Rule 100. Dangerous manufacturing process or operation under section 82

(1) The following manufacturing process or operation when carried on in any factory are declared to be dangerous manufacturing process or operation under clause (a) of section 82:-1. Manufacture of aerated water and processes incidental thereto. 2. Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic acid or other chromium compounds. 3. Manufacture and repair of electric accumulators. 4. Glass manufacture. 5. Grinding or glazing of metals. 6. Manufacture and treatment of lead and certain compounds of lead. 7. Generation of gas from dangerous petroleum, as defined in the Petroleum Act, 1934 (Central Act No. 30 of 1934). 8. Cleaning or smoothing, roughening etc., of articles by a jet of sand metal short or grit or other abrasive propelled by a blast of compressed air or steam. 9. Lining and tanning of raw hides and skins and processes incidental thereto. 10. Manufacture of chemical and processes incidental thereto. 11. Manufacture of pottery and processes incidental thereto. 12. Printing presses and type foundries-certain lead processes carried therein. 13. Manufacture of bangles and other articles from cinematograph film and toxic and inflammable solvents. 14. Compression of oxygen and hydrogen produced by the Electrolysis of water. 15. Handling and processing of Asbestos, manufacture of any article of Asbestos and any other process of manufacture or otherwise in which Asbestos is used in any form. 16. Manipulation of stone or any other material containing free silica. 17. Handling and Manipulation of corrosive (liquids and substances). 18. Manufacture or Manipulation of Carcinogenic Dye Intermediates. 19. Process of extracting vegetable oils from oil cakes in Solvent Extraction Plant. 20. Manufacture or Manipulation of manganese and its compounds. 21. Manufacture, handling and use of Benzene. 22. Carbon Disulphide Plants. 23. Manufacture and Manipulation of Dangerous Pesticides. 24. Operations involving high Noise levels. 25. Manufacture of Rayon by Viscose Process. 26. Highly Flammable Liquid and Flammable Compressed Gases. 27. Operation in Foundries. 28. Fireworks Manufacturing and Match Factories.

(2) The provisions specified under clause (b), (c) and (d) of section 82 and in the Schedules annexed hereto shall apply to any class or description of factories wherein dangerous manufacturing process or operation specified in each Schedule are carried out.

(3) Notwithstanding the provision specified in the schedules appended to this rule, the Inspector-cum-Facilitator may, by issue of orders in writing to the manager or occupier or both, direct them to carry out such measures, and within such time, as may be specified in such order with a view to removing conditions dangerous to the health of the workers, or to suspend any process, where such process constitutes, in the opinion of the Inspector-cum-Facilitator , imminent danger of poisoning or toxicity.

(4) Any register or record of medical examination and tests connection therewith required to be carried out under any of the schedules annexed hereto in respect of any workers shall be kept readily available to the Inspector-cum-Facilitator and shall be preserved till the expiry of one year after the workers ceases to be in employment of the factory or for the time period specifically prescribed in any of the Schedule below, whichever is higher.

(5) No pregnant woman shall be employed in any part of a factory wherein or near thereby a dangerous manufacturing process or operation is carried out. However, before employing any woman other than pregnant women in a factory wherein dangerous manufacturing process or operation is carried out, the occupier shall ensure that engineering control is installed, safety training, prescribed medical examination, specialised Personal Protective Equipment, as may be notified by the State Government, are provided.

