The Occupational Safety, Health and Working Conditions (Jammu and Kashmir) Rules, 2026
Schedule B XXIII
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Manufacture or manipulation of carcinogenic dye 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 processes indicated in this paragraph shall be referred to
hereinafter as "the said processes", 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
paragraph 4 of this schedule ;
b. "efficient exhaust draught" means localised 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 originates ; and
c. "prohibited substances" means chemical substances mentioned in
paragraph 3 of this schedule.
3. Prohibited substances.-For the purpose of this schedule, the following
chemical substances shall be classified as "prohibited substances" except
when theses substances are present or are formed as a by-product of a
chemical reaction in a total concentration not exceeding one per cent:-
a. beta-naphthylamine and its salts ;
b. Benzedrine and its salts ;
c. 4-amino biphenyl 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 substances shall be classified as "controlled substances" :-
a. alpha-naphthylamine or alpha-naphthylamine containing not more than
one percent of beta-naphthylamine either as a by-product of chemical
reaction or otherwise, and its salts ;
b. ortho-tolidine and its salts ;
c. dianisdine and its salts;
d. dichlorobenzidine 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 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 controlledsubstance 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 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 of 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.
(1)The followingitems ofpersonalprotective 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
airline respirators or other suitable respiratory protective equipment.
(2) 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 young persons.-
No woman or young person shall be employed or permitted to work in any
room in which the said processes are carried on.
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;
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 containers.-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 on 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 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 urine 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 ;
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 ; 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, drinks, 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, atleast 10 minutes shall be allowed for washing before
each meal in addition to the regular time allowed for meals.
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 the schedule comes into force.
21.
Medical facilities and records of examinations and tests.-
1. The occupier of every factory to which this 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 medical practitioner all the necessary facilities for the
purpose referred to in clause (a).
2. The record of such examinations carried out by the 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.
22. Medical examination by Medical Officer.-(1) Every worker employed in
the processes specified in paragraph 1 shall be examined by a Medical Officer
within 15 days of his first employment. Such examinations shall include skin
test for dermatitis and 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.
(2) Every worker employed in a manganese process shall be re- examined by
a Medical Officer at least once in every three calendar months and such
examination shall, wherever the Medical Officer considers appropriate,
include all the tests in sub-paragraph (1).
(3) The Medical Officer after examining a worker, shall issue a Certificate of
Fitness in: Form XXIII. 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 manger of the factory. The record of each
examination carried out under sub-paragraph (1) and (2), including the
nature and the results of these test, shall also be entered by the Medical
Officer in a health register in Form XXIV.
(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 the opinion that a worker is no
longer fit for employment in the said processes 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 should
also include the period for which he considers that the said person is unfit
to work in the said 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 as said in 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.
23.Exemptions-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, form 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 the 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, handling or use of benzidine
hydrochloride provided that all the processes in connection with it are carried
out in a totally enclosed syster 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 hydrochloride is, except while not in a totally enclosed system,
kept wet not less than one part of water to two parts of benzidine
hydrochloride at all times.
24.Exemptions-general.-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 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.
APPENDIX-A
CAUTIONARY PLACARD/NOTICE
Carcinogenic dye intermediates
1. Dye intermediates which are nitro amino derivatives or aromatic hydrocarbons
are toxic. You have to handle these chemicals frequently in this factory.
2. Use the variousitems of protective wear to safeguard your own health.
3. Maintainscrupulous cleanliness at all times.Thoroughly wash hands and feet
before taking meals. It is essential to take a bath before leaving the factory.
4. Wash offany 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 cyanosis. Contact the
medical officer or appointed doctor immediately and get his advice.
5. Handle the dye intermediates only with long handled scoops, never with bare
hands.
6. Alcoholic drinks should be avoided as they enhance the risk of poisoning by
the chemicals.
7. Keepyourfood and drinks away from work place. Consuming food,drinks or
tobacco in any form at the place of work is prohibited.
8. Serious effects from work with toxic chemicals may follow after many years.
Great care must be taken to maintain absolute cleanliness of body, clothes,
machinery and equipment.