DELHI FACTORIES RULES, 1950

[27th July 1950]

PREAMBLE

In exercise of the powers conferred by Section 112 of the Factories Act, 1948. (LXIII of 1948), read with the Government of India, Ministry of Labour Notification No. Fac. 41 (38), dated the 11th January 1948, the Chief Commissioner of delhi is pleased to make the following rules, the same having been previously published with his notification No. F. 9(13)/48-P. & D., dated the 19th March 1949.

CHAPTER I Preliminary

Rule 1. Short title, extent and commencement.

(1)     These Rules may be called as the Delhi Factories Rules, 1950.

(2)     These Rules shall extend to the whole of the Delhi Province.

(3)     These Rules, except Rules 29 to 33, 53, 62, 65 to 71 and 95 shall come into force on 15th August, 1950 and Rules 29 to 33, 53, 62, 65 to 71 and 95 shall come into force on such dates as are specified therein.

Rule 2. Definitions.

In these Rules unless there is anything repugnant in the subject or context:—

(a)      "Act" means the Factories Act, 1948.

(b)      "Appendix" means an appendix appended to these Rules.

(c)      "Artificial Humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:

Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification.

(d)      "Belt" includes any driving strap or rope.

(e)      "Degrees" (of temperature) means degrees on the Fahrenheit scale.

(f)       "District Magistrate" includes such other official as may be appointed by the Chief Commissioner in that behalf.

(g)      "Fume" includes gas or vapour.

(h)     "Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the Chief Commissioner in that behalf.

(i)       "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards construction and maintenance.

(j)       "Inspector" means an officer appointed under Section 3 of the Act and includes "Chief Inspector".

(k)      "Maintained" means maintained in an efficient state, in efficient working order and in good repair.

(l)       "Manager" means the person responsible to the occupier for the working of the factory for the purposes of the Act

Rule 2A. Competent Person.

(1)     The chief Inspector may recognize any person as a 'Competent Person' within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to the Rule.

Provided that the Chief Inspector may relax the requirements of qualifications in respect of a 'Competent Person' if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of facilities at his command.

Provided further that where it is proposed to recognize a person employed under the Chief Inspector as a 'Competent Person', concurrence of the State Government shall be taken and such a person after being so recognized, shall not have powers of an Inspector.

Provided further that the 'Competent Person' recognized under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.

(2)     The Chief Inspector may recognize an institution of repute having persons possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as a 'Competent Person' within such area and for such period as may be specified.

(3)     The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognized as a 'Competent Person' for the purposes of this Act and the Rules made thereunder, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognize the applicant as a 'Competent Person' and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefor.

(4)     The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency.....

(i)       If he has reason to believe that a competent person
—

(a)      has violated any condition stipulated in the certificate of competency, or

(b)      has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder; or

(ii)      for any reason to be recorded in writing.

Explanation: For the purpose of this Rule, an institution included an organization.

(5)     The Chief Inspector may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plant or ventilation system as the case may be, which has been certified by a competent person outside the state.[[1]]

Form of Application for grant of Certificate of Competency to a person under sub-rule (1) of Rule 2A

(1)     Name

(2)     Date of Birth

(3)     Name of the Organization (If not self employed)

(4)     Designation

(5)     Educational Qualifications

(copies of testimonials to be attached)

(6)     Details of professional experience (in chronological order)

(7)     Membership, if any, of professional bodies.

(8)     (i) Details of facilities (examination, testing etc.) at his disposal.

(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.

(9)     Purpose for which competency certificate is sought (section or sections of the Act should be stated).

(10)   Whether the applicant has been declared as a Competent Person under any statute 'if so, the details).

(11)   Any other relevant information.

(12)   Declaration by the applicant.

I.......................................................hereby declare that the information furnished above is true. I undertake—

(a)      that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organization. I will promptly inform the Chief Inspector;

(b)      to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National standards; and

(c)      to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Place:

Date:

Signature of applicant

Declaration by the Institution (If employed)

I................................................certify that Shri...............................................

whose details are furnished above, is in our employment ad nominate him on behalf of the organization for the purposes of being declared as a competent person under the Act, I also undertake that I will—

(a)      notify the Chief Inspector in case the competent person leaves our employment

(b)      provide and maintain in good order all facilities at the disposal as mentioned above.

(c)      notify the Chief Inspector any change in the facilities (either addition or deletion).

Signature_____________

Designation___________

Telephone No.......................

Date.................

Official seal

Form of Application for grant of Certificate of competency to an Institution under sub-rule (2) of rule 2A.

(1)     Name and full address of the organization.

(2)     Organization's status

(specify whether Government, Autonomous, Cooperative, Corporate or Private).

(3)     Purpose for which competency certificate is sought [specify section(s) of the Act].

(4)     Whether the Organization has been declared as a competent person under this or any other statute. If so, give details.

(5)     Particulars of persons employed and possessing qualification and experience as set out in Schedule, annexed to sub rule (1) of Rule 2A.

(6)     Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and period i.e. calibration.

(7)     Any other relevant information.

(8)     Declaration:

I,.........................hereby, on behalf of.........................certify the details furnished above are correct to the best of my knowledge. I undertake to—

(i)       maintain the facilities in good working order, calibrated periodically as per manufacturers instructions as per National Standards; and (ii) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Form of Certificate of competency issued to a person or an institution in pursuance to Rule 2A made under section 2 (ca) read with section.......

I...........................in exercise of the powers conferred on me under section 2 (ca) of the Factories Act and the rules made thereunder, hereby recognize ........................................................ (Name of the institution)

of Shri.................................................. (name of person)  employed in........................................................ (Name of the Organization) to be a competent person for the purpose of carrying out tests examinations, inspections and certificate for such buildings, dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and process or plaint and equipment as the case may be, used in a factory located in.........................under section.........................and the Rules made thereunder—

This certificate is valid from .........................to.........................

This certificate is issued subject to the conditions stipulated hereunder—

(i)       Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and that of the Rules made thereunder,

(ii)      Tests, examinations and inspections shall be carried out under direct supervision of the competent person or by a person so authorized by an institution recognized to be a competent person;

(iii)     The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the Organization mentioned in his application.

(iv)    The institution recognized as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorized by it to carry out tests, examinations and inspections.

(v)      ..................................................

(vi)    .................................................

Station Official seal Signature of the

Chief Inspector

Date:

Note:— A separate certificate should be issued under each relevant section. A person or an institution may be recognized competent for the purpose of more than one section of the Act

*Strike out the words not applicable.

SCHEDULE

Rules 3 to 11 prescribed under sub-section (1) of Section 6

 

Rule 3.

"The Lt. Governor or the Chief Inspector of Factories may require, for the purposes of the Act, submission of plans of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to scale showing:—

(i)       The site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.

(ii)      The plan, elevation and necessary cross-sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire, and the position of the plant and machinery, aisles and passage ways; and

(iii)     Such other particulars as the State Government or the Chief Inspector, as the case may be, may require.[[2]]

Rule 3A. Approval of site and plan.

(1)     No site shall be used for the location of a factory or no building in a factory should be constructed, reconstructed extended or taken into use as a factory or part of a factory unless previous permission in writings is obtained from the Administrator or the Chief Inspector of Factories.

Applications for such permission shall be in Form No. 1 and accompanied by the following documents:

(a)      A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages.

(b)      Plans in duplicate drawn to scale showing:

(i)       The site of the factory and immediate surrounding including adjacent buildings and other structures, roads, drains, etc.;

(ii)      The plan elevation and necessary Cross-Sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the plant and machinery, aisles and passage ways; and

(c)      Such other particulars as the Chief Inspector may require.

(2)     If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plant: or he may call for such other particulars as he may require to enable such approval to be given:

(a)      To rule 80 the following shall be added, namely:

"The mustor roll or the register, as the case may be, shall be written up fresh each year and shall be preserved for a period of 12 months after the last entry in it, and shall be produced before the inspector on demand.[[3]]"

Rule 4. Application for registration and grant of licence.

The Occupier of every factory shall submit to the Chief Inspector of an application in the prescribed Form No. 2 for the registration of the factory and grant of a licence.

Rule 5. Grant of licence.

(1)     A licence for a factory shall be granted by the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government, in form No. 4 prescribed for the purpose, for a period of one year or five years, as may be requested in the application for registration and grant of licence and on payment of the fees specified in sub-rule (2).

(2)     The fees for grant of licence for one year shall be as specified in the Schedule hereto. In case an application for licence has been made for a period of five years, the licence fee shall be five times the fees payable for grant of a licence for one year, as specified in the said Schedule.

(3)     A licence granted under this rule may, at the request of licensee, be renewed, for one year or five years in accordance with the provisions of rule 7.

(4)     Every licence as granted or renewed, shall remain in force upto 31st December of the year for or upto which it is granted or renewed.[[4]]

SCHEDULE

Fees for the grant of a licence for a factory for one year

Maximum number of workers to be employed any day during the year

Rule 6. Amendment of licence.

(1)     A licence granted under Rule 4 may be amended by the Chief Inspector of factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government

(2)     No licensee shall:—

(i)       change the name of his factory, or

(ii)      employ persons in excess of the number stated in the licence, or

(iii)     use motive power in excess of the limits of horse power specified in the licence, without getting his licence amended.

(3)     A licensee who desires to have his licence amended shall submit it to the Chief Inspector or any other officer appointed under sub-section (2-A) of Section 8 of the Act and specially empowered in this behalf, with an application stating the nature of the amendment and reasons therefor.

(4)     The fee for the amendment of a licence shall be twenty five rupees plus the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.[5]

Rule 7. Renewal of licence.

(1)     A licence may be renewed by the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government

(2)     Every application for the renewal of a licence shall be made in triplicate, in Form No. 2 together with the payment of fees for a period of one year or five rupees for a period of one year or five years as the case may be, and shall be submitted not less than 30 days before the date on which the licence expires. If the application complete in all respects is so made, the premises shall be held to be duly licensed until such date as the Chief Inspector of Factories or as the case may be, the officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government, renews the licence.

(3)     The fees for renewal of licence for one year shall be the same as for the grant thereof. In case an application for renewal has been made for a period of five years, the newal fees shall be five times the fees payable for renewal of licence for one year, as specified in the Schedule appended below rule 5.

Provided that if the application for renewal, completed in all respects, is not received within the time specified in sub-Rule (2) of this rule, the licence shall be renewed only on payment of a fee 25 percent in excess of the fee ordinarily payable for the renewal of a licence for the year or years or years for which the application has been received late.[[6]]

Rule 8. Transfer of licence.

(1)     The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.

(2)     Such application shall be made to the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.

(3)     A fee of twenty five rupees shall be charged on each such application.[[7]]"

Rule 9. Procedure on death or disability of licensee.

If a licensee these or becomes insolvent the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under Rule 6 in his own name for the unexpired portion of the original licence.

Rule 10. Loss of licence.

Where a licence granted under these Rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of five rupees.[[8]]

Rule 11. Payment of fees.

(1)     Every application under these Rules shall be accompanied by a treasury receipt showing that the appropriate fees has been paid into the authorised branch of the State Bank' of India under the head of account, affixed by the office of the Chief Inspector of Factories.

(2)     If an application for the grant, renewal or amendment of a licence is rejected, the fee paid shall be refunded to the applicant.[[9]]

Rule 11A. Prohibiting running of a factory without a valid licence.

An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a licence has been issued in respect of such premises and is in force for the time being:

Provided that if a valid application for grant of licence has been submitted and the required fee has been paid, the premises shall be deemed to be fully licensed until such date as the Chief Inspector of Factories or as the case may be, any other officer appointed under sub-section (2-A) of section 8 of the Factories Act, and specially empowered in this behalf by the State Government, grants or renews the licence or refuses in writing with reasons to grant or renew licence:

"Provided further that if the Chief Inspector of Factoriesor or as the case may be, any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf, by the State Government fails to grant or renew the licence or fails to refuse to do so, for reasons to be communicated in writing to the applicant, within 60 days from the date of the application, the licence shall be deemed to have been granted or renewed.[[10]]"

Form prescribed under sub-section 1 of Section 7

Rule 12. Notice of Occupation.

The notice of occupation shall be in Form No. 2.

Under sub-section (4) of Section 7

Rule 12A. Notice of change of Manager.

The notice of change of Manager shall be in Form 3.[11]

Rule 12B. Guidelines instructions and records.

(i)       Without prejudice to the general responsibility of the occupier to comply with the provisions of section 7(A) the Chief Inspector may, from to time, issue guidelines and instructions regarding the general duties of the occupier relating to health safety and welfare of all workers while they are at work in the factory.

(ii)      The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory.[12]

CHAPTER II The Inspecting Staff

[Rule prescribed under Section 9]

Rule 13. Powers of Inspectors.

An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say:—

(a)      to photograph any worker; to inspect, examine measure, copy, photograph, sketch or test, as the case may be, any building or room; any plant, machinery, appliance or apparatus; any register or document; or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory;

(b)      in the case of an Inspector who is a duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act;

(c)      to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector:

Provided that the powers of the District Magistrates and such other public officers as are appointed to be additional Inspectors shall be limited to the inspection of factories in respect of the following matters, namely:—

Cleanliness (Section 11), Over-crowding (Section 16), Lighting (Section 17), Drinking water (Section 18), Latrines and Urinals (Section 19), Spittoons (Section 20), Precautions in the case of fire (Section 38), Welfare (Chapter V), Working hours of adults (Chapter VI—except the power of exemption under the proviso to Section 62), Employment of young persons, (Chapter VIII), Leave with wages (Chapter VIII) and Display of notices (Section 108).

Rules prescribed under Section 112

Rule 13A. Qualification of an Inspector.

No person shall be appointed as an Inspector for the Act unless he possesses the following qualifications:—

(a)      He must not be less than 23 years or more than 35 years of age,

(b)      He must have:

(i)       had a good general education upto the Intermediate standard of a recognised University.

(ii)      Secured a degree, or diploma equivalent to a degree of a recognised university, in any branch of Engineering, Technology or Medicine and preferably with practical experience of at least two years in a workshop or a manufacturing concern of good standing and in the case of Medical Inspector an experience of at least 2 years in a public hospital or factory medical Department or alternately a diploma in Industrial medicine.

(c)      Where for a particular post special knowledge, "to deal with special problems" is required the Chief Commissioner, may, in addition to the basic qualifications prescribe appropriate qualifications for such a post."

Provided that in the case of a person who has been working as Inspector under the Act at the time of commencement of these rules, the Chief Commissioner may, subject to such conditions as he may specify, exempt such persons from the provisions of this rule.

Provided further that the provisions of this rule relating to qualification shall not apply in the case of a person who is already appointed as Inspector of Factories on regular basis, in accordance with the provisions of the Recruitment Rules framed under Article 309 of the Constitution.

[13]"Provided further that the provisions of this rule relating to the requirement of age, shall not apply in the case of a person, who has been appointed as a Chemical Inspector of Factories by transfer on deputation."

Rule prescribed under sub-section (4) of Section 10

Rule 14. Duties of Certifying Surgeon.

(1)     For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.

(2)     The Certifying Surgeon shall issue his certificates in Form No. 4. The foil and counterfoil shall be filled in and the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of entries, made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under Section 69. All counterfoils shall be kept by the certifying Surgeon for a period of at least 2 years after the issue of the certificate.

(3)     The certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where:—

(a)      cases of illness have occurred which it is reasonable to believe, are due to the nature of the manufacturing process carried on or other conditions of work prevailing therein, or

(b)      by reason of any change in the manufacturing process carried on, or in the substances used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or

(c)      young persons are or are about to be, employed in any work which is likely to cause injury to their health.

(4)     For the purpose of the examination of persons employed in processes covered by the Rules relating to Dangerous Operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the Rules relating to such dangerous operations.

(5)     At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a Register known as the Health Register (Form No. 17) which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit

(6)     If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process he shall suspend such person from working in that process for such time as he may think lit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.

(7)     The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.

(8)     The manager of a factory shall provide for purposes of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be property cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.

CHAPTER III

(Exemptions under sub-section (2) of Section 11)

Rule 15. Cleanliness of walls and ceilings.

(1)     Clause (d) of sub-section (1) of Section 11 of the Act shall not apply to the class or description of factories or parts of factories specified in the Schedule hereto:

Provided that they are kept in a clean state by washing, sweeping, brushing, dusting, vaccum-cleaning or other effective means:

Provided further that the said clause (d) shall continue to apply:

(i)       as respects factories or parts of factories specified in Part A of the said Schedule, to work-room in which the amount of cubic space allowed for every person employed in the room is less than 500 cubic feet;

(ii)      as respects factories or parts of factories specified in Part B of the said Schedule, to work-room in which the amount of cubic space allowed for every person employed in the rooms is less than 2,500 cubic feet;

(iii)     to engine houses, fitting shops, lunch-rooms, canteens, shelters, creches, cloak rooms, rest rooms and wash-places; and

(iv)    to such parts of walls, sides and tops of passages and stair-cases as are less than 20 feet above the floor or stair.

(2)     If it appears to the Chief Inspector that any part of a factory, to which by virtue of sub-rule (1) any of the provisions of the said clause (d) do not apply, or apply as varied by sub-rule (1), is not being kept in a clean state, he may by written notice require the occupier to transparent-wash or colour-wash, wash paint or varnish the same and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to such part of a factory, unless the Chief Inspector otherwise determines.

SCHEDULE

Part A

Blast furnaces.

Bricks and tile works in which unglazed bricks or tiles are made.

Cement works.

Chemical works.

Copper mills.

Gas works.

Iron and steel mills.

Stone, slate and marble works.

The following parts of factories:

Rooms used only for the storage of articles.

Rooms in which the walls or ceiling consist of galvanised iron, glazed bricks, glass, slate, asbestos, bamboo, thatch.

Parts in which dense steam is continuously evolved in the process.

Parts in which pitch, tar or like material is manufactured or is used to a substantial extent, except in brush works. The parts of a glass factory known as the glass house. Rooms in which graphite is manufactured or is used to a substantial extent in any process.

Parts in which coal, coke, oxide-or iron, ochre, lime or stone is crushed or ground.

Parts of walls, partitions, ceiling or tops of rooms which are at least 20 feet above the floor.

Ceilings or tops of rooms in cement works, bleach works or dye works, with the exception of finishing rooms or ware-houses.

Inside walls of oil mills below a height of 5 feet from the ground floor level.

Inside walls, in tanneries below a height of 5 feet from the ground floor level where a wet process is carried on.

Part B

Coach and motor body works.

Electrical generating or transforming stations.

Engineering works.

Factories in which sugar is refined or manufactured.

Foundaries other than foundaries in which brass casting is carried on.

Gun factories.

Shipbuilding works.

Those parts of factories where unpained or unvarnished wood is manufactured.

Register prescribed under sub-section (1) of Section 11

Rule 16. Record of transparent-washing etc.

The record of dates on which transparent-washing, colour-washing varnishing etc., are carried out shall be entered in a Register maintained in Form No. 7.

Rule prescribed under sub-section (2) of Section 12

Rule 17. Disposal of trade wastes and effluents.

The arrangements made in every factory for the treatment of wastes and effluents due to the manufacturing processes carried on therein shall be in accordance with those approved by the relevant Water and Air Pollution Boards, appointed under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and other local authority concerned.[14]

Rules 18 to 28 prescribed under sub-section 1 of Section 15

Rule 18. When artificial humidification not allowed.

There shall be no artificial humidification in any room of a cotton spinning or weaving factory:—

(a)      by the use of steam during any period when the dry bulb temperature of that room exceeds 85 degrees;

(b)      at any time when the wet bulb reading of the hygrometer is higher than that specified in the following Schedule in relation to the dry bulb reading of the hygrometer at that time; or as regards a dry bulb reading intermediate between any two dry bulb readings indicated consecutively in the Schedule when the dry bulb reading does not exceed the wet bulb reading to the extent indicated in relation to the lower of these two dry bulb readings—

SCHEDULE

Provided, however, that Clause (b) shall not apply when the difference between the wet bulb temperature as indicated by the hygrometer in the department concerned and the wet bulb temperature taken with a hygrometer outside in the shade is less than 3.5 degrees.

Rule 19. Provision of Hygrometer.

In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted hygrometers shall be provided and maintained in such positions as are approved by the Inspector. The number of hygrometers shall be regulated according to the following scale:—

(a)      Weaving department.— One hygrometer for departments with 500 looms, and one additional Hygrometer for every 500 or part of 500 looms in excess of 500.

(b)      Other departments.— One Hygrometer for each room of less than 300.000 cubic feet capacity and one extra hygrometer for each 200.000 cubic feet or part thereof, in excess of this.

(c)      One additional hygrometer shall be provided and maintained outside each cotton spinning and weaving factory wherein artificial humidification is adopted, and in a position approved by the Inspector, for taking hygrometer shade readings.

Rule 20. Exemption from maintenance of hygrometers.

When the Inspector is satisfied that the limits of humidity allowed, by the Schedule to Rule 18 are never exceeded, he may, for any department other than the weaving department, grant exemption from the maintenance of the hygrometer. The Inspector shall record such exemption in writing.

Rule 21. Copy of Schedule to Rule 18 to be affixed near every hygrometer.

A legible copy of the Schedule to Rule 18 shall be affixed near each hygrometer.

