Schedule H (xvi)

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) "First employment" shall mean first employment in the processes specified in Paragraph

1 and shall also include re-employment in the said Process following any cessation of

employment for a continuous period exceeding three calendar months;

(b) "manipulation" means crushing, breaking, chipping, dressing, grinding, sieving, mixing,

grading or handling of stone or any other material or any other operation involving such

stone or material; and

(c) "stone or any other material containing free silica" means a stone or any other solid

material containing not less than 5 per cent 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, namely—

(a) dampening the stone or other material being processed;

(b) providing water spray;

(c) enclosing the processes;

(d) isolating the processes; and

(e) providing localised exhaust ventilation:

are adopted 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 Schedule ‘G’ appended to Section 88 of the Code:

Provided that such measures as above said are not necessary if the processes of

operation itself is such that the level of dust created and prevailing does not exceed the

permissible level referred to.

4. Maintenance of floors.—(1) All floors or places where fine dust is likely to settle on and wherein

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.

(2) The surface of every floor of every workroom or place where any work is carried on or

where any person has to pass during the course of his work, shall be cleaned 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 to 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 on.

6. Medical facilities and records of examinations and tests.—(1) The occupier of every factory to

which the Schedule applies, shall—

(a) employ a qualified medical officer for medical surveillance of the workers

employed therein where number of workers exceeds 50;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 cum

Facilitator which shall be kept readily available for inspection by the Inspector-cum-

Facilitator.

7. Medical examination by Factory medical officer.—(1) Every worker employed in the processes

specified in Paragraph 1, shall be examined by a Factory 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 15 days of his first employment unless certified

fit for such employment by the Factory medical officer.

(2) Every worker employed in the said process shall be re-examined by a Factory medical

officer at least once in every twelve months. Such examination shall, wherever the

Factory medical officer considers 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 Factory medical officer after examining a worker, shall issue a Certificate of Fitness

in Form XXXIII. The record of re-examination 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 the Factory medical

officer in Health Register in Form V.

(4) The Certificate of Fitness and the Health Register shall be kept readily available for

inspection by the Inspector cum-facilitator.

(5) If at any time the Factory Medical Officer or 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 those documents also include the period for which he considers that the

said person is unfit for work in the said 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 said processes unless the Medical Officer after

further examination, again certifies him fit for employment in those Processes.

8. Exemption.—If in respect of any factory, the Chief Inspector-cum-Facilitator is satisfied that

owing to the exceptional circumstances or infrequency of the Process or for any other reason,

all or any of the provisions of this Schedule are not necessary for protection of the workers in

the factory, the Chief Inspector-cum-Facilitator 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.