutting until steps have been taken to remove

any explosive substance shall be allowed to enter that part until the metal has cooled sufficiently

to prevent risk of explosion.

13. Repair, etc. to be done under supervision.- 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 of

supervise such work, No electric generator after erection or repairs shall be switched on to the

electrolyser unless the same is certified by competent persons under whose direct supervision,

erection or repairs are carried on to be in a safe condition and the terminals have been checked for

the polarity as required by paragraph 9.

14. Examination of the plant.- Every part of the electrolyser plant and the gas holders and

compressor shall be inspected, checked and overhauled in accordance with a regular schedule

maintained by the Manager complying with the paragraph 13. Every defect noticed shall be

rectified forthwith.

SCHEDULE XVIII

Process of extracting oils and fats from vegetable and animal sources in solvent

extraction plants

1. Definitions.- For the purposes of this Schedule-

(a) ³VROYHQWH[WUDFWLRQSODQW´PHDQVDSODQWLQZKLFKWKHSURFHVVRIH[WUDFWLQJRLOVDQGIDWV

from vegetable and animal sources by use of solvents is carried on;

(b) ³VROYHQW´PHDQVDQLQIODPPDEOHOLTXLGVXFKDVSHQWDQHKH[DQHDQGKHSWDQHXVHGIRUWKH

recovery of vegetable oils;

enclosure that will withstand, when covers or other access doors and properly secured, an

internal explosion of the inflammable gas or vapour which may enter or which may

originate inside the enclosure without suffering damage and without communicating

internal inflammation (or explosion) to the external inflammable gas or vapour;

(d) ³FRPSHWHQWSHUVRQ´IRUWKHSXUSRVHRIWKLV6FKHGXOHmeans a person possessing Degree

in mechanical / chemical engineering or technology from a recognized University with

knowledge of oils and fats and with a minimum experience of 5 years in a solvent

extraction plant, as may be approved by the Chief Inspector.

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Provided further that the Government may accept any other qualifications which in its opinion are

equivalent to the qualifications aforesaid.

2. Location and layout. ² (1) No solvent extraction plant shall be permitted to be

constructed or extended to within a distance of 30 meters from the nearest residential locality.

(2) A 1.5 meters high continuous wire fencing shall be provided around the solvent extraction

plant upto a minimum distance of 15 meters from the plant.

(3) No person shall be allowed to carry any matches or an open flame or fire inside the area

bound by the fencing.

(4) Boiler houses and other buildings where open flame processes are carried on shall be

located at least 30 meters from the solvent extraction point.

(5) If godowns and preparatory process are at a distance of less than 30 meters from the

solvent extraction plant, these shall be at least 15 metres distance from the plant, and a continuous

barrier wall of non-combustible material 1.5 meters high shall be erected at a distance of not less

than 15 meters from the solvent extraction plant so that it extends to at least 30 meters of vapour

travel around its ends from the plant to the possible source of ignition.

3. Electrical installations.- (1) All electrical motors and wiring and other electrical

equipments installed or housed in solvent extraction plant shall be of flameproof construction.

(2) All metal parts of the plant and building including various tanks and containers where

solvents are stored or are present and all parts of electrical equipment not required to be energised

shall be properly bonded together and 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 15 meters distance

IURP VROYHQW H[WUDFWLRQ SODQW )RU WKLV SXUSRVH ³1R 6PRNLQJ´ VLgns shall be permanently

displayed in the area.

5. Precautions against friction.- (1) All tools and equipments including ladders, chains and

other lifting tackle required to be used in solvent extraction plant shall be of non-sparking type.

(2) No machinery or equipment in 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.

(3) No person shall be allowed to enter and work in the solvent extraction plant if he is

wearing clothes made of nylon or such other fibre that can generate static electrical charge, or

wearing footwear which is likely to cause sparks by friction.

6. Fire fighting apparatus.- (1) Adequate number of portable fire extinguishers suitable for

use against inflammable liquid fires shall be provided in the solvent extraction plant.

(2) An automatic water spray sprinkler system on a wet pipe or open-head deluge system

with sufficient supply of storage water shall be provided over solvent extraction plant and

throughout the building which is housing such a 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 with the 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 pieces of iron during its

transfer.

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9. Venting.- (1) Tanks containing solvents shall be protected with emergency venting to

relieve excessive internal pressure in the event of fire.

(2) All emergency relief vents shall terminated at least 6 meters above the ground and be so

located that vapours will not re-enter the building in which solvent extraction plant is located.

10. Waste water.- Process water shall be passed through a flash evaporator to remove any

solvent before it is discharged into a sump which should be located within the fenced area but not

closer than 8 meters to the fence.

11. Ventilation.- The solvent extraction plant shall be well ventilated and if the plant is

housed in a building, the building shall be provided with mechanical ventilation with provision

for at last six air changed per hour.

12. Housekeeping.- (1) Solvent shall not be stored in an area covered by solvent extraction

plant except in small quantities which shall be stored in approved safety cans.

(2) Waste materials such as oily rags, other wastes and absorbants 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.

(3) Space within the solvent extraction plant and within 15 meters from the plant shall be

kept free from any combustible materials and any spills of oil or solvent, shall be cleaned up

immediately.

13. Examination and repairs. -(1) 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 with his observation as to whether

or not the plant is in safe condition to work.

(2) No repairs shall be carried out to the machinery or plant except under the direct

supervision of the competent person.

(3) Facility shall be provided for purging the plant with inert gas before opening the same for

cleaning or repairs and before introducing solvent therein after repairs.

14. Operating personnel.- The operation of the plant and machinery in the solvent extraction

plant shall be in the charge of such duly qualified and trained persons as are certified by the

competent person to be fit for the purpose and no other person shall be allowed to operate the

plant and machinery.

15. Employment of women and adolescent persons.- No woman or person below 18 years

shall be employed in the solvent extraction plant unless adequate safeguards have been provided

in the manner as prescribed by the Government by written order under rule 61 of these Rules.

16. Vapour detection.- A suitable type of flameproof 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 shall be drawn out and entered

in a register maintained for the purpose.

17. Exemption.- If in respect of any factory, the Chief Inspector is satisfied that owing to the

exceptional circumstances or infrequency of the processes or for any other reasons, all or any of

the provisions of this schedule is not necessary for the protection of the workers in the factory ,

the Chief Inspector may, by a certificate in writing, which he may revoke at any time, exempt

such factory from all or any of such provisions subject to such conditions as he may specify

therein.

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SCHEDULE XIX

Manufacture or manipulation of manganese and its compounds

1. Application.- This Schedule shall apply to every factory in which or in any part of which

any manganese process is carried on.

2. Definitions.- For the purposes of this Schedule-

(a) ³PDQJDQHVHSURFHVV´PHDQVSURFHVVLQJPDQXIDFWXUHRUPDQLSXODWLRQRIPDQJDQHVHRU

any compound of manganese or any ore or any mixture containing manganese;

(b) ³ILUVWHPSOR\PHQW´PHDQVILUVWHPSOR\PHQWLQDQ\PDQJDQHVHSURFHVVDQGLQFOXGHVDOVR

re-employment in any manganese process following any cessation of employment for a

continuous period exceeding 3 calendar months;

packing, sweeping or otherwise handling of manganese or a compound of manganese, or

any ore or any mixture containing manganese or a compound manganese; and

(d) ³HIILFLHQWH[KDXVWYHQWLODWLRQ´PHDQVORFDOL]HGYHQWLODWLRQHIIHFWHGE\PHFKDQLFDOPHDQV

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 efficient 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 an spreading into the

atmosphere of a work place.

3. Isolation of a process.- Every manganese process which may gives rise to dust, vapour or

mist containing manganese, shall be carried on in a totally enclosed system or otherwise

effectively isolated from other processes so that plants and processes and other parts of the factory

and persons employed on other processes may not be affected by the same.

4. Ventilation of process.- (a) No process in which any dust, vapour or mist containing

manganese is generated, shall be carried out except under an efficient exhaust ventilation which

shall be applied as near to the point of generation as practicable.

(b) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(d) A report containing particulars of such examination and test shall be maintained in Form 34.

5. 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 while working on

a manganese process.

(2)The occupier of the factory shall provide suitable respiratory protective equipment for use

by workers in emergency to prevent inhalation of dusts, fumes or mists. Sufficient number of

complete sets of such equipment shall always be kept near the work place and the same shall be

properly maintained and kept always in a condition to be used readily.

(3) The occupier shall provide and maintained for the use of all persons employed, suitable

accommodation for the storage of personal protective equipments and make adequate

arrangement for cleaning and maintenance thereof.

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6. Prohibition relating to women and adolescent persons.- No woman or person below 18

years shall be employed or permitted to work in any manganese process unless adequate

safeguards have been provided in the manner as prescribed by the Government by written order

under rule 61 of these Rules.

7. Food, drinks, etc. prohibited in the work rooms.- No food, drink, pan and supari or

tobacco shall be allowed to be brought into or consumed by any worker in any workroom in

which any manganese process is carried on.

8. Messroom.- There shall be provided and maintained for the use of the persons employed

in a manganese process a suitable messroom which shall be furnished with sufficient tables and

benches and adequate means for warming of food. The messroom shall be placed under the

charge of a responsible person and shall be kept clean.

9. Washing and bathing facilities.- The following washing and bathing facilities shall be

provided and maintained in clean state and in good repair for the use of all persons employed in

manganese process:-

(a) A wash place under cover with clean towels, soap and nail brushes and with at least one

stand pipe for every ten such persons having constant supply of water.

(b) 50 per cent of the stand pipes provided under item (a0 above may be located in bathroom

where water shall be made available during the working hours of the factory and for one

hour thereafter.

so ordered by an Inspector.

(d) In addition to taps mentioned under item (a) one stand pipe in which warm water is made

available to be provided on each floor.

10. Cloakroom.- If the Chief Inspector so required, there shall be provided and maintained for

the use of persons employed in manganese process, a cloakroom for clothing put off during

working hours with adequate arrangements for drying the clothing.

11. Cautionary placard and instructions.- Cautionary notices in the form specified in

appendix and printed in the language of the majority of the workers employed, shall be affixed in

prominent places in the factory where they can be easily and conveniently read by the workers

and arrangement shall be made by the occupier to instruct periodically all workers employed in a

manganese process regarding the health hazards connected with their duties and the best

preventive measures and methods to be adopted to protect themselves. The notices shall always

be maintained in legible condition.

12. Medical facilities.- (1) The occupier of the factory shall appoint a qualified Medical

Practitioner whose appointment shall be subject to confirmation by the Chief Inspector. The

TXDOLILHG0HGLFDO3UDFWLWLRQHUVRDSSRLQWHGVKDOOEHFDOOHGµ$SSRLQWHG'RFWRU¶

(2)The occupier shall provide for the purpose of Medical Examination a room at the factory

premises for exclusive use by appointed Doctor. The quietly lighted, ventilated and furnished with

a screen, a table (with writing materials), chairs and facilities, equipments, and instruments for

examination and investigation. Such facilities shall be subject to the approval by the Medical

Officer.

(3)The appointed Doctor shall carry out pre-employment examination of every person

intended to the employed in manganese process. All workers employed in manganese process

shall be examined by the appointed Doctor at an interval not exceeding three months and records

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of such examinations shall be maintained in a form approved by the Chief Inspector and shall be

made available to any Inspector on demand.

(4)The occupier and the appointed Doctor of the factory shall notify forthwith any case or

suspected case of poisoning by manganese to the Chief Inspector and Medical Inspector of

Factories.

13. Medical examination.- (1) Every person employed in a manganese process shall be

medically examined by the Medical Officer within 14 days of his first employment and thereafter

at intervals of not more than six months.

(2) If a person medically examined is found fit for employment on a manganese process the

Medical Officer, shall grant a certificate of fitness in Form 24B which shall be kept in the custody

of the manager of the factory. The certificate shall be readily produced by the manager whenever

required by any Inspector, and the person granted such a certificate shall be provided with a token

made of metal with the number of the certificate inscribed thereon and the said person shall

always carry the said token on the person while at work.

(3) If a person is found unfit for work in any manganese process, the Medical Officer shall

grant a certificate to that effect and such person shall not be allowed to work in any manganese

process.

(4)(a) If the Medical Officer finds that any worker who has been granted a certificate of

fitness at a previous medical examination is no longer fit to be employed on any

manganese process, he may revoke the previous certificate and no person whose

certificate of fitness has been so revoked shall be allowed to work on any

manganese process.

(b)

The Medical Officer may require such person to be produced before him for fresh

medical examination after such period as he may specify in writing on the revoked

certificate and duly entered in the health register.

(5) If the Medical Officer is of the opinion that a person had become permanently unfit for

employment on any manganese process, he shall make an entry to that effect in the certificate and

also in the health register and no such process.

(6) If the Medical Officer is of the opinion that any special expert examination or test is

necessary for a proper diagnosis in a doubtful case, he may direct the manager and/or the occupier

to get the worker examined by such expert, or to get such test carried out as may be specified by

him and the manger or the occupier as the case may be, shall comply with the direction given

within a specified time and produce the report of the examination or test as the case may be,

before the Medical Officer.

(7) If the Medical Officer is of the opinion that any person is not fit for employment in any

manganese process but is fits to be employed on any other work he may advise the manager or the

occupier to employ the said person on such other job as may be safe for him. The Medical Officer

may also advise the worker to undergo such treatment as he may consider necessary.

(8) If any person has any doubt regarding the diagnosis or decision of the Medical Officer he

may make an appeal to the Chief Inspector and the Chief Inspector may refer the case to the

Medical Inspector of Factories or to a Medical Committee constituted by him for this purpose of

which the Medical Inspector of Factories shall be a member. The decision of the Medical

Inspector or the Committee as the case may be, shall be final in the matter.

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14. Exemption.- If in respect of any factory, the Chief Inspector is satisfied that owing to any

exceptional circumstances, or infrequency of the process, or for any other reason, application of

all or any of the provisions of this Schedule is not necessary for the protection of the person

employed in such factory he may, by an order in writing which he may at his discretion revoke,

exempt such factory from all or any of the provisions on such conditions and for such period as he

may specify in the said order.

APPENDIX

CAUTIONARY NOTICE.

Manganese and manganese compound

Dust fumes and mists of manganese and its compounds are toxic when inhaled or when

ingested.

Do not consume food or drink near the work place.

Take a good wash before taking meals.

Keep the working area clean.

Use the protective clothing and equipment provided.

When required to work in situation where dust, fumes, or mists are likely to be inhaled,

use respiratory protective equipment provided for the purpose.

If you get severe headaches, prolonged sleeplessness or abnormal sensations on the body,

report to the manager who would make arrangements for your examination and treatment.

SCHEDULE XX

Manufacture or manipulation of dangerous pesticides

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 hereinafter referred to

as the said manufacturing process is carried on.

2. Definition.- For the purpose of this Schedule-

(a) ³GDQJHURXVSHVWLFLGHV´PHDQVDQ\SURGXFWSURSRVHGRUXVHGIRUFRQWUROOLQJGHVWUR\LQJRU

repelling any pest or for preventing growth or mitigating effects of growth of such pests

including in the list of Appendix I to this Schedule and also as covered under the

Insecticides Act, 1968 and the rules made thereunder and any other product, as may be

declared as a dangerous pesticides from time to tome by the Chief Inspector in writing;

(b) ³PDQLSXODWLRQ´ LQFOXGHV PL[LQJ blending, formulating, filling, emptying, packing or

otherwise handling.

gas, vapour, dust, fume or mist so as to prevent them from escaping into the air any work

room in which work is carried on. No exhaust draught shall be considered efficient if it

fails to remove smoke generated at the point where such gas, fume, dust, vapour or mist

originates from the process;

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(d) ³ILUVWHPSOR\PHQW´PHDQVILUVWHPSOR\PHQWLQDny 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; and

(e) ³VXVSHQVLRQ´PHDQVVXVSHQVion of persons from employment in any process wherein a

dangerous pesticide is manipulated by written certificate in the health register in Form 7

signed by the Medical Officer who shall be competent to suspend all persons employed in

such process.

3. Instruction to workers.- Every worker is his first employment shall be fully instructed

about the propertied including dangerous properties of the chemicals handled in the said

manufacturing process and the hazards involved thereunder. The employees shall also be

instructed about the measures to be adopted to deal with any emergency. Such instructions shall

be repeated periodically.

4. Cautionary notice and placards.- Cautionary notices and placards in the form specified in

appendix II to this Schedule and printed in the language of the majority of the workers 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 workers. Arrangements shall be made by the occupier and the

manager of the factory to periodically instruct the workers regarding the health hazards arising in

the said manufacturing process and the methods of protection therefrom. Such notices shall

include brief instructions regarding the periodical clinical tests required to the undertaken for

protecting health of the workers.

5. Prohibition relating to employment of women or adolescent persons.- No woman or

person below 18 years shall be employed or permitted to work in any room in which the said

manufacturing process is carried on or in any room in which dangerous pesticide is store unless

adequate safeguards have been provided in the manner as prescribed by the Government by

written order under rule 61 of these Rules.

6. Food, drinks and smoking prohibited.- (1) No food, drinks, tabacco, pan or supari shall be

brought into or consumed by any worker 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.

7. Protective clothing and protective equipments.- (1) Protective clothing consisting of long

pants and shirts or overalls with long sleeves and head covering shall be provided for all workers

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 workers employed

in the said manufacturing process.

(b) Where the pesticides contain oil gloves, boots and aprons used shall be made from

synthetic rubber.

(3) Protective clothing and equipment shall be worn by the workers supplied with such

clothing and equipment.

(4) Protective clothing and equipment shall be washed daily both inside and outside if the

workers handle pesticides containing nicotine or phosphorous and shall be washed frequently if

they handle other pesticides.

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(5) Protective clothing and equipment shall be maintained in good repair.

8. Floors and workbenches.- (1) Floors in every workroom where dangerous pesticides are

manipulated shall be of cement or other impervious material giving a smooth surface.

(2) Floors shall be maintained in good repair and shall be provided with adequate slope

leading to a drain and thoroughly washed once a day with hose pipe.

(3) Workbenches where dangerous pesticides are manipulated shall be made of smooth, non-

absorbing material preferably stainless steel and shall be cleaned at least once daily.

9. Spillage and waste.- (1) If a dangerous pesticide during its manipulation splashes or spills

on the workbench, floor or on the protective clothing worn by a worker, immediate action shall

areas or articles.

(2) Cloth, rags, paper or other material soaked or soiled with dangerous pesticide shall be

deposited in a suitable receptacle with tight fitting cover. Contaminated waste shall be destroyed

by burning it 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 or access shall be provided to all parts of the plant for cleaning, maintenance

and repairs.

10. Empty containers used for dangerous pesticides.- Containers used for dangerous pesticide

shall be thoroughly cleaned of their contents and treated with a deactivating agent before being

discarded or destroyed.

11. Manual handling.- (1) A dangerous pesticides shall not be required or allowed to be

manipulated by hand except by means of a long handle scoop.

(2) Direct contact of any part of the body with a dangerous pesticide during its manipulation

shall be avoided.

12. Air space.- In every room in which the said manufacturing process is carried on, there

shall be at least 15 cubic meters of air space, excluding any space occupied by machinery

equipment or any other articles, for any person employed therein, and in computing this air space

no height over 3.5 metres shall be taken into account.