Rule 22. Temperature to be recorded at each hygrometer.

At each hygrometer maintained in accordance with Rule 19, correct wet and cry bulb temperatures shall be recorded thrice daily during each working day by competent persons nominated by the Manager and approved by the Inspector. The temperature shall be taken between 7 a.m. and 9 a.m. between 11 a.m. and 2 p.m. (but not in the rest interval) and between 4 p.m. and 5.30 p.m. In exceptional circumstances, such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a Humidity Register in the prescribed Form No. 6, maintained in the factory. At the end of each month, the persons who have taken the readings shall sign the Register and certify the correctness of the entries. The Register shall always be available for inspection by the Inspector.

Rule 23. Specifications of Hygrometer.

(1)     Each hygrometer shall comprise two mercurial thermometers of wet bulb of similar construction, and equal in dimensions, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.

(2)     The wet bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease.

(3)     No part of the wet bulb shall be within 3 inches from the dry bulb or less than 1 inch from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry bulb.

(4)     The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.

(5)     The bores of the steams shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 2 feet

(6)     Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.

(7)     Every degree from 50 degrees upto 120 degrees shall be clearly marked by horizontal lines on the stem. Each fifth and tenth degree shall be marked by longer marks than the intermediate degrees and the temperature marked opposite each tenth degree, i.e., 50, 60, 70, 80, 90, 100, 110 and 120.

(8)     The markings as above shall be accurate that is to say, at no temperature between 50 and 120 degrees shall the indicated readings, be in error by more than two tenths of a degree;

(9)     A distinctive number shall be indelibly marked upon the thermometer.

(10)   The accuracy of each thermometer shall be certified by the National Physical Laboratory, London, or some competent authority appointed by the Chief Inspector and such certificate shall be attached to the Humidity Register.

Rule 24. Thermometers to be maintained in efficient order.

Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular:—

(a)      the wick and the muslin covering of the wet bulb shall be renewed once a week;

(b)      the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use of distilled water or pure rain water in any particular mill or mills in certain localities;

(c)      no water shall be applied directly to the wick or covering during the period of employment

Rule 25. An inaccurate thermometer not to be used without fresh certificate.

If an Inspector has given notice in writing that a thermometer is not accurate it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.

Rule 26. Hygrometer not to be affixed to wall etc., unless protected by wood.

(1)     No hygrometer shall be affixed to a wall, pillar or other surface unless protected therefrom by wood or other non-conducting material at least half an inch in thickness and distant at least one inch from the bulb of each thermometer.

(2)     No hygrometer shall be fixed at a height of more than 5 feet 6 inches from the floor to the top of thermometer steam or in the direct draughts from a fan, window or ventilating opening.

Rule 27. No reading to be taken within 15 minutes of renewal of water.

No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.

Rule 28. How to introduce steam for humidification.

In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air the following provisions shall apply—

(a)      The diameter of such pipes shall not exceed two inches and in the case of pipes installed after 1st August 1950 the diameter shall not exceed one inch;

(b)      Such pipes shall be short as is reasonably practicable;

(c)      All hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than half an inch thickness;

(d)      No uncovered jet from such pipe shall project more than 4½ inches beyond the outer surface of any cover;

(e)      The steam pressure shall be as law as practicable and shall not exceed 70 ibs. per square inch.

(f)       The pipe employed for the introduction of steam into the air in a department shall be effectively covered with such non-conducting material, as may be approved by the Inspector in order to minimise the amount of heat radiated by them into the department.

Rules 29 to 33 prescribed under sub-section (4) of Section (17)

Rule 29. Lighting—application and commencement.

(1)     Subject as in these Rules provided, Rules 29 to 33 shall apply to factories in which persons are being regularly employed in a manufacturing process or processes for more than 48 hours a week, or in shifts, provided that nothing in these Rules shall be deemed to require the provision of lighting of a specified standard in any building or structure so constructed that, in the opinion of the chief Inspector, it would not be reasonably practicable to comply with such requirement.

(2)     Rules 29 to 33 shall come into force, in respect of any class or description of factories, on such date as the Chief Commissioner may by notification in the Official gazette, appoint in this behalf.

Rule 30. Lighting of interior parts.

[15][(1) The general illumination over these interior parts of a factory where persons are regularly employed shall be not less than 6 feet candles measured in horizontal plane at a level of 3 feet above the floor:

"Provided that in any such parts in which the mounting height of the light source for general illumination necessarily exceeds 25 feet measured from the floor or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall not be less than 2 feet candle and where work is actually being done the illumination shall be not less than 6 feet candles.]

(2)   The illumination over all other interior parts of the factory over which persons employed pass shall, when and where a person is passing, be not less than 0.5 foot candles at floor level.

(3)   The standard specified in this Rule shall be without prejudice to the provision of any additional illumination required to render the lighting sufficient and suitable for the nature of the work.

Rule 31. Prevention of glare.

(1)     Where any source of artificial light in the factory is less than 16 feet above floor level, no part of the light source or of the lighting fitting having a brightness greater than 10 candles per square inch shall be visible to persons whilst normally employed within 100 feet of the source, except where the angle of elevation from the eye to the source or part of the fitting as the case may be exceeds 20°.

(2)     Any local light that is to say an artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at the normal working place, or shall be so placed that no such person is exposed to glare therefrom.

Rule 32. Power of Chief Inspector to exempt.

Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement of Rules 29 to 31 is inappropriate or is not reasonably practicable, he may by order in writing exempt that factory or part thereof, or description of workroom or process from such requirement to such extent and subject to such conditions as he may specify.

Rule 33. Exemption from Rule 30.

(1)     Nothing in Rule 30 shall apply to the parts of factories specified in Part I of the Schedule annexed hereto.

(2)     Nothing in sub-rule (1) of Rule 30 shall apply to the factories or parts of factories respectively specified in Part II of the said Schedule.

SCHEDULE

Part I

Part of factories in which light sensitive photographic materials are made or used in an exposed condition.

Part II

Cement works.

Work for the crushing and grinding of limestone.

Gas works.

Coke oven works.

Electrical stations.

Flour mills.

Melting and breweries.

Parts of factories in which the following processes are carried on:

Concretes or artificial stone making.

Conversion of iron into steel.

Smelting of iron ore.

Iron or steel rolling.

Hot rolling or forging tempering or annealing of metals.

Glass blowing and other working in molten glass.

Tar distilling.

Petroleum refining and blending.

Rules 34 to 39 prescribed under sub-section (4) of Section 18

Rule 34. Quantity of drinking water.

The quantity of drinking water to be provided for the workers in every factory shall be at least as many gallons a day as there are workers employed in the factory and such drinking water shall be readily available at all times during working hours.

Rule 35. Source of supply.

The water provided for drinking shall be supplied:—

(a)      from [16][***] a public water supply system, or

(b)      from any other source approved in writing by the Health Officer.

Rule 36. Means of supply.

[If drinking water is not supplied directly from taps either connected with public water supply system or any other water supply of the factory approved by the Health Officer, it shall be kept in suitable vessels receptacles or tanks fitted with taps and having dust proof covers placed on raised stands or platforms in shaded and having suitable arrangement of drainage to carry away the split water. Such vessels or receptacles and tanks shall be kept clean and the water renewed at least once every day. All practicable measures shall be taken to ensure that the water is free from contamination.][17]

Rule 37. Cleanliness of well or reservoir.

(1)     Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical, or bacterial and extraneous impurities.

(2)     Where drinking water is supplied from such well or reservoir the water in it shall be sterilised once a week or more frequently if the Inspector by written order so requires, and the date, on which sterilising is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.

Rule 38. Report from Health Officer.

The Inspector may by order in writing direct the Manager to obtain, at such time or at such intervals as he may direct, a report from the Health Officer as to the fitness for human consumption of the water supplied to the workers, and in every case to submit to the Inspector a copy of such report as it is received from the Health Officer.

Rule 39. Cooling of water.

In every factory wherein more than two hundred and fifty workers are ordinarily employed—

(a)      the drinking water supplied to the workers shall, from the 16th of April to the 30th of September, in every year, be cooled by ice or other effective method:

Provided that if ice is placed in the drinking water, the ice shall be clean and wholesome and shall be obtained only from a source approved in writing by the Health Officer,

(b)      the cooled drinking water shall be supplied in every canteen, lunchroom and rest room and also at conveniently accessible points throughout the factory which for the purpose of these Rules shall be called "Water Centre".

(c)      the water centre shall be sheltered from the weather and adequately drained:

(d)      the number of water centres to be provided shall be one "centre" for every 150 persons employed at any one time in the factory:

Provided that in the case of a factory where the number of persons employed exceeds 500 it shall be sufficient if there is one such "centre" as aforesaid for every 150 persons up to the first 500 and one for every 500 persons thereafter;

(e)      every water centre shall be maintained in a clean and orderly condition;

(f)       every water centre shall be incharge of a suitable person who shall distribute the water. Such person shall be provided with clean clothes on duty.

Clause (f) shall not apply to any factory in which suitable mechanically operated drinking water refrigerating units are installed to the satisfaction of the Chief Inspector.

Rules 40 to 49 prescribed under sub-section 3 of Section 19

Rule 40. Latrine accommodation.

Latrine accommodation shall be provided in every factory on the following scale:

(a)      where females are employed there shall be at least one latrine for every 25 females;

(b)      where males are employed, there shall be at least one latrine for every 25 males:

Provided that where the number of males employed exceeds 100, it shall be sufficient if there is one latrine for every 25 males upto the first 100, and one for every 50 thereafter.

In calculating the number of latrines required under this Rule, any odd number of workers less than 25 or 50, as the case may be, shall be reckoned as 25 or 50.

Rule 41. Latrines to conform to public health requirements.

Latrines other than those connected with an efficient water-borne sewage system, shall comply with the requirements of the Public Health Authorities.

Rule 42. Privacy of latrines.

Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

Rule 43. Signboards to be displayed.

Where workers of both sexes are employed, there shall be displayed outside each latrine block a notice in the language understood by the majority of the workers 'Tor Men Only" or "For Women Only" as the case may be. The notice shall also bear the figure of a man or of woman as the case may be.

Rule 44. Urinal accommodation.

Urinal accommodation shall be provided for the use of male workers and shall not be less than 2 feet in length for every 50 males provided that where the number of males employed exceeds 500, it shall be sufficient if there is one urinal for every 50 males upto the first 500 employed, and one for every 100 thereafter.

In calculating the urinal accommodation required under the Rule any odd number of workers less than 50 or 100, as the case may be, shall be reckoned as 50 or 100.

Rule 45. Urinals to conform to public health requirements.

Urinals other than those connected with an efficient water-borne sewage system, and urinals in a factory wherein more than two hundred and fifty workers are ordinarily employed shall comply with the requirements of the Public Health Authorities.

Rule 46. Certain latrines and urinals to be connected to sewerage system.

When any general system of underground sewerage with an assured water supply for any particular locality is provided in municipality, all latrines and urinals of a factory situated in such locality shall, if the factory is situated within 100 feet of an existing sewer, be connected with that sewerage system.

Rule 47. White-washing, colour-washing of latrines and urinals.

The walls, ceiling and partitions of every latrine and urinal shall be transparent-washed or colour-washed and the transparent-washing or colour-washing shall be repeated at least once in every period of four months. 'The dates on which the transparent-washing or colour-washing is carried but shall be entered in the prescribed Register (Form No. 7):

Provided that this Rule shall not apply to latrines and urinals the walls, ceilings or portions of which are laid with glazed tiles or otherwise finished to provide a smooth, polished impervious surface and that they are washed with suitable detergents and disinfectants at least once in every period of four months.

Rule 48. Construction and maintenance of drains.

All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:

Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Heath Officer.

Rule 49. Water taps in latrines.

(1)     Where piped water supply is available a sufficient number of water taps, conveniently accessible shall be provided in or near such latrine accommodation.

(2)     If piped water supply is not available sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.

Rules 50 to 52 prescribed under sub-section (2) of Section 20

Rule 50. Number and location of spittoons.

The number and location of the spittoons to be provided shall be to the satisfaction of the Inspector.

Rule 51. Type of spittoons.

The spittoons shall be of either of the following types:—

(a)      a galvanized iron container with a conical funnel-shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container,

(b)      a container filled with dry, clean sand, and covered with a layer of bleaching powder;

(c)      any other type approved by the Chief Inspector.

Rule 52. Cleaning of Spittoons.

The spittoon mentioned in Clause (a) of Rule 51 shall be emptied, cleaned and disinfected at least once every day, and the spittoon mentioned in Clause (b) of Rule 51 shall be cleaned by scrapping out the top layer of sand as often as necessary or at least once every day.

CHAPTER IV Safety

[Further precaution prescribed under sub-section (2) of Section 21]

Rule 53. Further safety precautions.

(1)     Without prejudice to the provisions of sub-section (1) of Section 21 in regard to the fencing of machines the further precautions specified in the Schedules annexed hereto shall apply to the machines noted in each Schedule.

(2)     This Rule shall come into force, in respect of any class or description of factories, where machines noted in the said Schedules are in use, on such dates as the Chief Commissioner may, by notification in the official gazette, appoint in this behalf.

SCHEDULE I

Cotton Textiles

(1)    Cotton Openers, Scutchers, Combines Openers and Scutcher and Lap Machines, Head Waste breakers etc.

(1)     All Cotton Openers, Scutchers, Combined Openers and Scutchers, Shutters and Lap Machines, Hard Waste Breakers and similar machiners shall be driven by separate motors or from counter shafts provided with fast and loose pulleys and efficient belt shifting devices.

(2)     In all Operators, Combined Openers and Scutchers, Scutchers, Scutcher lap machines, Hard Waste Breakers and similar machines, the beater covers and doors which give access to any dangerous part of the machine shall be fitted with effective interlocking arrangements which shall prevent—

(a)      the covers and doors being opened while the machine is in motion; and

(b)      the machine being re-started until the covers and doors are closed;

Provided that in respect of doors of openings other than dirt doors or desk doors such openings shall be so fenced as to prevent access to any dangerous parts of the machine if effective interlocking arrangement is not provided.

(3)     In all Openers, Combined Openers and Scutchers, Scutchers Scutcher lap machines, Hard Waste Breakers and similar machines, the openings giving access to the dust chamber shall be provided with permanently fixed fencing, which shall, while admitting light, yet prevent contact between any portion of a worker's body and the beater grid bars.

[18][Provided that the latter requirement in respect of the automatic locking device shall not apply while stripping or grinding operations are carried out].

"Provided further that the stripping or grinding operations shall be carried out only by specially trained adult workers wearing tight fitting clothing whose names have been recorded in the register prescribed in this behalf as required in sub-section (1) of Section 22.

(2)    Combined Openers and Scutchers, Scutcher-lap, Silver Lap, Lap Machines, Dorby Doubters and Ribbon Machines.

(1)     The lap forming rollers shall be fitted with a guard or cover which shall prevent access to the intake of the lap roller and fluted roller as long as the weighted rack is down; or

(2)     The guard or cover shall be so locked that it cannot be raised until the machine is stopped and the machine cannot be started until the guard or cover is closed.

(3)    Carding Machines.

All Cylinder doors shall be secured by an automatic locking device which shall prevent the door being opened until the cylinder has ceased to revolve and shall render it impossible to restart the machine until the door has been closed.

(4)    Speed Framer.

Headsks shall be fitted with automatic locking arrangements which shall prevent the doors giving access to jack box wheels being opened while the machinery is in motion and shall render it impossible to restart the machine until the doors have been closed.

(5)    Self-acting Mules.

The drive shall be from counter-shafts which shall be provided with fast and loose pulleys and efficient belt shifting devices.

(6)    Calendaring Machines etc.

In respect of calendaring machines, mangles and similar machines, all such machines shall be provided with an efficient "nip" guard along the whole length on the intake side of each pair of bowls and similar parts, which shall be so fitted and maintained, whilst the rollers of bowls are in motion, as to prevent access to the point of contract of the rollers or bowls.

SCHEDULE II

Cotton Ginning

Line Shaft— The line shaft or second motion in cotton ginning factories, when below floor level, shall be completely enclosed by a continuous wall or unclimable fencing with only so many openings as are necessary for access to the shaft for removing cotton seed, cleaning and oiling; and such openings shall be provided with gates or doors which shall be kept closed and locked.

SCHEDULE III

Wood-Working Machinery

(1)    Definitions.

For the purposes of this Schedule:—

(a)      Wood-Working machine means a circular saw, band saw, planing machines, chain mortising machine or vertical spindle moulding machine operating of Wood or Cork.

(b)      Circular saw means a circular saw working in a bench (including a rack bench) but does not include a pendulum or similar saw which is moved towards the wood for the purpose of cutting operation.

(c)      Band saw means a band saw, the cutting portion of which runs in a vertical direction but does not include a log saw or band resawing machine.

(d)      Planing machine means a machine for overhand planings or for thicknessing or for both operations.

(2)    Stopping and Starting device.

An efficient stopping and starting device shall be provided on every wood-working machine. The control of this device shall be in such a position as to be readily and conveniently operated by the person in charge of the machine.

(3)    Space around machines.

The space surrounding every wood-working machine in motion shall be kept free-from obstruction.

(4)    Floors.

The floor surrounding every wood-working machine shall be maintained in good and level condition, and shall not be allowed to become slippery, and as far as practicable shall be kept free from chips or other loose material.

(5)    Training and Supervision.

(1)      No person shall be employed at a wood-working machine unless he has been sufficiently trained to work that class of machine, or unless he works under the adequate supervision of a person who has a thorough knowledge of the working of the machine.

(2)      A person who is being trained to work a wood-working machine shall be fully and carefully instructed as to the dangers of the machine and the precautions to be observed to secure safe working of the machine.

(6)    Circular Saws.

Every circular saw shall be fenced as follows:—

(a)      Behind and in direct line with the saw there shall be a riving knife, which shall have a smooth surface, shall be strong, rigid and easily adjustable, and shall also conform to the following conditions:—

(i)       The edge of the knife nearer the saw shall form an area of a circle having a radius not exceeding the radius of the largest saw used on the bench.

(ii)      The knife shall be maintained as close as practicable to the saw, having regard to the nature of the work being done at the time, and at the level of the bench table the distance between the front edge of the knife and the teeth of the saw shall not exceed half an inch.

(iii)     For a saw of a diameter of less than 24 inches, the knife shall extend upwards from the bench table to within one inch of top of the saw, and for a saw of a diameter of 24 inches or, the knife over shall extend upwards from the bench table to a height of at least nine inches.

(b)      The top saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the fence. The guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw. The guard shall extend from the top of the riving knife to a point as point as practicable at the cutting edge of the saw.

(c)      The part of the saw below the bench table shall be protected by two plates of metal or other suitable material one on each side of the saw; such plates shall not be more than six inches apart, and shall extend from the axis of the saw outwards to a distance of not less than two inches beyond the teeth of the saw. Metal plates, if not beaded, shall be of a thickness of at least 1/10 inch, or if beaded, be a thickness of at least 1/20 inch.

(7)    Push Sticks.

A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk.

(8)    Band Saws.

Every band saw shall be guarded as follows:—

(a)      Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or other suitable material.

(b)      The front of the top pully shall be covered with sheet or expended metal or other suitable material.

(c)      All portions of the blade shall be enclosed or otherwise securely guarded except the portion of the blade between the bench table and the top guide.

(9)    Planning machines.

(1)      A planning machine (other than a planning machine which is mechanically fed) shall not be used for overhand planning unless it is fitted with a cylindrical cutter block.

(2)      Every planning machine used for overhand planning shall be provided with a "bridge" guard capable of covering the full length and breadth of the cutting slot in the bench, and so constructed as to be easily adjusted both in a vertical and horizontal direction.

(3)      The feed roller of every planning machine used for thicknessing except the combined machine for overhand planning and thicknessing, shall be provided with an efficient guard.

(10) Vertical Spindle moulding machines.

(1)      The cutter of every vertical spindle moulding machine shall be guarded by the most efficient guard having regard to the nature of the work being performed.

(2)      The wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in a zig or holder of such construction as to reduce as far as possible the risk of accident to the worker.

(11) Chain mortising machines.

The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as practicable.

(12) Adjustment and maintenance of guards.

The guards and other appliances required under this Schedule shall be—

(a)      maintained in an efficient state,

(b)      constantly kept in position while the machinery is in motion, and

(c)      so adjusted as to enable the work to be done without unnecessary risk.

(13) Exemptions.

Paragraphs 6, 8, 9 and 10 shall not apply to any woodworking machine in respect of which it can be proved that other safeguards are provided, maintained and used which render the machine as safe as it would be if guarded in the manner prescribed in this Schedule.

SCHEDULE IV

Rubber Mills

1.        Installation of machines.

Mills for breaking down, cracking, grating, mixing, refining and warming rubber or rubber compounds shall be so installed that the top of the front roll is not less than forty six inches above the floor or working level. Provided that in existing installations where the top of the front roll is below this height a strong rigid distance bar guards shall be fitted across the front of the machine in such position that the operator cannot reach the nip of the rolls.

2.        Safety Devices.

(1)     Rubber mills shall be equipped with:—

(a)      hoppers so constructed or guarded that it is impossible for the operators to come into contract in any manner with the nip of the rolls;

(b)      horizontal safety-trip rods or tight wire cables across both front and rear, which will, when pushed or pulled, operate instantly to disconnect the power and apply the brakes, or to reverse the rolls.

