Rule 42. Medical supervision clause

(1) A Medical Officer appointed under sub-section (1) of section 42 of the Code shall carry out examination and furnish report as Government may direct:

(a) for examination and certification of workers in an establishment in such dangerous occupation or processes as specified in First Schedule of the Code;

(b) for medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to arduous nature of any process carried on or hazardous condition of work;

(c) in respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein;

(d) to undertake occupational health survey for any or class of an establishment, where cases of illness have occurred or there is prevalence of diseases as prescribed in Third Schedule of the Code.

(2) (a) On receipt of a reference under clause (c) sub-section (2) of section 42 of the Code or otherwise, the Medical Officer shall, after giving prior notice regarding date, time and place for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the establishment concerned after retaining a copy thereof.

(b) The Medical Officer may seek opinion of specialists like radiologist, dentist and orthopedic surgeon as the case may be, for the purpose of determination of age.

(3) Process for medical fitness examination:

(a) A medical officer shall, on the application of any adolescent or his parent or guardian accompanied by a document signed by the employer of afactory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the employer of the factory in which any adolescent wishes to work, examine such person and ascertain his fitness for work in a factory.

(b) The medical officer, after examination, may grant to such adolescent, in Form XXI or may renew, a certificate of fitness to work in a factory as an adolescent, if he is satisfied that the adolescent has completed his fourteenth year, has attained the prescribed physical standards and is fit for such work:

Provided that unless the Medical Officer has personal knowledge of the place where the adolescent proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-rule until he has examined such place.

(c) A certificate of fitness granted or renewed under sub-rule (2),

a) shall be valid only for a period of twelve months from the date there of;

b) may be made subject to conditions with regard to the nature of the work in which adolescent may be employed, or requiring re-examination of the adolescent before the expiry of the period of twelve months.

(d) A medical officer shall revoke any certificate granted or renewed under sub-rule (2), if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.

(e) Where a certificate under this rule with reference to any adolescent is granted or renewed subject to such conditions as are referred to in sub-rule(3), the adolescent shall not be required or allowed to work in any establishment/ factory, except in accordance with those conditions.

(f) Fee required for medical examination must be paid by the employer and shall not be recoverable from the adolescent, his parents or guardian. The Fee for medical examination shall be paid electronically as fixed by the State Government by notification from time to time.

(g) Medical Officer shall maintain record of examinations under this rule in Form-V.