13. Ventilation.- (1) In very 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 in an airtight chamber the following operations

during manipulation of a dangerous pesticide shall not be undertaken without an efficient exhaust

draught-

(a) emptying a container holding a dangerous pesticide;

(b) blending a dangerous pesticide;

(d) changing or filling a dangerous pesticide into a container, tank hopper or machine or

small sized containers.

(e) (i) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the

exhaust draught provided.

(ii) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

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(iii) A report containing particulars of such examination and test shall be maintained in Form

34.

(3) In the event of a failure of the exhaust draught as provided above the said operations shall

be stopped forthwith.

14. Time allowed for washing.- %HIRUHHDFKPHDODQGEHIRUHWKHHQGRIWKHGD\¶VZRUNDW

least ten minutes in addition to the regular rest intervals shall be allowed for washing to each

worker engaged in the manipulation of dangerous pesticide.

(2) Every worker engaged in the manipulation of dangerous pesticides shall have a thorough

ZDVKEHIRUHFRQVXPLQJDQ\IRRGDQGDOVRDWWKHHQGRIWKHGD\¶VZRUN

15. 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 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 place shall have standpipes place 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) Sufficient supply of clean towels made of suitable material shall be provided:

Provided that such towels shall be supplied one for each worker if so ordered by the Inspector.

(5) Sufficient supply of soap and nails brushes shall be provided.

16. Cloakroom.- There shall be provided and maintained for the use of all workers employed

in the factory where the said manufacturing process is carried on.-

(a) a cloakroom for clothing out off during working hours with adequate arrangements

for drying the said clothing, if wet; and

(b) separate and suitable arrangements for the storage of protective clothing provided in

paragraph 7.

17. Messroom.- (1) There shall be provide and maintained for the use of all workers

employed in the factory in which the said manufacturing process is carried on and remaining on

the premises during the rest intervals, a suitable messroom which shall be furnished with-

(a) sufficient tables and benches with back rest, and

(b) adequate means for warming food.

(2) The messroom shall be place under the charge of a responsible person and shall be kept

clean.

18. Manipulation not to be undertaken.- Manufacture or manipulation of a pesticide shall not

be undertaken in any factory unless a certificate regarding its dangerous nature or otherwise is

obtained from the Chief Inspector.

19. Medical examination- (1) (a) Every worker employed in the said manufacturing process

shall be examined by the Medical Officer within seven days of the first employment and no

worker shall be allowed to work unless certified fit for such employment by the Medical Officer.

(b) Every worker employed in the said manufacturing process shall be re-examined by the

Medical Officer at least once in every six months.

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the arrangements for examination of workers employed in the said manufacturing

process after obtaining the consent regarding the arrangements from the Medical

Officer.

(d) A health register in Form 24 containing names of all workers employed in the said

manufacturing process shall be maintained.

(e) No persons whose services have been suspended on health grounds shall be re-

employed without written sanction from the Medical Officer entered in or attached to

the health register.

(2) The Chief Inspector may order suitable clinical test or tests to be carried out at specified

intervals in respect of workers in any factory where such manufacturing process is carried on.

Charges for such test or tests shall be borne by the employer.

20. Medical facilities.- (1) The occupier shall engage a qualified medical practitioner

approved by the Chief Inspector who shall examine and when necessary treat on the premises of

the factory, all workers who are employed in the said manufacturing process, for effects of

excessive absorption of the dangerous pesticides at least once a week.

(2)The occupier shall make necessary arrangement to ensure quick availability of qualified

medical practitioner in emergency.

(3) The occupier shall provide medicines and antidotes and other equipments required for

treatment of excessive absorption of dangerous pesticides.

(4) Records of such examinations and treatments and test shall be maintained in a form

approved by the Chief Inspector and shall be made available to the Inspector for inspection.

(5) Every worker in any factory where the said manufacturing process is carried on, shall

undergo the prescribed examinations, tests and treatments.

21. Exemption.- If in respect of any factory, the Chief Inspector is satisfied that owning to the

exceptional circumstances or the infrequency of the said manufacturing process or for any other

reason which he shall record in writing, all or any of the provisions of this Schedule are not

necessary for the protection of the workers employed in the said factory, he may by a certificate,

in writing, exempt such factory, from all or any of the provisions of such condition as he may

specify therein. Such certificate may at any time be revoked by the Chief Inspector after

recording his reasons thereof.

APPENDIX I

List of dangerous pesticides

Parthion

Diazinon

Hexaethyl tetraphosphate

Tetraethyl pyrophosphate

Tetraethyl ditriopyrosphate

Demeton (systex)

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Schradan (OMPR)

Para-Oxon (E.600)

Methyl Parathion

Dimefox

Sulphotepp

EPN

Nicotine or its compounds

Mercury compounds

Methyl bromide

Cyanides

Chlordane

Endrin

Aldrin

Dieldrin

Texaphene

Dinitro-o-cresol

Arsenical compounds

Cryolite

Pentachlorophenol.

APPENDIX II

CAUTIONARY NOTICE

Insecticides and pesticides.

Chemicals handled in this plant are poisonous substances.

Smoking, eating food or drinking, chewing tobacco in this area is prohibited. No food

stuff or drink shall be brought in this area.

Some of these chemicals may be absorbed through skin and may cause poisoning.

A good bath shall be taken before meals.

A good bath shall be taken at the end of the shift.

Protective clothing and equipments supplied shall be used while working in this area.

Containers of pesticides shall not be used for keeping food stuffs.

Spillage of the chemicals on any part of the body or on the floor or work-bench shall be

immediately washed away with water.

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Clothing contaminated due to splashing shall be removed immediately.

10. Scrupulous cleanliness shall be maintained in this area,

11. Do not handle pesticides with bare hands, use scoops provided with handle.

12. In case of sickness like nausea, vomiting, giddiness, the manager should be informed who

will make necessary arrangements for treatment.

13. All workers shall report for the prescribed medical tests regularly to protect their own

health.

SCHEDULE XXI

Manufacture, handling and usage of benzene and substances containing

Benzene

1. Application.- This Schedule shall apply in respect of factories or parts thereof in which

benzene or substances containing benzene are manufactured, handled or used.

2. Definitions.- For the purpose of this Schedule ±

(a) ³VXEVWDQFHVFRQWDLQLQJEHQ]HQH´PHDQVVXEVWDQFHVZKHUHLQEHQ]HQHFRQWHQWH[FHHGV

SHUFHQWE\YROXPH¶

(b) ³VXEVWLWXWH´PHDQVDFKHPLFDOZKLFKLVKDUPOHVVRUOHVVKDUPIXOWKDQEHQ]HQHDQGFDQEH

used in place of benzene;

working atmosphere; and

(d) ³HIILFLHQWH[KDXVWGUDXJKW´PHDQVORFDOLVHGYHQWLODWLRQHIIHFWHGE\PHFKDQLFDOPHDQVIRU

the removal of gases, vapour and dusts or fumes so as to prevent them from escaping into

the air of any workroom. No draught shall be deemed to be efficient if it fails to remove

smoke generated at the point where such gases, vapours, fumes or dusts originate.

3. Prohibition and substitution .- (1) Use of benzene and substances containing benzene is

prohibited in the following processes.

(a) manufacture of varnishes, paints and thinners; and

(b) cleaning and degreasing operations.

(2) 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.

(3) Where suitable substitutes are available, they shall be used instead of benzene or

substances containing benzene. This provision, however shall not apply to the following

processes:-

(a) production of benzene;

(b) process where benzene is used for chemical synthesis and

(4)The Chief Inspector may, subject to confirmation by the Government, permit exemptions

from the percentage laid down in sub-paragraph 2 (a) and also from the provisions of sub-

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paragraph (3) of this paragraph temporarily under conditions and within limits of time to be

determined after consultation with the employers and workers concerned.

4. Protection against inhalation .- (1) The process involving the use of benzene or

substances containing benzene shall be as far as practicable carried out in an enclosed system.

(2) (i) Where, however, it is not practicable to carry out the process in an enclosed system, the

workroom in which benzene or substance containing benzene are used shall be equipped with an

efficient exhaust draught or other means for the removal of benzene vapours to prevent their

escape into the air of the workroom so that the concentration of benzene in the air does not exceed

25 part per million by volume or 80 milligrams per cubic meter.

(ii) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(iii) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

(iv) A report containing particulars of such examination and test shall be maintained in Form 34.

(3) Air analysis for the measurements of concentration of benzene vapours on air shall be

carried out every 8 hours or at such intervals as may be directed by the Chief Inspector at place

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

vapours in air as measured by air analysis, exceed 25 parts per million by volume or 80

milligrams per cubic meter, the manager shall forthwith report the concentration of the Chief

Inspector stating the reasons for such increase.

(4) Workers 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 sub-paragraph (2) shall be

provided with suitable respirators or face masks. The duration of such exposure shall be limited as

far as possible.

5. Measures against skin contact.-(1) Workers who are likely to come in contact with liquid

benzene or liquid substances containing benzene shall be provided with suitable gloves, aprons,

boots and where necessary vapour tight chemical goggles, made of material not affected by

benzene or its vapour.

(2) The protective wear referred to in sub-paragraph (1) shall be maintained in good

conditions and inspected regularly.

6. Prohibition relating to employment of women and adolescent persons.- No woman or

person below 18 years shall be employed or permitted to work in any workroom involving

exposure to benzene or substances containing benzene unless adequate safeguards have been

provided in the manner as prescribed by the Government by written order under rule 61 of these

Rules.

7. Labelling.- Every container holding benzene or substances containing benzene shall have

WKH ZRUG ³%HQ]HQH´ DQG DSSURYHG GDQJHU V\PEROV FOHDUO\ YLVLEOH RQ LW DQG VKDOO DOVR GLVSOD\

information on benzene content, warning about toxicity and warning about inflammability of the

chemicals.

8. Improper use of benzene.- (1) The use of benzene or substances containing benzene by

workers for cleaning their hands or their work clothing shall be prohibited.

(2) Workers shall be instructed on the possible dangers arising from such misuse.

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9. Prohibition of consuming food, etc in workroom. ± No worker shall be allowed to store or

consume food or drink in the workroom in which benzene or substances containing benzene are

manufactured handled or uses. Smoking and chewing tobacco or pan shall be prohibited in such

workroom.

10. Instructions as regards risks.- Every worker on his first employment shall be fully

instructed on the properties of benzene or substances containing benzene which he has to handle

and of the danger involved thereunder. Workers shall also be instructed on the measures to be

taken to deal with a an emergency.

11. 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 benzene or substance containing benzene are

manufactured, handled or used.

12. Washing facilities, cloakroom and messroom.- In factories in which benzene or

substances containing benzene are manufactured, handled or used, the occupier shall provide and

maintain in a 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 to each individual

worker if so ordered by the Inspector.

(b) A cloakroom with lockers for each worker, having two compartments ± one for street-

clothing and one for work-clothing; and

that where a canteen or other parts arrangements exist for the workers to take their meals,

the requirements of messroom shall be dispensed with.

13. Medical examinations.- (1) Every worker who is to be employed in process involving use

of benzene or substances containing benzene, shall undergo.

(a) a thorough pre-employment medical examination including a blood test for fitness for

employment by a Medical Officer; and

(b) periodical medical examination including blood test and other biological tests at intervals

of every six months by the factory medical officer with the assistance of a laboratory.

(2) Certificates of pre-employment medical examination and periodical medical examination

including tests, shall be entered in a health register in Form 24 which shall be produced on

demand by an Inspector.

(3) (a)

If the factory medical officer on examination at any time is of the opinion that any

worker has developed signs or symptoms of benzene exposure, he shall make a

record of his findings in the said register and inform the manager in writing.

(b)

On receipt of the information from the factory medical officer, the manager of the

factory shall send the worker so found exposed, to the Medical Officer who shall,

after satisfying himself with the findings of the factory medical officer an

conducting necessary examinations, issue orders of temporary shifting of the worker

or suspension of the worker in the process.

(4) The medical examination shall be arranged by the occupier or manager of the factory and

the worker so examined shall not bear any expenses for it.

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APPENDIX

CAUTIONARY NOTICE

Benzene and substances containing benzene

1. Hazards:

(a) Benzene and substances containing benzene are harmful.

(b) Prolonged or repeated breathing of benzene vapours may result in acute or chronic

poisoning.

2. Preventive measures:

(a) Avoid breathing of benzene vapour.

(b) Avoid prolonged or r repeated contact of benzene with the skin.

(d) If any time you are exposed to high concentration of benzene vapours and exhibit signs

and symptoms such as dizziness, difficulty in breathing, excessive excitation and losing

of consciousness, immediately inform your factory manager

(e) Keep all the containers of benzene closed.

(f) Handle, use and process benzene and substances containing benzene carefully in order to

prevent their spillage on floor.

(g) Maintain good housekeeping.

3. Protective equipment:

(a) Use respiratory protective equipment in places where benzene vapours are present in

high concentration.

(b) In emergency, use self generating of oxygen mask or oxygen or air cylinder masks.

your skin and other body parts.

4. First-aid measures in case of acute benzene poisoning.

(a) Removing the clothing immediately if it is wetted with benzene.

(b) If liquid benzene enters the eyes, flush them thoroughly for at least 15 minutes with

clean running water and immediately secure medical attention.

arrives, do the following-

(i) If the exposed person is conscious.

(aa) Move him to fresh air in open.

(bb) Lay him down without a pillow and keep him quite and warm.

(ii) If the exposed person is unconscious

(aa) Lay him down preferably on the left side with the head low.

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(bb)

Remove any false teeth, chewing-gum tobacco or other foreign objects

which may be in his mouth.

(cc) Provide him artificial respiration in case difficulty is being experienced in

breathing.

(dd)

In case of shallow breathing or cyanosis (blueness of skin, lips, ears, finger

nail beds) he should be provided with medical oxygen or oxygen carbon

dioxide mixture. If needed, he should be given artificial respiration. Oxygen

should be administered by a trained person only.

SCHEDULE XXII

Manufacturing process or operations in carbon disulphide plants.

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, refined

and stored. This Schedule is in addition to and not in derogation of any of the provision of the Act

and Rules made thereunder.

2. Construction, installation and operation.- (1) The buildings in which electric furnaces are

installed and carbon disulphide after generation is condensed and refined shall be segregate 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 workers are expose to the risk of any fire or

explosion at any one time.

(2). Every electric furnace and every plant in which carbon disulphide is condensed, refined

and stored with all their fitting and attachments shall be of good construction, sound material and

of adequate strength to sustain the internal pressure to which the furnace or the plant may be

subjected to and shall be so designed that carbon disulphide liquid and gas are in closed system

during their normal working.

(3). The electric furnace supports shall be firmly grouted about 60 centimetres in concrete or

by other effective means.

(YHU\ HOHFWULF IXUQDFH VKDOO EH LQVWDOOHG DQG RSHUDWHG DFFRUGLQJ WR PDQXIDFWXUHV¶

instructions and these instructions shall be clearly imparted to the personnel incharge of

construction and operation.

(5). The instructions regarding observance of correct furnace temperature, sulphur dose,

admissible current or powder consumption and periodical checking of charcoal level shall be

strictly complied with.

3.Electrodes.-(1) where upper ring electrode made of steel are 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 built in the electrodes or through a positive pressure

waterpump.

(2) The arrangements for cooling water referred to in sub-paragraph (1) 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.

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4. Maintenance of charcoal level.- Why 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 or any other effective

arrangement to the satisfaction of the Chief Inspector shall be fitted on the offtake pipe between

the electric furnace and sulphur separator to prevent entry of pieces of charcoal into the

condensers and piping.

6. Rupture discs and safety seal.- (1) 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.

(2) A safety water seal shall be provided and tapped from a point between the charcoal

separator and the sulphur separator.

7. Pyrometer and manometers.- (1) Each electric furnace shall be fitted 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.

(2) Manometers or any other suitable devices shall be provided for indicating pressure-

(a) in the offtake pipe before and after the sulphur separator; and

(b) in primary and secondary condensers.

8. Check valves etc.,- All piping carrying carbon disulphide shall be fitted with check valves,

water seals or some other effective devices at suitable positions so as to prevent gas from flowing

back into any electric furnace in the event of its shut down.

Overheads, storage tank or tanks of adequate capacity shall be provided to ensure supply of

cooling water by direct gravity feed to the condensers in case of emergency such as power shut

down, etc. at least for the duration during which it would be possible to initiate and complete the

procedures for the shut-down of the furnace.

9. Inspection and maintenance of electric furnaces. (1) Every electric furnace shall be

inspected internally by a competent person.

(a) before being placed in service after installation;

(b) before being placed in service after reconstruction or repairs; and

replacing electrodes.

(2) When an electric furnace is shut down for cleaning or de-ashing-

(a) the brick lining shall be checked for continuity and any part found defective

removed;

(b) after removal of any part of the lining referred to in (a) the condition of the shell shall

be closely inspected; and

endangered shall be replaces.

10. Maintenance of records.- The following hourly records shall be maintained in a log book:-

(a) manometer readings at the points specified in sub-paragraph 7 (2)

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(b) gas temperature indicated by pyrometers and all others vital points near the sulphur

separator and primary and secondary condensers.

(d) Primary and secondary voltages and current and energy consumed.

11. Electrical apparatus, wiring and fittings.- All buildings in which carbon disulphide is

refined or stored shall be provided with electrical apparatus, wiring and fittings which shall afford

adequate protection from fire and explosion.

12. Prohibition relating to smoking.- No person shall smoke or carry matched, fire or naked

light or other means of producing a naked light or spark in buildings in which carbon disulphide

is refined or stored, and a notice in the language understood by a majority of the workers shall be

posted in the plant prohibiting smoking and carrying of matches, fire or naked light or other

means of producing naked light or spark into such rooms.

13. Means of escape.- Adequate means if escape shall be provided and maintained to enable

person to move to a safe place as quickly as possible in case of an emergency. At least two

independent staircase of adequate width shall be provided in every building housing the furnaces

at reasonable intervals at opposite ends. These shall always be kept clean of all obstructions and

so designed as to afford easy passage.

14. Warning in case of fire.- There shall be adequate arrangements for giving warnings in case

of fire or explosion which shall operate on electricity and in case of failure of electricity, by some

mechanical means.

15. Fire fighting equipments.- (1) Adequate number of suitable fire extinguishers or other fore

fighting equipment shall be kept in constant readiness for dealing with risks involved and

depending on the amount and nature of materials stored.

(2) Clear instructions as to how the extinguishers or other equipments should be used an

printed in the language which the majority of the workers employed understand, shall be affixed

to each extinguisher or other equipments and the personnel shall be trained in their use.

16. Bulk sulphur.- (1) Open or semi-enclosed spaces for storage of bulk sulphure shall be sited

with due regard to the dangers which may arise from sparks given off by nearby locomotives, etc.

and precautions shall be taken to see that flames, smoking and matched and other sources of

ignition do not come in contact with the clouds of dust arising during handling of bulk sulphur.

(2) All enclosures of 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.

(3) The bulk sulphur in the enclosures shall be handled in such a manner as to minimise the

formation of dust clouds and no flame, smoking and matches or other sources of ignition shall be

employed during handling and non-sparking tools shall be used whenever sulphur is shoveled or

otherwise removed by hand.