(2)     Safety-trip rods or tight wire cables on rubber mills shall extend across the entire length of the face of the rolls and shall be located not more than sixty nine inches above the floor or working level.

(3)     Safety-trip rods and tight wire cables on all rubber mills shall be examined and tested daily in the presence of the Manager or other responsible person and if any defect is disclosed by such examination and test the mill shall not be used until such defect has been remedied.

[19]SCHEDULE V

Centrifugal Machines

(1)    Definition.

"Centrifugal machines" include centrifugal extractions and driers.

(2)    Every part of centrifugal machine shall be—

(a)      of good design and construction and of adequate strength;

(b)      properly maintained; and

(c)      examined thoroughly by a competent person at regular intervals.

(3)    Interlocking guard for drum or basket

(1)     The cage housing the rotating drum or basket of every centrifugal machine shall be provided with a strong lid. The design and construction of the cage as well as the lid should be such that no access is possible to the drum or basket when the lid is closed.

(2)     Every centrifugal machine shall be provided with an efficient interlocking device that will effectively prevent the lid referred to in sub-paragraph (1) from being opened while the drum or basket is in motion and prevent the drum or basket being set in motion while the lid is in the open position.

(4)    Braking arrangement.

Every centrifugal machine shall be provided with an effective braking arrangement capable of bringing the drum or basket to rest within a short period of time as reasonably practicable after the power is cut off.

(5)    Operating speed.

No centrifugal machine shall be operated at a speed in excess of the manufacturer's rating which shall be legibly stamped at easily visible places both on the inside of the basket and on the outside of the machine casing.

(6)    Exceptions.

Sub-paragraph (2) of paragraph 3, paragraphs 4 and 5 shall not apply in case of top lung machines or similar machines used in the sugar manufacturing industry.

[20]SCHEDULE VI

Power Press

(1)    Application.

The schedule shall apply to all types of power processes including press brakes, except when used for working hot metal.

(2)    Definition.

For the purpose of this schedule—

(a)      "approved" means approved by the chief Inspector;

(b)      "Fixed fencing" means fencing provided for the tools of a power press being fencing which has no moving part associated with or dependent upon the mechanism of a power and includes that part of a closed tool which acts as a guard.

(c)      "Power press" means a machine used in metal and other industries for moulding, pressing, blanking, raising drawing and similar purposes.

(d)      "Safety device" means the fencing and any other safeguard provided for the tools of a power press.

(3)    Starting and stopping mechanism.

The starting and stopping mechanism shall be provided with a safety stop so as to prevent over running of the press or descent of the ram during tool setting etc.

(4)    Protection of tool and the.

(1)      Each press shall be provided with a fixed guard with a slip plate on the underside enclosing the front and all sides of the tool.

(2)      Each the shall be provided with a fixed guard surrounding its front and sides and extending to the back in the form of a tunnel through which pressed article falls to the rear of the press.

(3)      The design, construction and mutual position of the guards referred to in (1) and (2) shall be such as to preclude the possibility of the worker's hand or fingers reaching the danger zone.

(4)      The machine shall be fed through a small aperture at the bottom of the guard but a wider aperture may be permitted for second or subsequent operations if feeding is done through a chute.

(5)      Notwithstanding anything contained in sub-clauses (1) and (2) an automatic or an inter-locked guard may be used in place of a fixed guard but where such guards are used they shall be maintained in an efficient working condition and if any guard develops a defect, the power press shall not be operated unless the defect of the guard is removed. '

(5)    Appointment of persons to prepare power presses for use.

(1)      Except as provided in sub-paragraph (4) no person shall set, re-set, adjust or try out the tools on a power press or install or adjust any safety device thereon, being installation or adjustment preparatory to production of the proving, or carry out inspection and test of any safety device thereon required by paragraph 8 unless he—

(a)      has attained age of eighteen;

(b)      has been trained in accordance with the sub-paragraphs (2) and (3) has been appointed by the occupier of the factory to carry out these duties in respect of the class or description of power press or the class or description of safety device to which the power press or the safety device (as the case may be) belongs and the name of every such person shall be entered in a register in Form 29.

(2)      The training shall include suitable and sufficient practical instruction in the matters in relation to each type of power press and safety device in respect of which it is proposed to appoint the person being trained.

(6)    Examination and testing of power presses and safety devices.

(1)      No power press or safety device shall be taken into use in any factory for the first time in the factory or in case of a safety device for the first time on any power press, unless it has been thoroughly examined and tested, in the case of a power press, after installation in the factory, or in the case of a safety device, when in position on the power press in connection with which it is to be used.

(2)      No power press shall be used unless it has been thoroughly examined and tested by a competent person within the immediately preceding period of twelve months.

(3)      No power press shall be used unless every safety device (other than fixed fencing) thereon has within the immediately preceding period of six months when in position on that power press, been thoroughly examined and tested by a competent person.

(4)      The competent person carrying out an examination and test under the foregoing provisions shall make a report of the examination and test containing the following particulars and every such report shall be kept readily available for inspection:

(a)      name of the occupier of the factory;

(b)      address of the factory;

(c)      identification number or mark sufficient to identify the power press or the safety device;

(d)      date on which the power press or the safety device was first taken into use in the factory;

(e)      the date of each periodical thorough examination carried out as per requirements of sub-paragraph (2) above;

(f)       particulars of any defects effecting the safety working of the power press or the safety device found at any such thorough examination and steps taken to remedy such defects.

(7)    Defects disclosed during a thorough examination and tests.

(1)      Where any defect is disclosed in any power press or in any safety device by any examination and test under paragraph 6 and in the opinion of the competent person carrying out the examination and test, either—

(a)      the said defect is a cause of danger to workers and in consequence the power press or safety device (as the case may be) ought not to be used until the said defect has been remedied; or

(b)      the said defect may become a cause of danger to workers and in consequence the power press or safety device (as the case may be) ought not to be used after the expiration of a specified period unless the said defect has been remedied.

Such defect shall, as soon as possible after the completion of the examination and test, be (rectified) (notified) in writing by the competent person to the occupier of the factory and, in the case of a defect falling within clause (1) of this sub-paragraph such notification shall include the period within which, in the opinion of the competent person, the defect ought to be remedied.

(2)      In every case where notification has been given under paragraph, a copy of the report made under paragraph 6(4) shall be sent by the competent person to the inspector for the area within fourteen days of the completion of the examination and test

(3)      Where any such defect is notified to the occupier in accordance with the foregoing provisions of this paragraph the power press or safety device (as the case may be) having the said defect shall not be used—

(a)      in the case of a defect falling within clause (a) of sub paragraph (1) until the said defect has been remedied; and

(b)      in the case of a defect falling within clause (b) of sub-paragraph (1) after the expiration of the specified period unless the said defect has been remedied.

(4)      As soon as it is practicable after any defect of which notification has been given under sub-paragraph (1) has been remedied, a record shall be made by or on behalf of the occupier stating the measures by which and the date on which the defect was remedied.

(8)    Inspection and test of safety devices.

(1)      No power press shall be used after the setting, resetting or adjustment of the tools thereon unless a person appointed or authorized for the purpose under paragraph 5 has inspected and tested every safety device thereon while it is in position on the said power press:

Provided that an inspection test and certificate as aforesaid shall not be required where any adjustment of the tools has not caused or resulted in any alteration to or disturbance of any safety device on the power press and if, after the adjustment of the tools, the safety devices remain, in the opinion of such a person aforesaid, in efficient working order.

(2)      Every power press and every safety device thereon while it is in position on the said power press shall be inspected and tested by a trained person every day.

(9)    Defects disclosed during an inspection and test

(1)      Where it appears to any person as a result of any inspection and test carried out by him under paragraph 8 that any necessary safety device is not in position or is not properly in position on a power press or that any safety device which is in position on a power press is not in his opinion suitable, he shall notify the manager forthwith.

(2)      Except as provided in sub-paragraph (3) where any defect is disclosed in a safety device by any inspection and test under paragraph 8, the person carrying out the inspection and test shall notify the manager forthwith.

(3)      Where any defect in a safety device is the subject of a notification in writing under paragraph 7 by virtue of which the use of the safety device may be continued during a specified period without the said defect having been remedied, the requirement in sub-paragraph (2) of this paragraph shall not apply to the said defect until the said period has expired.

(10) Identification of power presses and safety devices.

For the purpose of identification every power press and every safety device provided for the same shall be distinctively and plainly marked.

(11) Training and instructions to operators.

The operators shall be trained and instructed in the safe method of work before starting work on any power press.

(12) Exemptions.

(1)      If in respect of any factory, the Chief Inspector is satisfied that owing to the circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this schedule are not necessary for the protection of the workers employed on any power press or any class or description of the workers employed on any power press the Chief Inspector may by a certificate in writing (which 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.

(2)      Where such exemption is granted, a legible copy of the certificate, showing the conditions (if any, subject to which it has been granted) shall be kept posted in the factory in a position where it may be conveniently read by the persons employed.

[21]SCHEDULE VII

Shears, Slitters and Guillotine Machines

(1)    Definition.

For the purpose of this schedule—

(a)      "Guillotin" means a machine ordinarily equipped with straight, bevel-edged blade operating vertically against a stationery raising edge and used for cutting metallic or non-metallic substances;

(b)      "Shears" or "Shearing machine" means a machine ordinarily equipped with straight, bevel-edged blade operating vertically against resisting edges, or with rotary, overlapping cutting wheels, and used for shearing metals or non-metallic substances;

(c)      "Slitter" or "Slitting Machine" means a machine ordinarily equipped with circular disc-type knives and used for trimming or cutting into metal or non-metallic substances or for slitting them into narrow strips; for the purpose of this schedule, this term includes bread or other food slicers equipped with rotary knives or cutting discs.

(2)    Guillotine and Shears.

(1)     Where practicable, a barrier metal guard of adequate strength shall be provided at the front of the knife, fastened to the machine frame and shall be so fixed as would prevent any part of the operator's body to reach the descending blade from above, below or through the barrier guard or from the sides:

Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier metal guard is not suitable on account of the height and volume of the material being fed, there shall be provided suitable starting devices which require simultaneous action of both the hands of the operator or an automatic device which will remove both the hands of the operator from the danger zone at every descent of the blade.

(2)     At the back end of such machines, an inclined guard shall be provided over which the slit pieces would slide and be collected at a safe distance in a manner as would prevent a person at the back from reaching the descending blade.

(3)     Power driven guillotine cutters, except continuous feed trimmers be equipped with—

(d)      starting devices which require the simultaneous action of both hands to start the cutting motion and of at least one hand on a control during the complete stroke of the knife; or

(e)      an automatic guard which will remove the hands of the operator from the danger zone at every descent of the blade, used in conjunction with one hand starting devices which require two distinct movements of the devices to start the cutting motion, and so designed as to return positively to the non-starting position after each complete cycle of the knife.

(4)     Where two or more workers are employed at the same time on the same power-driven guillotine cutter equipped with two hand control, the device shall be so arranged that each worker shall be required to use both hands simultaneously on the safety trip to start the cutting motion, and at least one hand on a control to complete the cut

(5)     Power-driven guillotine cutters, other than continuous trimmer, shall be provided, in addition to the brake or other stopping mechanism, with an emergency device which will prevent the machine from operating in the event of failure of the brake when the starting mechanism is in the non-starting position.

(3)    Slitting machine.

(1)     Circular disc-type knives on machines for cutting metal and leather, paper, rubber, textiles or other non-metallic substances shall, if within reach of operators standing on the floor or working level, be provided with guards enclosing the knife edges at all times as near as practicable to the surface of the material, and which may either—

(f)       automatically adjust themselves to the thickness of the material, or

(g)      be fixed or manually adjusted so that the space between the bottom of the guard and the material will not exceed 6 mm (1/4 in.) at any time.

(2)     Portions of blades underneath the tables or benches of slitting machines shall be covered by guards.

(4)    Index cutters and vertical paper slotters.

Index cutters and other machines for cutting strips from the ends of books, and for similar operations, shall be provided with fixed guards, so arranged that the fingers of the operators cannot come between the blades and the tables.

(5)    Corner Cutters.

Corner cutters used in the manufacture of paper toys, shall be equipped with—

(a)      suitable guard, fastened to the machine in front of the knives and provided with slots or perforations to afford visibility of the operations; or

(b)      other guards equally efficient for the protection of the fingers of the workers.

(6)    Band knives.

Band wheels on band knives, and all portions of the blades except the working side between the sliding guide and the table on vertical machines, or between the wheels guards on horizontal machine, shall be completely enclosed with hinged guards of sheet metal not less than = 1 mm 10.04 in.) in thickness or of other material of equal strength.

Register prescribed under Section 22(1)

Rule 53A.

The Register for recording the names of specially trained adult male workers shall be in Form No. 28.

Rules framed under Section 28

Rule 54. Employment of young persons on dangerous machines.

The following machines shall be deemed to be of such dangerous character that young persons shall not work at them unless the provisions of Section 23(1) are complied with:

Power presses other than hydraulic presses; Milling machines used in the metal trades; Guillotine machines:

Circular saws:

Platen printing machines.

Rule 55. Hoists and Lifts.

(i)       A register shall be maintained to record particulars of examination of hoists or lifts and shall give particulars as shown in Form No. 7B.

(ii)      Exemption of certain hoists and lifts. In pursuance of the provisions of sub-section (4) of section 28 in respect of any class or description of hoist or lift specified in the second column of the said schedule, and set opposite to that class or description hoist or lift shall not apply[[22]].

SCHEDULE

Rules framed under sub-section (2) of Section 29

Rule 55A.

(1)      No lifting machine and no chain, rope or lifting tackle, except fiber rope or fiber rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and all parts having been thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load or loads and signed by the person making the test and the examination, has been obtained and is kept available for inspection.

(2)      (a) Every jib-crane so constructed that the safe working load may be varied by raising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads or an automatic jib angle indicator and a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(b) A table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackles are kept, and in prominent positions on the premises, and no chain, rope or lifting tackle not shown in the table shall be used. The foregoing provisions of this clause shall not apply in respect of any lifting tackle if the safe working load there working load at different angles of the legs is plainly marked upon it

(3)      Particulars of register to be maintained under clause (a)(iii) of sub-section (1) of section 29 of the Act shall be:

(i)       Name of occupier of factory.

(ii)      Address of the factory.

(iii)     Distinguishing number or mark, if any, and description sufficient to identify the lifting machine, chain, rope, or the lifting tackle.

(iv)    Date when the lifting machine, chain, rope or lifting tackle was first taken into use in the factory.

(v)      Date and number of the certificate relating to any test and examination made under sub-rules (1) and (7) together with the name and address of the person who issued the certificate.

(vi)    Date of each periodical thorough examination made under clause (a)(iii) of sub-section (1) of Section 29 of the Act and sub-rule (6) and by whom it was carried out

(vii)   Date of annealing or other heat treatment of the chain and other lifting tackle made under sub-rule (5) and by whom it was carried out

(viii)  Particulars of any defects affecting the safe working load found at any such thorough examination or after annealing and the steps taken to remedy such defects.

The register shall be kept readily available for inspection.

(4)      All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface and every such rail or track shall be properly laid, adequately supported and properly maintained.

(5)      All chains and lifting tackles, except a rope sling shall, unless they have been subjected to such other heat treatment as may be approved by the Chief Inspector, be effectively annealed under the supervision of a competent person at the following intervals:

(i)       All chains, sling rings, hooks, shackles and swivels used in connection with molten metals or molten slage or when they are made of half inch bar or smaller once at least in every six months.

(ii)      All other chains, rings, hooks, shackles and swivels in general use once at least in every twelve months.

Provided that chains and lifting tackle not in frequent use shall, subject to the Chief Inspector's approval, be annealed, only when necessary. Particulars of such annealing shall be entered in a register prescribed under

(6)      Nothing in sub-rule 5 shall apply to the following clauses of chains and lifting tackles:

(i)       Chains made of malleable cast iron.

(ii)      Plate link chains.

(iii)     Chains, rings, hooks, shackles and swivels made of steel or any non-ferrous metal.

(iv)    Pitched chains, working on sprocket or picketed wheel.

(v)      Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines.

(vi)    Hooks, and swivels having screw threaded parts or ball bearing or other case hardened parts.

(vii)   Socket shackles secured to wire ropes by transparent metal capping.

(viii)  Boar dean connections.

Such chains and lifting tackle shall be thoroughly examined by a competent person once at least in every twelve months, and particulars entered in the register kept in accordance with

(7)      All lifting machines, chains, ropes and lifting tackle except a fiber rope or fiber rope sling, which have been lengthened, altered or repaired by welding or otherwise, shall, before being again taken into use be adequately retested and re-examined by a competent person and a certificate of such test and examination be obtained and particulars entered in the register kept in accordance with

(8)      No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as driver or otherwise, to give signals to driver[23].

Rule prescribed under sub-section (2) of Section 31

Rule 56. Pressure Plant.

(1)     Every plant or machinery other than the working cylinders of prime movers used in a factory, and operated at a pressure greater than atmospheric pressure, shall be:

(a)      of good construction, sound material, adequate strength, and free from any patent defect;

(b)      properly maintained in a safe condition;

(c)      fitted with:

(i)       a suitable safety valve or other effective device to ensure that the maximum permissible working pressure of the vessel shall not be exceeded;

(ii)      a suitable pressure gauge easily visible and designed to show, at all times, the correct interval pressure in lbs. per square inch, and marked with a prominent red mark at the safe working pressure of the vessels;

(iii)     a suitable stop valve or valves by which the vessel may be isolated from other vessels or source of supply of pressure;

(iv)    A suitable drain cock or value at the lowest part of the vessel for the discharge of collected liquid.

(d)      thoroughly examined by a competent person:

(i)       externally, once in every period of six months, to ensure general condition of the vessel and the working of its fittings; and

(ii)      internally, once in every period of twelve months to ensure condition walls, seams and ties, both inside and outside the vessel, soundness of the parts of the vessel, and the effects of correction. If by reason of construction of the vessel, a thorough internal examination is not possible, this examination may be replaced by a hydraulic test which shall be carried out once in every two years. Provided that the vessels in continuous processes which cannot be frequently opened, the period of internal examination may be extended to four years; and

(iii)     hydraulically tested at interval of not more than four years provided that in respect of pressure vessels with thin walls such as sizing cylinders made of copper or any other non-ferrous metal periodic hydraulic test may be dispensed with on the condition that the requirements laid down in clause (2) are fulfilled.

Provided that it shall be sufficient for the purposes of clause (e) if the safety valve, pressure gauge and stop valve are mounted on a pipe line immediately adjacent to the vessel and where there is a range of two or more similar vessels in a plant served by the same pressure lead, only one set of such mountings need be fitted provided they cannot be isolated.

(2)     (a) In respect of pressure vessels of thin walls such at sizing cylinders made of copper or any other non-ferrous metal the safe working pressure shall be reduced at the rate of 5 per cent of the original working pressure for every year of its use after the first five years and no such cylinder shall be continued to be used for more than twenty years after it was first taken into use.

(b) If no information as the date of construction thickness of walls and safe working pressure is available, the age of the sizing cylinder shall be determined by the competent person in consultation with the Chief Inspector from any other particulars available with the manager.

(c) Every new and second hand cylinder of thin walls to which repairs, which may affect its safety, have been carried out, shall be tested before use to at least one and a half times its working pressure.

(3)     Every vessel other than part of a prime mover operated at a pressure greater than atmospheric pressure, and not so constructed as to withstand with safety the maximum permissible working pressure at the sources of supply, or the maximum pressure which can be obtained in the pipe connecting the vessel with any other source of supply shall be fitted with a suitable reducing valve or other suitable automatic device to prevent the safe working pressure of the vessel being exceeded.

(4)     In cases owing to the nature of the process or the action of the contents of the vessel, a pressure gauge or safety value or both cannot work reliably, a tested and reliable working thermometer, with a" sufficient large scale, on which shall be clearly marked the maximum permissible temperature in the vessel or pyrometers or rupture discs in addition to the pressure gauge and safety valve may be fitted as may be directed by the Chief Inspector.

(5)     If during thorough examination, doubt arises as to the ability of vessels to work safely until the next examination provided for in these rules then the competent person shall enter in the register prescribed a reasoned statement, to authorise the vessel for further work subject to a lowering of pressure or to more frequent inspection or subject to both of these requirements.

(6)     No vessel which has undergone alterations or repairs shall be taken into use unless it is thoroughly examined by a competent person.

(7)     A report of the result of every examination made shall be completed in the prescribed Form No. 8 and signed by the person making the examination and shall be kept available for perusal by an Inspector at any time while the vessel is in service.

(8)     No vessel which has previously been used shall be taken into use in any factory for the time in the factory until it has been examined and reported in accordance with these rules and no new vessel shall be taken into use unless there has been obtained from the maker of the vessel, or from a competent person, a certificate specifying the maximum permissible working pressure thereof, and stating the nature of the tests to which the vessel and its fittings (if any) have been subjected, and the certificate is kept available for perusal by an Inspector, and the vessel is so marked as to enable it to be identified, the vessel to which the certificate relates.

