Rule 116. Medical examination of workers employed in hazardous process

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

(b) 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 qualified medical practitioner it is necessary to do so at a shorter interval in respect of any worker; and

(c) the details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the health register in Form- 39 electronically or otherwise.

(2) No person shall be employed for the first time without a certificate of Fitness in Form-38 granted by the qualified medical practitioner. If the qualified medical practitioner 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 himself is also a Medical Officer, he may dispose of the application himself.

(3) Any finding of the qualified medical practitioner 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 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 Medical Officer in which case the worker affected shall be suitably rehabilitated

Provided that the Medical Officer on his own may examine any worker when he considers it necessary to do so for ascertaining the suitability of his employment in the 'hazardous process· or for ascertaining the health status of any worker.

(4) The workers 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.

(5) An Inspector-cum-Facilitator may, if he deems it necessary to do so, refer a worker to the Medical Officer for medical examination as required under sub- rule (1) or if he is a Medical Officer himself, conduct such medical examination. The opinion of the Medical Officer in such a case shall be final. The fees 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 Administration UT of Lakshadweep shall not refuse to undergo such medical examination.