(4) No repairs involving flames, heat or use of hands or power tools shall be enclosure where

bulk sulphur is stored.

17. Liquid Sulphur.- Open flames, electric sparks or other sources of ignition, including

smoking and matched, shall be excluded from the vicinity of molten sulphur.

18. Training and supervision.- (1) All electric furnaces and all plants on which carbon

disulphide is condensed, refined or stored shall be under adequate supervision at all times while

the furnaces and plants are in operation.

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(2) Workers in charge of operation and maintenance of electric furnaces and of the plants

shall be properly qualified and adequately trained.

19. Washing facilities.- (1) The occupier shall provide and maintain a clean state and in good

repair, for the use of all persons employed each place under cover with at least one tap or

standpipe, having a constant supply of clean water for every five such persons, the taps or stand-

pipes being spaced not less than 120 centimeters, apart with a sufficient supply of soap and clean

towels, provided that towels shall be supplied to each individual worker if so ordered by the

Inspector.

(2) All the workers employed in the sulphur storage, handling and melting operations shall be

provided with a nail brush.

20. Personal protective equipments.- (1) Suitable goggles and protective clothing consisting

of overalls without pockets, gloves and foot-wear shall be provided for the use of operators.-

(a) when operating valves or cocks controlling fluids; etc.

(b) drawing off of molten sulphur from sulphur pots; and

(2) Suitable respiratory protective equipment shall be provided and stored in the appropriate

place for use during abnormal conditions or in an emergency.

(3) Arrangements shall be made for proper and efficient cleaning of all such protective

equipment.

21. Cloakrooms.- 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 clothes. The accommodation so provide shall be placed in the charge of a

responsible person and shall be kept clean.

22. Unauthorised persons.- Only maintenance and repair personnel, persons directly

connected with the plant operation and those accompanied by authorised persons shall be

admitted into the plant.

SCHEDULE XXIII

Manufacture or manipulation of carcinogenic dye intermediates

1. Application .- This Schedule shall apply in respect of all factories or any part thereof where

processes in which the substances mentioned in paragraph 3, and 4 are formed, manufactured,

handled or used and the processes incidental thereto in the course of which these substances are

formed, are carried on. The processes indicated in this paragraph shall be referred to hereinafter as

³WKHVDLGSURFHVVHV´DQGVXFKDUHIHUHQFHVKDOOPHDQDQ\RUDOOWKHSURFHVVHVGHVFULEHGLQWKLV

paragraph.

2. Definition.- For the purpose of this Schedule the following definitions shall apply, unless

the context otherwise requires.-

(a) ³FRQWUROOHGVXEVWDQFHV´PHDQVFKHPLFDOVXEVWDQFHVPHQWLRQHGLQSDUDJUDSKRIWKLV

Schedule;

(b) ³ILUVW HPSOR\PHQW´ PHDQV ILUVW HPSOR\PHQW LQ WKH VDLG SURFHVVHV DQG DOVR UH-

employment in such processes following any cessation of employment for a continuos

period exceeding three calendar months.

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for the removal of gas, vapour, dust or fume so as to prevent them from escaping into

the air of any place in which work is carried on. No draught, shall be deemed to be

efficient which fails to remove smoke generated at the point where such gas, vapour,

fume or dust originates; and

(d) ³SURKLELWHGVXEVWDQFHV´PHDQVFKHPLFDOVXEVWDQFHVPHQWLRQHGLQSDUDJUDSKRIWKLV

Schedule.

3. Prohibited substances.- For the purpose of this Schedule, the following chemical

substances shall bHFODVVLILHGDV³SURKLELWHGVXEVWDQFHV´H[FHSWZKHQWKHVHVXEVWDQFHVDUHSUHVHQW

or are formed as a bye-product of a chemical reaction in a total concentration not exceeding one

per cent-

(a) beta-naphthylamine and its salts;

(b) benzidine and its salts;

(d) 4-nitro diphenyl and its salts; and

(e) any substance containing any of these compounds.

4. Controlled substances.- For the purpose of this Schedule, the following chemical

VXEVWDQFHVVKDOOEHFODVVLILHGDV³FRQWUROOHGVXEVWDQFHV´

(a) alpha-napthylamine or alpha-naphthylamine containing not more than one per cent of

beta-naphthylamine either as a by-product of chemical reaction or otherwise, and its

salts;

(b) ortho-tolidine and its salts;

(d) dischlorobenzidine and its salts;

(e) auramine; and

(f) magneta.

5. Prohibition of employment.- No person shall be employed in the said processes in any

factory in which any prohibited substances is formed, manufactured, processed, handled or used

except as exempted by the Chief Inspector as stipulated in paragraph 23.

6. Requirements for processing or handling controlled substances.- (1) Wherever any of the

controlled substances referred to in paragraph 4 are formed, manufactured , processed, handled or

used, all practical steps shall be taken to prevent inhalation, ingestion of absorption of the said

controlled substance by the workers while engaged in processing that substances, and its storage

or transport within the plant, or in cleaning or maintenance of the concerned equipment, plant,

machinery and storage areas.

(2) (a) As far as possible all operations shall be carried out in a totally enclosed system.

Wherever such enclosure is not possible, efficient exhaust draught shall be applied at the point

where the controlled substances are likely to escape into the atmosphere during the process.

(b) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

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(d) A report containing particulars of such examination and test shall be maintained in Form 34.

(3) The controlled substances shall be received in the factory in tightly closed containers and

shall be kept so except when these substances are in process or in use. The controlled substances

shall leave the factory only in tightly closed containers of appropriate type. All the containers

shall be plainly labelled to indicate the contents.

7. Personal protective equipment.- (1) the following items or personal protective equipment

shall be provided and issued to every worker employed in the said processes-

(a) long trousers and shirts or overalls with full sleeves and head coverings. The shirt or

overall shall cover the neck completely; and

(b) rubber gum-boots.

(2) The following items of personal protective equipment shall be provided in sufficient

numbers for use by workers employed in the said processes when there is danger of injury during

the performance of normal duties or in the event of emergency-

(a) rubber hand-gloves;

(b) rubber aprons; and

(3) It shall be the responsibility of the manager to maintain all items of personal protective

equipment in a clean and hygienic condition and in good repair.

8. Prohibition relating to employment of women and adolescent persons.- No woman or

person below 18 years shall be employed or permitted to work in any room in which the said

processes are carried on unless adequate safeguards have been provided in the manner as

prescribed by the Government by written order under rule 61 of these Rules.

9. Floors of workroom. ± The floor of every workroom in which the said processes are carried

on shall be ±

(a) smooth and impervious to water provided that asphalt or tar shall not be used in the

composition of the floor,

(b) maintained in a state of good repair,

(d) thoroughly washed daily with the drain water being led into a sewer through a closed

channel.

10. Disposal of empty containers.- Empty containers used for holding controlled substances

shall be thoroughly cleaned of their contents and treated with a deactivating agent before being

discarded.

11. Manual handling.- Controlled substances shall not be allowed to be mixed, filled, emptied

or handled except by means of a scoop with a handle. Such scoop shall be thoroughly cleaned

daily.

12. Instructions regarding risk.- Every worker on his first employment in the said processes

shall be fully instructed about the properties of the toxic chemicals to which he is likely to be

exposed to, of the dangers involved and the precautions to be taken. Workers shall also be

instructed on the measures to be taken to deal with an emergency.

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13. Cautionary placards.- Cautionary placards in the form specified in appendix attached to

this Schedule and printed in the language of the majority of the workers employed in the said

processes shall be affixed in prominent places frequented by them in the factory, where the

placards can be easily and conveniently read. Arrangements shall be made by the manager to

instruct periodically all such workers regarding the precautions contained in the cautionary

placards.

14. Obligations of the workers.- It shall be the duty of the persons employed in the said

processes to submit themselves for the medical examination including exfoliative cytology of

urinary system by the Medical Officer or the qualified medical practitioner as provided for under

these rules.

15. Washing and bathing facilities.- (1) The following washing and bathing facilities shall be

provided and maintained in a clean state and in good repair for the use of all workers employed in

the said processes-

(a) a wash place under cover having constant supply of water and provided with clean

towels, soap and nail brushes and with at least one stand pipe for every five such

workers;

(b) 50 per cent of the stand pipes provided under clause (a) shall be located in bathrooms

where both hot and cold water shall be made available during the working hours of

the factory and for one hour thereafter;

said processes;

(d) clean towels shall be provided individually to each worker; and

(e) in addition to the taps mentioned under clause (a), one stand pipe, in which warm

water is made available, shall be provided on each floor.

(2) Arrangement shall be made to wash factory uniforms and other work clothes everyday.

16. Food, drink, etc. prohibited in workroom.- No worker shall consume food, drink, pan,

supari or tobacco or shall smoke in any workroom in which the said processes are carried on and

no worker shall remain in any such room during intervals for meals or rest.

17. Cloakroom.- There shall be provided and maintained in a clean state and in good repair for

the use of the workers employed in the said processes.

(a) a cloakroom with lockers having two compartments- one for street clothes and the

other for work clothes; and

(b) a place separate from the locker room and the messroom, for the storage of protective

equipment provided under paragraph 7.

The accommodation so provided shall be under the care of a responsible person and shall be

kept clean.

18. Messroom.- There shall be provided and maintained for the use of workers employed in

the said processes who remain on the premises during the meal intervals, a messroom which shall

be furnished with tables and benches and provided with suitable means for warming food.

19. Time allowed for washing.- Before the end of each shift 30 minutes shall be allowed for

bathing for each worker who is employed in the said processes. Further, at least 10 minutes shall

be allowed for washing before each meal in addition to the regular time allowed for meals.

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20. Restriction on age of persons employed.- No worker under the age of 40 years shall be

engaged in the factory in the said processes for the first time after the date on which this Schedule

comes into force.

21. Medical examination:- (1) Every worker employed in the said processes shall be

examined by a Medical Officer within 14 days of his first employment. Such examination shall

include tests which the Medical Officer may consider appropriate and shall include exfoliate

cytology of the urinary system. No worker shall be allowed to work after 14 days of his first

employment in the factory unless certified fit for such employment by the Medical Officer.

(2) Every worker employed in the said processes shall be re-examined by a Medical Officer at

least once in every six months. Such examination shall include tests which the Medical Officer

may consider appropriate but shall include exfoliative cytology of the urinary system,

(3) A person medically examined under sub-paragraph (1) shall be granted by the Medical

Officer a certificate of fitness in Form 24B. Record of each re-examination carried out under sub-

paragraph (2) shall be entered in the certificate. The certificate shall be kept in the custody of the

manager of the factory.

(4) The record of each examination carried out as referred to sub-paragraph (1) and (2)

including the nature and the results of the tests shall be entered by the Medical Officer in a health

(5) The certificate of fitness and the health register shall be kept readily available for

inspection by any Inspector.

(6) If at any time the Medical Officer is of the opinion that a person is no longer fit for

employment in the said processes or in any other work on the ground that continuance therein

would involve damage to his health he shall make a record of his findings in the said certificate

and also in the health register. The entry of his findings in those documents should also include

the period for which he considers that the said person is unfit for work in the said processes or in

any work as the case may be.

(7) No person who has been found unfit to work as said in sub-paragraph (6), shall be re-

employed or permitted to work unless the Medical Officer, after further examination, again

certifies him to be fit for employment.

22.

Medical facilities.- (1) The occupier of every factory in which the said processes

are carried on shall engage a qualified medical practitioner for medical surveillance of the

workers employed in such processes. His appointment shall be subject to approval of the Chief

Inspector.

(2) The occupier shall provide to him all the necessary facilities for the purpose referred to in

sub-paragraph (1).

(3) A record of medical examinations and appropriate tests carried out by the qualified

medical practitioner shall be maintained in a form approved by the Chief Inspector.

23. Exemptions prohibited substances.- (1) The Chief Inspector-cum-Facilitator may be

certificate in writing (which he may at his discretion revoke at any time), subject to such

conditions, if any, as may be specified therein, exempt any process in the course of which any of

the prohibited substances is formed, processed, manufacture, handled or used, from the provisions

of paragraph 5 if he is satisfied that the process is carried out in a totally enclosed and

hermetically sealed system in such a manner that the prohibited substance is not removed from

the system except in quantities no greater than that required for the purposes as is necessary to

ensure that the product is free from any of the prohibited substances.

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(2) The Chief Inspector-cum-Facilitator may allow the manufacture, handling or use of

Benzedrine hydrochloride provided that all the processes in connection with it are carried out in a

totally enclosed system in such a manner that no prohibited substance other than Benzedrine

hydrochloride is removed there from except in quantities no greater than that require for the

purpose of control of the processes of for such purposes as is necessary to ensure that the product

is free from prohibited substances and that adequate steps are taken to ensure that benzidine

hydrochloride except when not in a totally enclosed system, is kept wet with not less than one part

of water to two parts of Benzedrine hydrochloride at all times.

24. Exemptions-general.- If in respect of any factory, the Chief Inspector-cum-Facilitator is

satisfied that owing to the exceptional circumstances or infrequency of the processes or for any

other reason, all or any of the provisions of this Schedule is not necessary for the protection of

the workers in the factory, the Chief Inspector-cum-Facilitator may be certificate in writing

(which he may in his discretion revoke at any time), exempt such factory from all or any of such

provisions subject to such conditions, if any, as he may specify therein.

APPENDIX

CAUTIONARY PLACARD/ NOTICE

Carcinogenic dye intermediates.

Dye intermediates which are nitro-amino derivatives or aromatic hydrocarbons are toxic.

You may be required to handle these chemicals frequently in this factory.

Use the various items of protective wear of safeguard your own health.

Maintain scrupulous cleanliness at all times. Thoroughly wash your hands and feet before

taking meals. It is essential to take a bath before leaving the factory.

Wash off any chemical falling on your body with soap and water. If splashed with a

solution of the chemical, remove the contaminated clothing immediately. These

chemicals are known to produce cynosis. Contact the medical officer or appointed doctor

immediately and get his advice.

Handle the dye intermediates only with long handled scoops, and never with bare hands.

Alcoholic drinks should be avoided as they enhance the risk of poisoning by the

chemicals.

Keep your food and drinks away from work place. Consuming food, drinks or tobacco in

any form at the place of work is prohibited.

Serious effects of the contact with toxic chemicals may result after many years. Great

care must be taken in maintain absolute cleanliness of body, clothes, machinery and

equipment.

SCHEDULE XXIV

Operations involving high noise and vibration levels

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.

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2. Definitions.- For the purpose of this Schedule, -

(a) ³QRLVH´PHDQVDQ\XQZDQWHGVRXQG

(b) ³KLJKQRLVHOHYHO´PHDQVDQ\QRLVHOHYHOPHDVXUHGRQWKH$-weighted scale is 85 dB or

above;

VFDOHXVHGWRH[SUHVVWKHUDWLRRIWZRVSHFLILHGRULPSOLHGTXDQWLWLHVWKHQXPEHURI³%HOV´

denoting such a ratio being the logarithm to the base of 10 of this ratio. The noise level

(or the sound pressure level) 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) ³IUHTXHQF\´LVWKHUDWHRISUHVVXUHYDULDWLRQVH[SUHVVHGLQF\FOHVSHUVHFRQGRUKHW]

(e) ³G%$´UHIHUVWRVRXQGOHYHOLQGHFLEHOVDVPHDVXUHGRQ a sound level meter operating on

the A-weighting net work with slow meter response;

(f) ³$-ZHLJKWLQJ´PHDQVPDNLQJJUDGHGDGMXVWPHQWVLQWKHLQWHQVLWLHVRIVRXQGRIYDULRXV

frequencies for the purpose of noise measurement so that the sound pressure level

measured by an instrument reflects 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 worker is exposed to sound levels

exceeding the maximum permissible noise exposure levels specified in Tables 1 and 2.

TABLE 1

Permissible exposure in cases of continuous noise

Total time of exposure (continuous or short

term exposures) per day in hours.

(1)

Sound pressure level in dBA

(2)

1½

100

102

105

110

Notes: (A) No exposure in excess of 110 dBA is to be permitted

(B) For any period of exposure falling in between any figure and the next higher or lower

figure as indicated in column 1, the permissible sound pressure level is to be

determined by extrapolation on a proportionate basis.

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TABLE 2

Permissible exposure levels of impulsive or impact noise.

Peak sound pressure level in dB

(1)

Permitted number of impulses or impacts per

day

(2)

140

100

135

315

1,000

125

3,160

120

10,000

Notes: (A) No exposure in excess of 140dB peak sound pressure level is permitted.

(B) For any peak sound pressure level falling in between any figure and the next higher or

lower figure 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 purpose of this 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 2 would apply.

(3) When the daily exposure is composed of two or more periods of noise exposure at

different levels their combined effect should be considered rather than the individual effect

of each. The mixed exposure should be considered to exceed the limit value if the sum of

the fractions

T1⁺

T1^«««

Tn^{exceeds unity,}

Where the C1, C2 etc indicate the total time of actual exposure at a specified noise level

and T1 T2, etc denote the time of exposure of less than 85 dBA may be ignored in the

above calculation.

(4) Where it is not possible to reduce the noise level exposure to the levels specified in sub-

clause (1) by reasonable practicable engineering control or administrative measures, each

worker so exposed shall be provided with suitable ear protectors as per relevant National

or International Standards so as to reduce the exposure to noise to the levels specified in

sub-clause (1).

(5) (1) The Occupier shall provide personal hearing protectors to the workers.

(a) so as to eliminate the risk to hearing or to reduce the risk to as low a level as is

reasonably practicable.

(b) after consultation with the employees concerned or their representative.

effectiveness and are maintained in good working order and repair.

(d) and ensure that workers are given periodical training in the use, care and maintenance

of the personal hearing protectors.

(6) (a) Where the ear protectors worn by a worker cannot still attenuate the noise reaching

near his ear, as determined by subtracting the attenuating value in dBA of the ear

protectors concerned from the measured sound pressure level, to a level permissible under

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Table 1 or Table 2, as the case may be, the noise exposure period shall be suitably reduced

to correspond to the permissible noise exposures specified in sub-clause (1).

(b)Every worker employed in areas where the noise exceeds the maximum permissible

exposure level specified in sub-clause (1) shall be subjected to any auditory examination

by a Medical Officer within 14 days of his first employment and thereafter, shall be re-

examined at least once every 12 months. Such initial and periodical examinations shall

include tests which the Medical Officer may consider appropriate and shall include

determination of auditory thresholds for pure tones of 125, 250, 500, 1000, 2000, 4000

and 8000 cycles per second.

Part ± B. High Vibration Levels:

1. Applications. -

This part of the Schedule shall apply to all operations in any manufacturing process having

high vibrations.