(9)     Where the report of any examination under this Rule specifies conditions for securing the safe working of vessel, shall not be used except in accordance with these conditions.

(10)   The competent person making the report of any examination under this rule, shall within seven days of the completion of the examination send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the part cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.

(11)   The requirements of this rule shall be in addition to and not in derogation of the requirements of any other Act, rules or regulations.

(12)   Nothing in this rule shall apply to:

(a)      any vessels which comes within the scope of the Indian Boiler Act.

(b)      metal bottles of cylinders used for the storage or transport of compressed gases or liquified or dissolved gases under pressure.

[24](13) The Chief Inspector may exempt, subject to such condition as may be considered necessary, all or any of the pressure vessels from all or any of the provisions of this rule if he has reason to believe that the construction or use of those vessels in such that the provisions of relating to inspection are not necessary or it is not practicable to comply with them.

Rule 56A. Watersealed Gasholder.

(1)     The expression "Gasholder" means a watersealed gasholder which has a storage capacity of not less than 141.5 cubic meters (5000 eft.)

(2)     Every gasholder shall be of adequate material and strength, and of sound construction and shall be property maintained.

(3)     Where there is more than one gasholder in the factory every gasholder shall be marked in a conspicuous position with a distinguishing number or letter.

(4)     Every gasholder shall be thoroughly examined externally by a competent person at least once in a period of 12 months.

(5)     In the case of gasholder of which any lift has been in use for more than 10 years the internal state of the sheeting shall, within one year of the coming into operation of this rule and thereafter at least every period of four years, be examined by a competent person by means of electronic or other accurate devices.

Provided that if the Chief Inspector is satisfied that such electronic or other accurate devices are not available, he may permit the cutting of samples from the crown and the sides of the holder.

Provided further that if the above inspection raises a doubt, an internal visual examination shall be made.

(6)     All possible steps shall be taken to prevent to minimise in gress of impurities in the gasholder.

(7)     No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.

(8)     All samples cut under sub-rule (5) shall be kept readily available for inspection.

(9)     A permanent register duly signed by the occupier or Manager shall be maintained giving the following particulars:

(a)      The serial number of the gasholder vide Rule (3) and the particulars of manufacture, i.e., maker's name, date of manufacture, capacity, number of lifts, pressure thrown by holder when full of gas,

(b)      The dates of inspection carried out as required under sub-rules (4) and (5) and by whom carried out,

(c)      The method of inspection used,

(d)      Date of painting etc.,

(e)      Nature of repairs and name of person carrying out repairs, and ((f) Remark.

The results of examinations by a competent person carried out under sub-rules (4) and (5) shall be in Form 7A.

(10)   A copy of the report in Form 7A shall be kept in the register and both the register and the report shall be readily available for inspection.

(11)   The Inspector shall inspect the gasholder at least once in a period of 12 months.[25]"

Rule prescribed under sub-section (2) of Section 34

Rule 57. Excessive weights.

(1)     No woman or young person shall, unaided by another person, lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the maximum limit in weight set out in the following Schedule:

[26]SCHEDULE

(2)     No woman or young person shall engage, in conjunction with others, in lifting, carrying or moving by hand or on head, any material, article, tool or appliance, if the weight thereof exceeds the lowest weight fixed by the Schedule to sub-rule (1) for any of the persons engaged, multiplied by the number of the persons engaged.

Rule prescribed under Section 35

Rule 58. Protection of eyes.

Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of the following process:—

(a)      The processes specified in Schedule I annexed hereto, being processes which involve risk of injury to the eyes from particles or fragments thrown off in the course of the process.

(b)      The processes specified in Schedule II annexed hereto, being processes which involve risk of injury to the eyes by reason of exposure to excessive light [27][or infra-red or ultraviolet-radiation].

SCHEDULE I

Dry grinding of metals or articles of metal applied by hand to revolving wheel or disc driven by mechanical power. Turning (external or internal) or non-ferrous metals or of cast iron or articles of such metals or such iron where the work is done dry, other than a precision turning where the use of goggles or a screen would seriously interfere with the work or turning by means of hand tools.

Welding or cutting or metals by means of an electric oxyacetylence or similar process.

The following processes when carried on by means of hand tools or other portable tools:—

Fettling of metal involving the removal of metal.

Cutting out or cutting off cold rivets or bolts from boilers or other plant, or from ships.

Chipping or scaling of boilers or ships plates. Breaking or dressing of stone, concrete or slag.

[28]SCHEDULE II

(1)     Welding or cutting of metals by means of an electrical, oxyacetylene or similar process.

(2)     All work on furnaces where there is risk of exposure to excessive light or infrared radiations.

(3)     Process such as rolling casting or forging of metals where there is risk of exposure to excessive light or ultraviolet or infra-red radiations.

Rules prescribed under sub-section 6 of Section 36

Rule 59. Minimum dimensions of manholes.

Every chamber, tank, vat, pipe, flue or other confined space, which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risk of the persons being overcome there shall, unless there is other effective means of egress, be provided with a manhole which may be rectangular, oval or circular in shape and which shall:

(a)      in the case of a rectangular or oval shape, be not less than 16 inches long and 12 inches wide;

(b)      in the case of a circular shape, be not less than 16 inches in diameter.

Exemptions under sub-section (5) of Section 37

Rule 60. Exemptions.

The requirements of sub-section 4 of Section 37 shall not apply to the following processes carried on in any factory:—

(a)      The operation of repairing a water-sealed gas-holder by the electric welding process, subject to the following conditions:

(i)       The gas-holder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or gases, other than air, used in their manufacture:

Provided that this exemption shall not apply to any gasholder containing acetylene or mixture of gases to which acetylene has been added intentionally;

(ii)      Welding shall only be done by the electric welding process and shall be carried out by experienced operatives under the constant supervision of a competent person.

(b)      The operations of cutting or welding steel or wrought iron gas mains and services by the application of heat, subject to the following conditions:

(i)       The main or service shall be situated in the open air, and it shall contain only the following gases separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture;

(ii)      The main or service shall not contain acetylene or any gas or mixture of gases to which acetylene has been added intentionally;

(iii)     The operation shall be carried out by an experienced person or persons and at least 2 persons (including those carrying out the operations) experienced in work on gas mains and over 18 years of age shall be present during the operation;

(iv)    The site of the operation shall be free from any inflammable or explosive gas or vapour;

(v)      Where acetylene gas is used as a source of heat in connection with an operation, it shall be compressed and contained in a porous substance in a cylinder; and

(vi)    Prior to the application of any flame to the gas main of service, this shall be pierced or drilled and the escaping gas ignited;

(c)      The operations of repairing an oil tank on any ship by the electric welding process, subject to the following conditions;

(i)       The only oil contained in the tank shall have a flash point of not less than 150° F. (close test) and a certificate to this effect shall be obtained from a competent analyst

(ii)      The analyst's certificate shall be kept available for inspection by an Inspector, or by any person employed or working on the ship;

(iii)     The welding operation shall be carried out only on the exterior surface of the tank at a place (a) which is free from oil or oil leakage in inflammable quantities, and (b) which is not less than one foot below the nearest part of the surface of the oil within the tank; and

(iv)    Welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.

Rule 61. Fire Protection.

(1)     Processes equipment, plant, involving serious explosion and serious fire hazards—

(a)      All processes, storages, equipments, plants etc involving serious explosion and flash fire hazard shall be located in segregated buildings where the equipment shall be so arranged-that only a minimum number of employees are exposed to such hazards at any one time.

(b)      all industrial processes involving serious fire hazard shall be located in building or work places separated from one another by walls of fire-resistant construction.

(c)      Equipment and plant involving serious fire or flash fire hazard shall, wherever possible, be so constructed and installed that in case of fire, they can be easily isolated.

(d)      Ventilation ducts, pneumatic conveyors and similar equipment involving a serious fire risk should be provided with flame-arresting or automatic fire extinguishing appliances, or fire resisting dampers electrically interlocked with heat sensitive/smoke detectors and the air-conditioning plant system.

(e)      In all work places having serious fire or flash fire hazards, passages between machines, installations or piles of material should be at least 90 cms. wide. For storage piles, the clearance between the ceiling and the top of the pile should not be less than 2 m.

(2)     Access for fire fighting.

(a)      Building and plants should be so laid out and roads, passageways etc. so maintained as to permit unobstructed access for fire fighting.

(b)      Doors and window openings shall be located in suitable positions on all external walls of the building to provide easy access to the entire area within the building for fire fighting.

(3)     Protection against lightening. Protection from lightening shall be provided for—

(a)      building in which explosive or highly flammable substances are manufactured, used, handled or stored;

(b)      storage tanks containing oils, paints or other flammable liquids;

(c)      grains elevators;

(d)      Buildings, tall chimneys or stacks where flammable gases, fumes, dust or lint are likely to be present;

(e)      Sub-station building and out-door transformers and switch yards.

(4)     Precautions against ignition.

Where there is danger of fire or explosion from accumulation of flammable or explosive substances in air—

(a)      All electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being source of ignition;

(b)      Elective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;

(c)      Workers shall wear shoes without iron or steel nails or any other exposed ferrous materials which is likely to cause sparks by friction;

(d)      Transmission belts with iron fasteners shall not be used;

(e)      Smoking lightening or carrying of matches, lighters or smoking materials shall be prohibited;

(f)       All other precautions as are reasonably practicable shall be taken to prevent initiation of ignition from all other possible sources such as open flames, frictional sparks, overheated surfaces or machinery or plant, chemical or physical chemical reaction and radiant heat

(5)     Spontaneous ignition.

Where materials are likely to induce spontaneous ignition, care shall be taken to avoid formation of air pocket and to ensure adequate ventilation. The material susceptible to spontaneous ignition should be stored in dry condition and should be in heaps of such capacity and separated by such passage which will prevent fire. The materials susceptible to ignition and stored in the open shall be at a distance not less than 10 metres away from process or storage buildings.

(6)     Cylinders containing compressed gas.

Cylinders containing compressed gas may only be stored in open, if they are protected against excessive variation of temperature, direct rays of sun, or continuous dampness. Such cylinders shall never be stored near highly flammable substances, furnaces or hot processes. The room where such cylinders are stored shall have adequate ventilation.

(7)     Storage of flammable liquids.

(a)      The quantity of flammable liquids in any work room shall be the minimum required for the process or processes carried on in such room. Flammable liquids shall be stored in suitable containers with close fitting covers:

Provided that not more than 20 litres of flammable liquids having a flash point of 21°C or less shall be kept or stored in any work room.

(b)      Flammable liquids shall be stored in closed containers and limited quantities in well ventilated room of fire resisting construction which are isolated from the remainder of the building by fire walls and self-closing fire doors.

(c)      Large quantities of such liquids shall be stored in isolated adequately ventilated building of fire resisting construction or in storage tanks, preferably underground and at a distance from any building as required in the Petroleum Rules, 1976.

(d)      Effective steps shall be taken to prevent leakage of such liquids into basements, sumps or drains and to confine any escaping liquid within safe limits.

(8)     Accumulation of flammable dust, gas, fume or vapour in air or flammable waste material on the floors.

(a)      Effective steps shall be taken for removal or prevention of the accumulation in the air of flammable dust, gas, fume or vapour to an extent which is likely to be dangerous.

(b)      No waste material of a flammable nature shall be permitted to accumulate on the floors and shall be removed at least once in a day or shift, and more often when possible. Such materials shall be placed in suitable metal containers with covers wherever possible.

(9)     Fire Exits.

(a)      In this rule—

(i)       "horizontal exists" means an arrangement which allows alternative egress from a floor area to another floor at or near the same level in an adjoining building or an adjoining part of the same building with adequate separation; and

(ii)      "travel distance" means the distances an occupant has to travel to reach an exit

(b)      An exit may be a doorway, corridor, passageway to an external stairway or to a varandah or to an internal stairway segregated from the rest of building by fire resisting walls which shall provide continuous and protected means of egress to the exterior of a building or to an exterior open space. An exit may also include a horizontal exit leading to an adjoining building at the same level.

(c)      Lifts, escalators and revolving doors shall not be considered as exit for the purpose of this sub-rule.

(d)      In every room of a factory exits sufficient to permit safe escape of the occupants in case of fire or other emergency shall be provided which shall be free of any obstruction.

(e)      The exits shall be clearly visible and suitably illuminated with suitable arrangement whatever artificial lightening is to be adopted for this purpose to maintain the required illumination in case of failure of the normal source of electric supply.

(f)       The exits shall be marked in a language understood by the majority of the workers.

(g)      Iron rung ladders or spiral staircases shall not be used as exit staircases.

(h)     Fire resisting doors or roller shutters shall be provided at appropriate places along the escape routes to prevent spread of fire and smoke particularly at the entrance of lifts or stairs where funnel or flue effect may be created inducing an upward spread of fire.

(i)       All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street

(j)       Exits shall be so located that the travel distance to reach at least one of them on the floor shall not exceed 30 metres.

(k)      In case of these factories where high hazard materials are stored or used, the travel distance to the exit shall not exceed 22.5 metres and there shall be at least two ways of escape from every room, however small, except toilet rooms, so located that the points of access thereto are out of or suitably shielded from areas of high hazard.

(l)       Wherever more than one exit is required for any room space or floor, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any point in the areas served.

(m)    The unit of exit width used to measure capacity of any exit shall be 50 cm. A clear width of 25 cm shall be counted as an additional half unit. Clear width of less than 25 cm shall not be counted for exit width.

(n)     Occupants per unit width shall be 50 for stairs and 75 for doors.

(o)      For determining the exits required, the occupant load shall be reckoned on the basis of actual number of occupants within any floor area or 10 square metres per person, whichever is more.

(p)      There shall not be less than two exits serving every floor area above and below the ground floor, and at least one of them shall be an internal enclosed stairway.

(q)      For every building or structure used for storage only and every section thereof considered separately, shall have access to atleast one exit so arranged and located as to provide a suitable means of escape for any person employed therein, and in any such room wherein more than 10 persons may be normally present, atleast two separate means of exit shall be available, as remote from each other as practicable.

(r)      Every storage area shall have access to atleast one means of exit which can be readily opened.

(s)      Every exit doorway shall open into an enclosed stairway, horizontal exit on a corridor or passageway providing continuous and protected means of egress.

(t)       No exit doorway shall be less than 100 cm in width, doorways shall be not less than 200 cm in height.

(u)     Exit doorways shall open outwards, that is, away from the room but shall not obstruct the travel along any exit, no door when opened, shall reduce the required width of a stairway or landing to less than 90 cm. Overhead or sliding doors shall not be installed for this purpose.

(v)      An exit door shall not open immediately upon a flight of stairs. A landing at least 1.5 m x 1.5 m in size shall he provided in the stairway at each doorway. The level of landing shall be the same as that of the floor which it serves.

(w)     The exit doorways shall be openable from the side which they serve without the use of a key.

(x)      Exit corridors and passageways shall be of a width not less than the aggregate required width of exit doorways leading from there in the direction of travel to the exterior.

(y)      Where stairways discharge through corridors and passageways the height of the corridors and passageways shall not be less than 2.4 metres.

(z)      A staircase shall not be arranged round a lift shaft unless the latter is totally enclosed by a material having a fire resistance rating not lower than that of the type of construction of the former.

(aa)   Hollow combustible construction shall not be permitted.

(bb)   The minimum width of an internal staircase shall be 100 cm.

(cc)    The minimum width of treads without nosing shall be 25 cm for an internal staircase. The treads shall be constructed and maintained in a manner to prevent slipping.

(dd)   The maximum height of a riser shall be 19 cm and the number of risers shall be limited to 12 per flight

(ee)   Hand rails shall be provided with minimum height of 100 cm and shall be firmly supported.

(ff)     The use of spiral staircase shall be limited to low occupant load and to a building of height of 9 metres, unless they are connected to platform such as balconies and terraces to allow escape to pause. A spiral staircase shall be not less than 300 cm in diametre and have adequate head room.

(gg)   The width of a horizontal exit shall be same as for the exit doorways.

(hh)   The horizontal exit shall be equipped with atleast one fire door of self-closing type.

(ii)      The floor area on the opposite or refuge side of a horizontal exit shall be sufficient to accommodate occupants of the floor areas served, allowing not less than 0.3 square metre per person. The refuge area shall be provided with exits adequate to meet the requirements of this sub rule. Atleast one of the exits shall lead directly to the exterior.

(jj)     Where there is difference in level between connected areas for horizontal exit, ramps, not more than 1 in 8 slopes shall be provided. For this purpose steps shall not be used.

(kk)   Doors in horizontal exits shall be openable at all times.

(ll)      Ramps with a slope of not more than 1 in 10 to be substituted for the requirements of staircase. For all slopes exceeding 1 in 10 and wherever the use is such as to involve danger of slipping, the ramp shall be surfaced with non-slipping material.

(mm)    in any building not provided with automatic fire alarm a manual fire alarm system shall be provided if the total capacity of the building is over 500 persons, or if more than 25 persons are employed above or below the ground floor, except that no manual fire alarm shall be required in one-storeyed buildings where the entire area is undivided and all parts thereof are clearly visible to all occupants.

(10)   First-aid fire fighting arrangements.

(a)      In every factory there shall be provided and maintained adequate and suitable fire fighting equipment for fighting fires in the early stages, those being referred to as first aid fire fighting equipment in this rule.

(b)      The types of first aid fire fighting equipment to be provided shall be determined by considering the different types of fire risks which are classified as follows:—

(i)       "Class A Fire"— fire due to combustible materials such as wood, textiles, paper, rubbish and the like.

(1)     "Light Hazard"— Occupancies like offices, assembly halls, canteens, restroom, ambulances, room and the like.

(2)     "Ordinary Hazard"— Occupations like saw mills carpentry shop, small timber yards, book binding shops, engineering workshop and the like.

(3)     "Extra Hazard"— Occupancies like large timber yards, godowns storing fibrous materials, flour mills, cotton mills, jute mills, large wood working factories and the like;

(ii)      "Class B fire"— fire in flammable liquids like oil, petroleum products, solvants, grease, paints etc.

(iii)     "Class C fire"— fire arising out of gaseous substances.

(iv)    "Class D Fire"— Fire from reactive chemicals, active metals and the like.

(v)      "Class E Fire"— Fire involving electrical equipment and machinery and the like.

(c)      The number and types of first-aid fire fighting equipment to be provided for 'light hazard' occupancy shall be as given in schedule I. For ordinary hazard or extra hazard occupancies equipment as given in paragraph 12 shall be provided in addition to that given in schedule I.

(d)      The first-aid fire fighting equipment shall conform to the relevant Indian Standards.

(e)      As far as possible the first-aid fire fighting equipment shall be similar in shape and appearance and shall have the same method of operation.

(f)       All first-aid fire fighting equipment shall be placed in a conspicuous position and shall be readily and easily accessible for immediate use. Generally these equipments shall be placed as near as possible to the exits or stair landing or normal routes of escape.

(g)      All water buckets and bucket pump type extinguishers shall be filled with clean water. All sand buckets shall be filled with clean, dry and fine sand.

(h)     All other extinguishers shall be charged appropriately in accordance with the instructions of the manufacturer.

(i)       Each first-aid fire fighting equipment shall be allotted serial number by which it shall be referred to in the records. The following details shall be painted with transparent paint on the body of each equipment—

(1)     Serial number.

(2)     Date of last refilling; and

(3)     Date of last inspection.

(j)       First-aid fire fighting equipment shall be placed on platforms or in cabinets in such a way that their bottom is 750 mm above the floor level. Fire buckets shall be placed on hooks attached to a suitable stand or wall in such a way that their bottom is 750 mm above the floor level. Such equipment if placed outside the building, shall be under sheds or covers.

(k)      All extinguishers shall be thoroughly cleaned and recharged immediately after discharge. Sufficient refill material shall be kept readily available for this purpose at all times.

(l)       All first-aid fire fighting equipment shall be subjected to routine maintenance inspection and testing to be carried out by properly trained persons. Periodically of the routine maintenance inspection and test shall conform to the relevant Indian Standards.

(11)   Other fire fighting arrangements.

(a)      In every factory, adequate provision of water supply for fire fighting shall be made and where the amount of water required in litres per minute, as calculated from the formula A+B+C+D divided by 20 is 550 or more power driven trailer pumps of adequate capacity to meet the requirement of water as calculated above shall be provided and maintained.

In the above formula—

A = The total area in square metres of all floors including galleries in all building of the factory.

B = The total area in square metres of all floors and galleries including open spaces in which combustible materials are handed or stored.

C = The total area in square metres of all floors over 15 metres above ground level; and

D = The total area in square metres of all floors of all building other than those of fire resisting construction.

Provided that in areas where the fire risk involved does not require use of water, such areas under B, C or D may, for the purpose of calculation, be halved.

Provided further that where the areas under B, C or D are protected by permanent automatic fire fighting installations approved by any fire association or fire insurance company such areas may, for the purpose of calculation, be halved.

Provided also that where the factory is situated at not more than 3 kilometres from an established city or town fire service, the pumping capacity based on the amount of water arrived at by the formula above may be reduced by 25%, but no account shall be taken of this reduction in calculating water supply required under clause(a).

(b)      Each trailer pump shall be provided with equipment as per schedule II appended to this rule. Such equipment shall conform to the relevant Indian Standards.

