Rule 139. Medical Examination under sub-section (a) of section 85

(1) Employees employed in a 'hazardous process' shall be medically examined by a qualified medical practitioner, hereinafter referred to a Factory Medical Officer, in the following manner:

(a) once before employment, to ascertain physical fitness of the person to do a 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 at a shorter interval in respect of a worker in whose case the Factory Medical Officer is of the opinion that it is necessary to do so ;

(c) the details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form-7.

(2) No person shall be employed for the first time without a certificate of fitness in Form-8 granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for employment in a process covered under sub-rule (1), he shall have the right to appeal to the Inspector-cum-Facilitator of the area who after consultation with a Medical Officer shall decide the appeal which shall be final in this regard.

(3) Any finding of the Factory Medical Officer revealing any abnormality or unsuitability of any person employed in the process 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 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 alternative placement unless he, in the opinion of the Medical Officer is 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-cum-Facilitator may conduct a medical examination of a worker to ascertain the suitability of his employment in a hazardous process or to ascertain his health status. The opinion of the Medical Officer in such a case shall be final. The requisite fee 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.

(7) A copy of the medical records and reports shall be provided to the concerned worker free of cost.