(6) The Permit to work system shall inter alia include the observance of the following precautions while carrying out any specified work to be subjected to the permit to work system;-(a) all work subject to the permit to work system shall be carried out under the supervision of a knowledgeable and responsible person;

(b) all parts of plant or machinery or equipment on which permit to work system is carried out, shall remain isolated from other parts throughout the period of permit to work and the place of work including the parts of plant, machinery shall be rendered safe by cleaning, purging washing etc.;

(c) all work subject to the permit to work system shall have predetermined work procedures which integrate safety with the work. Such procedures shall be ‍487

reviewed whenever any change occurs in material or equipment so that continued safety is ensured;

(d) persons who are assigned to carry out the permit to work system shall be physically fit in all respects taking into consideration the demands and nature of the work before entering into the confined space. Such persons shall be adequately informed about the correct work procedures as well as the precautions to be observed while carrying out the permit to work system;

(e) adequate rescue arrangements wherever considered necessary and adequate first aid, rescue and resurrection arrangements shall be available in good working condition near the place of work while carrying out the permit to work system for use in emergency;

(f) adequate rescue arrangements wherever considered equipment shall be used while carrying out the 'permit to work system';

(g) after completion of work subject to the 'permit to work system’, the person responsible shall remove all the equipment and tools and restore to the original condition so as to prevent any danger while carrying out a regular process; and

(h) Alternate power supply arrangements shall be made and interlocked with the normal power supply system so as to ensure constant supply of power to the facilities and equipment meant for compliance with requirements of the schedules made under this rule.

(7) There shall be provided and maintained in a cleanly state and in good repair for the use of all persons employed in dangerous operation process,-

(a) a wash place under cover with either,-

(i) a trough with a smooth impervious surface fitted with a waste pipe, without plug and of sufficient length to allow of at least 60 cms. for every ten such persons employed at any one time and having a constant supply of water taps of jets above the trough at intervals of not more than 60 cms.; or

(ii) at least one wash basin for every ten such persons employed at any one time, fitted with a waste pipe and plug and having a constant supply of clean water:

(iii) a sufficient supply of clean towels made of suitable materials renewed daily; and

(iv) a sufficient supply of soap or other suitable cleansing materials.

(b) there shall in addition be provided means of washing facilities if required by notice in writing from the Chief Inspector-cum-Facilitator .

(8) Before each meal and before the end of the day's work, at least ten minutes, in addition to the regular meal times, shall be allowed for washing to each worker or employee:

Provided that if there be one basin or 60 cms. of trough for each such person this sub-rule shall not apply.

(9) Sufficient bath accommodation to the satisfaction of the Chief Inspector-cum-Facilitator shall be provided along with sufficient supply of soap and clean towels.

(10) No food, drink, Paan and supari or tobacco shall be consumed or brought by any worker into any work-room in which any dangerous operation process is carried on.

(11) The occupier of all the factories carrying out processes covered under section 82, shall provide,-(a) for all the workers working in a shift, mess room facility, which are well ventilated and provided with sitting facilities along with the provision of drinking water; and

(b) such facilities shall include suitable arrangements for cleaning and washing and shall be maintained in clean and hygienic conditions.

(12) The occupier of every factory carrying out any process covered under section 82 shall provide,-(a) for all the workers employed in the process, cloak room facilities with lockers. Each worker shall be provided with locker; and

(b) the cloak room facilities shall be located as far as possible near to the facilities provided for washing. If it is not possible to locate the washing facilities the cloak room facilities shall have adequate and suitable arrangements for cleaning & washing.

(13) The occupier of every factory having licence of more than 100 workers and to which this rule applies, shall,-

(a) employ a qualified medical practitioner having qualification, training and experience in conducting a thorough Medical check-up against the hazards likely to creep in such type of process; and

(b) provide to the said medical practitioner the necessary facilities for the purpose referred to in clause (a);

(14) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in a Health Register, which shall be kept readily available for Inspection by the Inspector-cum-Facilitator.

(15) Workers employed in processes covered under this rule shall be medically examined by a Medical Practitioner or Medical Officer in the following manner:-

(a) Once before employment, to ascertain physical suitability of the person to do the particular Job;

(b) Once in a period of 12 months or less as defined in the schedule, to ascertain the health status of the workers;

(c) The details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in Health Register and maintained; ‍489

(d) Any finding of the Medical Practitioner revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the occupier. If the Factory Medical Practitioner is of the opinion that the worker so examined is required to be suspended from the process for health protection, he will advise the occupier accordingly, who shall not employ the said worker in the same process. However, the worker so suspended from the process shall be provided with alternate placement facilities unless he is fully in capacitated in the opinion of the Medical Practitioner, in which case the person affected shall be suitably rehabilitated:

Provided that the Medical Officer on his own may examine any other workers whom he feels necessary to be examined for ascertaining the suitability of his employment in the processes covered under this rule or for ascertaining the health status of any other worker and his opinion shall be final.