(c)      Trailer pump shall be housed in a separate shed or sheds which shall be sited close to a principal source of water supplies in the vicinity of the main risks of the factory.

(d)      In factories where the area is such as cannot be reached by man-hauling of trailor pumps within reasonable time vehicles with towing attachment shall be provided at the scale of one for every four trailor pumps with a minimum of one such vehicle kept available at all times.

(e)      Water supply shall be provided to give flow of water as required under clause (a) for at least 100 minutes. At least 50% of this water supply at 450,000 litres whichever is less shall be in the form of static tanks of adequate capacities (not less than 450,00 litres each) distributed round the factory with due regards to the potential fire risks in the factory. Where piped supply is provided, the size of the main shall not be less than 15 centimetres diametre and it shall be capable of supplying a minimum of 4500 litres per minute at a pressure at not less than 7 kilograms per square centimetre.

(f)       All trailor pumps including the equipment provided with them and the vehicles for towing them shall be maintained in good condition and subjected to periodical inspection and testing as required.

(12)   Personnel incharge of equipment and for fire fighting fire drills, etc.

(a)      The First-aid and other fire fighting equipment to be provided as required in sub-rules 10 and 11 shall be in charge of a trained responsible person.

(b)      Sufficient number of persons shall be trained in the proper handling of fire fighting equipment as referred to in clause (a) and their use against the types of fire for which they are intended to ensure that adequate number of persons are available for fire fighting both by means of first-aid fire fighting equipment and others. Such persons shall be provided with clothing and equipment including helmets, belts, and boots preferably gumboots. Wherever vehicles with towing attachment are to be provided as required in clause (d) of sub-rule (11) sufficient number of persons shall be trained in driving these vehicles to ensure that trained persons are available for driving them whenever the need arises.

(c)      Fire fighting drills shall be held as often as necessary and atleast once in every period of 2 months.

(13)   Automatic sprinklers and fire hydrants shall be in addition and not in substitution of the requirements in sub-rules (10) and (11).

(14)   If the Chief Inspector is satisfied in respect of any factory or any part of the factory that owing to the exceptional circumstances such as inadequacy of water supply or infrequency of the manufacturing process or for any other reason, to be recorded in writing, all or any of the requirements of the rules are impracticable or not necessary for the protection of workers, he may by order in writing (which he may at his discretion revoke) exempt such factory or part of the factory from all or any of the provisions of the rules subject to conditions as he may, by such order prescribe.[29]

SCHEDULE I

First-Aid Fire Fighting Equipments

(1)      The different type of fires and first-aid fire fighting equipments suitable for use on them are as under:

(2)      One 9 litres water bucket shall be provided for every 100 sq. mm. of the floor area or part thereof and one 9 litres water type extinguishers shall be provided to six buckets or part thereof with a minimum of one extinguisher and two buckets per compartment of the building. Buckets may be dispensed with provided supply to extinguishers is double that indicated above.

(3)      Acceptable replacements for water buckets and water type extinguishers in occupancies where class B fires are anticipated, are as under:—

(4)      The following provision shall be complied with where class E fires are anticipated:

(a)      For rooms containing electrical transformers switchgears motors and/or other electrical apparatus only, not less than two kg. dry powder or carbon-dioxide type extinguishers shall be provided within 15 m of the apparatus.

(b)      Where motors and/or other electrical equipments are installed in rooms other than those containing such equipment only one 5 kg. Dry powder or carbondioxide extinguisher shall be installed within 15 m of such equipment in addition to the requirements as mentioned at (2) and (3) above. For this purpose the same extinguisher may be deemed to afford protection to all apparatus within 15 m thereof.

(c)      Where electrical motors are installed on platforms, one 2 kg. dry powder or carbon-dioxide type extinguisher shall be provided on or below each platform. In case of a long platform with a number of motors, one extinguisher shall be acceptable as adequate for every 3 motors on the common platform. The above requirements will be in addition to the requirements mentioned at items (2) and (3) above.

(5)      The first-aid fire fighting equipments shall be so distributed over the entire floor area that a person has to travel not more than 15 m. to reach the nearest equipment

(6)      Selection of sites for the installation of first-aid fire fighting equipment—

(a)      While selecting sites for first-aid fire fighting equipment, due consideration shall be given to the nature of the risk to be covered. The equipment shall be placed in conspicuous position and shall be readily accessible for immediate use in all parts of the occupancy. It should always be borne in mind while selecting sites that first-aid fire fighting equipments are intended only for use in incipient fires and their values may be negligible if the fire is not extinguished or brought under control in the early stages.

(b)      Buckets and extinguishers shall be placed at convenient and easily accessible locations either on hangers or on stands in such a way that their bottom is 750 mm above the floor level.

(7)      The operating instructions of the extinguishers shall not be defaced or oblitreated. In case the operating instructions are obliterated or have become illegible due to passage of time fresh transfers of the same shall be obtained from the manufacturers of the equipment and affixed to the extinguishers.

SCHEDULE II

Equipment to be provided with Trailer pump

For light trailer pump of a capacity of 680 litres/minute—

1 Armoured suction hose of 9 metres length, with wrenches 1 Metal suction strainer 1 Basket strainer

1 Two-way suction collecting head 1 Suction adapter

10 Unlined or rubber lined 70 mm delivery hose of 25 metres length complete with quick-release couplings

1 Dividing breaching piece

2 Branch-piece with 15 mm nozzels

1 Diffuser nozzle

1 Standpipe with black cap

1 Hydrant key

4 collapsible canvas buckets

1 Fire hook (preventor) with cutting edge

1 25 mm manila rope of 30 metres length

1 Extension lasder of 9 metres length (where necessary)

1 Heavy axe

1 Spade

1 Pick axe

1 Crowbar

1 Saw

1 Hurricane lamp

1 Electric torch

1 Pair rubber gloves

For large trailer pump of capacity of 1800 litres/minute—

1 Armoured suction hose of 9 metres length, with wrenches 1 Metal strainer 1 Basket strainer

1 Three way suction collecting head 1 suction adapter

14 Unlined or rubber lined 70 mm delivery hose of 25 metres length complete with quick-release couplings

1 Dividing breaching piece

1 Collecting breaching piece

4 Branch pipes with one 25 mm. two 20 mm and one diffuser nozzle

2 Standpipe with black cap 2 Hydrant key

6 Collapsible canvas buckets

1 Coiling hook (preventor) with cutting edge

1 50 mm manila rope of 30 metres length

1 Pair Rubber Gloves.

1 Heavy Axe.

1 Spade.

1 Pick Axe.

1 Growber.

1 Saw.

2 Hurricane lamps.

1 Electric Torch.

Note— If it appears to the Chief Inspector of Factories that in any factory the provision of breathing apparatus is necessary he may by order in writing require the occupier to provide suitable breathing apparatus in addition to the equipment for light trailer pump or large trailer pump as the case may be.

Rule 61A.

[* * * * *][30]

Rule 61B.

(1)     Qualification (a) A person shall not be eligible for appointment as Safety Officer unless he:

(a)      possesses a recognised degree in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 2 years; or a recognised degree in physics or chemistry and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years; or a recognised diploma in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years.

(i)       possesses a degree or diploma in industrial safety recognised by the State Government in addition to possessing other qualifications laid down in the said sub-rule.

(ii)      has adequate knowledge of the language spoken by majority of the workers in the region in which the factory where he is to be appointed is situated.

(b)      Notwithstanding the provision contained in clause (a), any person who:— possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years in a department of the Central or Union Territory, State Government which deals with the administration of the Factories Act, 1948; or Possesses a recognised degree or diploma in engineering or technology and had experience of not less than 5 years. Full time, on training education consultancy, or research in the filed of accident prevention in industry or in any institution, shall also be eligible for appointment as a Safety Officer;

Provided that the Chief Inspector may, subject to such conditions as he may specify, grant exemption from the requirements of this sub-rule if in his opinion a suitable person possessing the necessary qualification and experience is not available for appointment:

Provided further that in the case of a person who has been working as a Safety Officer for a period not less than 5 years on the date of commencement of this rule, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications.

(2)     Conditions of Service.

(a)      Where the number of Safety Officers to be appointed in a factory as required by a notification in the Official Gazette exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a Status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (3), the other Safety Officers working under his control.

(b)      The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed, shall be given the status of a senior executive and he shall work directly under the control of the chief executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.

(c)      The scale of pay and the allowances to be granted to the Safety Officers including the Chief Safety Officer and the other conditions of their service shall be the same as those of the officers of corresponding status in the factory.

(d)      In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the State Government whose decision thereon shall be final.

(3)     Duties of Safety Officer.

(a)      The duties of a Safety Officer shall be to advise and assist the factory management in the fulfillment of its obligations, statutory or otherwise concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following namely:—

(i)       to advice the concerned departments in planning and organising measures necessary for the effective control of personal injuries;

(ii)      to advise on safety aspects in all job studies, and to carry out detailed job safety for the selected jobs;

(iii)     to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;

(iv)    to provide advice on matters related to carrying out ensuring high quality and availability of personal protective equipment

(v)      to provide advice on matters related to carrying out plant safety inspection;

(vi)    to carry out plant safety inspection in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe actions by the worker;

(vii)   to investigate selected accident

(viii)  to render advice on matters related to reporting and investigation of industrial accidents and diseases;

(ix)    to investigate the cases on industrial disease contrated and dangerous occurrence reported under Rule 96;

(x)      to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases;

(xi)    to promote setting up of safety committees and act as adviser and catalyst to such committees.

(xii)   to organise in association with the concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of workers in establishing and maintaining Safe Conditions of work and procedures; and

(xiii)  to design and conduct either independently or in collaboration with the training departments suitable training and educational programmes for the prevention of personal injuries.

(4)     Facilities to be provided to Safety Officers. An occupier of the factory shall provide each Safety Officer with such facilities equipments and information as are necessary to enable him to discharge his duties effectively.

(5)     Prohibition of performance of other duties. No Safety Officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (3)[[31]].

Rule 61C. Safety committee.

(1)     In every factory—

(a)      wherein 250 or more workers are ordinarily employed;

(b)      which carries on any process or operation declared to be dangerous under section 87 of the Act; or

(c)      Which carries on hazardous process as defined under section 2(cb) of the Act, there shall be a safety committee.

(2)     The representatives of the management of safety committee shall include:—

(a)      A senior official, who by his position in the organization can contribute effectively to the functioning of the committee, shall be the chairman;

(b)      A safety officer, and a factory Medical officer wherever available and the Safety Officer in such a case shall be the secretary of the committee.

(c)      a representative each from the production, maintenance and purchase departments.

(3)     The workers' representatives of this committee shall be elected by the workers.

(4)     The tenure of the committee shall be two years.

(5)     Safety committee shall meet as often as necessary but atleast once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.

(6)     Safety committee shall have the right to be adequately and suitably informed of—

(a)      Potential safety and health hazard to which the workers may be exposed at work place;

(b)      Data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances so far as the factory is concerned provided that the committee undertakes to use the date on a confidential basis and solely to provide guidance and advice on measure to improve the working environment and the health and safety of the workers.

(7)     Functions and duties of the safety committee shall include—

(a)      assisting and co-operating with the management in achieving the aims and objectives outlined in the "Health and Safety Policy" of the occupier;

(b)      dealing with all matters concerning health safety and environment and to arrive at practicable solutions to problems encountered;

(c)      creating safety awareness amongst all workers;

(d)      undertaking educational, training and promotional activities;

(e)      discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;

(f)       carrying out health and safety surveys and identifying causes of accidents;

(g)      looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggesting corrective measures; and

(h)     reviewing the implementation of the recommendations made by it

(8)     Where owing to the size of the factory or any other reason the functions referred to in sub-rule (7) cannot be effectively carried out by the safety committee, it may establish sub-committee as may be required to assist it.[32]

Rule 61D. Ovens and driers.

(1)     Application. This rule shall apply to ovens and driers except those used in laboratories or kitchens of any establishment and those which have a capacity below 325 litres.

(2)     Definition.

For the purpose of this rule oven or drier means any enclosed structure, receptacle compartment of box which is used for baking or drying at temperature higher than the ambient temperature of the air in the room or space in which the oven or drier is situated and in which a flammable or explosive substance is likely to be evolved within the enclosed structure, receptacle, compartment or box or part thereof on account of the otherwise processed within it;

(3)     Separate electrical connection.[33]

Electrical power supplied to every oven or drier shall be by means of a separate circuit provided with an isolation switch.

(4)     Design, construction, examination and testing.

(a)      Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound materials and adequate strength, free from any patent defacts and safe if properly used.

(b)      No oven or drier shall be taken into use in a factory for the first time unless a 'competent person' has thoroughly examined all its parts and carried out the test as are required to establish that the necessary safe system and controls provided for safety in operation for the processes for which it is to be used and a certificate of such examination and tests signed by that competent person has been obtained and kept available for inspection.

(c)      All parts of an oven or drier which has undergone any alteration or repair which has effect of modifying any of the design characteristics, shall not be used unless a thorough examination and tests as have been mentioned in clause (b) have been carried out by a competent person and a certificate of such examination and tests signed by that 'competent person' has been obtained and is kept available for inspection.

(5)     Safety ventilation.

(a)      Every oven or drier shall be provided with a positive and effective safety ventilation system using one or more motor driven centrifugal fans so as to dilute any mixture of air and any flammable substance that may be formed within the oven or drier and maintain the concentration of the flammable substance in the air at safe level of dilution.

(b)      The safe level of dilution referred to in clause (a) shall be so as to achieve a concentration of the concerned flammable substance in air of not more than 25 per cent of its lower explosive limits.

Provided that a level of concentration in air up to 50% of the lower explosive limits of the concerned flammable or substance may be permitted to exist subject to installation and maintenance of an automatic device which—

(i)       shows continuously the concentration of the flammable substance in air present in the oven or drier at any instant;

(ii)      sounds an alarm when the connection of the flammable substance in air in any part of the oven or drier reaches a level of 50% by lower explosive limits; and

(iii)     shuts down the heating system of the oven or drier automatically when the concentration in air of the flammable substance in any part of the oven or drier reaches a level of 60% of its lower explosive limits is provided to the oven or drier and maintained in working condition.

(c)      No oven or drier shall be operated without its safety ventilation system working in an efficient manner.

(d)      No oven or drier shall be operated with a level of dilution less than what is referred to in clause (b).

(e)      Exhaust ducts of safety ventilation systems should be as designed and placed that their ducts discharge the mixture of air and flammable substance away from the work-rooms and not near windows or doors or other openings from where the mixture could re-enter the workroom.

(f)       The fresh air admitted into the oven or drier by means of the safety ventilation system be circulated adequately by means of circulating fan or fans through all parts of the oven or drier so as to ensure that there are no locations where the flammable substance can accumulate in the air or become pocketed to any dangerous degree.

(g)      Throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper or otherwise, that the system will handle at least the minimum ventilation rate required for safely when they are set in their maximum throttling position.

(6)     Explosion panels.

(a)      Every oven or drier having an internal total space of not less than half cubic metre shall be provided with suitable designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through explosion vents. The area of opening to be provided by means of such vents together with the area of openings of any recess doors which are provided with suitable arrangements for their release in case of an explosion shall be not less than 2200 square centimetre for every one cubic metre of volume of the oven or drier. The design of the explosion panels and doors as abovesaid shall be such as to secure their complete release under an interval pressure of 0.25 kg. per square centimetre.

(b)      The explosion releasing panels shall as far as practicable be situated at the roof of the oven or drier or at those portions of the walls where persons do not remain in connection with operation of the oven or drier.

(7)     Interlocking arrangements.

(a)      In each oven or drier different inter-locking arrangements shall be provided and maintained to ensure that—

(i)       All ventilating fans and circulating fans whose failure would adversely affect the ventilation rate of flow pattern are in operation before any mechanical conveyor that may be provided for feeding the articles or substances to be processed in the oven or drier is put into operation.

(ii)      Failure of any of the ventilation or circulating fans will automatically stop any conveyor as referred to in clause (1) as may be provided as well as stop the fuel supply by closing the shut off valve and shut off the ignition in the case of gas or oil fired ovens and in the case of electrically heated ovens switch off the electrical supply to the heaters.

(iii)     The above said mechanical conveyor is set in operation before the above said shut off valve can be energized; and

(iv)    The failure of the above said conveyor will automatically close the above said shut off valve in the case of ovens and driers heated by gas, oil or steam and deactivate the ignition system or cut off the electrical heaters in the case of electrically heated ovens or furnaces.

(9)     Automatic preventilation.

Every oven or drier heated by oil, gas steam or electricity shall be provided with an efficient arrangement for automatic preventilation consisting of at least 3 volume changes with fresh air by operation of safety ventilation fans and the circulating fans (if used) so as to a fact purging of the oven or drier of any mixture of air and a flammable substance before the heating system can be achieved and before the conveyor can be placed in position.

(10)   Temperature control.

Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature within does not exceed a safe upper present limit to be decided in respect of the particular processing being carried on.

(11)   Multistage Processes.

Wherever materials are to be processed in ovens or driers in successive operations, suitable arrangement should be provided to ensure that the operating temperatures necessary for safe operation at each steps are maintained within the design limits.

(12)   Combustible substances not to drip on electrical heaters or burners flame.

Effective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances in electric heaters or burner flame used for heating.

(13)   Periodical examination testing and maintenance.

(a)      All parts of every oven and drier shall be properly maintained and thoroughly examined and the various controls as maintained in this rule and the working of the oven or drier tested at frequent intervals to ensure its safe operation by a responsible person designated by the occupier or manager, who by his experience and knowledge of necessary precautions against risks of explosion is fit to undertake such work.

(b)      A register shall be maintained in which the details of the various tests carried out from time to time under clause (a) shall be entered and every entry made shall be signed by the person making the tests.

(14)   Training of operators.

No person shall be assigned any task connected with operation of any oven or drier unless he has completed 18 years of age and he is properly trained.

(15)   Polymerising machines.

(a)      Printed fabric shall be thoroughly dried by passing them over drying canes or through hot flue or other equally effective means before the same is allowed to pass through polymerising machines.

(b)      Infrared ray heaters of polymerising machines shall be out off while running the prints.

Rule 61E. Thermic fluid heaters.

(1)      All heaters shall be of such construction that coils are removable for periodic cleaning visual inspection and hydraulic test

(2)      Suitable arrangements shall be made for cooling the furnace effectively in case of power failure.

(3)      Before restarting the furnace it shall be effectively purged.

(4)      Velocity of flow of the thermic fluid shall not be allowed to fall below the minimum recommended by the manufactures while the heater is in operation.

(5)      The thermic fluid shall be circulated in a closed circuit formation with an expansion-cum deacrator tank. This tank shall be located outside the shed where the heater is installed.

(6)      Every heater shall be provided with a photoresister actuated audio visual alarm to indicate flame failure and automatic burner cut off.

(7)      The stack temperature monitor-cum-controller with audiovisual alarm shall be provided so as to warn the operator in case the outlet temperature exceeds the specified minimum.

(8)      Where inspection doors are provided on the furnace they shall be interlocked with the burner itself so that they cannot be opened until burner is shut off and furnace is cooled sufficiently.

(9)      All heaters shall also be provided with the following safety devices—

(a)      level control in the expansion tank;

(b)      temperature control of the thermic fluid;

(c)      differential pressure switch on the outlet line of the heater tubes; and

(d)      temperature control device for the fuel oil supply to the burner.

(10)   All devices mentioned in paragraph 9 shall have interlocking arrangement with burner so that in case of any predetermined limits being crossed the supply of fuel and air to burner shall automatically be cut off.

(11)   All safety interlocks when operated shall be indicated on the control panel of the heater by a suitable audio visual alarm.

(12)   Every heater unit shall be provided as a standard accessory an arrangement for shifting with low pressure steam or nitrogen for putting out the fire.

(13)   Electric panel for the heater shall be located near the heater but not so close as to be exposed to spoiling or leaking oil.

(14)   The heater shall be located in a place segregated from other manufacturing activities.

(15)   Explosion vent shall be as installed that release takes place at safe location.

(16)   The heater coil shall be subjected to pressure test by competent person once atleast in every 12 months. The test pressure shall not be less than twice the operating pressure.

(17)   If repairs are carried out to the coil, it shall be tested before taking it into use.

(18)   The thermic fluid shall conform to the specification prescribed by the manufacturers and shall be tested by competent person for suitability at least once in every three months period. Such test shall include test for acidity, suspended matter, ash contents, viscocity and flash point

(19)   Cleaning of the internal surface of the heater or soot and check up of refractory surface on the inside shall be carried out every month or as often as required depending upon working conditions. The coils shall be removed and surface of the coils cleaned thoroughly once at least in a period of six months. The burner, nozzles, oil filters and pumps shall be cleaned once a week during the period of use.

(20)   A separate register containing the following information shall be maintained—

(a)      weekly checks carried out confirming the effectiveness of the interlock;

(b)      weekly checks confirming that all accessories are in good state of repairs; and

(c)      information recording fuel oil temperature, pressure, thermic fluid inlet/outlet pressure and temperature, fuel gas temperature, recorded at hourly interval.

(21)   The heater when in operation shall always be kept in charge of a trained operator.[34]

Rule 61F. Site Appraisal Committee.

