Schedule XV

MANUFACTURE OR MANIPULATION OF CARCINOGENIC DYE INTERMEDIATES

APPLICATION:

1.Application.-The schedule shall apply in respect of all factories or any part thereof where

processes in which the substances mentioned in paragraphs 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 Process indicated in this paragraph shall be referred to hereinafter as "the said processes " and such a

reference shall mean any or all of the process 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 localised ventilation affected by mechanical

means for the removal of gas, vapour, dust or fumes 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 at the point where

such gas, vapour, fume or dust originated.

(c) "First Employment" means first employment in the said processes and also re-

employment in such processes following any cessation of employment for a

continuous period exceeding three calendar months, and

(d) "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 per cent:—

(a) Beta-naphthylamine and its salts ;

(b) Benzidine and its salts ;

(c) 4-amino diphenyl and its salts ;

(d) 4-nitro diphenyl and its salts; and

(e) any substance 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 per

cent 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) Dichlorobenzidine and its salts ;

(e) Auramine, and

(f) Magenta.

5. Prohibition of employment.—No person shall be employed in the said processes in any factory

in which any prohibited substance is formed, manufactured, processed, 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.—(1) Whereever any of the

controlled substances referred to in paragraph 4 are formed, manufactured, processed, handled, or used, all

practical steps shall 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 while the plant, or in

cleaning or maintenance of the concerned equipment, plant, machinery and storage areas.

(2) As far as possible all operations shall be carried out in a totally enclosed system. Wherever

such enclosure is not possible, efficient exhaust drought shall be applied at the point where the controlled

substances are likely to escape into the atmosphere during the processes.

(3) The controlled substances shall be received in the factory in tightly closed containers and shall

be kept so except when these substances are in processes 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.—(1) The following items of personal protective equipment shall

be provided and issued to every employees employed in the said Processes.

(a) Long trousers and shirts or overalls with full sleeves and head coverings. The

shirt or over alls shall cover the neck completely.

(b) Rubber gum-boots.

(2) 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 :

(a) Rubber hand-gloves;

(b) Rubber aprons;

(c) Airline respirators or other suitable respiratory protective equipment.

(3) 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 pregnant women or

young person shall be employed or permitted to work in any room in which the said Process is carried on.

Provided that women workers may be employed with their consent to work subject to the

following conditions :-

(1) International Safety standards shall be adopted by the occupier for providing Occupational

Safety and Health (OSH).

(2) The occupier shall, as far as possible, modernise the above processes/places from time to time

and will use modern equipments.

(3) Women workers who are feeding mothers shall be exempted from the Employment.

9. Floors of work-room.—The floor of every work room in which the said processes 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 gutters; and

(d) thoroughly washed daily with the drain water being led into the 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, emptied or

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

12. Instructions regarding risk.—Every worker on his first employment in the said process shall be

fully instructed on the properties of the toxic chemicals to which he is likely to be exposed to, of the danger

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 Process 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. Medical examination.—(1) Every worker employed in the said processes shall be examined by

a Factory medical officer within 14 days of his first employment. Such examination shall include tests

which the Factory medical officer may consider appropriate and shall include exfoliative cytology of the

urine. No worker shall be allowed to work after 14 days of his first employment in the factory unless

certified fit for such employment by the Factory medical officer.

(2) Every worker employed in the said processes shall be re-examined by a Factory medical

officer at least once every six calendar months. Such examination shall include tests which the factory

medical officer may consider appropriate but shall include exfoliative cytology of the urine.

(3) A person medically examined under sub-paragraph (1) shall be granted by a Factory medical

officer a certificate of fitness in Form-8. Record of each re-examination carried out under sub-paragraph (2)

shall be entered in the health register Form-7. The health register shall be kept in the custody of the

manager of the factory.

(4)The record of each examination carried out as referred to in subparagraphs (1) and (2) including

the nature and the results of the tests shall be entered by the Factory medical officer in a health register in

Form-7.

(5) The certificates of fitness and the health register shall be kept readily available for inspection

by any Inspector-cum-Facilitator.

(6) If at any time the Factory Medical Officer or Medical Officer is of the opinion that a person is

no longer fit for employment in the said processes in any other work on the ground that continuance therein

would involve damage to his health, he shall make a record of his findings in the said certificate and the

health register. The entry of his findings in these documents should also include the period for which he

considers that the said person is unfit for work in the said Processes or in any work as the case may be.

(7) No person who has been found unfit to work as said in sub-paragraph (6) shall be re-employed

or permitted to work unless the Medical Officer, after further examination, again certifies him to be fit for

employment.

15.Medical facilities.—(1) The occupier of every factory in which the said processes is carried on

shall engage a Factory medical officer for medical surveillance of the employees employed in such

processes where number of workers exceed 50.

(2) The occupier shall provide to him all the necessary facilities for the purpose referred to in sub-

paragraph (1).

(3) A record of medical examinations and appropriate tests carried out by the Factory medical

officer shall be maintained in health register Form-7 approved.

16. Obligations of the workers.—It shall be the duty of the persons employed in the said process to

submit themselves for the medical examination including exfoliative cytology of urine by the Factory

medical officer or the Factory medical officer as provided for under these rules.

17. Washing and bathing facilities.—(1) The following washing and bathing facilities shall be

provided and maintained in a clean state and in good repair for the use of all employees employed in the

said Process :

(a) A wash place under cover having constant supply of water and provided with

clean towels, soap and nail brushes and with at least one stand pipe for every five

such workers.

(b) 50 per cent of the stand pipes provided under clause (a) shall be located in

bathrooms where both hot and cold water shall be made available during the working

hours of the factory and for one hour thereafter.

(c) The washing and bathing facilities shall be in close proximity of the area housing

the said processes.

(d) Clean towels shall be provided individually to such workers.

(e) 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.

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

18. Food, drink etc. prohibited in the work room.—No worker shall consume food, drink, pan and

supari or tobacco or shall smoke in any work room in which the said processes is carried on and no worker

shall remain in any such room during intervals for meals or rest.

19. Cloak room.—There shall be provided and maintained in a clean state and in good repair for

the use of the workers employed in the said workers:

(a) a cloak room 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 provided shall be under the care of a responsible person and shall be kept

clean.

20. 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, mess room which shall be furnished

with tables and benches and provided with suitable means for warming food.

21. Time allowed for washing.—Before the end of each shift 30 minutes shall be allowed for

bathing each worker who is employed in the said processes. Further at least 10 minutes shall be allowed for

washing before each meal in addition to the regular time allowed for meals.

22. 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.

23. Exceptions—Prohibited substances.—(1) The Chief Inspector cum-Facilitator of Factories may

by a certificate in writing (which he 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 is formed, processed; manufactured, handled, or used from the provisions of paragraph 5 if he 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 not greater than

that required for the purpose of control of the process or such purposes as is necessary to ensure that the

product is free from any of the prohibited substances.

(2) The Chief Inspector-cum-Facilitator may allow the manufacture, handling or use of benzidine

hydrochloride provided that all the Process 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 not greater than that required for the purpose of control of process or such purposes as

is necessary to ensure that the product is free from prohibited substances and that adequate steps are taken

to insure that benzidine hydrochloride is except while not in a totally enclosed system, kept wet with not

less than one part of water to two parts of benzidine hydrochloride at all times.

24. Exception—General.—If in respect of any factory, the Chief Inspector-cum-Facilitator is

satisfied that owing to the exceptional circumstances of infrequency of the Process 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 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 may specify therein).