Schedule XXIII

(See rule 84)

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 paragraph 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 the 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 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 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 these substances, are present or are formed as a by-

product of a chemical reaction in a total concentration not exceeding one percent;

a) beta- naphthylamine and its salts;

b) Benzidine and its salts;

c) 4-amino diphenyl and its slats;

d) 4-nitro diphenyl and its salts; and

e) any substances 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) Dianisidine and its salts;

d) Dichlorobenzene and its salts;

e) Auramine; and

f) 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, processes, handled, or used except as exempted by

the Chief Inspector-cum-Facilitator as stipulated in Paragraph 23.

6. Requirements for processing or handling controlled substances

a) Where ever any of the controlled substances referred to in paragraph 4 are formed manufactured,

processed, handled, or used, all practical steps 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.

b) 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.

c) 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

a) The following items of personal protective equipment shall be provided and issued to every worker

employed in the said processes:-

(i) long trousers and shirts or overall, with full sleeves and head coverings. The shirt or overall

shall cover the neck completely; and

(ii) rubber gum-boots.

b) 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;

(i) rubber hand-gloves;

(ii) rubber aprons; and

(iii) airline respirators or other suitable respiratory protective equipment.

c) 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 women or young person shall

be employed or permitted to work in any room in which the said process is carried on.

9. Floors of workroom – The floor of every workroom in which the said process 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 gutter sand

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, exempted or handled

except by means of a scoop with a handle such scoop shall be thoroughly cleaned daily.

12. Instructions regarding risk – Every worker in his first employment in the said processes shall be fully

instruction on the properties of the toxic chemicals to which he/she 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 easily and

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 exfoliate cytology of urine by the Medical Officer or

the qualified medical practitioner as provided by under these rules.

15. Washing and bathing facilities

(a) 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 process:-

(i) a wash place under cover having constant supply of water and provided with clean towels,

soap and nailbrushes and with at least one stand pipe for every five such workers;

(ii) 50 percent of the stand pipes provided under clause (a) shall be located in the bathrooms

where both hot and cold water shall be made available under the working hours of the factory

and for one hour thereafter;

(iii) the washing and bathing facilities shall be in close proximity of the area housing and the said

process;

(iv) clean towels shall be provided individually to each worker; and

(v) 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.

(b) Arrangement shall be made to wash factory uniforms and other work clothes every day.

16. Food, drinks etc. prohibited in workroom – No worker shall consume food, drink, a 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) 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

mess room, for the storage of protective equipment provided under paragraph 7.

The accommodation so provided shall be under the case of responsible person and shall be kept clean.

18. 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.

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 process. Further, at least 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

a) The occupier of every factory to which the schedule applies, shall-

(i) employs a qualified medical practitioner for medical surveillance of the workers employed

therein whose employment shall be subject to the approval of the Chief Inspector-cum-

Facilitator of Factories; and

(ii) provided to the said medical practitioner all the necessary facilities for the purpose referred

to in clause(a).

b) The record of medical examinations and appropriate tests carried out by the said medical

practitioner shall be maintained in a separate register provided by the Chief Inspector-cum-

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

Facilitator.

22. Medical examination by the Medical Officer

a) Every worker employed in the said process shall be examined by a Medical Officer within 15 days

of his first employment. Such examination shall include tests for detection of methaemoglobin in

food (Haematological tests), Para nitrophenol in urine, pulmonary function tests and CNS tests.

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.

b) Every worker employed in the said processes shall be re-examined by a Medical Officer at least

once in every six calendar months and such re-examination shall, wherever the Medical Officer

considers appropriate, include all the tests specified in sub-paragraph (1).

c) The Medical Officer after examining a worker shall issue a Certificate of Fitness in FORM VI.

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 manager of the factory. The record of each

examination carried out under sub-paragraph (1) and (2), including the nature and the results of

these tests, shall also be entered by the Medical Officer in a health register in Form-V.

d) The Certificate of fitness and the health register shall be kept readily available for inspection by the

Inspector-cum-Facilitator.

e) 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/she 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/she considers that the said person is unfit to work in the said processes. The person so

suspended from the process shall be provided with alternate placement facilities unless he/she is

fully incapacitated in the opinion of the Medical Officer, in which case the person affected shall be

suitably rehabilitated.

f) No person who has been found unfit to work as said in subparagraph (5) shall be re-employed or

permitted to work in the said process unless the Medical Officer after further examination, a gain

certifies him fit for employment in those processes.

23. Exemptions – Prohibited substances

a) The Chief Inspector-cum-Facilitator may by a Certificate in writing which he/she 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 if formed processes,

manufactured, handled, used, from the provisions of paragraph 5 if he/ she 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 or such purpose is free from any of the prohibited substances.

b) The Chief Inspector-cum-Facilitator 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 system in such a manner that no prohibited substance other than Benzidine hydrochloride

is removed there from except in quantities no greater than that required for the purpose of control

of the processes or such a 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 with not less than one part of water to two parts of

Benzidine hydrochloride at all times.

24. Exceptions – General – If in respect of any factory the Chief Inspector-cum-Facilitator 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-cum-Facilitator may by a Certificate in writing (which he/she 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/she may specify therein.

CAUTIONARY PLACARD/NOTICE CARCINOGENIC DYE INTERMEDIATES

1. Dye intermediates which are nitro amino derivates or aromatic hydrocarbons are toxic. You have to

handle these chemicals frequently in this factory.

2. Use the various items of protective wear to safeguard your own health.

3. Maintain scrupulous 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 off any 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 medial 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. Keep your food 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.