(1)     Constitution: The following provisions shall govern the functioning of the site appraisal committee, h

(2)     hereinafter, be referred to as the "committee" in these rules—

(a)      The state government may constitute a site appraisal committee as and when necessary;

(b)      The state government may appoint a senior official of the factories Inspectorate preferably with qualification in Chemical Engineering to be the secretary of the committee.

(c)      The state government may appoint the following as members of the committee—

(i)       A representative of the Fire Service Organization of the state government; ii) A representative of the state department of industries;'

(ii)      A representative of the Director General of factory advice service and labour institute, Bombay.

(3)     No member unless required to do so by a court of law shall disclose otherwise than in connection with the purpose of the Act, at any time any information relating to manufacturing or commercial business or any working process which may come to his knowledge during his tenure as a member on this committee.

(4)     Application for Appraisal of Sites.

(a)      Application for appraisal of sites in respect of the factories covered under section 2(cb) of the Act shall be submitted to the chairman of the site appraisal committee.

(b)      The application for site appraisal along with 15 copies thereof shall be submitted in the form annexed to this rule. The committee may dispense with furnishing information of any particular item in the Application form if it considers the same to be relevant to the application under consideration.

(5)     Functions of the committee.

(a)      The secretary shall arrange to register the applications received for appraisal of site in a separate register and acknowledge the same within a period of 7 days.

(b)      The secretary shall fix up meeting in such a manner that all the applications received and registered are referred to the committee within a period of one month from the date of their receipt '

(c)      The committee may adopt a procedure for its working keeping in view of the need for expeditious disposal of applications.

(d)      The committee shall examine the applications for appraisal of a site with reference to the prohibitions and restrictions on the location of industry and the carrying on of processes and operations in different area as per the provisions of rule 5 of the Environment (Protection) Act, 1986.

(e)      The committee may call for documents, examines, experts, inspect the site, if necessary, and take other steps for formulating its views in regard to the suitability of the site.

(f)       Wherever the proposed site requires clearance by the Ministry of Industry the application for site appraisal will be considered by the site appraisal committee only after such clearance has been received[35].

FORMAT OF APPLICATION TO THE SITE APPRAISAL COMMITTEE

1. Name and address of the applicant

2. Site ownership Date.

2.1 revenue details of site such as survey no., plot no., etc.

2.2 Whether the site is classified as forest and if so, whether approval of the Central Government under section 5 of the Indian Forests Act, 1927 has been taken.

2.3 Whether the proposed site attracts the provisions of section 3(2)(v) of the Environment Protection Act, 1986, if so, the nature of the restrictions.

2.4 Local authority under whose jurisdiction the site is located.

3. Site plan.

3.1 Site plan with clear identification of boundaries and total area proposed to be occupied and showing the following details nearby the proposed site.

(a)      Historical monument, if any, in the vicinity.

(b)      Names of neighbouring manufacturing units and human habitats, educational and training institutions, petrol installations, storages of LPG, and other hazardous substances in the vicinity and their distances from the proposed unit

(c)      Water sources (rivers, streams, canals, dams, water Alteration plants, etc.) in the vicinity.

(d)      nearest hospitals, fire stations, civil defence stations and police stations and their distances.

(e)      High tension Electrical transmission lines, pipe lines for water, oil gas or sewarage, railway line, roads, stations, jattice, and other similar installations.

3.2 Details of soll conditions and depth at which hard strata obtained.

3.3 Contour map of the area showing nearby hillocks and difference in levels.

3.4 Plot plan of the factory showing the entry and exit points, roads within water drains etc.

4. Project Report

4.1 A summary of the salient features of the project

4.2 Status of the organization (Government, semi-government, public or private etc.)

4.3 Maximum number of persons likely to be working in the factory.

4.4 Maximum amount of power and water requirements and sources of their supply.

4.5 Block diagram of the buildings and installations in the proposed supply.

4.6 Details of housing colony, hospital, school and other infrastructure facilities proposed.

5. Organizations structure of the proposed manufacturing unit/factory.

5.1 Organisation diagram of

- Proposed enterprise in general

- Health safety and Environmental protection departments and their linkage to operation and technical departments.

5.2 Proposed Health and safety policy.

5.3 Area allocated for treatment of water and effluent

5.4 Percentage outlay on safety, health and environment protection measures.

6. Meteorological data relating to the site.

6.1 Average minimum and maximum of

- Temperature

- Humidity

- Wind velocities

6.2 Seasonal variations of wind direction.

6.3 Highest water level reached during the floods in the area recorded so far.

6.4 Lightening and seismic data of the area.

7. Communication links. '

7.1 Availability of telephone/telex/wireless and other communication facilities for outside communication.

7.2 Internal communication facilities proposed.

8. Manufacturing process information.

8.1 Process flow diagram.

8.2 Brief write up on process and technology.

8.3 Critical process parametres such as pressure build up, temperature wise and run-away reactions.

8.4 Other external effects critical to the process having safety implications, such as ingress of moisture or water Contact with incompatible substances, sudden power failure.

Highlights of the build in safety/pollution control devices or measure/incorporated in the manufacturing technology.

9. Information of hazardous materials.

9.1 Raw materials, intermediates, products and by- products and their quantities (enclose material safety data sheet in respect of each hazardous substances.)

9.2 Main and intermediate storage proposed for raw materials/intermediates/products/by-products (maximum quantities to be stored at any time).

9.3 Transportation methods to be used for materials inflow and outflow, their quantities and likely routes to be followed.

9.4 Safety measures proposed for:

- handling of materials,

- internal and external transportation, and

- disposal (packing and forwarding of finished products).

10. Information on disposal/disposal of waters and pollutants.

10.1 Major pollutants (gas, liquid, solid) their characteristics and quantities (average and at peak-loads)

10.2 Quality and quantity of solid wastes generated, method of their treatment and disposal.

10.3 Air water and soil pollution problems anticipated and the proposed measures to control the same including treatment and disposal of effluents.

11. Process hazards information.

11.1 Enclose a copy of the report on environmental impact assessment

11.2 Enclose a copy of the report on Risk Assessment study.

11.3 Published (open or classified) reports, if any on accident situations/occupational health hazards or similar plants elsewhere (within or outside the country).

11.4 Informational of proposed safety and occupational Health Measures.

12.1 Details of fire fighting facilities and minimum quantity of water and/or other fire fighting measures needed to meet the emergencies.

12.2 Details of in house medical facilities proposed. 13 Information on emergency preparedness.

13.1 On site emergency plan.

13.2 Proposed arrangements, if any, for mutual aid scheme with the group of neighbouring factories.

14. Any other relevant information.

I certify that the information furnished above is correct to the best of any knowledge and nothing of importance has been concealed while furnishing it.

Name & signature of applicant

Rule 61G. Health and Safety.

(1)     Policy

The occupier of every factory except as provided for in sub-rule (2) shall prepare a written statement of his policy in respect of health and a safety of workers of work.

(2)     All factories.

(a)      covered under section 2(m)(i) but employing less than 50 workers;

(b)      covered under section 2(m)(ii) but employing less than 100 workers; are exempted from requirements of sub-rule (1):

Provided that they are not covered under the first schedule under section 2(cb) or carrying out processes or operations declared to be dangerous under section 87 of the Act

(3)     Notwithstanding anything contained in sub-rule (2), the Chief Inspector may require the occupiers of any of the factories or class or description of factories to comply with the requirements of sub-rule (1), if, in his opinion, it is expedient to do so.

(4)     The-Health and safety Policy should contain or deal with:—

(a)      declare intention and commitment of the top management to health, safety and environment and compliance with all the relevant statutory requirement;

(b)      Organizational set up to carry out the declared policy clearly assigning the responsibility at different levels; and

(c)      Arrangements for making the policy effective.

(5)     In particular the, policy should specify the following—

(a)      Arrangement for involving the workers.

(b)      Intention be taking into account the health and safety performance of individual at different levels while considering their career advancement;

(c)      Fixing the responsibility of the contractors, sub-contractors, transporters and other agencies entering the premises;

(d)      Providing a resume of health and safety performance of the factory in its Annual report.

(e)      Relevant techniques and methods, such as safety audits and risk assessment for periodical assessment of the status on health, safety and environment and taking all the remedial measures;

(f)       Stating its intentions to integrate health and safety, in all decisions including those dealing with purchase of plants, equipment, machinery and material as well as selection and placement of personnel;

(g)      Arrangements for informing; educating and training and retaining its own employees at different levels and the public, wherever required.

(6)     A copy of the declared Health and Safety policy signed by the occupier shall be made available to the Inspector having jurisdiction over the factory and the Chief Inspector;

(7)     The policy shall be made widely known by—

(a)      Making copies available to all workers including contract workers, apprentices transport workers, suppliers etc.

(b)      Displaying copies of the policy at conspicuous places; and

(c)      Any other means of communications in a language understood by majority of workers.

(8)     The occupier shall revise the Safety policy as often as may be appropriate but it shall necessarily be revised under the following circumstances—

(a)      Whenever any expansion or modification having implications on safety and health of persons at work is made; or

(b)      Whenever new substances or articles are introduced in the manufacturing process having implications on health and safety of persons exposed to such substances.[36]

Rule 61H. Collection and development and dissemination of information.

(1)     The occupier of every factory carrying on a hazardous process shall arrange to obtain or develop information in the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or material handled in the manufacture, transportation and storage in the factory. It shall be accessible upon request to a worker for reference.

(a)      Every such Material Safety Data Sheet shall include the following information—

                                              (i)          The identity used in the label;

                                             (ii)         Hazardous ingredients of the hazardous substances;

                                            (iii)         Physical and chemical characteristics of the hazardous substances;

                                            (iv)        The physical hazards of the hazardous substance, including the potential for fire, explosion and reactivity;

                                             (v)         The health hazard of the hazardous substance, including signs and symptoms of exposure and any medical conditions which are generally recognized as being aggravated by exposure to the substance;

                                            (vi)        The primary route(s) of entry.

                                            (vii)        The permissible limits of exposure prescribed in the second schedule under section 41-F of the Act, and in respect of a Chemical not covered by the said schedule, any exposure limit used or recommended by the manufacturers, importer or occupier;

                                           (viii)       Any generally applicable precautions for safe handling and use of the hazardous substances, which are known, including appropriate hygienic practices protective measures during repairs and maintenance of contaminated equipment, procedures for clean up of spills and leaks;

                                            (ix)        Any generally applicable control measures, such as appropriate engineering controls work practices or use of personal protective equipment;

                                             (x)         Emergency and first-aid procedures;

                                            (xi)        The data of preparation of the Material Safety Data Sheet, or the last change to it, and

                                            (xii)        The name, address and telephone number of the manufacturers, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet who can provide additional information on the hazardous substances and appropriate emergency procedures, if necessary.

(b)      The occupier while obtaining or developing a Material Safety Data Sheet in respect of a hazardous substance shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If he becomes newly aware of a substance, or ways to protect against the hazards, this new information shall be added to the Material Safety Data Sheet as soon as practicable.

(c)      An example of such Material Safety Data Sheet is given in the schedule to this Rule.

Labelling

(2)     Every container of hazardous substances shall be clearly labelled or marked to identify:

(a)      the contents of the containers;

(b)      the name and address of the manufacturer or importer of the hazardous substances;

(c)      the physical and health hazards; and

(d)      the recommended personal protective equipment needed to work safely with the hazardous substances.[[37]]

SCHEDULE

Format of Material Safety Data Sheet

(1)    Identity of Material

(2)    Physical and Chemical Properties

(3)    Fire and Explosive Hazards Data

(4)    Reactive Hazards

(5)    Health Hazard Data

Emergency Treatment:

(6)    Hazard Specification

(7)    Safe Usage Data

(8)    Emergency Response Data

(9)    Additional Information.

(10) Sources Used

Reference to books, journals, etc.

(11) Manufacturer/ Supplier Data

Acronyms and Glossary of terms:

CAS: Chemical Abstract Service Registration Number.

UN Number: United Nations Number

HAZCHEM Code: Emergency Action Code (BAC), allocated by the Joint Committee of Fire Brigade Operations, UK.

TDG Flammability: Transport of Dangerous Goods— Flammability Classification by United Nations.

NEPA: National Fire Protection Association, USA.

LD50 and LC50 represent the dose in mg/kg of body weight and the concentration in mg/I for 4 hours having lethal effect on 50% of the animals (rats) treated.

PEL: Permissible Exposure Limit as laid down in the statutes.

TLV: Threshold Limit Value as laid down by the American Conference of Government Industrial Hygienists (ACGIH) USA.

STEL: Short term Exposure Limit as laid down in the statutes or by the ACGIH.

Guidelines:

All efforts should be made to fill in all the columns. No column should be left blank in case certain information is not applicable or available. N/App; or N/Av. sign may be used.

Rule 61I. Disclosure of information to workers.

(1)     The occupier of a factory carrying on a 'hazardous process' shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation storage and other processes:—

(a)      Requirements of Sections 41B, 41C and 41H of the Act

(b)      A list of hazardous processes carried on in the factory;

(c)      Location and availability of all Material Safety Data Sheets as per Rule 6 IF;

(d)      Physical and health hazards arising from the exposure to or handling of substances;

(c)      Measures to be taken by the occupier to ensure safety and control of physical and health hazards;

(e)      Measures to be taken by the workers to ensure safehandling, storage and transportation of hazardous substances;

(f)       Personal Protective Equipment required to be used by workers employed in 'hazardous process' or 'dangerous operations';

(g)      Meaning of various labels and markings used on the containers of hazardous substances as provided under Rule 61H.

(h)     Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;

(i)       Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance.

(j)       Rule of workers vis-a-vis the emergency plan of the factory, in particular the evacuation procedure.

(k)      Any other information considered necessary by the occupier to ensure safety and health of workers.

(3)     The information required by sub-rule (1) shall be complied and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the work places.

(4)     The booklets, leaflets and cautionary notices displayed in the factory shall be in the language understood by the majority of the workers, and also explain to them.

(5)     The Chief Inspector may direct the occupier to supply further information to the (sic) as deemed necessary.[38]

Rule 61J. Disclosure of information to the Chief Inspector.

(1)     The occupier of every factory carrying on 'hazardous process' shall furnish, in writing to the Chief Inspector, a copy of all the information furnished to the workers.

(2)     A copy of compilation of Material Safety Data Sheet in respect of hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector and the local inspector.'

(3)     The occupier shall also furnish any other information asked by the Chief Inspector from time to time for the purpose of the Act and Rules made thereunder.[39]

Rule 61K. Information on industrial wastes.

(1)     The information furnished under Rules 61-1, and 61-J shall include the quantity of the solid and liquid wastes generated per day, their characteristics and the method of treatment such as incineration of solid wastes, chemical and biological treatment of liquid waste and arrangements for their final disposal.

(2)     It shall also include information on the quality and quantity of gaseous waste discharged through the sks or other openings, and arrangements such as provision of scrubbers, cyclones separators, electrostatic precipitators or similar such arrangements made for controlling pollution of the environment.

(3)     The occupier shall also furnish the information prescribed in the sub-rules (1) and (2) to the State Pollution Control Board.[40]

Rule 61L. Review of the information furnished to workers, etc.

(1)     The occupier shall review once in every calendar year and modify, if necessary, the information furnished under Rules 61-1 and 61-J to the workers and the Chief Inspector.[41]

Rule 61M. Confidentiality of Information.-

The occupier of a factory carrying on 'hazardous process' shall disclose all information needed for protecting safety and health of the workers to—

(a)      his workers; and

(b)      Chief Inspector as required under Rules 61-1 and 61-J. If the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector stating the reasons for withholding such information. The Chief Inspector shall give an opportunity to the occupier of being heard and pass an order on the representation.

An occupier aggrieved by an order of Chief Inspector may prefer an appeal before the State Government within a period of 30 days. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the state Government shall be final[42].

Rule 61N. Medical Examination.

(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—

(a)      Once before employment to ascertain physical fitness of the person to do the particular job;

(b)      Once in a period of 8 months to ascertain the health status of all the workers in respect of occupational health hazards and in case wherein the opinion of the Factory Medical Officer is necessary to do so at 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 No. 17.

(2)     No person shall be employed for the first time without a certificate of Fitness in Form 33 granted by the Factory Medical Officer. If the Factory Medical Officer declared a person unfit for being employed in any process covered under sub-rule (i), such a person shall have the right to appeal to the Inspector who shall refer the (sic) to the Certifying Surgeon whose opinion shall be final in this regard. If the Inspector is also a Certifying Surgeon, 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 Certifying Surgeon who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days. If the Certifying Surgeon 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 is in the opinion of the Certifying Surgeon fully incapacitated in which case the worker affected shall be suitably rehabilitated.

(4)     Certifying Surgeon on his own motion or 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 Certifying Surgeon 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 Certifying Surgeon 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.[43]

Rule 61O. Occupational Health Centres.

(1)     In respect of any factory carrying on 'hazardous process' there shall be provided and maintained in good order an occupational Health Centre with the services and facilities as per scale laid down hereunder—

(a)      For factories employing up to 50 workers—

                                              (i)          the services of a Factory, Medical Officer on retainer ship basis, in his clinic to be notified by the occupier. He will carry out the pre-employment and periodical medical examination as stipulated in rule 61-N and render medical assistance during any emergency.

                                             (ii)         a minimum of 5 persons trained in first-aid procedure amongst whom at least one shall always be available during the working period.

                                            (iii)         a fully equipped first aid box.

(b)      For factories employing 51 to 200 workers:—

                                              (i)          An occupational Health Centre having a room with a minimum floor area of 15 sq.m. with floors and walls made of smooth and impervious surface and with adequate illumination and ventilation as well as equipment as per the schedule annexed to this Rule.

                                             (ii)         a part time factory Medical Officer shall be in over all charge of the Centre who shall visit the factory at least twice in a week and whose services shall be readily available during medical emergencies.

                                            (iii)         one qualified and trained dresser-cum-compounder on duty throughout the working period;

                                            (iv)        a fully equipped first aid box in all the departments.

(c)      For factories employing above 200 workers—

                                              (i)          one full time Factory Medical Officer for factories employing up to 500 workers and one more Medical Officer for every additional 1000 workers or part thereof;

                                             (ii)         an occupational Health Centre having at least 2 rooms each with a minimum floor area of 15 sq. m. with floor and walls made of smooth and impervious surface and adequate illumination and ventilation as well as equipment as per the schedule annexed to this Rule.

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

                                            (iv)        the Occupational Health Centre shall be suitably equipped to manage medical emergencies.

(2)     The Factory Medical Officer required to be appointed under sub-rule (1) shall have qualifications included in Schedule to the Indian Medical Degrees Act of 1916 or in the Schedule to the Indian Medical Council Act, 1956 and possess a certificate of Training in Industrial Health of minimum three months duration recognized by the State Government.

Provided that—

                                              (i)          a person possessing a Diploma in Industrial Health or equivalent shall not be required to possess the certificate of training as aforesaid.

                                             (ii)         the Chief Inspector may, subject to such conditions as he may specify, grant exemption from the requirement of this sub-rule, if in his opinion a suitable person possessing the necessary qualification is not available for appointment;

                                            (iii)         in case of a person who has been working as a Factory Medical Officer for a period of not less than 3 years on the date of commencement of this rule, the Chief Inspector" may, subject to the condition that the said person shall obtain the aforesaid certificate of training within a period of 3 years, relax the qualification.

(3)     The syllabus of the course leading to the above certificate and the organizations conducting the course shall be approved by the Directorate General of Factory Advice Services and Labour Institutes or the State Government in accordance with the guidelines issued by the DGFASLI.

(4)     Within one month of the appointment of a Factory Medical Officer, the occupier of the Factory shall furnish to the Chief Inspector the following particulars:—

(a)      Name and address of the Factory Medical Officer;

(b)      Qualifications;

(c)      Experience, if any, and

(d)      the sub-rule under which appointed.[44]

SCHEDULE

Equipment for Occupational Health Centre in Factories

(1)     A glazed sink with hot and cold water always available.

(2)     A table with a smooth top at least 180 cm.x 105 cm.

(3)     Means for sterilizing instruments.

(4)     A couch.

(5)     Two buckets or containers with close fitting lids.

(6)     A kettle and spirit stove or other suitable means of boiling water.

(7)     One bottle of spirit arnmeniac aromaticus (120 ml).

(8)     Two medium size sponges.

(9)     Two 'Kidney' trays.

(10)   Four cakes of toilet, preferably antiseptic soap.

(11)   Two glass tumblers and two wine glasses.

(12)   Two clinical thermometers.

(13)   Two tea spoons.

(14)   Two graduated (120 ml.) measuring glasses.

(15)   One wash bottle (1000 cc) for washing eyes.

(16)   One bottle (one litre) carbolic lotion 1 in 20.

(17)   Three chairs.

(18)   One screen.

(19)   One electric hand torch.

(20)   An adequate supply of tetanus toxide.

(21)   Coramine liquid (60 ml).

(22)   Tablets-antihistaminic, antispasmedic (25 each).

(23)   Syringes with needles-2cc, 5cc and 10cc.

(24)   Two needle holders, big and small.

(25)   Suturing needles and materials.

(26)   One dissecting forceps.

(27)   One dressing forceps.

(28)   One scalpels.

(29)   One stethoscope.

(30)   Rubber bandage-pressure bandage.