2. Definitions. -

(a) ³GDLO\H[SRVXUH´PHDQVWKHTXDQWLW\RIPHFKDQLFDOYLEUDWLRQWRZKLFKDZRUNHULVH[SRVHG

during a working day, which takes account of the magnitude and duration of the

vibration;

(b) ³9LEUDWLRQ´ PHDQV D PHFKDQLFDO SKHQRPHQRQ ZKHUH E\ RVFLOODWLRQV RFFXU DERXW

equilibrium point. The oscillations may be periodic or random;

value specified in clause (3);

(d) ³H[SRVXUHDFWLRQYDOXH´PHDQVWKHOHYHORIGDLO\H[SRVXUHVHWRXWLQFODXVH (3) for any

worker which if reached or exceeded, requires specified action to be taken to reduce risk;

(e) ³H[SRVXUHOLPLWYDOXH´PHDQVWKHOHYHORIGDLO\H[SRVXUHIRUDQ\ZRUNHUZKLFKPXVWQRW

be exceeded, as specified in sub clause (3);

(f) ³KDQG-DUPYLEUDWLRQ´means mechanical vibration which is transmitted into the hands and

arms during a work activity;

(g) ³PHFKDQLFDOYLEUDWLRQ´PHDQVYLEUDWLRQRFFXUULQJLQDSLHFHRIPDFKLQHU\RUHTXLSPHQWRU

in vehicle as a result of its operations; and

(h) ³ZKROH-ERG\YLEUDWLRQ´PHans mechanical vibration which is transmitted into the body

when seated or standing through the supporting surface, during a work activity as stated in

sub-clause 3(2).

3. Exposure limit values and action values. -

(1) For hand-arm vibration, ±

(a) The daily exposure limit value is 5 m/s2 A(8)

(b) The daily exposure action value is 2.5 m/s2A(8) and daily exposure shall be

ascertained on the basis set out in the relevant National /International Standards

specified in table 1 below.

(2) For whole body vibration, ±

(a) The daily exposure limit value is 1.15 m/s2A(8);

(b) The daily exposure action value is 0.5 m/s 2A (8), and daily exposure shall be

ascertained on the basis set out in the relevant National /International Standards.

Table 1

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

direction of axes in the three dimensional system shall be as given below:

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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 carry out work which is liable to expose any worker to vibration shall

make a suitable and sufficient 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 that the change in the process

makes the earlier risk assessment no longer valid.

5. Engineering control measures.-

(1) The occupier shall ensure that risk from the exposure of workers to vibration is either

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

as is reasonably practicable.

(2) Where it is not reasonably practicable to eliminate risk at source and an exposure action

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

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

engineering control measures which are appropriate to this type of activity.

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

(a) Work equipment of appropriate ergonomic design which, taking account of the work

to be done, produces the least possible vibration.

(b) The provision of auxiliary equipment which reduces the risk of injuries caused by

vibration; and install appropriate maintenance programmes for work equipment, the

work place and the workplace systems.

(4) The employer shall ensure that his employees are not exposed to vibration above an

exposure limit value; and shall take necessary steps 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 employee 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 limit value and that

the risk is reduced to as low a level as is reasonably practicable taking into account the

special circumstances.

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6. Medical Examination.-

(1) The occupier shall ensure that the workers who are likely to be exposed to vibration at

above exposure action value are subjected to periodical medical examination once in a

year. The medical examination shall include general and physical examination as well as

VSHFLDOWHVWE\5H\QDXG¶VSKHQRPHQRQ

(2) The health record of workers shall be maintained by the occupier for a period of 5 years

from the date of last test and shall be produced to the Inspector of Factories on demand.

(3) If, at any time the Medical Officer/Factory Medical Inspector is of the opinion that the

worker is no longer fit to work in the said process on the ground that continuance daring

would involve danger to the health of the worker he shall make a record of his findings in

the said certificate and health register. The entry of his findings in those documents shall

also include the period for which he considers that the said person is unfit for work in the

same processes. The person declared unfit in such circumstances shall be provided with

alternate placement facility unless he is fully incapacitated in the opinion of the Medical

Officer in which case the person affected shall be suitably rehabilitated.

7. Personal Protective Equipment. -

(1) The Occupier shall ensure that the worker who are likely to be exposed to high level of

vibration are provided with appropriate Personal Protective Equipment and protective

clothing confirming to national and international standards. Such Personal Protective

Equipment shall include hand gloves and safety shoes. The protective clothing shall be

able to protect the workers from cold and dump.

(2) The occupier shall ensure that workers are given periodical training in the use care and

maintenance of the Personal Protective Equipment.

8. Administrative Control Measures. -

(1) The occupier shall ensure that as far as reasonably practicable all necessary control

measures are taken to ensure that the unwanted vibrations does not affect the health of the

workers employed in the process to which this part of Schedule apply.

(2) The occupier shall provide all workers with information, instructions and training so as to

follow the exposure limit values and action values as set out in clause (3).

(3) Without prejudice to the generality of sub-clause (2), the information, instructions and

training provided shall include, -

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

(b) safe working practices to minimize exposure to vibration; and

may be used correctly and safely in order to minimize their exposure to vibration;

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

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

(f) the information, instructions and training required shall be updated to take account of

significant changes in the type of work carried out or the working methods used by the

employer.

(4) The occupier shall display pictorial cautionary notices/warning, signs at conspicuous

places where there are possibilities of workers being exposed to undesired high vibrations.

9. Prohibition in employment of women, young persons and persons with disabilities. -

No women or young person or persons with disabilities shall be employed in the process

covered by this part of the Schedule.

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Exemptions.- If, in respect of any factory, the Chief Inspector is satisfied that owing to any

exceptional circumstances, or infrequency of the process, or for any other reason, application of

all or any of the provisions of this schedule is not necessary for the protection of the persons

employed in such factory, he may, with prior approval of the Government, by an order in writing,

which he may at his discretion revoke, exempt such factory from all or any of the provisions of

WKLV6FKHGXOHRQVXFKFRQGLWLRQVDQGIRUVXFKSHULRGDVKHPD\VSHFLI\LQWKHVDLG2UGHU´

SCHEDULE XXV

Manufacture of Rayon by Viscose Process

1. Definitions.- For the purpose of this Schedule:-

³DSSURYHG´PHDQVDSSURved for the time being in writing by the Chief Inspector;

³EUHDWKLQJDSSDUDWXV´PHDQVDKHOPHWRUIDFHSLHFHZLWKQHFHVVDU\FRQQHFWLRQVE\PHDQV

of which the person using it is a poisonous, asphyxiating or irritant atmosphere, breathes

unpolluted air;

³FKXUQ´PHDQVWKHYHVVHOLQZKLFKDONDOL&HOOXORVHSXOSLVWUHDWHGZLWKFDUERQGLVXOSKLGH

³GXPSLQJ´PHDQVWUDQVIHURIFHOOXORVH[DPWKDWHIURPDGU\FKXUQWRDGLVFRYHU

³HIILFLHQWH[KDXVW´PHDQVORFDOL]HGYHQWLODWLRQE\PHFKDQLFDOPHDQVIRUWKHUemoval of

any gas or vapour so as to prevent tit from escaping into the air of any place in which

work is carried on. No draught shall be deemed to be efficient if it fails to control

effectively any gas or vapour generated at the point where such gas or fume originates;

³IXPHSURFHVV´PHDQVDQ\SURFHVVLQZKLFKFDUERQGLVXOSKLGHRUK\GURJHQVXOSKLGHLV

produced, used or given off;

³OLIHEHOW´PHDQVDEHOWPDGHRIOHDWKHURURWKHUVXLWDEOHPDWHULDOZKLFKFDQEHVHFXUHO\

fastened round the body with a suitable length of rope attached to it, each of which is

sufficiently strong to sustain the weight of a man.

³SURWHFWLYHHTXLSPHQW´PHDQVDSURQJRJJOHVIDFHVKLHOGVIRRWZHDUJORYHVDQGRYHUDOOV

made of suitable materials.

2. Ventilation - (1) In all work rooms where a fume process is carried on, adequate ventilation by

natural or mechanical means shall be provided so as to control, in association with other control

measures, the Concentration of Carbon-disulphide and hydrogen sulphide in the air of every work

environment within the permissible limits.

(2) (i) Notwithstanding the requirements in sub-paragraph (1) an efficient exhaust draught

shall be provided and maintained to control the concentration of Carbon-di-sulphide and

hydrogen sulphide in the air at the following locations:-

(a) dumping hoppers of dry churns,

(b) spinning machines;

(d) Hydro-extractors for yarn cakes,

(e) after treatment processes, and

(f) spin baths.

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(ii) The exhaust draught appliance shall be examined and tested by a competent person once

within a period of twelve months so as to ascertain and maintain the effectiveness of the exhaust

draught provided.

(iii) Any defect disclosed by such examination and test shall be rectified as soon as practicable.

(iv) A report containing particulars of such examination and test shall be maintained in Form 34.

(3) In so far as the spinning machines and trio rollers and cutters used in staple fiber spinning are

concerned, they shall be, for the purpose of ensuring the effectiveness of the exhaust draught to be

provided as required in sub-paragraph (2), enclosed as fully as practicable and provided with

suitable shutters in sections to enable the required operations to be carried out without giving rise

to undue quantities of Carbon-di-sulphide and hydrogen sulphide escaping to the work

environment.

(4) No dry churn shall be opened after completion of reaction without initially exhausting the

residual vapours of Carbon-di-sulphide by operation of a suitable and efficient arrangement for

exhausting the vapours which shall be continued to be operated as long as the churn is kept

opened.

(5) Whenever any ventilation apparatus normally required for the purpose of meeting the

requirements in sub-paragraphs (2), (3) and (4) is ineffective, fails, or is stopped for any purpose

whatsoever, all persons shall be required to leave the work area where the equipment or processes

specified in the above said sub-paragraphs are in use, as soon as possible, and in any case not later

than 15 minutes after such an occurrence.

(6) (i) All ventilating systems provided for the purposes as required in sub-paragraphs (2),

(3) and (4) shall be examined and inspected once every week by a responsible person.

It shall be thoroughly examined and tested by a competent person once in every

period of 12 months. Any defects found by such examinations or test shall be

rectified forthwith.

(ii) A register containing particulars of such examinations and tests, and the state of the

systems and the repairs or alterations (if any) found to be necessary shall be kept and

shall be available for inspection by an Inspector.

3. Waste from spinning machines.- waste yarn from the spinning machines shall be deposited in

suitable containers provided with close fitting covers Such waster shall be disposed off as quickly

as possible after decontamination.

4. Lining of dry churns.- The inside surface of all dry churns shall be coated with a non-sticky

paint so that cellulose xanthate will not stick to the surface of the churn. Such coating be

maintained in good conditions.

5. Air monitoring.- (1) To ensure the effectiveness of the control measures, monitoring of

Carbon-di-sulphide and hydrogen sulphide in air shall be carried out once at least in every shift

and the record of the results so obtained shall be entered in a register specially maintained for the

purposes.

(2) For the purpose of the requirement in sub-paragraph (1), instaneous gas detector tubes

shall not be used. Samples shall be collected over duration of not less than 10 minutes and

analysed by an approved method. The locations where such monitoring is to be done shall be as

directed by the Inspector.

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(3) If the concentration of either carbon disulphide or hydrogen sulphide exceeds the

permissible limits for such vapour or gas as laid down in rule 138. Suitable steps shall be taken

for controlling the concentration in air of such contaminants. A report of such occurrences shall

be sent to the Chief Inspector forthwith.

6. Prohibition to remain in fume process room.- No person during his intervals for meal, or rest

shall remain in any room wherein fume process is carried on.

7. Prohibition relating to employment of adolescent persons.- No young person shall be employed

or permitted to work in any fume process or in any room in which any such process is carried on

unless adequate safeguards have been provided in the manner as prescribed by the Government by

written order under rule 61 of these Rules.

8. Protective equipments.- (1) The occupier shall provide and maintain in good conditions

protective equipments as specified in the table for use of person employed in the processes

referred to therein.

TABLE

Process

Protective Equipment

Damping

Overalls,

face-shields,

gloves

and

footwear all made of suitable materials.

Spinning

Suitable aprons, gloves and footwear

Process involving or likely to involve

contact with viscose solution

Suitable gloves and footwear

Handling of Sulphur

Suitable chemical goggles.

Any other process involving contact

with hazardous chemicals

Protective

equipments

may

directed by the Chief Inspector by an

order in writing.

(2) A suitable room, rooms or lockers shall be provided exclusively for the storage of all

the protective equipment supplied to workers and no such equipments shall be stored at any place

other than the room, rooms or lockers so provided.

9. Breathing apparatus etc.- (1) There shall be provided in every factory where fume process is

carried in, sufficient supply of²

(a) breathing apparatus,

(b) Oxygen and suitable appliances for its administration, and

(2) (i) The breathing apparatus and other appliances referred to in sub-paragraph (1) shall

be maintained in good condition and kept in appropriate locations so as to be readily

available.

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(ii) The breathing apparatus and other appliances referred to in clauses (a) and (b) of

sub-paragraph (1) shall be cleaned and disinfected at suitable intervals and

thoroughly inspected once every month by a responsible person.

(iii) A record of the maintenance and of the condition of the breathing apparatus and

other appliances referred to in sub-paragraph (1) shall be entered in a registered

provided for that purpose which shall be readily available for inspection by an

Inspector.

(3) Sufficient number of workers shall be trained and periodically retrained in the use of

breathing apparatus and administering artificial respiration so that at least 3 such trained persons

would be available during all the working hours in each room in which fume process is carried

on.

(4) Breathing apparatus shall be kept properly labelled in clean, dry, light-proof cabinets and

if liable to be affected by fumes, shall be protected by placing them in suitable containers.

(5) No persons shall be employed to perform any work specified in sub-paragraph (1) for

which breathing apparatus is necessary to be provided under the sub-paragraph, unless he has

been fully instructed in the proper use of that containers.

(6) No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn

by 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.

10. Electric fittings.- All electric fittings in any room in which carbon-disulphide is produced,

used or given off or is likely to be given off into the work environment, other than a spinning

room, shall be of flame-proof construction and all electric conductors shall either be enclosed in

metal conduit of be lead-sheathed.

11. Prohibition relating to smoking, etc. - No person shall smoke or carry matches, fire or naked

light or other means of producing a naked light or spark in a room in which fume process is

carried on. A notice in the language understood by the majority of the workers shall be pasted in

prominent locations in the plant prohibiting smoking and carrying of matches, fire or naked light

or other means of producing naked light or spark into such room:

Provided that fire, naked light or other means of producing a naked light or spark may be carried

on in such room only when required for the purposes of the process itself under the direction of a

responsible person.

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 25 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) Sufficient supply of clean towels made of suitable material shall be provided.

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Provided that such towels shall be supplied individually for each worker if so ordered by the

Inspector.

(5) Sufficient supply of soap and nails brushes shall be provided.

13. Rest room:- (1) A rest room shall be provided for the workers engaged in doffing operations

of filament yarn spinning arrangement.

(2) Such rest room shall be provided with fresh air supply and adequate seating arrangement.

14. Cautionary notice and instruction.- (1) The following cautionary notice shall be prominently

displayed in each fume process room.

³&DXWLRQDU\1RWLFH´

1. Carbon disulphide (CS2) and Hydrogen Sulphide (H2S) which may be present in this

room are hazardous to health.

2. Follow safety instructions.

3. Use protective equipment and breathing apparatus as and when required.

4. 6PRNLQJLVVWULFWO\SURKLELWHGLQWKLVDUHD´

This notice shall be in a language understood by the majority of the workers and displayed where

it can be easily and conveniently read. If any worker is illiterate, effective steps shall be taken to

explain carefully to him the contents of the notice so displayed.

(2) Arrangements shall be made to instruct each worker employed in any room in which

fume process is carried on regarding the health hazardous connected with their work and the

preventative measures and methods to protect themselves. Such instructions shall be given on his

first employed and repeated periodically.

(3) Simple and special instruments shall be framed to ensure that effective measures will be

carried out in case of emergency involving escape of carbon disulphide and hydrogen sulphide.

These instructions shall be displayed in the concerned areas and workers shall be instructed and

trained in the actions to be taken in such emergencies.

15. Medical facilities and records of examinations and tests:-

(1) The occupier of each factory to which this schedule applies, shall -

(a) employ a qualified medical officer for medical surveillance of the workers

employed in the fume process whose employment shall be subject to the approval of

the Chief Inspector of Factories; and

(b) provide to the said medical officer 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

officer shall be maintained in a separate register approved by the Chief Inspector of factories,

which shall be kept readily available for inspection by the Inspector.

16. Medical Examination by the Medical Officer.- (1) Every worker employed in the fume

process shall be examined by a Medical Officer within 15 days of his first employment. Such

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examinatic shall include tests for estimation of exposure coefficient (iodine azide test on urine),

and cholesterol as well as Electrocardiogram (ECG) and Central Nervous System (CNS) tests. No

worker shall be allowed to work after 15 days of his certified fit for such employment by the

Medical Officer.

(2) Every worker employed in the fume process shall be re-examined by a Medical Officer at

least once in every twelve months. Such examinations shall, wherever the Medical Officer

considers appropriate, include all the tests as specified in sub-paragraph (1)

(3) The Medical Officer after examining a worker shall issue a Certificate of Fitness in Form

24B. The record of re-examinations carried out shall be entered in the Certificate and the

Certificate shall be kept in the custody of the Manager of the factory. The record of each

examination carried out under sub-paragraphs (1) and (2) including the nature and the results of

the tests shall also be entered by a Medical Officer in a health register in Form 24.

(4) The Certificate of Fitness and the Health register shall be kept readily available for

inspection by the Inspector.

(5) If at any time the Medical Officer is of opinion that a worker is no longer fit for

employment in the fume process on the ground that continuance therein would involve special

danger to the health of the worker, he shall make record of his findings in the said certificate and

the Health register. The entry of his findings in those documents should also include the period

for which he considers that the said person is unfit for work in the fume process.

(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 fume process unless the Medical Officer, after further

examination again certified him fit for employment in such.

17. Exemptions.- If in respect of any factory, the Chief Inspector is satisfied that owing to the

exceptional circumstances or infrequency of the processes or for any other reason, all or any of

the provisions of this Schedule is not necessary for 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 discretion revoke at any time, exempt such factory from all or any of

such provisions subject to such conditions, if any, as he may specify therein.

SCHEDULE XXVI

Handling and Processing of Highly Flammable Liquids and Flammable

Compressed Gases

1. Application.- These rules will be applicable to all factories where highly flammable liquids or

flammable compressed gases are manufactured, stored, handled or used.

2. Definition.- For the purpose of this schedule-

(a) ³KLJKO\ IODPPDEOH OLTXLG´ PHDQV DQ\ OLTXLG LQFOXding its solution, emulsion or

suspension which when tested in a manner specified by sections 14 and 15 of the

Petroleum Act, 1934 (Central Act 30 of 1934), gives off flammables vapour at a

temperature less than 32 degrees centigrade;

(b) ³IODPPDEOHFRPSUHVVHGJDV´PHDQVIODPPDEOHFRPSUHVVHGJDVDVGHILQHGLQVHFWLRQRI

the Static and Mobile pressure Vessels (unfired) Rules, 1981 framed under the Explosives

Act. 1884.

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3. Storage.- (1) Every flammable liquid of flammable compressed gas used in every factory shall

be stored in suitable fixed storage tank, or in suitable closed vessel located in a safe position

under the ground, in the open or in a store room of adequate fire resistant construction.

(2) Except as necessary for use, operation or maintenance, every vessel or tank which

contains or had contained a highly flammable liquid or flammable compressed gas shall be

always kept closed and all reasonably practicable steps shall be taken to contain or immediately

drain off to a suitable container any spill or leak that may occur.