(e) No person shall be newly appointed without the Certificate of Fitness granted by the Medical Practitioner. If the Medical Practitioner declares a person unfit for being appointed to work in the process covered in sub-rule (1) then such person shall have a right to appeal to the Medical Officer, whose opinion shall be final in this regard;

(f) The worker suspended from the process owing to the circumstances covered in sub-para (d) shall 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.

(16) In every factory carrying out dangerous operations,-

(a) Every worker employed in any of these processes to which this rule applies shall be examined by a Medical Officer within 15 days of his first employment. Such examination shall include such medical tests as mentioned in the Schedule related to the processes. 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 twelve months. Such re-examination shall, wherever the Medical Officer considers appropriate include tests as specified in Schedules appended to this rule.

(c) The Medical Officer after examining a worker, shall issue a Certificate of Fitness. 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 clause (a) and (b) above, including the nature and results of the tests, shall also be entered by the Medical Officer in a health register.

(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 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 for work in the said processes.

(f) No person who has been found unfit to work as said in clause (e) above 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.

(17) In all the factories carrying out dangerous operation there shall be provided and maintained in good order an Occupational Health Centre with facilities as per scale laid down hereunder:

(a) For factories having licence upto 50 workers,-(i) The services of a qualified medical practitioner, hereinafter known as Factory Medical Practitioner, available on a retainership basis, in his notified clinic near to the factory for seeking medical help during emergency. He will also carry out the pre-employment and periodical medical examinations.

(ii) A minimum of five persons trained in first aid procedures, amongst whom at least one shall always be available during the working period:

(iii) A fully equipped first aid box.

(iv) List of hazardous substance, chemicals and dangerous operations along with Material Safety Data Sheets.

(b) For factories employing 51 to 200 workers,-

(i) The occupational health centre shall have a room having a minimum floor area of 15 sq.m. with floor and walls made of smooth hard and impervious surface and shall be adequately illuminated, ventilated and equipped:

(ii) A part time Factory Medical Practitioner will be in overall charge of the Centre who shall visit the factory minimum twice in a week and whose services shall be readily available during emergencies.

(iii) There shall be one qualified and trained dresser-cum-compounder on duty throughout the working period.

(iv) A fully equipped first aid box.

(v) List of hazardous substance, chemicals and dangerous operations along with Material Safety Data Sheets.

(c) For factories employing above 200 workers,-‍491

(i) There shall be one full time Factory Medical Practitioner for factories employing up to 500 workers and one more Medical Practitioner for every 1000 workers or part thereof.

(ii) The occupational health centre in this case shall have a minimum of 2 rooms each having a minimum floor area of 15 sq. m. each with floors and walls made of smooth, hard and impervious surface and shall be adequately illuminated, ventilated and equipped.

(iii) There shall be one trained nurse, one dresser-cum-compounder and sweeper-cum-ward boy throughout the working period.

(iv) The occupational Health Centre in this case shall be suitably equipped to manage medical emergencies.

(v) List of hazardous substance, chemicals and dangerous operations along with Material Safety Data Sheets.

(18) In every factory having licence for more than 500 workers and carrying out dangerous operation, there shall be provided and maintained in good condition a fully equipped ambulance van as may be prescribed and manned by a full time driver-cum-mechanic and a helper, trained in first aid for the purposes of transportation of serious cases of accidents or sickness. The ambulance van shall not be used for any purpose other than the purpose stipulated herein and will always be available near the Occupational Health Centre.