(31)   Oxygen cylinder with necessary attachments.

(32)   One Blood pressure apparatus.

(33)   One pateller Hammer.

(34)   One peak-flow metre for lung function measurement

(35)   One stench wash set.

(36)   Any other equipment recommended by the Factory Medical Officer according to specific need relating to manufacturing process.

(37)   In addition—

(1)     For factories employing 51 to 200 workers—

(1)     Four plain wooden splints 900 mm X 100 mm X 6 mm.

(2)     Four plain wooden splints 350 mm X 75 mm X 6 mm.

(3)     Two plain wooden splints 250 mm X 50 mm X 12 mm.

(4)     Oncpair artery forceps.

(5)     Injections-morphia, pethidine, atropine, adrenaline, coramine, novacan (2 each).

(6)     One surgical scissors.

(2)     For factories employing above 200 workers—

(1)     Eight plain wooden splints 900 mm X 100 mm X 6 mm.

(2)     Eight plain wooden splints 350 mm X 75 mm X 6 mm.

(3)     Four plain wooden splints 250 mm X 50 mm X 12 mm.

(4)     Two pair artery forceps.

(5)     Injections-morphia, pethidine, atropine, adrenaline, coramine, novacan (4 each)

(6)     Two surgical scissors.

Rule 61P. Ambulance Van.

(1)     In any factory carrying on 'Hazardous Process' there shall be provided and maintained in good condition, a suitably constructed ambulance van equipped with items as per sub-rule (2) and manned by a full time Driver-cum-mechanic and a Helper trained in first-aid, for the purpose 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 normally be stationed at or near to the Occupational health Centre.

Provided that a factory employing less than 200 workers, may make arrangements for procuring such facility at short notice from a nearby hospital or other places, to meet any emergency.[[45]]

(2)     The ambulance should have the following equipments;

(a)      General

— a wheeled stretcher with folding and adjusting devices, with the head of the stretcher capable of being lifted upward;

—Fixed suction unit with equipments;

—Fixed oxygen supply with equipments;

—Pillow with case; sheets; Blankets; towels;

—Emesis Bag; Bed pan; Urinal; Glass.

(b)      Safety equipments

— Flares with life of 30 minutes; flood lights;

— Flash lights; Fire extinguisher dry powder type;

— Insulated gauntlets;

(c)      Emergency Care equipments

                                              (i)          Resuscitation

- Portable suction unit; Portable oxygen units;

- Bag-valve-mask, hand operated artificial ventilation unit;

- Airways, Mouth gags; Tracheestomy adopters;

- Short spine board; I.V. Fluids with administration unit;

- B.P. Manometer; ciumn Stethoscope

                                             (ii)         Immobilization

- Long and short padded boards; Wire ladder splints;

- Triangular bandage; long and short spine boards.

                                            (iii)         Dressings

- Gauze pads 4" x 4"; Universal addressing 10" x 36"

- 7 Roll of aluminium foils; soft roller bandage 6" x 5 yards; Adhesive tape in 3" roll;

- safety pins;

- Bandage sheet; Burn sheet '

                                            (iv)        Poisoning

- Syrup of Ipecae; Activated Charcoal prepacked in dozes; snake bite kit; Drinking water

                                             (v)         Emergency Medicines

- As per requirement (under the advice of Medical officer only)

Rule 61Q. Decontamination facilities.

In every factory, carrying out 'Hazardous Process', the following provisions shall be made to meet emergency;

(a)      Fully equipped first aid/box;

(b)      Readily accessible means of water for washing by workers as well as for drenching the clothing of workers who have been contaminated with hazardous and corrosive substance; and such means shall be as per the scale shown in the Table below;[46]

Table

(c)      A sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be visible at all times.

Rule 61R. Making available Health Records to workers.

(1)     The occupier of every factory carrying out a 'hazardous process' shall make accessible the health records including the record of worker's exposure to hazardous process or, as the case may be, the medical records of any worker for his perusal under the following conditions:—

(a)      Once in every six months or immediately after the medical examination whichever is earlier.

(b)      If the factory Medical Officer or the Certifying Surgeon as the case may be, is of the Opinion that the worker has manifested signs and symptoms of any notifiable disease as specified in the Third Schedule of the Act;

(c)      If the worker leaves the employment;

(d)      If any one of the following authorities so direct:

- the Chief Inspector of Factories;

- the Health Authority of the Central or State Government;

- Commissioner of workman's compensation;

- The Director General, Employee's State Insurance Corporation (Medical Benefits); and

- The Director General, Factory Advice Service and Labour Institute.

(2)     A copy of the up to date health records including the record of worker's exposure to hazardous process or, as the case may be the medical records shall be supplied to the workers on receipt of an application from him. X-ray plates and other medical diagnostic reports may also be made available for reference to his medical practitioner.[47]

Rule 61S. Qualifications, etc., of Supervisors.

(1)     All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience.

(a)      (i) a degree in chemistry or Diploma in chemical Engineering or Technology with 5 years experience; or

(ii) A Master's degree in chemistry or a degree in chemical Engineering or Technology with 2 years experience. The experience stipulated above shall be in process operation and maintenance in the Chemical Industry.

(b)      The Chief Inspector may require the supervisor to undergo training in Health and Safety.

(2)     The syllabus and duration of the above training and the organizations conducting the training shall be approved by the DGFASLI or the State Government in accordance with the guidelines issued by the DGFASLI.[[48]]

Rule 61T. Issue of guidelines.

For the purpose of compliance with the requirements of sub-sections (1), (4) and (7) Of section 41-B or 41-C, the Chief Inspector may, if deemed, necessary issue guidelines from time to time to the occupiers of Factories carrying on 'Hazardous Process'. Such "guidelines may be based on National Standards, Codes of Practice, or recommendations of International Bodies such as ILO and WHO."[[49]]

CHAPTER V Welfare

Rules prescribed under sub section 2 Section 42

Rule 62. Washing facilities.

(1)     This rule shall come into force, in respect of any class or description of factories, on such dates as the Chief Commissioner may, by notification in the official gazette, appoint in this behalf.

(2)     There shall be provided and maintained in every factory for the use of employed persons adequate and suitable facilities for washing which shall include soap and nail brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

(3)     Without prejudice to the generality of the foregoing provisions the washing facilities shall include:

(a)      a trough with taps or jets at intervals of not less than two feet, or

(b)      wash-basins with taps attached thereto, or

(c)      taps on stand-pipes, or

(d)      showers controlled by taps, or

(e)      circular troughs of the fountain type:

Provided that the Inspector may, having regard to the needs and habits of the workers, fix the proportion in which the aforementioned types of facilities shall be installed.

(4)     (a) Every trough and basin shall have a smooth, impervious surface and shall be fitted with a waste-pipe and plug.

(b) The floor or ground under and in the immediately vicinity of every trough tap, jet, wash basin, stand-pipe and shower shall be so laid or finished as to provide a smooth impervious surface and shall be adequately drained.

(5)     For persons whose work involves contact with any injurious or noxious substance there shall be at least one tap for every fifteen persons; and for persons whose work docs not involves such contact the number of taps shall be as follows:

(6)     If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass. The entrance to such facilities shall bear conspicuous notice in the language understood by the majority of the workers "For Women Only" and shall be indicated pictorially.

(7)     The water supply to the washing facilities shall be capable of yielding atleast six gallons a day for each person employed in the factory and shall be from a source approved in writing by the Health Officer, provided that where the Chief Inspector is satisfied that such a yield is not practicable he may by certificate in writing permit the supply of a smaller quantity not being less than one gallon per day for every person employed in the factory.

Rule prescribed under Section 43

Rule 62A.

The following classes of factories shall provide therein suitable places for keeping clothing not worn during working hours and for the drying of wet clothing:

(1)     Glass Factories.

(2)     Iron & Steel Factories.

(3)     Oil Mills.

(4)     Chemical Factories.

(5)     Automobile Workshops.[50]

Rule prescribed under sub-section (1) of Section 45

Rule 63. First-Aid Appliances.

The first aid boxes or cup-boards shall be distinctively marked with a red cross on a transparent ground and shall contain the following equipment:

A.        For factories in which the number of persons employed does not exceed ten, or in the (case of factories in which mechanical power is not used) does not exceed fifty persons—Each first-aid box or cup-board shall contain the following equipment:

                                              (i)          6 small sterilized dressings.

                                             (ii)         3 medium size sterilized dressings.

                                            (iii)         3 large size sterilized dressings.

                                            (iv)        3 large size sterilized burn dressings.

                                             (v)         1 (1 oz.) bottle containing a two per cent alcoholic solution of iodine.

                                            (vi)        1 (1 oz.) bottle containing sal-volatile having the dose and mode of administration indicated on the label.

                                            (vii)        A snake-bite lancet.

                                           (viii)       1 (1 oz.) bottle of potassium permanganate crystals.

                                            (ix)        1 pair scissors.

                                             (x)         1 copy of the first aid leaflet issued by the Chief Adviser, Factories, Government of India.

                                            (xi)        Tablets aspirin (Grs. 5) One dozen.

                                            (xii)        Burn Ointment One tube.

                                           (xiii)       Dettol. One phial (about 2 ozs.).

B.        For factories in which mechanical power is used and in which the number of persons employed exceeds ten but does not exceed fifty— Each first-aid box or cupboard shall contain the following equipment:—

                                              (i)          12 small sterilized dressings.

                                             (ii)         (ii). 6 medium size sterilized dressings.

                                            (iii)         6 large size sterilized dressings.

                                            (iv)        6 large size sterilized burn dressings.

                                             (v)         6 (12 oz.) packets sterilized cotton wool.

                                            (vi)        1 (2 oz.) bottle containing a two per cent alcoholic solution of iodine.

                                            (vii)        1 (2 oz.) bottle containing salvolatile having the dose and mode of administration indicated on the liable.

                                           (viii)       1 roll of adhesive plaster.

                                            (ix)        A snake bite.

                                             (x)         1 [1 oz.] bottle of potassium permanganate crystals.

                                            (xi)        1 pair scissors.

                                            (xii)        1 copy of first-aid leaflet issued by the Chief Adviser Factories, Government of India.

C.        For factories employing more than fifty persons—Each first aid box or cupboard shall contain the following equipment:— (i) 24 small sterilized dressings.

                                              (i)          12 medium size sterilized dressings.

                                             (ii)         12 large size sterilized dressings.

                                            (iii)         12 largo size sterilized burn dressings.

                                            (iv)        12 (V½ oz.) packets sterilized cotton wool.

                                             (v)         1 snake bite lancet.

                                            (vi)        One pair of scissors.

                                            (vii)        6 (1 oz.) bottles of potassium permanganate crystals.

                                           (viii)       (4 oz.) bottles containing a two per cent alcoholic solution of iodine.

                                            (ix)        1 (4 oz.) bottles of sal-volatile having the dose and mode of administration indicated on the label.

                                             (x)         1 copy of the first aid leaflet issued by the Chief Adviser, Factories, Government of India.

Provided that items (xii) to (xviii) inclusive need not be included in the standard first-aid box or cupboard (a) where there is property equipped ambulance room, or (b) if at least one box containing such items and placed and maintained in accordance with the requirements of Section 45 is separately provided.

D.       In lieu of the dressings required under items (i) and (ii) there may be substituted adhesive wound dressings approved by the Chief Inspector of Factories.

Rules prescribed under sub-section (3) of Section 45

Rule 64. Ambulance Room.

(1)     The ambulance room or dispensary shall be in charge of a qualified medical practitioner assisted by at least one qualified nurse and such subordinate staff as Inspector may direct

Explanation— "Qualified medical practitioner" means a person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII of 1916) or in the Schedules to the Indian Medical Council Act, 1956.

(2)     The ambulance room or dispensary shall be separate from the rest of the factory and shall be used only for the purpose of first-aid treatment and rest. It shall have a floor area of at least 250 sq. ft.' and smooth, hard and impervious walls and floor and shall be adequately ventilated and lighted by both natural and artificial means. An adequate supply of wholesome drinking water shall be laid on and the room shall contain at least:

(i)       A glazed sink with hot and cold water always available.

(ii)      A table with a smooth top at least 6"x3.6".

(iii)     Means for sterilizing instruments.

(iv)    A couch.

(v)      Two stretchers.

(vi)    Two buckets or containers with close fitting lids.

(vii)   Two rubber hot water bags.

(viii)  A kettle and spirit stove or other suitable means of boiling water.

(ix)    Twelve plain wooden splints 36"x4"x 1/4".

(x)      Twelve plain wooden splints 14"x3"x 1/4".

(xi)    Six plain wooden splints 10"x2"x 1/2".

(xii)   Six woolen blankets.

(xiii)  One pair artery forceps.

(xiv)  One bottle of brandy.

(xv)   Two medium size sponges.

(xvi)  Six hand towels.

(xvii) Four "Kidney" trays.

(xviii)   Four cakes carbolic soap.

(xix)  Two glass tumbers and two wine glasses.

(xx)   Two clinical thermometers.

(xxi)  Graduated measuring glass with teaspoon.

(xxii) One eye bath.

(xxiii)   One bottle (2 lbs.) carbolic lotion 1 in 20.

(xxiv)   One screen.

(xxv)Three chairs.

(xxvi)   One electric hand torch.

(xxvii)  Four first aid boxes or cupboards sked to the standards prescribed under item C of Rule 63.

(xxviii) An adequate supply of anti-tetanus serum.

(3)     The occupier of every factory to which these Rules apply shall for the purpose of removing serious cases of accident or sickness, provide in the premises and maintain in good condition a suitable conveyance unless he has made arrangements for obtaining such a conveyance from a hospital.

(4)     A record of all cases of accident and sickness treated at the room shall be kept and produced to the Inspector or Certifying Surgeon when required.

Rules 65 to 71 prescribed under Section 46

Rule 65. Canteens.

(1)     Rules 65 to 71 shall come into force in respect of any class or description of factories on such dates as the Chief Commissioner may, by notification in the official gazette, appoint in this behalf.

(2)     The occupier of every factory notified by the Chief Commissioner, and wherein more than two hundred and fifty workers are ordinarily employed, shall provide in or near the factory an adequate canteen according to the standards prescribed in these Rules.

(3)     The Manager of a factory shall submit for the approval of the Chief Inspector plans and site plan, in duplicate of the building to the constructed or adapted for use as a canteen.

(4)     The canteen building shall be situated not less than fifty feet from any latrine, urinal, boiler house, coal sks, ash dumbs and any other source of dust, smoke or obnoxious fumes:

Provided that the Chief Inspector may in any particular factory relax the provisions of this sub-rule to such extent as may be reasonable in the circumstances and may require measures to be adopted to secure the essential purpose of this sub-rule.

(5)     The canteen building shall be constructed in accordance with the plans approved by the Chief Inspector and shall accommodate at least a dining hall, kitchen, store room, pantry and washing places separately for workers and for utensils.

(6)     In a canteen the floor and inside walls up to a height of 4 feet from the floor shall be made of smooth and impervious material; the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.

(7)     The doors and windows of a canteen building shall be of fly proof construction and shall allow adequate ventilation.

(8)     The canteen shall be sufficiently lighted at all times when any persons have access to it.

(9)     (a) In every canteen.

(i)       all inside walls of rooms and all ceilings and passages and staircases shall be lime-washed or colour-washed at least once each year or painted once in three years dating from the period when last lime-washed, or painted, as the case may be;

(ii)      all wood work shall be varnished or painted once in three years dating from the period when last varnished or painted;

(iii)     all internal structural iron or steel work be varnished or painted once in three years dating from the period when last varnished or painted: Provided that inside walls of the kitchen shall be lime-washed once every four months.

(b) Record of dates on which lime-washing, colour-washing varnishing or painting is carried out, shall be maintained in the prescribed Register [Form No. 7].

(10)   The precincts of the canteen shall be maintained in a clean and sanitary condition. Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. Suitable arrangement shall be made for the collection and disposal of garbage.

Rule 66. Dining Hall.

(1)     The dining hall shall accommodate at a time at least 30 per cent of the workers working at a time:

Provided that, in any particular factory or in any particular class of factories, the Chief Commissioner may, by a notification in this behalf, alter the percentage of workers to be accommodated.

(2)     The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs, shall not be less than 10 squire feet per diner to be accommodated as prescribed in sub-rule (1).

(3)     A portion of the dining shall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.

(4)     Sufficient tables, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-rule (1).

Rule 67. Equipment.

(1)     There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for efficient running of the canteen. Suitable clean clothes for employees serving in the canteen shall also be provided and maintained.

(2)     The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment

[51](3) Where the canteen is managed by a co-operative society, registers under the Bombay Co-operative Societies Act, 1952 as in force in the Union Territory of Delhi, the occupier shall provide and maintain the equipment as required under sub-rule (1) for -such Canteen.

Rule 68. Prices to be charged.

(1)     Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of the Canteen Managing Committee.

Provided that where the canteen is managed by a Co-operative Society of the workers of the factory registeres under the [[52]]Bombay Co-operative Societies Act, 1925 as in force in the Union Territory of Delhi, such Society may include in the charges to be made for the food-stuffs served, a profit up to 5% on its working capital employed in running the canteen.

[53](2)   In computing the prices referred to in sub-rule (1) the following items of expenditure shall not be taken into consideration, but will be borne by the occupier—

(a)      the rent for the land and building.

(b)      the depreciation and maintenance charge of the building and equipment provided for the canteen;

(c)      the cost of purchase, repair and replacement of equipment including furniture, crockery, cutlery and utensils;

(d)      the water charges and expenses for providing lighting and ventilation;

(e)      the interest on the amount spent on the provision and maintenance of the building furniture and equipment provided for the canteen;

(f)       the cost of fuel required for cooking or heating food stuffs or water; and

(g)      the wages of the employees serving in the canteen and the cost of uniforms; if any provided to them.

(3)   The charge per portion of foodstuff, beverages and any other item served in the canteen shall be conspicuously displayed in the canteen.

Rule 69. Account.

(1)     All books of accounts, registers and any other documents used in connection with running of the canteen shall be produced on demand to an Inspector of Factories.

(2)     The accounts pertaining to the Canteen shall be audited, once every twelve months, by registered accountants and auditors. The balance-sheet prepared by the said auditors shall be submitted to the Canteen Managing Committee not later two months after the closing of the audited accounts.

(3)     Provided that the accounts pertaining to the canteen in a Government may be audited in such Department. Provided further that where the canteen is managed by a co-operative society of the workers of the factory, registered under the 'Bombay Cooperative Societies Act, 1925, as in force in the Union Territory of Delhi, the accounts pertaining to such canteen may by audited in accordance with the provisions of the said Act

Rule 70. Managing Committee.

(1)     The manager shall appoint a Canteen Managing Committee which shall be consulted from time to time as to:

(a)      the quality and quantity of foodstuffs to be served in the canteen;

(b)      the arrangement of the menus;

(c)      times of meals in the canteen; and

(d)      any other matter as may be directed by the Committee.

Provided that where the canteen is managed by a co-operative society of the workers of the factory, registered under the [54]Bombay Co-operative Societies Act, 1925, as in force in the Union Territory of Delhi, it shall not be necessary to appoint a Canteen Managing Committee.

(2)     The Canteen Managing Committee shall consist of an equal number of persons nominated by the occupier and elected by the workers. The number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory, provided that in no case shall there be more than 5 or less than 2 workers on the Committee.

(3)     The Manager shall determine and supervise the procedure for elections to the Canteen Managing Committee.

(4)     A Canteen Managing Committee shall be dissolved by the Manager two years after the last election, no account being taken of a bye-election.

Rule 71. [Omitted]

Rule prescribed under Section 47[[55]]

Rule 72. Shelters, Rest Rooms and Lunch Rooms.

The shelters, or rest rooms shall conform to the following standards and the Manager of a factory shall submit for the approval of the Chief Inspector a site plan in duplicate of the building to be constructed or adopted—

(a)      The building shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be waterproof. The floor and walls to a height of 3 feet shall be so laid or finished as to provide a smooth, hard and impervious surface.

(b)      The height of every room in the building shall be not less than 12 feet from floor level to the lowest part of the roof and there shall be at least 12 square feet of floor area for every person employed. Provided that (i) workers who habitually go home for their meals during the rest periods may be excluded in calculating the number of workers to be accommodated; and (ii) in the case of factories in existence at the date of commencement of the Act, where it is impracticable, owing to lack of space to provide 12 square feet or floor area for each person, such reduced floor area per person shall be provided as may be provided in writing by the Chief Inspector.

(c)      Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

(d)      Every room shall be adequately furnished with chairs or benches with back-rests.

(e)      Sweepers shall be employed whose primary duty is to keep the rooms, buildings and precincts thereof in a clean and tidy condition.

Rules 73 to 76 prescribed under sub-section (3) of Section 48

Rule 73. Creches.

(1)     The creche shall be conveniently accessible to the mothers of the children accommodated therein and so far as reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or odours are given off or in which excessively noisy processes are carried on.

(2)     The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. The floor and internal walls of the creche shall be so laid or finished as to provide a smooth impervious surface.

(3)     The height of the rooms in the building shall be not less than 12 feet from the floor to the lowest part of the roof and there shall be not less than 20 sq. ft. of floor area for each child to be accommodated.

(4)     Effective 'and suitable provision shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.