(3) Every container, vessel, tank, cylinder, or store room used for storing highly flammable

OLTXLGRUIODPPDEOHFRPSUHVVHGJDVVKDOOEHFOHDUO\DQGLQEROGOHWWHUVPDUNHG³'DQJHU-Highly

)ODPPDEOH/LTXLG´RU'DQJHU-Flammable ComSUHVVHG*DV´

4. Enclosed systems for conveying Highly Flammable Liquids.- Wherever it is reasonably

practicable, highly flammable liquids shall be conveyed within a factory in totally enclosed

systems consisting of pipes lines, pumps and similar appliances from the storage tank or vessel to

the point of use. Such enclosed systems shall be so designed, installed, operated and maintained

as to avoid leakage or the risk of spilling.

5. Preventing Formation of Flammable Mixture with Air.- Wherever there is a possibility for

leakage or spill of highly flammable liquid or flammable compressed gas from an equipment, pipe

line, valve, joint or other part of a system , all practicable measures shall be taken to contain,

drain or dilute such spills or leakage as to prevent formation or flammable mixture with air.

6. Prevention of Ignition.- (1) In every room, work place or other location where highly

flammable liquid or flammable combustible gas is stored, conveyed, handled or used or where

there is danger of fire or explosion from accumulation of highly flammable liquid from

accumulation of highly flammable liquid or flammable compressed gas in air, all practicable

measures shall be taken to exclude the sources of ignition. Such precautions shall include the

following:-

(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) Effective measures shall be adopted for prevention of accumulation of static charges

to a dangerous extent:

any other exposed ferrous materials which is likely to cause sparks by friction;

(d) Smoking, lighting or carrying of material 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 flames, frictions sparks,

overheated surface of machinery or plants, chemical or physical-chemical reaction

and radiant heat.

7. Prohibition of smoking.- No person shall smoke in any place where highly flammable liquid

or flammable compressed gas is present in circumstances that smoking would give rise to a risk

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of fire. The occupier shall take all practicable measures to ensure compliance with this

requirements including display of a bold notice indicating prohibition of smoking at every place

where this requirement applies.

8. Fire Fighting.- In every factory where highly flammable liquid or flammable compressed gas

is manufactured, stored, handled or used, appropriate and adequate means

of fighting a fire shall be provided. The adequacy and suitability of such means which expression

includes the fixed and portable fire extinguishing systems, extinguishing material, procedures

and the process of fire fighting, shall be to the standards and levels prescribed by the Indian

Standards applicable, and in any case not inferior to the stipulations under the rules framed by the

Central Government or the Government.

9. Exemptions.- If in respect of any factory, the Chief Inspector-cum-Facilitator is satisfied that

owing to the exceptional circumstances or infrequency of the processes or for any other reasons,

all or any of the provision of this Schedule is not necessary for protection of the workers in the

discretion revoke at any time, exempt such factory from all or any of such provisions subject to

such conditions if any, as he may specify therein.

SCHEDULE XXVII

Operations in Foundries

1. Application.- Provisions of this Schedule shall apply to all parts of factories where any of the

following operations or process are carried on:

(a) the production of iron castings or, as the case may be steel castings by casting in moulds

made of sand, loam, moulding composition or other mixture of materials, or by shell

moulding, or by centrifugal casting and process incidental to such production.

(b) The production of non-ferrous casting by casting metal in moulds made of sands, loam,

metal, moulding composition or other material or mixture of materials or by shell

mouldings, die-casting (including pressure die-chasting), centrifugal casting or

continuous casting and any process incidental to such production; and

and other similar products, and the stripping thereof;

but shall not apply with respect to-

(a) any process with respect to the melting and manufacture of lead and the electric

accumulators.

(b) Any process for the purpose of a printing works; or

incidental to such operation; or

(d) The production of steel in the form of ingots; or

(e) Any process in the course of the manufacture of solder or any process incidental to such

manufacture ; or

(f) The melting and casting of lead or any lead-based alloy for the production of ingots,

billets, slabs or other similar products or the stripping thereof, or any process incidental to

such melting, casting or stripping.

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2. Definition.- For the purpose of this Schedule,-

(a) µDSSURYHGUHVSLUDWRU¶PHDQVDUHVSLUDWRURIDW\SHDSSURYHGE\WKH&KLHI,QVSHFWRU

(b) µFXSRODRUIXUQDFH¶LQFOXGHVDUHFHLYHUDVVRFLDWHGWKHUHZLWK

cores, runners, risers, flash and other surplus metal from a casting and the production of

reasonably clean and smooth surface, but does not include.-

(a) the removal of metal from a casting when performed incidentally in connection

with the machining or assembling of casting other they have been dressed or

fettled, or

(b) any operation which is a knock-out operation within the meaning of this

Schedule;

(d) µIRXQGU\¶PHDQVWKRVHSDUWVof a factory in which the production of iron or steel or non-

ferrous castings (not being the production of pig iron or the production of steel in the

form if ingots) is carried on by casting in moulds made of sand, loam, moulding

composition or other mixture of materials, or by shell moulding or by centrifugal casting

in metal moulds lined with sand, or dye casting including pressure dye castings, together

with any part of the factory in which any if the following processes are carried on as

incidental processes in connection with and in the course of, such production, namely, the

preparation and mixing of materials used in foundry process, the preparation of moulds

and cores, knockout operations and dressing or fettling operations;

(e) µNQRFN-out operation¶ PHDQV DOO PHWKRGV RI UHPRYLQJ FDVWLQJV IURP PRXOGV DQG WKH

following operations, when done in connection therewith, namely, stripping, coring-out

and the removal if runners and risers;

(f) ³SRXULQJDLVOH¶PHDQVDQDLVOHOHDGLQJIURPDPDQJDQJZD\RUGLUHctly from a cupola or

furnace to where metal is poured into moulds.

3. Prohibition of use of certain materials as parting materials.- (1) a material shall not be used as

a parting material if tie is a material containing compounds of silicon calculated as silica to the

extent of more than 5 per cent by weight of the dry material.

Provided that this prohibition shall not prevent the following being used as a parting material if

the material does not contain an admixture of any other silica-

(a) zirconium silicate (Zircon)

(b) calcined china clay

(d) sillimanite

(e) calcined or fused alumina

(f) olivine

(g) natural sand.

(2) Dust or other matter deposited from a fettling or blasting process shall not be used as a

parting material or as a constituent in a parting material.

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4. Arrangement and storage. ± For the purposes of promoting safety and cleanliness in

workrooms the following requirements shall be observed:-

(a) moulding boxes, Loam plates, ladles, patterns, pattern plates, frames, boards, box

weights, and other heavy articles shall be so arranged and placed as to enable work to be

carried on without unnecessary risk;

(b) suitable and conveniently accessible racks, bins or other receptacles shall be provided and

used for the storage of other gear and tools;

provided for the purpose of such storage.

5. Construction of floors.- (1) Floor of indoor workplaces in which the processes are carried on,

other than parts which are of sand, shall have an even surface of hard material.

(2) No part of the floor or any such indoor workplace shall be of sand except where this is

necessary by reason of the work done.

(3) All parts of the surface of the floor of any such indoor workplace which are of sand

shall, so far as practicable, be maintained in an even and firm condition.

6. Cleanliness of indoor workplaces.- (1) All accessible parts of the walls of every indoor

workplaces in which the processes are carried in and of everything affixed to those walls shall be

effectively cleaned by a suitable method to a height of not less than 4.2 metres from the floor at

least once in every period of fourteen months. A record of the carrying out of every such effective

cleaning in pursuance this paragraph including the date (which shall be not less than five months

not more than nine months after the last immediately preceding washing, cleaning or other

treatment) shall be properly maintained.

(2) Effective cleaning by a suitable method shall be carried out at least once every

working day of all accessible parts of the floor of every indoor workplace in which the processes

are carried on, other than parts which are of said; and the parts which are of sand be kept in good

order.

7. Manual operations involving molten metal.- (1) There shall be provided and properly

maintained for all persons employed on manual operations involving molten metal with which

they are liable to be splashed, a working space for that operation ±

(a) which is adequate for the safe performance of the work; and

(b) which, so far as reasonably practicable, is kept free from obstruction.

(2) Any operation involving the carrying by hand of a container holding molten metal shall

be performed on a floor all parts of which where any person walks while engaged in the operation

shall be at the same level:

provided that, where necessary to enable the operation to be performed without undue risk,

nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a

different level from the floor, being a space on provided with a safe means of access from the

floor for any person while engaged in the operation.

8. Gangways and pouring aisles ± (1) In every workroom to which this paragraph applies,

whether constructed, reconstructed or converted for use as such after the making of this Schedule

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and so far as reasonably practicable, in every other workroom to which this paragraph applies,

sufficient and clearly defined main gangways shall be provided and properly maintained which ±

(a) shall have an even surface of hard material and shall, in particular, not be of sand or have

on them more sand than is necessary to avoid risk of flying metal from accidental

spillage;

(b) shall be kept, so far as reasonably practicable, free from obstruction;

(d) if used for carrying molten metal shall be ±

(i) where truck ladles are exclusively, at least 600 milliteres wider than the overall

width of the ladle;

(ii) where hand shanks are carried by not more than two men, at least 920 millimetres

in width;

(iii) where hand shanks are carried by more than two men, at least 1.2 metres in width;

and

(iv) where used for simultaneous travel in both directions by men carrying hand shanks,

at least 1.8 metres in width.

(2) In workroom to which this paragraph applies, whether constructed, reconstructed or

converted for use as such after the making of this Schedule, sufficient and clearly defined pouring

aisles shall be provided and properly maintained which ±

(a) shall have an even surface of hard material and shall, in particular, not be of sand or have

on them more sand than is necessary to avoid risk of flying metal from accidental

spillage;

(b) shall be kept so far as reasonably practicable free from obstruction;

ladle, shall be at least 460 millimetres wide, but where they moulds alongside the aisle

are more than 510 millimetres above the floor of the aisle, the aisle shall be not less than

600 millimetres wide;

(d) if molten metal is carried in hand ladles or bulk ladies by more than two men per ladle,

shall be at least 760 millimetres wide;

(e) if molten metal is carried in crane, trolley or truck ladles, shall be of a width adequate for

the safe performance of the wide;

(3) Requirements of sub-paragraphs (1) and (2) shall not apply to any workroom or part of

a workroom if, by reason of the nature of the work done therein, the floor of that workroom or, as

the case may be, that part of a workroom has to be if sand.

,Q WKLV SDUDJUDSK µ:RUNURRP WR ZKLFK WKLV SDUDJUDSK DSSOLHV¶ means a part of a

ferrous or non-ferrous foundry in which molten metal is transported or used, and a workroom to

which this paragraph applies shall be deemed for the purposes of this paragraph to have been

constructed, reconstructed or converted for use as such after the making of this Schedule if the

construction, reconstruction or conversion thereof was begun after the making of this Schedule.

9. Work near cupolas and furnaces.- No person shall carry out any work within a distance of 4

metres from a vertical line passing through the delivery end of any spout of a cupola or furnace,

being a pout used for delivering molten metal, or within a distance of 2.4 metres from a vertical

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line passing through the nearest part of any ladle which is in position at the end of such a spout ,

except in either case, where it is necessary for the proper use or maintenance of a cupola or

furnace that work should be carried out within that distance of that work, and it being carried out

at such a time and under such conditions that there is no danger to the person carrying it out, from

molten metal which is being obtained from the cupola or furnace or in a ladle in position at the

end of the spout.

10. Dust and fumes. ± (1) Open coal, coke or wood fires shall not be used for heating or drying

ladles inside a workroom unless adequate measures are taken to prevent, so far as practicable,

fumes or other impurities from entering into or remaining in the atmosphere of the workroom.

(2) No open coal, coke or wood fires shall be used for drying moulds except in circumstances

in which the use of such fires is unavoidable.

(3) Mould stoves, core stoves and annealing furnaces shall be so designed, constructed,

maintained and worked as to prevent, so far as practicable, offensive or injurious fumes from

entering into any workroom during any period when a person is employed therein.

(4) All knock-out operations shall be carried out-

(a) in a separate part of the foundry suitably partitioned off, being a room or part in

which, so far as reasonably practicable, effective and suitable local exhaust ventilation

is provided, or where compliance with this requirement is not reasonably practicable,

effective and suitable local exhaust ventilation ad a high standard of general

ventilation are provided or

(b) in an area of the foundry in which so far as reasonable practicable, effective and

suitable local exhaust ventilation and a high standard of general ventilation and a high

standard of general ventilation is provided.

(5) All dressing or felting operations shall be carried out ±

(a) in a separate room or in a separate part of the foundry suitably partitioned off; or

(b) in an area of the foundry set part for the purpose;

and shall, so far as reasonably practicable, be carried out with effective out with effective and

suitable local exhaust ventilation or other equally effective means of suppressing dust, operating

as near as possible to the point of origin of the dust.

11. Maintenance and examination of exhaust plant.- (1) All ventilation plants used for the

purpose of extracting, suppressing or controlling dust of fumes shall be properly, maintained.

(2) All ventilating plants used for the purpose of extracting, suppressing or controlling dust

or fumes shall be examined and inspected once every week by a responsible person. It shall be

thoroughly examined and tested by a competent person at least once in every period of twelve

months; and particulars of the results of every such examination and test shall be entered in Form

34 which shall be available for inspection by an Inspector. Any defect found on any such

examination and test shall be immediately reported in writing by the person carrying out the

examination and test, to the occupier or manager of the factory.

12. Protective equipment.- (1) The occupier shall provide and maintain suitable protective

equipment specified for the protection of workers.

(a) suitable gloves or other protection for the hands for workers engaged in handling any

hot material likely to cause damage to the hands by burn, scald or scar, or in handling

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pig iron, rough castings, or other articles likely to cause damage to the hands by cut or

abrasion;

(b) approved respirators for workers carrying out any operations creating a heavy dust

concentration which cannot be dispelled quickly and effectively by the existing

ventilation arrangements.

(2) No respirator provided for the purposes of clause 1 (b) and which has been worn by a

person if it has not since been thoroughly cleaned and disinfected.

(3) Persons who for any length of time-

(a) work at a spout of or attend to, a cupola or furnace in such circumstances that material

there from may come into contact with the body, being material at such a temperature

that its contact with the body would cause a burn; a

(b) are engaged in, or in assisting with the pouring of molten metal; or

metal; or

(d) are engaged in knocking out operations involving material at such a temperature that

its contact with the body would cause a burn;

shall be provided with suitable footwear and gaiters which when worn by them prevent so far as

reasonably practicable, risk of burns to their feet and ankles.

(4) Wherever practicable, suitable screens shall be provided for protection against flying

materials (including splashes of molten metal and sparks and chips thrown off in the course of

any process.)

(5) The occupier shall provide and maintain suitable accommodation for the storage and

make adequate arrangements for cleaning and maintaining of the protective equipment supplied in

pursuance of this paragraph.

(6) Every person shall make full and proper use of the equipment provided for his protection

in pursuance of sub-paragraph (1) and (4) and shall without delay report to the occupier, manager

or other appropriate person any defect in, or loss of the same.

13. Washing and bathing facilities.- (1) there shall be provided and maintained in clean state and

good repair for the use of all workers employed in the foundry

(a) a washplace under cover with either

(i) a trough with impervious surface fitted with a waste pipe without plug, and of

sufficient length to allow at least 60 centimeters for every 10 such person

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 centimeters; or

(ii) at least one tap of the tap or stand pipe for every 10 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 1.2 meters apart; and

(b) not less than one half of the total number of washing places provided under clause (a)

shall be in the form of bath rooms.

sufficient supply of nail brushes and soap.

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(2) The facilities provided for the purposes of sub-paragraph (1) shall be placed in charge of

a responsible person and maintained in a clean and orderly condition.

14. Disposal of dross and skimming.- Doss and skimming removed from molten metal or taken

from a furnace shall be placed forthwith in suitable receptacles.

15. Disposal of waste.- Appropriate measures shall be taken for the disposal of all waste products

from shell moulding (including waste burnt sand) as soon as reasonably practicable after the

castings have been knocked-out.

16. Material and equipment left out of doors.- All material and equipment left out of doors

(including materials and equipment so left on temporarily or occasionally) shall be so arranged

and placed as to avoid unnecessary. There shall be safe means of access to all such material and

equipment and, so far as reasonably practicable, such access shall be by roadways or pathways

which shall be properly maintained. Such surface and shall, so far as reasonably practicable be

kept free from obstruction.

17. Medical facilities and records of examination and test.- (1) The occupier of every factory to

which the Schedule applies, shall-

(a) employ a qualified medical practitioner for medical surveillance of the workers

employed therein whose employment shall be subject to the approval of the Chief

Inspector of Factories; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose

referred to in a 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 of factories,

which shall be kept readily available for inspection by the Inspector.

18. Medical examination by Medical Officer.- (1) Every worker employed in a foundry shall be

examined by a Medical Officer within 15 days of his first employment. Such medical

examination shall include pulmonary function tests and chest X-ray. No worker shall be allowed

to work after unless certified for such employment by the Medical Officer.

(2) Every worker employed in the said processes shall be re-examined by a Medical Officer

at least once in every twelve months. Such examination shall, wherever the Medical Officer

consider appropriate, include all the tests as specified in sub-paragraph (1) except chest X-ray

which will be once in every 3 years.

(3) The Medical Officer after examining a worker shall issue a Certificate of Fitness in Form

No. 26. The record of examination and re-examinations carried out shall be entered in the

certificate and the certificate shall be kept in the custody of the manager of the factory. The record

of each examination carried out under sub-paragraphs (1) and (2), including nature and the results

of the test, shall also be entered by the Medical Officer in a health register in Form 24.

(4) The Certificate of Fitness and the health register shall be kept readily available for

inspection by the Inspector.

(5) If at any time Medical Officer is of the opinion that a worker is no longer fit for worker is

no longer fit for employment in the said processes in the ground that continuance therein would

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involve special danger to the health of the worker, he shall made 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 considered that 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 Officer, in which

case the person affected shall be suitably rehabilitated

(6) No person who has been found unfit to work under sub-paragraph (5), shall be re-

employed or permitted to work in the said processes unless the Medical Officer, after further

examination, again certifies him fit for employment in those processes.

19. Exemptions.- If in respect of any factory, the Chief Inspector is satisfied that owing to the

exceptional circumstances or infrequency of the processes or for any other reason, all or any of

the provisions of this Schedule is not necessary for 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.

SCHEDULE XXVIII

Fireworks manufactories and match factories.

1. Application.- The provisions of this Schedule shall apply to all manufactories and processes

incidental thereto carried on in any fireworks manufactory or a match factory and shall be in

addition to and not in derogation of any provisions of the Occupational Safety, Health and

Working Conditions Code, 2020 (Central Act No. 37 of 2020) and the Rules there under, or of

any other Act or Rules that are applicable to fireworks manufactories and match factories.

