Schedule XXI

MANUFACTURE OR MANIPULATION OF CARCINOGENICDYE

INTERMEDIATES

1. Application:-

The Schedule shall apply in respect of all factories or any part thereof

where processes in which the substances mentioned in paragraphs 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 process indicated in this paragraph shall be referred to herein after as

"the said process", and such a reference shall mean any or all the

processes described in this paragraph.

2. Definitions:- For the purpose of this Schedule the following definitions shall

apply, unless the context otherwise requires:

(a) "controlled substances “means chemical substances mentioned in

paragraph7 of this Schedule.

(b) "efficient exhaust draught" means localized ventilation effected by

mechanical means 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 originated.

(c) "first employment" means first employment in the said processes and

also re- employment in such processes following any cessation of

employment for a continuous period exceeding three calendar months.

(d) "prohibited substances" means chemical substances mentioned in

paragraph3 of this Schedule.

3. Prohibited substances:- For the purpose of this Schedule, the following

chemical substances shall be classified as "prohibited substances" except

when these substances are present or are form ed as a by-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,

(c) 4-aminodiphenyl and its salts,

(d) 4-nitrodiphenyl and its salts, and

(e) Any substance containing any of the decompounds.

4. Controlled substances:-For the purpose of this Schedule, the following

chemical substances shall be classified as controlled substances namely:-

(a) Alpha naphthylamine or alpha naphthylamine containing not more than

one percent of beta naphthylamine either as by-product of chemical

reaction or otherwise, and its salts.

(b) Ortho-tolidine and its salts.

(c) Dianisidine and its salts.

(d) Di chlorobenzene and its salts.

(e) Magenta.

5. Prohibition of employment:- No person shall be employed in the said

process in any factory in which any prohibited substance 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 or absorption of the

said controlled substance, by the workers while engaged in processing

that substance and its storage or transport within the plant, or in

cleaning or maintenance of the concerned equipment, plant, machinery

and storage areas.

(2) 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.

(3) The controlled substances shall be received in the factory in tightly

closed containers and shall be kept so except when those 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 of personal protective equipment shall be

provided and issued to every worker employed in the said process:-

(a) long trousers and shirts or overall, with full sleeves and head

coverings. The shirt or over all shall cover the neck completely.

(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

(c) Air line respirators or other suitable respiratory protective

equipment.

(3) It shall be the responsibility of 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 young persons.- No

woman or young person shall be employed or permitted to work in any

room in which the said manufacturing processes are carried on.

9. Floors of work room:- The floor of every work in which the said

manufacturing 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, (c) with a suitable

slope for easy draining and provided with gutters and (d) thoroughly

washed daily with the drain water being led into a sewer through a closed

channel.

10. Disposal of empty container:- Empty containers used for holding controlled

substances shall be thoroughly cleaned of their contents and treated with

an inactivating 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 on 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 about the

measures to be taken to deal with an emergency.

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 by the workers. Arrangements shall be

made by the manager to instruct periodically and such workers regarding

the precautions contained in the cautionary placards.

14. Medical facilities and records of examinations and tests:

(1) The occupier of every factory to which the schedule applies, shall

a. employ a Health Surveillance Officer for medical surveillance of the

workers employed therein.

b. provide to the said Health Surveillance Officer all the necessary

facilities for the purpose referred to in clause (a).

(2) Workers employed in this scheduled process / operation shall be

medically examined by the Health Surveillance Officer-

i. Once before employment, to ascertain the physical fitness of the person

to do the particular job:

ii. Once in a period of six months, to ascertain the health status of all the

workers in respect of occupational health hazards to which they are

exposed; and in cases where in the opinion of the Health Surveillance

officer it is necessary to do so at a shorter interval in respect of any

workers.

(3) The pre-employment medical examination shall include pulmonary

function test, tests for detecting asbestos fibers in sputum and chest X-

ray.

(4) The periodical re-examination shall, wherever the Health Surveillance

Officer considers appropriate, include all the tests of pre-employment

except the chest X-ray which shall be carried out at least once in three

years.

(5) The record of the examinations referred to in sub-paragraph (2) shall be

maintained in Health Register in Form: HR in Form --- which shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

(6) No person shall be employed for the first time without a Certificate of

Fitness in Form: XVII granted by the Health Surveillance officer. If the

Health Surveillance 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 Inspector-cum-Facilitator who shall refer the matter to the

Medical Officer whose opinion shall be final in this regard. If the Inspector-

cum-Facilitator is also a Medical Officer, he may dispose of the application

himself.

(7) Any findings of the Health Surveillance 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 thirty days. If

the Medical Officer is of the opinion that the workers examined is required

to be taken away from the process for health protection, he will direct the

occupier accordingly, who shall not employ the said worker in the same

process. However, the worker so taken away shall be provided with

alternate placement unless he is in the opinion of the Medical Officer, fully

incapacitated in which case the worker affected shall he suitably

rehabilitated.

(8) 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 the scheduled Process/operation or for

ascertaining his health status. The opinion of the Medical Officer in such a

case shall be final. The fee required for this medical examination shall be

paid by the occupier.

(9) 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.

15. Obligation 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 urine by the certifying Surgeon or the

qualified medical practitioner as provided for under these rules.

16. 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 namely:-

(a) A wash place under cover having constant supply of water and

provided with clean towels, soap and hair brushes and with at least

one standpipe for every such worker.

(b) 50 percent of the standpipes 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.

(c) The washing and bathing facilities shall be in close proximity of the

area housing the said processes.

(d) Clean towels shall be provided individually to each worker.

(e) In addition to the taps mentioned under Clause(a) one standpipe, in

which warm water is made available, shall be provided on each floor.

(2) Arrangements shall be made to wash factory uniforms and other work

clothes every day.

17. Food, drinks, etc., prohibited in work room:- No worker shall consume

foods, drink, pan, supari or tobacco or shall smoke in any work room in

which the said processes are carried on and no worker shall remain in such

room during intervals for meals or rest.

18. Cloak room:- There shall be provided and maintained in a clean state and

in a good repair for the use of workers those employed in the said

processes (a) a cloak room 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 from the mess room for the storage of protective

equipment provided under paragraph 7. The accommodation so provided

shall be under the case of a responsible person and shall be kept clean.

19. Mess room:- 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 mess room which shall be furnished with tables and

benches and provided with suitable means for warming food.

20. Time allowed for washing:- Before the end of each shift thirty minutes shall

be allowed for bathing for each worker who is employed in the said

processes. Further, at least ten minutes shall be allowed for washing

before each meal in addition to the regular time allowed for meals.

21. Restriction on age of persons employed:- No worker under the age of forty

years shall be engaged in the factory in the said processes for the first

time after the date on which the Schedule comes into force.

22. Exemptions regarding prohibited substances:-

(1) The Chief Inspector may by a 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, manufactured, 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 purpose of

control of the process or such purposes as is necessary to ensure that the

product is free from any of the prohibited substances.

(2) The Chief Inspector may allow the manufacture, handing or use of

benzidine 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 benzidine hydrochloride is removed

therefrom except in quantities no greater than that required for the

purpose of control of the processes or 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 hydrochlorides is except

while not in a totally enclosed system, kept wet with not less than one part

of water to two parts of benzidine hydrochloride at all times.

23. General 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 are not necessary for the protection of the workers in the factory,

the Chief Inspector 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.