Rule 109. Medical examination of a worker under sub-clause (ii) of clause (c) of section 85

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

(b) Once in a period of 6 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 medical practitioner it is necessary to do so at a shorter interval in respect of any workers.

(c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register.

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

(3) Any findings of the 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 30 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 advise 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 is in the opinion of the Medical Officer, fully incapacitated in which case the worker affected shall be compensated as per law.

(4) A Medical Officer on his own motion or on a reference from an Inspector may conduct 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 paid by the occupier.

(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.

Standards for the health and safety