2. Definitions.- For the purpose of this Schedule, unless there is anything repugnant in the

subject or context,-

D³ILUHZRUNVPDQXIDFWRU\´PHDQVDQ\IDFWRU\RUVXFKSDUWVRIDQ\IDFWRU\ZKHUHLQWKHIROORZLQJ

chemicals or combination of chemicals and materials are being used for the manufacture of

crackers, sparklers, caps. fuses, blasting powder and fireworks:-

(1) Saltpetre;

(2) Pyrotechnic Aluminium Powder;

(3) Barium Nitrate

(4) Charcoal;

(5) Potassium Chloride;

(6) Red Phosphorus;

(7) Gum;

(8) Dextrin;

(9) Strontium Nitrate;

(10) Magnesium Powder

(11) Copper Coated Wires;

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(12) Steel Filings Or Iron Filings;

(13) G. I. Wire;

(14) Gun Powder (Black Powder);

(b) ³Match factory´PHDQVDQ\HVWDEOLVKPHQWZKLFKPDQXIDFWXUHVVDIHW\PDWFKHVRUFRORXU

matches by the use of chemicals mentioned in clause (a);

connections by means of which a person using it in a poisonous, asphyxiating or irritant

atmosphere breathes ordinary air or any other suitable apparatus approved in writing by

the Chief Inspector in this behalf.

3. Building.- (a) The height of building of any fireworks manufactory or match factory shall not

be less than 3 metres;

(b) No building inside a fireworks manufactory shall have a first floor at any time;

first floor to the ground floor irrespective of the number of persons employed on the first

floor and one of the staircases shall be of masonry construction of non-flammable

materials;

(d) All doors of workrooms 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 metres in width or less than 2 metres in

height.

(f) The floors of all workrooms including mixing sheds shall be completely covered by a

rubber sheet having a smooth surface and having a thickness of at least 3 m.m. If the

floor 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 at least 150 m.m; and

(g) mixing sheds shall be 30.5 metres away from all other sheds and be separated by baffle

walls opposite each exit of the mixing shed.

4. Housekeeping.- (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, and

5. Electrical Equipment.- (a) If, at any time, use of electricity is allowed in the match factory,

all leads shall be in conduits with flameproof junctions;

(b) Electrical supply shall never be through a lamp even with a non-conducting handle.

6. Protective Measures.- (a) Under no circumstances clothes made of artificial fibre like

terelene, etc., be allowed inside the factory;

(b) All workers shall be supplied with asbestos aprons especially to cover the chest, gonads

and thighs;

fumes in the event of an untoward reaction;

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(d) ,QPL[LQJVKHGVZKHUHDOXPLQXPDQGPDJQHVLXPSRZGHUVDUHXVHG³DQWL-VWDW´IRRW-

wear to combat static electricity shall be supplied; and

(e) All protective equipments shall be maintained in an efficient condition and shall also be

maintained in a clean and hygienic condition.

7. Match Factories.- In match factories -

(a) the residue of the head composition shall not in any way be mixed with the residue of

the friction composition;

(b) 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;

composition shall be kept and burnt separately;

(d) department in which completed matches (matches with head on) are stored shall be

separated from all other departments by means of fire-proof walls and doors providing

adequate means of escape in case of fire;

(e) VSOLQWV YHQHHUV DQG RWKHU PDWHULDOV LQ H[FHVV RI WKH TXDQWLW\ UHTXLUHG IRU WKH GD\´V

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 five 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;

(f) store room for matches shall be entirely separated by fire-proof walls from the

buildings used for manufacture;

(g) the racks in the dipped splints room shall have sides stop and the rear part provided

with non-inflammable materials;

(h) the process of packing shall be done in an area away from the place of manufacture to

the satisfaction of the Inspector; and

(i) no child shall be employed or permitted to work directly connected with the

manufacturing process upto final production of matchsticks.

8. Precaution 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 floor.

(b) Drying of fuses after wrapping shall be carried out on platforms away from

workrooms.

under proper supervision.

(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 workers can work standing. Cutting

must be done by placing the fuse on wooden sleepers, kept over blocks of wood, and

brick shall not be used beneath the wooden reapers; and

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(f) Workers, while on dangerous operations, shall not wear clothing sewn with ferrous or

steel buttons, buckles or attachments. They shall not carry on their person, iron

knives, keys, etc.

Employment of women and adolescent person.- Women workers and adolescent persons shall

not be employed on operation where chemicals are mixed and where fuses are cut unless adequate

safeguards have been provided in the manner as prescribed by the Government by written order

under rule 61 of these Rules. Children shall not be employed or permitted to work in the

manufacturing process or any work or operation or process connected therewith or incidental

thereto in fireworks manufactory.

9. General.- (a) No person, other than a factory worker and/or an inspecting officer 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.

drying of fuses shall be away from all workrooms.

(d) Door mats shall be provided outside the workroom, near all drying platforms and where

fuses are cut, for the workers 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.

(f) For filling up chemicals in the inner tubs 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, 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 a match

process factory.

(i) Wooden racks used for drying paper cap sheets shall be provided with asbestos or other

fire 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 a fire works shall have at least two doors facing each other.

The doors provided to the work sheds of adjacent rows shall not face each other, and

(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.

11. Display of notices.- The following notices in the local language understood by the majority

of workers shall be displayed at a conspicuous place in the factory:-

(a) ³6PRNLQJLVVWULFWO\SURKLELWHG´

(b) ³1RRQHVKDOOFDUU\PDWFKHVRURWKHULJQLWLQJPDWHULDOVLQWRWKHIDFWRU\´

(d) ³,I DQ\WKLQJ XQWRZDUG KDSSHQV LQ DQ\ VKHG DOO ZRUNHUV VKDOO GDVK WR WKH JDWHV ZKLFK

serve as out gates of the factory and in no circumstances be curious to see what has

KDSSHQHGLQWKHDIIHFWHGVKHG´

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(e) ³$Q\VSLOODJHRIPDWHULDOVVKRXOGEHFOHDQHGZLWKRXWDQ\GHOD\´

(f) ³:HDULQJ RI FORWKHV PDGH RI DUWLILFLDO ILEUH OLNH WHUUHQH WHUHOHQH HWF LV SURKLELWHG

&ORWKLQJ´V VHZQ ZLWK IHUURXV RU VWHHO EXWWRQV RU EXFNles or attachments should not be

ZRUQ´

(g) ³)RRWZHDUVZLWKLURQQDLOVVKRXOGQRWEHXVHGDQG

(h) ³:RUNHUVVKRXOGQRWFDUU\ZLWKWKHPVHOYHVLURQNQLYHVDQGLURQNH\VHWF´

12. First-aid boxes.- (a) The materials required under rule 93 shall be kept in the First Aid Box

or cupboard. 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 first

remedy for burns shall be kept in the First Aid Box or cupboard; and

FHUWLILFDWHJUDQWHGE\WKH6W-RKQ¶V$PEXODQFH$VVRFLDWLRQIRUUHQGHULQJILUVWDLG

13. Exemption.- If the Chief Inspector is satisfied in respect of any factory or any process that,

owing to the special conditions or special methods of work or by reason of the frequency of

the process or for other reason, the application of all or any of the provisions of the Schedule

to the factory or process, or to the persons employed in such factory or process is not

necessary, he may, by order in writing, exempt such factory or part of the factory or process

or any part of the factory or any person from all or any of these provisions subject to such

conditions as he may deem expedient to ensure safety and health of the workers.

The Chief Inspector may, at any time, in his discretion, revoke such order without

DVVLJQLQJDQ\UHDVRQV´

SCHEDULE ± XXIX

Manipulation of stone or any other material containing free silica

(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.

(2) Definitions- For the purpose of this Schedule, -

(a) ³PDQLSXODWLRQ´ PHDQV 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) ³6WRQH RU DQ\ RWKHU PDWHULDO FRQWDLQLQJ IUHH VLOLFD´ means a stone or any other solid material

containing not less than 5% by weight of free silica.

(3) Precautions in manipulation- No manipulation shall be carried out in a factory or part of a factory unless

one or more of the following measures are adopted, namely -

(a) damping the stone or other material being processed;

(b) providing water spray;

(d) isolating the process; and

(e) providing localised exhaust ventilation,

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so as to effectively control the dust in any place in the factory where any person is employed, at a level

equal to or below the maximum permissible level for silica dust as laid down in Table 2 appended to rule

138 of these Rules:

Provided that such measures as abovesaid are not necessary if the process or operation itself is such that

the level of dust created and prevailing does not exceed the permissible level referred to.

(4) Maintenance of floors-

(a) All floors or places where fine 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.

(b) The surface of every floor of every work room or place where any work is carried on or where any

person has to pass during the course of his work, shall be cleansed of dust once at least during

each shift after being sprayed with water or by any other suitable method so as to prevent dust being

airborne in the process of cleaning.

(5) Prohibition relating young persons- No young person shall be employed or permitted to work in any

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

(6) Medical examination by Medical Officer -

(a) Every worker employed in the processes specified in clause (1), shall be examined by a Medical

Officer within 15 days of his first employment. Such medical examination shall include lung function

test and other routine examinations. Such examination, wherever the Medical Officer considers

appropriate, shall include chest X-ray. No worker shall be allowed to work after 15 days of his first

employment in the factory unless certified fit for such employment by the Medical Officer.

(b) Every worker employed in the said processes shall be re-examined by a Medical Officer at least once

in every twelve months. Such re-examination shall include all the tests as specified in sub-clause (a).

record of examination and re-examinations carried out shall be entered in the Certificate and the

Certificate shall be kept in the custody of the manager of the factory. The record of each examination

carried out under sub-clauses (a) and (b), including the nature and the results of the tests, shall also be

entered by the Medical Officer in a health register in Form 24.

(d) The Certificate of Fitness and the health register shall be kept readily available for inspection by the

Inspector.

(e) If, at any time, the Medical Officer 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 is fully incapacitated in the opinion of the

Medical Officer, in which case the person affected shall be suitably rehabilitated.

(f) No person who has been found unfit to work as said in sub-clause (e) above shall be re-employed or

permitted to work in the said processes unless the Medical Officer, after further examination, again

certifies him fit for employment in those processes.

(7) Exemptions - 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, with prior

approval of the Government, may, by a certificate in writing, which he may in his discretion revoke at

any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he

may specify therein.

105-A ± Collection and development and dissemination of information ±(1) The occupier of

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HYHU\IDFWRU\FDUU\LQJRQD³KD]DUGRXVSURFHVV¶VKDOODUUDQJHWRREWDLQRUGHYHORSLnformation in

the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or

material handle in the manufacture, transportation and storage in the factory. It shall be accessible

upon request to a employee for reference.

(a) Every such Material Safety Data Sheet shall include the following information:-

The identity used on the label;

ii) Hazardous ingredients of the substance;

iii) Physical and chemical characteristics of the hazardous substance;

iv) The physical hazards of the hazardous substance, including the potential for fire,

explosion and reactivity;

The health hazards of the hazardous substances, including signs and symptoms of

exposure, and any medical conditions which are generally recognized as being

aggravated by exposure to the substance;

vi) The primary route (s) of entry;

vii) The permissible limits of exposure prescribed in the second Schedule under rule

107 of these Rules and in respect of a chemical not covered by the said Schedule,

any exposure limit used or recommended by the manufacturer, importer or

occupier;

viii) Any generally applicable precautions for safe handling and use of the hazardous

substance, which are known, including appropriate hygienic practices, protective

measures during repairs and maintenance of contaminated equipment, procedures

for clean-up of spills and leaks;

ix) Any generally applicable control measures, such as appropriate engineering

controls, work practices, or use of personal the protective equipment;

x) Emergency and first-aid procedures;

xi) The date of preparation of the Material Safety Data Sheet, or the last change to it;

and

xii) The name, address and telephone number of the manufacturer, importer, occupier

or other responsible party preparing or distributing the Material Safety Data Sheet,

who can provide additional information on the hazardous substance and appropriate

emergency procedures, if necessary.

(b) The occupier, while obtaining or developing a Material safety Data Sheet in respect of

hazardous substance, shall ensure that the information recorded, accurately reflects the

scientific evidence used in making the hazardous determination. If he becomes newly

aware of any significant information regarding the hazards, of a substance, or ways to

protect against the hazards, this new information shall be added to the Material Safety

Data Sheet, as soon as practicable.

(2) Labelling ±( A) Every container of a hazardous substance shall be clearly labeled or

marked to identify ±

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the contents of the container;

the name and address of the manufacturer or importer of hazardous substance;

the physical and health hazards; and

(d) the recommended personal protective equipment needed to work safety with the

hazardous substance.

(B) In case a container is required to be transported by road outside the factory premises it should,

in addition, be labelled or marked in accordance with the requirements laid down under Rule

105D.

SCHEDULE

Material Safety Data Sheet

1. Chemical Identity

Chemical Name

Chemical classification

Synonyms

Trade Name

Formula

C.A.S.No.

U.N.No:

Shipping Name

Codes/Label

Hazchem No.:

Regulated indentification ________________________________________________

Hazardous waste

I.D. No.:

Hazardous

C.A.S.No.

Hazardous

C.A.S.No.

Ingredients

2. Physical and Chemical Data

Boiling Range/Point

Physical State

Appearance

Melting/Freezing Point

Vapour pressure

Odour

at 35^OC

mmHg

Vapour Density

Solubility in water

Others

Air=1AT 30^OC

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Specific Gravity

Water=1

3. Fire and Explosion Hazard Data

Flammability Yes/No

LEL %Flash Point ^OC

Autoignition OC

Temperature

TDG Flammablility

UEL %Flash Point ^OC

Explosion Sensitivity

Hazardous

to Impact

to Static Electricity

Combusion Product

Hazardous Polymerisation

Combustible Liquid

Explosive

Corrosive

Material

Flammable Material

Oxidiser

Others

Pyrophoric Material

Organic Peroxide

4. Reactivity Data

Chemical Stability

Incompatibility with other material

Reactivity

Hazardous Reaction Products

5. Health Hazard Data

Routes of Entry

Effects of Exposure/Symptoms

Emergency Treatment

TLV (ACGIH)

ppm

mg/m3

STEL

ppm

mg/m3

Permissible

ppm

mg/m3

Odour

ppm

mg/m3

Exposure Limit

Threshold

LD50

NFPA Hazard

Health

Flammability

Stability

Special

signals

6. Preventive Measures

Personnel

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Protective

Equipment

Handling and

Storage

Precautions

7. Emergency and First Aid Measure

FIRE

FIRE EXTINGUISHING MEDIA

FIRE

Special Procedure

Unusual Hazards

EXPOSURE

First Aid Measures

Antidotes/Dosages

SPILLS

Steps to be taken

Waste Disposal Method.

8. Additional Information/References

9. Manufacturer/Suppliers Data

Name of firm

Contact person in emergency

Mailing Address

Local Bodies involved

Telephone/Telex Nos.:

Standard Packing

Telegraphic Address

Tremcard Details/Ref.

Other

10. Disclaimer

Information contained in this material data sheet is believed to be reliable but no representation,

guarantee or warranties of any kind are made as to its accuracy, suitability for a particular

application or results to be obtained from them. It is upto the manufacturer/seller to ensure that

the information contained in the material safety data sheet is relevant to the products

manufactured/handled or sold by him as the case may be. The Government makes no warranties

expressed or implied in respect of the adequacy of these documents for any particular purpose.

105B. ± Disclosure of information to employees.- (1) The Occupier of a factory carrying on a

µKD]DUGRXV SURFHVV¶ VKDOO VXSSO\ WR DOO employees the following information in relation to

handling of hazardous materials or substances in the manufacture, transportation, storage and

other processes:-

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

(b) $OLVWRIµKD]DUGRXVSURFHVVHV¶FDUULHGRQLQWKHIDFWRU\

(d) Physical and health hazards arising from exposure to or handling of substance;

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(e) Measures taken by the occupier to ensure safety and control of physical and health

hazards;

(f)

Measures to be taken by the employees to ensure safe handling, storage and

transportation of hazardous substances;

(g) Personal protective equipment required to be used by employees HPSOR\HGLQµKD]DUGRXV

SURFHVV¶RUµGDQJHURXVRSHUDWLRQV¶

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

as provided under Rule 105A;

(i)

Signs and symptoms likely to be manifested on exposure to hazardous substances and to

whom to report;

(j)

Measures to be taken by the employees in case of any spillage or leakage of a hazardous

substance;

(k) Role of employees vis-à-vis the emergency plan of the factory, in particular the

evacuation procedures;

(l)

Any other information considered necessary by the occupier to ensure the safety and

health of employees.

(2) The information required by sub-rule (1) shall be complied and made known to

employees individually through supply of booklets or leaflets and display of cautionary notice at

the work places.

(3) The booklets, leaflets and the cautionary notices displayed in the factory shall be in the

language understood by the majority of the employees, and also explained to them.

(4) The Chief Inspector-cum-Facilitator may direct the occupier to supply further information

to the employees as deemed necessary.

105C.- 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 employees.

(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 by the Chief Inspector-cum-

Facilitator from time to time for the purpose of this Code and Rules made thereunder.

105D. ± Review of the information furnished to employees, etc.- (1) The occupier shall review

once in every calendar year and modify, if necessary the information furnished under rules 105B

and 105C to the employees and the Chief Inspector-cum-Facilitator.

(2) In the event of any change in the process or operations or methods of work or when any

new substance is introduced in the process or in the event of a serious accident taking place, the

information so furnished shall be reviewed and modified to the extent necessary.

105E. -

Confidentiality of information.- (1) The occupier of a factory carrying on

hazardous process shall disclose all information needed for protecting safety and health of the

employees to-

(a) his employees; and

(b) Chief Inspector-cum-Facilitator

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as required under Rules 105B and 105C. If the occupier is of the opinion that the disclosure of

details regarding the process and formulations will adversely affect his business interests, he may

make a representation to the Chief Inspector-cum-Facilitator stating the reasons for withholding

such information. The Chief Inspector-cum-Facilitator shall give an opportunity to the occupier of

being heard and pass an order to the representation. An occupier aggrieved by an order to Chief

Inspector-cum-Facilitator may prefer an appeal before the Government within a period of 30

days. The Government shall give an opportunity to the occupier of being heard and pass an order.

The order of the Government shall be final.

105F. On-site emergency plan. – (1) On-site emergency plan shall contain details as

specified in the Schedule to this rule and the details as to how major accidents or emergencies

will be dealt with on the site and such plan shall include names of the persons authorized to

take action in accordance with such plan in case of an emergency.

(2) The emergency plan prepared under sub-rule (1) shall be updated periodically or after any

modification made to the manufacturing process, which may affect the emergency

preparedness.

(3) Mock drill of the on-site emergency plan shall be conducted atleast once in every six

months.

(4) A detailed report of the mock drill conducted under sub-rule (3) shall be prepared and

maintained and made available to the Chief Inspector-cum-Facilitator or the Inspector-cum-

Facilitator on demand.

SCHEDULE

Details to be furnished in the On-site Emergency Plan

(1)

Name and address of the person furnishing the

information.

(2)

Key

personnel

the

organization

and

responsibilities assigned to them in case of an

emergency

(3)

Outside organization if involved in assisting

during on-site emergency -

(a)

Type of accidents

(b)

Responsibility assigned

(4)

Details of liaison arrangement between the

organizations.

(5)

Information on the preliminary hazard analysis -

(a)

Type of accidents

(b)

System elements or events that can lead to

a major accident

(c)

Hazards

(d)

Safety relevant components

(6)

Details about the site -

(a)

Location of dangerous substances

(b)

Seat of key personnel

(c)

Emergency control room

(7)

Description of hazardous chemicals at plant site

(a)

Chemicals (Quantities and toxicological

data)

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(b)

Transformation if any, which could occur.

