Rule 75. Manner of providing for medical examination of a worker under sub-clause (ii) of clause (c) of section 85

(1) Workers employed in a 'hazardous process' shall be medically examined by a qualified medical practitioner in the following manner: -(a) Once before employment, to ascertain physical fitness of the person to do the particular job;

(b) Once in a period of 6 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 Medical Officer it is necessary to do so at a shorter interval in respect of any worker;

(c) The details of pre employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register in Form XXVIII.

(2) No person shall be employed for the first time without a certificate of Fitness in Form XXIX granted by the Medical Officer. If the Medical Officer declares a person that 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 Civil Surgeon of that area whose opinion shall be final in this regard.

(3) Any findings of the Medical Officer revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the chief Inspector cum facilitator and Civil Surgeon of that area and who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days, If the Civil Surgeon 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 be provided with alternate placement unless he is fully incapacitated, in the opinion of the Civil Surgeon, in which case the worker affected shall be suitably rehabilitated:

(4) 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 Civil Surgeon of that area and after making entry to that effect in the Health Register.

(5) An inspector -cum-facilitator may, if he deems it necessary to do so refer worker to the Civil Surgeon of that area or medical officer for medical examination as required under sub-rule (1) and the opinion of the Civil Surgeon or medical officer in such a case shall be final. The fee required for this medical examination shall be paid by the occupier.

(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 undergo such medical examination.

(7) 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.