Rule 91. Medical Examination under of section 85

(1) Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner hereinafter referred to as Factory Medical Officer, in the following manner, namely, -

a) Once before employment, to ascertain the physical fitness of theperson 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 Factory 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 examinations carried out as aforesaid shall be recorded in the Health Register in Form -V.

(2) No person shall be employed in a hazardous process for the first time without a Certificate of Fitness in Form-VI granted by the Factory Medical Officer. If the Factory Medical Officer 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 is also a Medical Officer, he may dispose of the application himself.

(3) Any findings of the Factory Medical Officer 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 shall be provided with alternate placement unless he/she is, in the opinion of the Medical Officer, fully incapacitated, in which case the worker affected shall be suitably rehabilitated.

(4) A Medical Officer on his own motion or on a reference from an Inspector may conduct a medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Medical Officer in such a case shall be final. The fee required for this medical examination shall be as prescribed, and it shall be paid by the Occupier through online mode.

(5) 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.

(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 refuse to undergo such medical examination.