(c)

Purity of hazardous chemicals.

(8)

Likely dangers to the plant

(9)

Enumerate effects of -

(a)

Stress and strain caused during normal

operation:

(b)

Fire and explosion inside the plant and

effect if any, of fire and explosion outside.

(10)

Details regarding -

(a)

Warning, alarm and safety and security

systems.

(b)

alarm and hazard control plans in line with

disaster

control

and

hazard

control

planning, ensuring the necessary technical

and organizational precautions;

(c)

Reliable measuring instruments, control

units and servicing of such equipments.

(d)

Precautions in designing of the foundation

and load bearing parts of the building.

(e)

Continuous surveillance of operations.

(f)

Maintenance and repair work according to

the generally recognized rules of good

engineering practices.

(11)

Details of communication facilities available

during emergency and those required for an off-

site emergency.

(12)

Details of fire fighting and other facilities

available and those required for an off-site

emergency.

(13)

Details of first aid and hospital services available

and its adequacy.

105G.- Health and Safety Policy – (1) 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 employees

at work.

(2) All factories -

(a) covered under section 2(w) (i) but employing less than 50 employees;

(b) Covered under section 2(w) (ii) but employing less than 100 employees;

are exempted from requirements of sub-rule (1) :

Provided that they are not covered in 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.

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

(a) Declared intention and commitment of the top management to health, safety and

environment and compliance with all the relevant statutory requirements;

(b) Organizational set-up to carry out the declared policy clearly assigning the

responsibility at different levels; and

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

(a) arrangements involving the employees;

(b) intentions of taking into account the health and safety performance of individuals at

different levels while considering their career advancement;

agencies entering the premises;

(d) Providing a resume of health and safety performance of the factory on its Annual

Report;

(e) 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 medical measures;

(f) Stating its intentions of integrate health and safety in all decisions, including those

dealing with purchase of plant, equipments machinery and material, as well as

selection and placement of personnel;

(g) Arrangements for informing, education and training and retraining its own

employees at different 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 having jurisdiction over the factory and to the Chief Inspector-cum-

Facilitator.

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

(a) making copies available to all workers including contract workers, apprentices,

transport, workers, suppliers, etc;

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

employees.

(8) The occupier shall revise the Safety Policy as often as may be appropriate, but it shall

necessarily be revised under the following circumstances:-

(a) whenever any expansion or modification having implications on safety and health of

persons at work is made; or

(b) whenever new substance (s) or articles are introduced in the manufacturing process

having implications on health and safety of persons exposed to such substances.

106A.- Medical Examination. - :RUNHUV HPSOR\HG LQ D µKD]DUGRXV SURFHVV¶ VKDOO EH

medically examined by a TXDOLILHG PHGLFDO SUDFWLWLRQHU KHUHLQDIWHU UHIHUUHG WR DV ³)DFWRU\

0HGLFDO 2IILFHU´ UHFRJQL]HG E\ WKH Chief Inspector-cum-Facilitator or through a recognized

Occupational Health Laboratory under the guidance of a Factory Medical Officer, in the

following manner:-

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(a) Once before employment, to ascertain physical fitness of the person to do the particular

job;

(b) Once in a period of twelve 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 Officer, it is necessary to do so at a shorter interval in

respect of any worker;

examination of a worker before employment and thereafter at prescribed intervals shall

consist of blood investigations for hemoglobin, total WBC count, differential count,

blood grouping, fasting blood sugar level, serum createnine, blood urea, electro cardio

gram, urine (routine and microscopic), audiometry, X-ray chest, eye test including colour

vision, pulmonary function test and other test(s) which the Factory Medical Officer or the

Occupational Health Laboratory may specify;

(d) 7KH GHWDLO¶V RI SUH-employment and periodical medical examinations carried out as

aforesaid shall be recorded in the Health Register in Form 24.

(2) No person shall be employed for the first time without a certificate of fitness in Form 24D

granted by the Medical Officer or the Factory Medical Officer. If, the Factory Medical Officer

declares a person unfit for being employed in any process covered under sub-rule (1), such a

person shall have the right to appeal to the Chief Inspector-cum-Facilitator who shall refer the

matter to the Medical Officer, whose opinion shall be final in the regard.

(3) Any findings of the Factory Medical Officer revealing any abnormality or unsuitability of

any person employed in the process shall immediately be reported to the Medical Officer who

shall in turn, examine the concerned worker and communicate his findings to the occupier within

30 days. If the Medical Officer is of the opinion that the worker so examined is required to be

taken away from the process for health protection, he will direct the occupier accordingly, who

shall not employ the said worker in the same process, however, the worker so taken away shall be

provided with alternate placement unless he is, in the opinion of the Medical Officer, from

incapacitated in which case the worker affected shall be suitably rehabilitated.

(4) A Medical Officer on his own motion or on a reference from an Inspector-cum-Facilitator

may conduct medical examination of a worker to ascertain the suitability of his employment in a

hazardous process or for ascertaining his health status. The opinion of the Medical Officer on

such a case shall be final. The Fee required for this medical examination shall be paid by the

occupier.

(5) The worker taken away from employment in any process under sub-rule (2) may be

employed again in the same process only after obtaining the Fitness Certificate from the Medical

Officer and after making entries to that effect in the Health Register.

(6) The worker required to undergo medical examination under these rules and for any

medical survey conducted by or on behalf of the Central or the State Government shall not refuse

to undergo such medical examination.

(7) All the factories shall maintain and keep the health record of every worker upto a

minimum period of 15 years after retirement or cessation of employment.

106B. Occupational Health Centre- ,Q UHVSHFW RI DQ\ IDFWRU\ FDUU\LQJ RQ µKD]ardous

SURFHVV¶ WKHUH VKDOO EH SURYLGHG DQG PDLQWDLQHG LQ JRRG RUGHU DQ 2FFXSDWLRQDO +HDOWK &HQWUH

with the services and facilities as per scale laid down hereunder:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

(SUPPLEMENT)

9TH DECEMBER 2021

2493

(a) For factories licensed to employ upto 150 employees on any day:-

(i) the services of a Factory Medical Officer recognized by the Chief Inspector-cum-

Facilitator, on retainer-ship basis in his clinic to be notified by the occupier. He will

carry out the pre-employment and periodical medical examination as stipulated in

rule 106A and render medical assistance during any emergency;

(ii) a minimum of 5 persons trained on first aid procedures amongst whom at least one

shall always be available during the working period.

(iii) A fully equipped first aid box.

(b) For factories licensed to employ more than 150 but upto 500 employees on any day :-

(i) an Occupational Health Centre having a room with a minimum area of 15 sq. mtr.

with floors and walls made a smooth and impervious surface and with adequate

illumination and ventilation as well as equipment as per the Schedule annexed to

this rule;

(ii) A part-time Factory Medical Officer recognized by the Chief Inspector-cum-

Facilitator shall be in over all in-charge of the centre who shall visit the factory at

least twice in a week and whose services shall be readily available during medical

emergencies;

(iii) One qualified and trained dresser-cum-compounder on duty through the working

period;

(iv) A fully equipped first aid box in all the departments.

(i) One full-time Factory Medical Officer recognized by the Chief Inspector-cum-

Facilitator for factories licensed to employ upto 1000 employees on any day and

more Factory Medical Officer recognized by the Chief Inspector-cum-Facilitator

for every additional 1000 employees or part thereof;

(ii) An Occupational Health Centre having at least 2 rooms each with a minimum floor

area of 15 sq. mtrs. with floors and walls made of smooth and impervious surface

and adequate illuminations and ventilation as well as equipments as per the

Schedule annexed to this rule;

(iii) There shall be one nurse, one dresser-cum-compounder and one sweeper-cum-ward

boy throughout the working period;

(iv) The occupational Health Center shall be suitably equipped to manage medical

emergencies.

(2) The factory Medical Officer required to be appointed under sub-rule (1) shall have

qualification included in Schedules to the Medical Degrees Act. 1916(Act 7 of 1916) or in the

Schedules to the Medical Council Act, 1956(Act 102 of 1956) and shall possess Diploma in

Occupational and Industrial Health offered by any recognized University or three months

certificate course in Associate Fellow of Industrial Health offered by the Directorate General of

Factory Advice Services and Labour Institute (DGFASLI) Mumbai. Within one month of the

appointment the Factory Medical Officer, the occupier of the factory shall furnish to the Chief

Inspector the following particulars:

(a) Name and address of the Factory Medical Officer;

(b) Qualifications;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2494

(d) The sub-rule i.e.(1) (a) or (1) (b) or (1) (c) under which he is appointed.

(3) Recognition of Factory Medical Officers. ± (a) Any person possessing qualification as

specified in sub-rule (2) and intends to be appointed as Factory Medical Officer under sub-rule (1)

or sub-rule (1) of rule 95, shall submit an application in Form 11 to the Chief Inspector along with

a treasury receipt showing payment of five thousand rupees towards the fees for recognizing

applicant, which shall be non-refundable, as a Factory Medical Officer, for the purposes of the

Act and the rules made thereunder. The Chief Inspector, shall register such application and

within a period of sixty days of the date of receipt of application, either after having satisfied

himself as regards qualification and experience of the applicant and in consultation with the

Certifying Surgeon or the Medical Inspector of Factories, shall recognize the applicant as a

Factory Medical Officer and issue an one time certificate of recognition in Form 12 or reject the

application specifying the reasons therefor.

(b) The Factory Medical Officers who were already recognized under the Goa Factories Rules,

1985, as amended from time to time, shall be deemed to be recognized under this Rule.

serve as a Factory Medical Officer -

(i) for more than ten factories, in case he is appointed on retainership basis;

(ii) for more than five factories, in case he is appointed on part-time basis and the services

rendered by him shall be at least for half a day per visit;

(iii)for more than five factories on retainership basis and for more than three factories on part-

time basis, in case he is appointed on retainership basis in some factories and on part-time

basis in other factories:

Provided that the Chief Inspector-cum-Facilitator may issue directions to the Occupier or the

Manager or both of a factory to prohibit the appointment of a recognized Factory Medical Officer,

after recording the reasons in writing, if he is satisfied that the requirements specified under the

clause (c) of this sub-rule are not complied with by a recognized Factory Medical Officer.

(4) Recognition of Occupational Health Laboratories. ± (a) Any institution which intends to set up

an Occupational Health Laboratory for the purposes of carrying out medical examinations of the

workers as required under the Act and the rules made thereunder, shall submit an application in

Form 35 to the Chief Inspector along with a treasury receipt showing payment of twenty thousand

rupees, which shall be non-refundable, towards the fees for recognizing the institution as a

µ2FFXSDWLRQDO+HDOWK/DERUDWRU\¶IRUWKHSXUSRVHVRIWKH$FWDQGWKHUXOHVPDGHWKHUHXQGHU

(b)

The institution shall employ persons possessing the qualifications specified in sub-rule (2)

and shall possess license / approval / permission from authorities such as Local Authority, Goa

State Pollution Control Board, Directorate of Health Services and shall have facilities and

equipments at the disposal as set out herein below.

of receipt of application, either after having satisfied himself as regards competence and facilities

available at the disposal of the applicant and in consultation with the Certifying Surgeon or the

Medical Inspector of Factories, shall recognize the applicant institution to set up an Occupational

Health Laboratory and issue a certificate of recognition in Form 36 for a period not exceeding one

year or reject the application specifying the reasons therefor.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2495

(d) The institutions which are already recognized under the Goa Factories Rules, 1985, as

amended from time to time, shall be deemed to be recognized under this Rule till the expiry of the

validity of the recognition so granted to such institution.

Provided further that nothing contained herein shall be applicable to a facility set up by the

Government including Goa Medical College and Hospital.

(e)The Chief Inspector may, after giving an opportunity to the recognized Occupational Health

Laboratory of being heard, revoke the certificate of recognition, -

(i) if he has reason to believe that the recognized Occupational Health Laboratory has violated

any condition stipulated in the certificate of recognition; or

(ii) for any other reason to be recorded in writing.

Facilities and Equipments for Occupational Health Laboratories

(1) Spirometer;

(2) Audiometer;

(3) Vision tester;

(4) X-ray machine;

(5) ECG machine;

(6) B.P. Apparatus;

(7) Atomic Absorption Spectrophotometer;

(8) Facilities and equipments required for biological and bio ±chemical examination;

(9) Facilities and equipments required for pathological examination;

(10) Instruments required for clinical examination.

SCHEDULE

Equipment for occupational Health Centre in factories

A glazed sink with hot and cold water always available.

A table with a smooth tap at least 180 cm x 105 cm

Means for sterlizing instruments.

A couch

Two buckets or container with close fitting lids

A kettle and spirit stove or other suitable means of boiling water.

One bottle of spirituous ammoniac aromations (120ml)

Two medium size sponges

Two kidney trays

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10. Four cakes of toilet, preferably antiseptic soap.

11. Two clinical thermometers.

12. Two glass tumblers and two wine glasses.

13. Two tea spoons

14. Two graduated (120 ml) measuring glasses

15. One wash bottle (1000 cc) for washing eyes.

16. One bottle (one litre) carbolic lotion 1 in 20

17. Three chairs.

18. One screen

19. One electric hand torch,

20. An adequate supply of tetanus toxoid.

21. Coramine liquid (60 ml)

22. Tables-antihistaminic, antipasmodic (25 each)

23. Syringes with needles ± 2 cc, 5 cc, and 10 cc

24. Two needle holders, big and small

25. Suturing needles and materials

26. One dissecting forceps.

27. One dressing forcep.

28. One scalpel

29. One stethoscope.

30. Rubber bandage- pressuring bandage.

31. Oxygen cylinder with necessary attachments.

32. One blood pressure apparatus.

33. One Patellar Hammer.

34. One Peak-flow meter for lung function measurements.

35. One Stomach wash set.

36. Any other equipment recommended by the factory Medical Officer according to specified

need relating to manufacturing process.

37. In addition-

(1) For factories employing 51 to 200 workers:-

(i)

Four plain wooden splints 900 mm x 100 mm x 6 mm

(ii) Four plain wooden splints 350 mm x 75 mm x 6 mm

(iii) Two plain wooden splints 250 mm x 50 mm x 12 mm

(iv) One pair artery forceps.

(v) Injections- morphine, pathidine, aropins, adrenaline, coramine, nocacan ( 2 each)

(vi) One pair of surgical scissors.

(2) For factories employing above 200 workers:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2497

(i)

Eight plain wooden splints 900 mm x 100 mm x 6 mm

(ii) Eight plain wooden splints 350 mm x 75 mm x 6 mm.

(iii) Four plain wooden splints 250 mm x 50 mm x 12 mm

(iv) Two pairs of artery forceps.

(v) Injections ± morphine, pethadinem atropine, adrenaline, coramine, novacan (4 each)

(vi) Two pair of surgical scissors.

106C. Ambulance Van- (1) in any factory carrying on µKD]DUGRXV SURFHVV¶ WKHUH VKDOO EH

provided and maintained in good condition, a suitably constructed ambulance van, equipped with

items as per sub-rule (2) and manned by a full-time Driver-cum-Mechanic and a Helper trained in

first-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 200 employees, any make arrangements for procuring

such facility at short notice from nearby hospitals or other places, to meet any emergency.

(2) The Ambulance should have the following equipments:-

(a) General :

A wheeled stretcher with folding and adjusting devices, with the head of the

stretcher capable of being tilted upward;

Fixed suction with unit equipment;

Fixed oxygen supply with equipment;

Pillow with case, Sheets, - Blankets, - towels;

Emesis bag, - Bed pan, - Urinal, -Glass.

(b) Safety equipments:

Flares with life of 30 minutes;

Flood lights;

Flash lights, Fire extinguisher ± dry powder type;

Insulated gauntlets.

(i) Resuscitation

Portable suction unit, Portable oxygen units;

Bag-Valve-Mask, hand operated artificial ventilation unit;

Airways, - Mouth gags, Tracheastomy adoptors;

Short spine board - I.V. fluids with administration unit;

B.P. manometer, - Cugg, - Stethescope.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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(ii) Immobilization

Long and short padded boards;

Triangular bandage, - Long and short spine boards.

(iii) Dressings

Gauze pads ± ´[´± 8QLYHUVDOGUHVVLQJ´[´;

Roll of aluminum foils, - 6RIWUROOHUEDQGDJHV´[\DUGV

$GKHVLYHWDSHLQ´UROO± safety pins;

Bandage sheets, - Burn sheet

(iv) Poisoning

Syrup of Ipecac; - Activated Charcoal pre-packed in doses;

Snake bite kit; - Drinking water.

(v) Emergency Medicines

As per requirements (under the advice of Medical Officer only).

106D. Decontamination facilities. - ,Q HYHU\ IDFWRU\ FDUU\LQJ RXW µKD]DUGRXV SURFHVV¶ WKH

following provisions shall be made to meet emergency:-

(a) fully equipped first aid box;

(b) ready 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

substances; and such means shall be as per the scale shown in the table below:-

TABLE

No. of persons employed at any time

No. of drenching showers

(i)

Upto 50 workers

Two

(ii)

Between 51 to 200 workers

2+1 for every additional

50 or part thereof

(iii)

Between 201 to 5000 workers

5 + 1 for every additional

100 or part thereof.

(iv)

501 workers and above

8 + 1 for every additional

200 part thereof.

in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall

be visible at any time.

106E. Making available Health Records to employees.- (1) The occupier of every factory

carr\LQJRXWDµKD]DUGRXVSURFHVV¶VKDOOPDNHDFFHVVLEOHWKHKHDOWKUHFRUGVLQFOXGLQJWKHUHFRUGRI

employees exposure to hazardous process, as the case may be, the medical records of any worker

for his perusal under the following conditions:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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(a) Once in every six months or immediately after the medical examination, whichever is

earlier;

(b) If the factory Medical Officer or the Medical officer, as the case may be, is of the opinion

that the employee has manifested signs and symptoms of any noticeable disease as

specified in the Third Schedule of the Code;

(d) If any one of the following authorities so direct;

the Chief Inspector-cum-Facilitator;

The Health Authority of the Central or the State Government;

&RPPLVVLRQHURI:RUNPHQ¶V&RPSHQVDWLRQ

7KH'LUHFWRU*HQHUDO(PSOR\HHV¶6WDWH,QVXUDQFH&RUSRUDWLRQ

7KH'LUHFWRU(PSOR\HHV¶6WDWH,QVXUDQFH&RUSRUDWLRQ0HGLFDO%HQHILWVDQG

The Director General, Factory Advice Service and Labour Institutes.

(2) A copy of the upto date health records including the record of HPSOR\HH¶V exposure to

hazardous process, as the case may be, the medical records shall be supplied to the employee 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.

106F. Qualifications, etc., of supervisors. ± (1) all persons who are required to supervise the

handling of hazardous substances shall possess the following qualifications and experience: -

(a) (i) A degree in any branch of engineering or technology or a masters degree in Science

(Physics or Chemistry) or a masters degree in Pharmacy, from recognized institution, with

two years of experience of working in a factory involved in hazardous process; or

A degree in Science (Physics or Chemistry) or a degree in Pharmacy or a diploma in any

branch of engineering or technology, from a recognized institution, with five years of

experience of working in a factory involved in hazardous process;

(b) The Chief Inspector-cum-Facilitator may direct the occupier of the factory involved in

hazardous process to require the supervisor(s) so appointed in the factory to undergo a

certificate course in Health and Safety of the duration as may be specified;

(2) The syllabus, course fees, duration, mode of examination, other aspects of the above course

and the organisations conducting the course shall be approved by the Directorate General

Occupational Safety and Health formerly known as Directorate General Factory Advice Service

and Labour Institutes or the State Government from time to time.

106G. Issue of guidelines.- For the purpose of compliance with the requirements of sub-sections

(1), (4) and (7) of section 84 or 85, the Chief Inspector-cum-Facilitator may, if deemed necessary,

LVVXHJXLGHOLQHVIURPWLPHWRWKHRFFXSLHUVRIIDFWRULHVRQµKD]DUGRXVSURFHVV¶Such guidelines

may be based on National Standards, Code of Practice, or recommendations of International

Bodies such as I.L.O and W.H.O.

107. Permissible levels of certain chemical substances in work environment.- Without

prejudice to the requirements in any other provisions in the Code or the Rules, the requirements

specified in this Schedule shall apply to all factories.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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2500

SCHEDULE

1. Definitions.- For the purpose of this Schedule-

(a) ³PJP³´PHDQVPLOOLJUDPVRIDVXEVWDQFHSHUFXELFPHWHURIDLU

(b) ³PSSFP´PHDQVPLOOLRQSDUWLFOHVRIDVXEVWDQFHSHUFXELFPHWHURIDLU

760 m of mercury pressure;

(d) ³WLPH ZHLJKWHG DYHUDJH FRQFHQWUDWLRQ´ PHDQV WKH DYHUDJH FRQFHQWUDWLRQ RI D

substance in the air any work location in a factory computed from evaluation of

adequate number of air samples taken at that location, spread over the entire shift in

any day, after giving weightage to the duration for which each such sample is

collected and the concentration prevailing at the time of taking the sample.

Time weighted average =

1^T

^{+ C}

2^T

2^«&Q7Q

Concentration

^{+ T}

^«ⁿ

Where C

1^{represents the concentration of substances for duration T}

1^{(in hours)}

2^{represents the concentration of the substances for duration T}

2^{(in hours) and}

Cn represents the concentration of the substance for duration Tn (in hours)

(e) ³ZRN ORFDWLRQ´ PHDQV D ORFDWLRQ LQ D IDFWRU\ DW ZKLFK D ZRUNHU ZRUNV RU PD\ EH

UHTXLUHGWRZRUNDWDQ\WLPHGXULQJDQ\VKLIWRQDQ\GD\¶

2. Limits of concentrations of substances at work locations.- (1) The time weighted average

concentration of any substance listed in Table 1 or 2 of the Schedule, at any day work location in

a factory during the shift on any day shall not exceed the limit of the permissible time weighted

average concentration specified in respect of that substance:

Provided that in the case of a substance mentioned in Table 1 in respect of which a limit in terms

of short term maximum concentration is indicated, the concentration of such a substance may

exceed the permissible limits of the time weighted average concentration for the substance for

short periods not exceeding 15 minutes at a time, subject to the condition that-

(a) such periods during which the concentration exceeds the prescribed time weighted

average concentration are restricted to not more than 4 per shifts;

(b) the time interval between any two such periods of higher exposure shall not be less than

60 minutes and

term maximum concentration.

(2) In the case of any substance given in Table 3 the concentration of the substance at any

work location in a factory at any time during any day shall not exceed the limit of exposure for

that substance specified in the table.

,QWKHFDVHVZKHUHWKHZRUG³VNLQ´KDVEHHQLQGLFDWHGDJDLQVWFHUWDin substance mentioned

in Table 1 and 3, appropriate measures shall be taken to prevent absorption through cutaneous

routes particularly skin, mucous membranes, and eyes as the limits specified in these Tables are

for conditions where the exposure is only through respiratory tract.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 37

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(4) (a) In case, the air at any work location contains a mixture of such substances mentioned

in Table 1, 2 or 3, which have similar toxic properties the time weighted

concentration of each of these substances during the shift should be such, that when

these time weighted concentration divided by the respective permissible time

weighted average concentration specified in the above mentioned tables, and the

fractions obtained are added together, the total shall exceed unity i.e.

1^{+ C +}

^{+ L}

should not exceed unity

:KHQ&&««««&QDUHWKHWLPHZHLJKWHGFRQFHQWUDWLRQRIWR[LFVXEVWDQFHV««

And n respectively, determined after measurement at work location;

$QG//««««/QDUHWKHSHUPLVVLEOHWLPHZHLghted average concentration of the toxic

VXEVWDQFHV«««DQGQUHVSHFWLYHO\

(b) In case the air at any work location contains a mixture of substances, mentioned in

Table 1, 2 or 3, and these do not have similar toxic properties, then the times weighted

concentration of each of these substances shall not exceed the permissible time

weighted average concentration specified in the above mentioned tables, for the

particular substance.

paragraph 2(1) and 2(2).

3. Sampling and evaluation procedures.- (1) Not-withstanding provision in any other

paragraphs, the sampling and evaluation procedure to be adopted for checking compliance with

the provisions in the Schedule are specified.

(2) Notwithstanding the provisions in paragraph 5, the following conditions regarding the

sampling and evaluation with the provisions in this Schedule are specified.

(a) For determination of the number of particles per cubic metre in item 1(a)(I)(1) in

Table 2, samples are to be collected by standard or midget impinger and the counts

made by light-filled technique.

(b) The percentage of quartz in the 3 formulas given in item 1(a) (I) of Table 2 is to be

determined from airborne samples.

membrance filter method at 430X phase contrast should be used.

(d) Both for determination of concentration and percentage of quartz for use in the

formula given in item 1(a) (I) (2) of Table 2, the fraction passing thorough a size-

selector with the following characteristic should only be considered.

Aerodynamic diameter

Percentage allowed

(unit density sphere)

by size-selector

2.0

2.5

3.5

5.0

10.0

OFFICIAL GAZETTE — GOVT. OF GOA

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4. Power to require assessment of concentration of substances.- (1) An Inspector may, by an

order in writing, direct the occupier or manager of a factory to get before any specified date, the

assessment of the time weighted average concentration at any work location of any of the

substances mentioned in Table 1, 2 or 3 carried out.

(2) The results of such assessment as well as the method followed for air sampling and

analysis for such assessment shall be sent to the Inspector within 3 days from the date of

completion of such assessment and also a record of the same shall be kept readily available for

inspection by an Inspector.

5. Exemptions.- If in respect of any factory or a part of a factory, the Chief Inspector is

satisfied that, by virtue of the pattern of working time of the workers at different work locations

or on account of other circumstances, no worker is exposed, in the air at the work locations, to a

substance or substances specified in Table 1, 2, or 3 to such an extent as is likely to injurious to

his health, he(the Chief Inspector) may by an order in writing, exempt the factory or a part of the

factory from the requirements in paragraph 2, subject to such conditions, if any, as he may specify

therein.

TABLE 1

Substance

Permissible limits of exposure

Time-weighted

Short-Term

average

maximum

concentration

mg/m³

ppm mg/m³

Acetic acid

Acrolein

0.1

0.25

0.3

0.8

Aldrin-skin

0.25

0.75

Ammonia

Aniline-skin

Anisidine (O-p-isomers)-skin

0.1

0.5

Arsenic & compounds (as As)

0.2

Benzene

Bromine

0.1

0.7

0.3

2 Butanone (Methylethyl Ketone-MEK) 200

590

300

885

n-Butyl acetate

150

710

200

950

Sec/tert. Butyl acetate

200

950

250

1190

Cadmium-dust and salts (as Cd)

0.05

0.2

Calcium Oxide

Carbaryl (Sevin)

Carbonfuran (Furadan)

0.1

Carbon disulfide-skin

Carbon monoxide

400

440

Carbonyl chloride (Phosgene)

130

Carbon tetrachloride-skin

0.1

0.4

Carbonyl chloride (mono chlorobenzene)75

350

Chlorine bis-Chloromethyl ether

Chromic acid and chromates (as Cr)

0.001

Chromium, Sel. Chromic, Chromous

0.05

salts (as Cr.)

Copper fume

0.5

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Cotton dust, raw

0.2

0.6

Cresol, all isomer-skin

Cyanides, (as CN)-skin

Cyanogen

DDT (Dichlor-diphenyltrichloro-ethane) -

Demeton-skin

0.01

0.1

0.03

0.3

Diazinon-skin

0.1

0.3

Dibutyl phthalate

Dichlorves (DDVP)-skin

0.1

0.3

Dieldrin-skin

0.25

0.75

Dinitrobenzene (all isomers)-skin

0.15

0.5

Dinitrotoluene-skin

1.5

Diphenyl

0.2

1.5

0.6

Endosulfan (Thiodan-skin)

0.1

0.3

Endrin-skin

0.1

0.3

Ethyl acetate

400

1000

Ethyl alcohol

1000

1900

Ethyl emine

Flourides (as F)

2.5

Flourine

Hydrogen cyanide-skin

Hydrogen sulfide

Iron Oxide fume (Fe2o2 as Fe)

Isoamyl acetate

100

525

125

655

Isoamyl alcohol

100

360

125

450

Isobutyl alcohol

150

225

Lead, inorg, fumes and dusts (as Pb)

0.15

.45

Lindane-skin

0.5

1.5

Malathion-skin

Manganese fume (as Mn)

Mercury (as Hg)

0.05

0.15

Mercury (alky compounds)-skin (as Hg)0.001

0.01

0.003

0.03

Methyl alcohol (methanol)-skin

200

260

250

0.03

Methyl cellosolve-skin

120

(2 methoxy ethanol)

Methyl isobutyl ketone-skin

100

410

125

510

Naphthalane

Nickel carbonyl (as Ni)

0.05

0.35

Nitric acid

Nitric oxide

Nitrobenzene-skin

Oil mist-mineral

Parathion-skin

0.1

0.3

Phenol-skin

Phorate (thimet)-skin

0.05

0.2

Phasgene (Carbonyl cholride)

0.1

0.4

Phosphine

0.3

0.4

Phosphorous (Yellow)

0.1

0.3

Phosphorous pentachloride)

OFFICIAL GAZETTE — GOVT. OF GOA

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Phosphorous trichloride

0.5

Picric acid-skin

0.1

0.3

Pyridine

Silane (silicon tetrahydride)

0.5

0.7

1.5

Styrene, monomer (phenyl-ethylene)

100

420

125

525

Sulfur dioxide

Sulfuric acid

Toluene (toluol)-skin

100

375

150

560

o-Toludine

Trichloroethylene

100

535

150

800

Vinyl Chloride

Welding fumes (NOC)

Xylene (o-m-p-isomers)-skin

100

435

150

655

TABLE 2

Substance

Permissible time weighted

Average concentration

1. Silica

(a) Crystalline

(i) Quartz

(1) In terms of dus count

}

1060 mppcm

% Quartz + 10

(2) In terms respirable dust

}

mg/m

% respirable quatrz + 2

(3) In terms of total dust

}

mg/m

% Quartz + 3

(ii) Cristobalite

Half the limits given against quartz.

(iii) Tridymite

Half the limits given against quartz

(iv) Silica fused

Same limit as for quartz.

(v) Tripoli

Same limit as in formula in item 2

given against quartz.

(b) Amorphous

705 mppem.

2. Silicate having less than 1% free

silica by weight

(a) Asbestos ± fibres longer than 5 microns

(i) Amisite

0.5 fibre/ cubic centimetre

(ii) Chrysotile

2 fibres/ cubic centimeters

(iii) Crocidolite

0.2 fibre / cubic centimeters

(iv) Other form

2 fibres / cubic centimeter

(b) Mica

705 mppem

10 mg/m2

(d) Porlite

1060 mppcm

(e) Portland cement

1060 mppcm

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(f) Soap tone

705 mppcm

(g) Talc (nonabostiform)

705 mppem

(h) Talc (fibrous)

Same limit as for asbestos

(i) Tromlite

Same limit as for asbestos

3. Coal dust

(1) For airborne dust having

Less than 5% silicon dioxide 2 mg.m³

By weight

(2) For airbone dust having

Same limit as prescribed

Over 5% silicon dioxide

by formula in item (2) against quartz.

TABLE 3

Substance

Permissible limit of exposure

Ppm

mg/m3

Acetic anhydride

O-Dichioribenzene

300

Formeldehyde

Hydrogen Chloride

Manganes & compounds (as Mn)

Nitrogen dioxide

Nitroglycerin-skin

0.2

Potassium hydroxide

Sodium hydroxide

2.4. 6-Trinitrolouene (TNT)

0.5

108. Procedure in appeals.- (1) All appeals presented under section 90 shall lie with the Chief

Inspector-cum-Facilitator, or in cases where the order appealed against is an order passed by that

officer, with the Government or with such authority as the Government may appoint in this behalf

and shall be in the form of a memorandum setting forth concisely the grounds of objection to the

order and bearing court fees stamp in accordance with Article 11 of Schedule II to the Court-fees

Act, 1870 Act no.70 of 1870), and shall be accompanied by a copy of the order appealed against.

(2) On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit or if

the appellant has requested that the appeal should be heard with the aid of assessors, call upon the

body declared under sub-rule (3) to be representative of the industry concerned, to appoint an

assessor within a period of 14 days. If an assessor is nominated by such body, the appellate

appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give

due notice of such date to the appellant and to the Inspector-cum-Facilitator whose such order is

appealed against, and shall call upon such date to assist in the hearing of the appeal.

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(3)The appellant shall state in the memorandum presented under sub-rule (1) whether he is a

member of one or more of the following bodies. The body empowered to appoint the assessor

shall-

(a) if the appellant is a member of one of such bodies, be that body;

(b) if he is a member of two such bodies, be the body which the appellant desires should

appoint such assessor; and

the memorandum as to which of such bodies should appoint the assessor, be one of

the following bodies which the appellant authority considers as the best fitted to

represent the industry concerned namely:

Goa Chamber of Commerce & Industry, Panaji

Goa State Industries Association, Panaji

Other associations of employers in the industry concerned.

(d) An assessor appointed in accordance with the provisions of sub-rules (2) and (3) shall

receive, for the hearing of the appeal, a fee to be fixed by the appellant authority,

subject to a maximum of rupees seventy five per diem. He shall also receive the actual

travelling expenses. The fees and travelling expenses shall be paid to the assessors by

the Government, but where assessors have been appointed at the request of the

appellant and the appeal has been decided wholly or partly against him the appellate

authority may direct that the fees and travelling expenses of the assessors shall be paid

in whole or in part by the appellant.

109. Persons defined to hold position of supervision or management or employed in a

confidential position. - (1) In a factory, the following persons shall be deemed to hold positions

of supervision or management within the meaning of clause (a) of sub-section (1) of section 91 of

the Code, provided they are not required to perform manual labour or clerical work as a regular

part of their duties, namely:-

(i) The Manager, Deputy Manager, Assistant Manager, Production Manager, Work

Manager and General Manager;

(ii) Departmental Head, Assistant Departmental Head, Departmental in-charge or

Assistant Department In-charge;

(iii) Chief Engineer, Deputy Chief Engineer and Assistant Engineer;

(iv) Chief Chemist, Laboratory in- Charge;

(v) Personal Manager, Personnel Officer;

(vi) Labour Officer, Assistant Labour Officer;

(vii) Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer;

(viii) Safety Officer;

(ix) Security Officer

(x) Foreman, Charge man, Overseer and Supervisor;

(xi) Jobber in Textile Factories;

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(xii) Head Store-Keeper and Assistant Store-Keeper;

(xiii) Boiler Sarang or such Boiler Attendants who are in-charge of a battery of boilers

and are only required to do supervisory work; and

(xiv) Any other person who, in the opinion of the Chief Inspector-cum-Facilitator, holds

a position of supervision or management and is so declared in writing by him.

(2) In a factory, the following persons shall be deemed to be employed in a confidential

position within the meaning of clause (a) of sub-section (1) of section 91 of the Code, namely:

(i) Stenographer or Telex Operators;

(ii) Office Superintendent;

(iii) Head Accountant and Head Cashier;

(iv) Head Clerk, where there is no Office Superintendent;

(v) Head Time Keeper; and

(vi) Any other person who in the opinion of the Chief Inspector-cum-Facilitator, is

employed in a confidential position and is so declared in writing by him.

(3) Any dispute as to whether a person, by virtue of the nature of his duties falls in any of the

definitions, given in sub-rules (1) or (2) above, shall be decided by the Chief Inspector-cum-

Facilitator by passing an order in writing which shall be final.

(4) On an application made by the occupier or manager of a factory, the Chief Inspector-

cum-Facilitator may declare in writing any person other than the person defined in sub-rules(1)

and (2) above, as a person holding a position of supervision or management or employed in a

confidential position in a factory, if in the opinion of the Chief Inspector-cum-Facilitator, such

person holds such position or is so employed.

(5) All declarations of the nature described in sub-rule(4) of this rule, made by the Chief

Chief Inspector-cum-Facilitator under the provisions of any earlier rules in that behalf, shall be

deemed to have been made under sub-rule(4) and shall continue to remain in force.

110. List of persons defined in rule 109 and overtime muster-roll and slips ± (1) A list

showing the name and designations of all persons defined in rule 106 shall be maintained in every

factory and it shall be made available for inspection to the Inspector-cum-Facilitator at all times

when work is being carried on in any factory.

(2) Where the ordinary rate of wages of any of the persons whose name is shown in the

list maintained under sub-rule (1) of this rule does not exceed the wage limit specified in Code of

Wages, 2020, the manager of the factory shall. ±

(a) maintain a overtime muster-roll in respect of such persons, and

(b) issue overtime slips to such persons.

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111. Conducting Occupational Safety and Health Audit. ± The occupier shall arrange to carry

out an occupational safety and health audit, as follows: -

(a) internally, at intervals not exceeding twelve months, by factory staff,

(b) externally, by an Occupational Safety and Health Auditor recognized by Chief Inspector-

cum-Facilitator, at following intervals, namely :±

(i) once in two years for Category I Factories;

(ii) once in three years for Category II Factories; and

(iii) once in five years for Category III Factories:

except the factories, which are having valid certificate for occupational health and safety

management system issued by a certification body accredited to National Accreditation Board

for Certification Bodies (NABCB) formed by the Quality Council of India under the

administrative control of the Department for Promotion of Industry and Internal Trade, Ministry

of Commerce and Industry, Government of India.

Provided that, in the year when external occupational safety and health audit is carried out,

internal audit need not be carried out for that year:

Provided further that in respect of factories which are in existence on the date of commencement

of these Rules, any internal or external occupational safety and health audit carried out in

accordance with the provisions prescribed under the Goa Factories (Occupational Safety and

Health Audit) Rules, 2014, as amended from time to time, shall be deemed to be carried out

under this rule and shall remain valid until the expiry of above referred interval under which

category the factory shall fall.

For the purpose of this rule ±

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as defined under clause (ja) of rule 2 of the Manufacture, Storage and Import of Hazardous

Chemicals Rules, 1989, as amended from time to time;