(5)     The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child, (provided that for children over two years of age it will be sufficient if suitable bedding is made available) at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient supply of suitable toys for the older children.

(6)     A suitably fenced and shady open air play-ground shall be provided for the older children. Provided that the Chief Inspector may by order in writing exempt any factory from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a play-ground.

Rule 73A.

The cash equivalent of the advantage accruing through the concessional sale to a worker of food-grains and other articles shall be computed at the end of the every wages period fixed under the provisions of the Payment of Wage Act, 1936.[[56]]

Rule 73B.

For the purpose of computing cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles, the difference between the value of food grains and other articles at the average rates in the nearest market prevailing during the wages period in which over time was marked and value of food grains and other articles supplied at concessional rates shall be calculated and allowed for the number of overtime hours worked.

This rule shall not apply to any Federal Railway Factory whose alternative method of computation has been approved by the Chief Commissioner."

Rule 74. Wash Room.

(1)     There shall be in or adjoining the creche a suitable wash room for the washing of the children and their clothing. The wash room shall conform to the following standards:

(a)      The float and internal walls of the rooms to a height of 3 feet shall be so laid or finished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition.

(b)      There shall be at least one basin or similar vessel for every four children accommodated in the creche at any one time together with a supply of water provided, if practicable through taps from a source approved by the Health Officer. Such source shall be capable of yielding for each child a supply of at least five gallons of water a day.

(c)      An adequate supply of clean clothes, soap and clean towels shall be made available for each child while it is in the creche.

(2)     Adjoining the wash room referred to above a latrine shall be provided for the sole use of the children in the creche. The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health Authorities, or where there is no Public Health Authority, by the Chief Inspector of Factories.

Rule 75. Supply of Milk and Refreshment.

At least half a pint of clean pure milk shall be available for each child on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work, 2 intervals atleast 15 minutes each to feed the child. For children above two years of age there shall be provided in addition an adequate supply of wholesome refreshment.

Rule 76. Clothes of Creche Staff.

The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

Rule prescribed under Section 49

Rule 76A. Welfare Officers.

(1)     There shall be one Welfare Officer for factories employing between 500 to 2000 workers. Where the number of workers exceeds 2000, there shall be an additional Welfare Officer for every additional two thousand workers or fraction thereof over 500.

(2)     No person shall be eligible for appointment as a Welfare Officer, unless he—

(a)      possesses a degree of a University recognised by the Chief Commissioner in this behalf;

(b)      has obtained a Degree or Diploma in Social Science from an institution recognised by the Chief Commissioner in this behalf; and

(c)      has adequate knowledge of the language spoken by the majority of the workers in the factory to which he is to be attached.

Provided that, in the case of a person, who is acting as a Welfare Officer at the commencement of this rule, the Chief Commissioner may, subject to such conditions as he may specify, relax all or any of the aforesaid qualification.

Provided further that the Chief Commissioner may relax the above qualifications if he is satisfied that the person is otherwise fully competent to discharge the duties.

(3)     Recruitment of Welfare Officer.

(a)      The post of a Welfare Officer shall be advertised in at least two newspapers one of which shall be in English, having a wide circulation in the State.

(b)      The selection shall be made from among the candidates applying for the post by a Committee appointed by the occupier of the Factory.

(c)      The appointment when made shall be notified by the occupier to the Chief Commissioner or such authority as the Chief Commissioner may specify for the purpose, giving full details of the qualifications etc., of the officer appointed and the conditions of his service.

(4)     (a) A Welfare Officer shall be given appropriate status corresponding to the status of other executive heads of the factory and shall be appointed at a minimum salary of Rs. 200/- per months.

(b) The conditions of service of a Welfare Officer shall be the same as of other members of the staff of corresponding status in the factory; provided that no punishment shall be imposed on a Welfare Officer without obtaining the prior approval of the Chief Commissioner.

(5)     The duties of a Welfare Officer shall be:

(i)       to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers;

(ii)      to bring to the notice of the factory management the grievances of a worker or workers, with a view to secure expeditious redress and to act as a Liasion Officer between the management and labour,

(iii)     to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies to the workers in a language understood by them;

(iv)    to watch industrial relations with a view to use his influence in the event of a dispute arising between the factory management and workers and to bring about a settlement by persuasive efforts;

(v)      to advise on fulfilment by the management and the concerned departments of the factory of their obligations, staturoy or otherwise, concerning regulation of working hours, maternity benefit, medical care compensation for injuries and sickness and other welfare and social benefit measures.

[57](vi) To advise and assit the management in the fulfilment of its obligations stautory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment in such factories where a safety Officer is not required to be appointed under the enabling provisions under section 40-B.

[58](vi-A) To promote such relations between the concerned departments of the factory and workers as are likely to bring about productive efficiency as well as a melioration in the working conditions and to help the workers in their adjustment and adoption of their working environments.

(vii) to encourage the formation of works and Joint production Committees, and Safety-First and Welfare Committes, and to supervise their work.

(viii) to encourage provision of amenities, such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pensions and superannuation funds, gratuity payments, granting of loans and legal advice to workers;

(ix)   to help the factory management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence;

(x)   to advise on question relating to provisions of welfare facilities, such as housing facilities, food stuffs, social and recreational facilities, sanitation, individual personal problems and education of children.

(xi)   to advice the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion, instructors and supervisors, supervise and control notice-board and information bulletins to further education of workers and to encourage their attendance at Technical Institutes.

(xii) to suggest measures which will serve to raise the standard of living of workers and in general promote their well being.

(6)     Powers of exemption.

The Chief Commissioner may, by notification in the official gazette, exempt any factory or class or description of factories from the operation of all of the provisions of this rule subject to such conditions as may be specified in the said notifications.

(7)     Welfare Officers not to deal with disciplinary cases or Appear on behalf of the management against workers.

No Welfare Officer shall deal with any disciplinary case against a worker, or appear before a Conciliation Officer, or in a Court or Tribunal on behalf of the factory management against a worker or workers.

CHAPTER VI Working Hours of Adults

Rules prescribed under sub-section 2 of Section 53

Rule 77. Compensatory Holidays.

(1)     Except in the case of workers engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (1) of Section 52 of the Act shall be so spaced that not more than two holidays are given in one week.

(2)     The Manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of Periods of Works, prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.

(3)     Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.

(4)     (a) The manager shall maintain a Register in Form No. 9: Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of factory or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Section 52, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent be maintained in place of and be treated as the register or return required under this Rule for that factory.

(b) The register maintained under Clause (a) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

Muster-roll prescribed under sub-section 4 of the Section 59

Rule 78. Muster-roll for exempted factories.

The Manager of every factory in' which workers are exempted under Sections 64 and from the provisions of Section 51 or 53 shall keep a muster-roll in Form No. 10 showing the normal piece-work rate of pay, or the rate of pay per hour, of all exempted employees, in this muster roll shall be correctly entered the over time hours of work and payments therefor or all exempted workers. The muster roll in Form No. 9 shall always be available for inspection.

Rule 78A. Overtime slip for Overtime work.

Period of overtime work shall be entered in overtime slip in Form No. 10(a) in duplicate a copy of which duly signed by the Manger or by a person duly authorised by him in this behalf shall be given to the worker immediately after completion of the overtime work.

Notice prescribed under sub-section 8 of Section 61

Rule 79. Notice of period of work for adults.

(1)     The notice of period of work for adults shall be:

(a)      in Form 11(a) when all the adult workers in a factory are required to work within the same period.

(b)      in Form 11 (b) in all other cases.

(2)     All notices shall be painted in bold letters on a wooden or metal plate and shall be displayed in a conspicuous place at the main entrance to the factory.

Register prescribed under sub-section 2 of Section 62

Rule 80. Register of adult workers.

"The muster roll or the register as the case may be, shall be written up fresh each year and shall be preserved for a period of 12 months after the last entry in it, and shall be produced before the inspector on demand."

Rules 81 to 84 under S. 64

Rule 81. Persons defined to hold positions of supervision or Management.

The following persons shall be deemed to hold position of supervision or management provided they are not required to perform any manual labour as a regular part of their duties and they are employed in a supervisory capacity.

(i)       All persons specified in the Schedule below annexed hereto.

(ii)      Any other persons specified, who in the opinion of the Chief Inspector holds a position of supervision or management and if so declared by him in writing.

SCHEDULE

Rule 82. Persons to hold confidential position.

The falling persons shall deemed to hold confidential position in a factory:

(1)     Stenographers.

(2)     Officer Superintendent or Head Clerk

(3)     All time keepers.

(4)     Head Cashiers and Cashiers.

(5)     Head Accountants and Accountants.

(6)     Secretary to Managing Director or Personal Assistant to the Manager.

(7)     Any other person who in the opinion of the Inspector holds a confidential position and is so declared by him in writing.

Rule 83. List to be maintained of persons holding position of super vision or management or confidential position.

A list showing the names and designations of all persons in rules 81 and 82 shall be maintained in every factory and shall be produced before the Inspector whenever required.

Rule 84. Exemption of certain adult workers.

Adult workers engaged in factories specified in column 2 of the schedule hereto annexed on the work specified in column 3 of the said Schedule shall be exempted from the provisions of the sections specified in column 4 subject to the conditions of any specified in column 3 of the said Schedule.

Explanation— The following shall be considered to be urgent repairs.

(a)      Repairs to any part of machinery, plant or structure of a factory which are of such a nature that delay in their execution involve, danger to human life or safety or the stoppage of manufacturing process.

(b)      Break-down repairs to the motive power, transmission or other essential plant of other Factories, collieries, railways dockyards, harbours, tramways, motor transport, gas, electrical generating and transmission, pumping or similar essential or public utility service carried out in a general engineering works and foundaries and which are necessary to enable such concerns to maintain their main manufacturing process production of service during normal working hours.

(c)      Repairs in connection within change of motive power, for example from steam to electricity or vice versa, when such work cannot possibly be done without stoppage of the normal manufacturing process.

CHAPTER VI Employment of Young Persons

Notice prescribed under sub-section 3 of Section 72

Rule 85. Notice of periods of work for children.

The notice of periods of work for child workers shall be in Form No. 13.

Register prescribed under sub-section 2 of Section 73 '

Rule 86. Register of child workers.

The Register of child workers shall be in Form No. 14.

Rule 86A.

The cash equivalent of the advantage accruing through the concessional sale of food grains and other articles payable to worker proceeding on leave shall be the difference between the value at the average rates in the nearest market prevailing during the month immediately proceeding his leave and the value at the concessional rates allowed of food grains and other articles be is entitled to.

For the purpose of the cash equivalent monthly average market rate of food grains and other articles shall be computed at the end of every month.[59]"

CHAPTER VIII Leave with Wages

Rules 87-94 prescribed under Section 83 and 112

Rule 87. Leave with wages register.

(1)     The Manager shall keep a Register in Form No. 15 hereinafter called the Leave with Wages Register:

Provided that if the Chief Inspector is of the opinion that any muster roll or register maintained as part of the routine of the factory, or return made by the manager, gives, in respect of any or all of the workers in the factory the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this Rule in respect of that factory.

(2)     The Leave with Wages register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

Rule 88. Leave Book.

(1)     "The Manager shall provide each worker who has become entitled to leave during a calendar year with a book in form No. 16 (thereinafter called the Leave Book) not later than the 31st January of the following calendar Year. The Leave Book shall be the property of the worker and the Manager or his agent shall not demand it except to make the relevant entries therein whenever necessary, and shall not keep it for more than a week, at a time.

Provided that in the case of a worker who is discharged or dismissed from service during the course of the year i.e. who is covered under sub-section (3) of section 79 of the Act, the Manager shall issue an abstract from the "Register of Leave with Wages" (Form No. 15) within a week from the date of discharge or dismissal, as the case may be.

(2)     If a worker loses his Leave Book, Manager shall provide him with another copy on payment of 15 N.P. and shall complete it from his record.

Rule 89. Medical Certificate.

If any worker is absent from work due to his illness and he wants to avail himself of leave with wages due to cover the whole or part of the period of his illness under the provisions of Sub-Section (7) of Section 79, he shall, if required by the Manager, produce a medical certificate signed by a registered Medical practitioner or recognised Valid or Hakim stating the cause of the absence and the period for which the worker, is in the opinion of such medical practitioner, Vail or Hakim unable to attend to his work or other reliable evidence to prove that he was actually sick during the period for which the leave is to be availed of.

Rule 90. Notice to Inspector of involuntary unemployment.

The Manager shall give, as soon as possible a notice to the Inspector of every case of involuntary unemployment of workers, giving number of unemployed and the reason for their unemployment. Entries of this effect shall be made in the Leave with Wages Register and the Leave book in respect of each worker concerned.

Rule 91. Notice by Workers.

Before or at the end of every calendar year, a worker, who may be required to avail of leave in accordance with sub-section (8) of Section 79 may give notice to the Manager of his intention not to avail himself of the leave with wages falling due during the following calendar year. The Manager shall make an entry to that effect in the Leave with Wages Register and, in the Leave Book of the worker concerned.

Rule 92. Notice of leave with wages.

(1)     As far as circumstances permit, members of the same family comprising husband, wife and children shall be allowed leave on the same date.

(2)     The Manager may alter the dates fixed for leave only after giving a notice of four weeks to the worker.

Rule 93. Payment of wages if the worker dies.

If a worker dies before he resumes work, the balance of his pay due for the period of leave with wages not availed of shall be paid to his nominees within one week of the intimation of the death of the worker. For this purpose each worker shall submit a nomination in the following form duly signed by himself and attested by two witnesses.

FORM

I hereby require that in the event of my death before resuming work the balance of my pay due for the period of leave with wages not availed of shall be paid to ............... who is my ................ and resides ...................... at. "The nomination shall remain in force until it is cancelled or revised by another nomination".

Rule 94. Register to be maintained in case of exemption under section 84.

(1)     Where an exemption is granted under Section 84, the Manager shall maintain a Register showing the position of each worker as regards leave due, leave taken and wages granted.

(2)     He shall display at the main entrance of the factory, a notice giving full details of the system established in the factory for leave with wages and shall send a copy of it to the Inspector.

(3)     No alteration shall be made in the scheme approved by the Chief Commissioner at the time of granting exemption under Section 84 without its previous sanction.

CHAPTER IX Special Provisions

Rule Prescribed under Section 87

Rule 95. Dangerous Operations.

(1)     The following operations (Manufacturing process or operation) when carried on in a factory are declared to be dangerous operations under Section 87;

(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 and 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)     Generating petrol gas from petrol.

(8)     Cleaning or smoothing of articles by a jet of sand, metal shot or grit or other abrasive propelled by a blast of compressed air or steam.

(9)     Liming and tanning of raw hides and skins and processes incidental thereto.

(10)   Manufacture of pottery.

(11)   Lead processing.

(12)   Chemical works and processes incidental thereto.

(13)   Manufacture of articles from refractory materials.

(14)   Handling and processing of asbestos for manufacture of any article of asbestos and process of manufacture or otherwise in which asbestos is used, in any form.

(15)   Handling or manipulation of corrosive substances.

(16)   Compression of oxygen or hydrogen produced by electrolysis of water.

(17)   Process of extracting of oil and facts from extraction plants.

(18)   Manufacture of manipulation of manganese and its compounds.

(19)   Manufacture of manipulation of dangerous pesticides.

(20)   Manufacture, handling and use of benzene and substances containing benze.

(21)   Manufacturing process or operation in carbon-di-sulphide plants.

(22)   Manufacture and manipulation of carcenegenic dye intermediates.

[60]23. Operation involving high noise levels.

24.   Highly flammable compressed gases.

25.   Operations in foundries.

26.   Manipulation of stone or any other material containing Free Silica.

(2)     The provisions specified 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

(2A) (a) for the medical examination of workers to be carried out by the Certifying Surgeon as required by the Schedule annexed to this rule, the occupier of the factory shall pay fees at the rate of Rupees one per year for each worker.

(b) The fees prescribed in sub-rule 2A shall be exclusive of any charges as for biological, radiological or other test which may have to be carried out in connection with the medical-examinations. Such charges shall be payable by the occupier.

(c) The fees to be paid for medical examinations shall be paid into the local treasury under the head of account Major Head 087, Labour and Employment, Receipts Under Labour Law. Receipts under various Acts, Fee realised under Factories Act

(d) For each biological and radiological examination of workers carried out by the Certifying Surgeon as required by the schedules annexed to this rule the occupier of the factory shall pay fee at the rate of rupees five and twelve respectively for each worker at the time of each examination.

(3)     The rule shall come into force in respect of any class or description of factories wherein the said operations are carried on such dates as the Chief Commissioner may, by notification in the official gazette, appoint in this behalf.

[61](4) Notwithstanding the provisions specified in the Schedule annexed to this rule, the Inspector or the Chief Inspector, as the case may be, by issue of order in writing to the manager, or occupier or both, direct 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 or the Chief Inspector, as the case may be, danger of poisoning or toxicity.

SCHEDULE I

Manufacture of Aerated Waters and processes incidental thereto

(1)    Fencing of machines.

All machines for filling bottles or syphons shall be so constructed, placed of fenced as to prevent, as far as may be practicable, a fragment of a bursting bottle or syphon from striking any person employed in the factory.

(2)    Face guards and gauntlets.

(1)     The occupier shall provide and maintain in good condition for the use of all persons engaged in filling bottles or syphons:

(a)      suitable face-guards to protect the face, neck and throat, and

(b)      suitable gauntles for both arms to protect the whole hand and arms; Provided that:

(i)       paragraph 2(1) shall not apply where bottles are filled by means of an automatic machine so constructed that no fragment of a bursting bottle can escape, and

(ii)      where a machine is so constructed that only one arm of the bottler at work upon it is exposed to danger, a gauntlet need not be provided for the arm which is not exposed to danger.

(2)     The occupier shall provide and maintain in good condition for the use of all persons engaged in corking, crowing, screwing, wiring, foiling, capsuling, sighting or labelling bottles or syphons—

(a)      suitable face-guards to protect the face, neck and throat, and

(b)      suitable gauntlets for both arms to protect the arms and at least half of the palm and the space between the thumb and forefinger,

(3)    Wearing of face guards and gauntlets.

All persons engaged in any of the processes specified in paragraph 2 shall, while at work in such processes, wear the face guards and gauntlets provided under the provisions of the said paragraph.

[[62]]SCHEDULE II

Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic acids, bases or salts of metals such as chromium, nickelx cadmium, zinc, copper, silver, gold, etc.—

(1)    Definitions.

For the purposes of this Schedule:

(a)      "Electrolytic chromium process" means the electrolytic plating or oxidation of metal articles by the use of an aelectrolyt containing acids, bases or salts of metals such as chromium, nickel, cadmium, zinc, copper, silver, gold, etc.;

(b)      "Bath means any vessel used for an electrolytic process or for any subsequent process; and

(c)      "Employed" means employed in any process involving contact with liquid from a bath.

(2)    Exhaust draught.

An efficient exhaust draught shall be applied to every vessel in which an electrolytic chromium process is carried on. Such draught shall be provided by mechanical means and shall operate on the vapour or spray given off in the process as near as may be at the point of origin. The exhaust draught appliance shall be so constructed, arranged and maintained as to prevent the vapour of spray entering into any room or place in which work is carried on.

(3)    Prohibition relating to women and young persons.

No woman, adolescent or child shall be employed or permitted to work at a bath.

(4)    Floor of workrooms.

The floor of every room containing a bath shall be impervious to water. The floor shall be maintained in good and level condition and shall be washed down at least once a day.

(5)    Protective clothing.

(1)     The occupier of the factory shall provide and maintain in good and clean condition the following articles of protective devices for the use of all persons employed on any process at which they are liable to come in contact with liquid from a bath and such devices shall be worn by the persons concerned:

(a)      water-proof aprons and bibs, and

(b)      for persons actually working at a bath, loose-fitting rubber gloves and rubber boots or other water-proof foot wear, and chemical goggles.

(2)     The occupier shall provide and maintain for the use of all persons employed suitable accommodation for the storage and adequate arrangements for the drying of the protective devices.

(6)    Water facilities.

(1)     There shall be provided and maintained in good repairs for the use of all persons employed in electrolytic process and process incidental to it—

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

(i)       a trough with a smooth impervious surface filled with a waste pipe, and of sufficient length to allow at least 60 cms for every 5 persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 60 cms, or

(ii)      atleast one wash basin for every five such persons employed at any one time, fitted with a waste pipe and having a constant supply of water laid on.

(b)      a sufficient supply of clean towels renewed daily, and soap or other suitable cleaning material.

(2)     In addition to the facility in sub-paragraph 1, an approved type of emergency shower with eye fountain shall be provided and maintained in good working order. Whenever necessary, in order to ensure continuous water supply, storage tank of 1500 litres capacity shall be provided as a source of clean water for emergency use.

(7)    Cautionary placard.

A cautionary placard in the form specified below and printed in the language of the majority of the workers employed shall be affixed in a prominent place in the factory where it can be easily and conveniently read by the workers.

CAUTIONARY NOTICE

Electrolytic plating—

1.        Chemicals handled in this plant are corrosive and poisonous.

2.        Smoking, chewing tobacco, eating food or drinking, in this area is prohibited. No food stuff or drink shall be brought in this area

3.        Some of these chemicals may be absorbed through the skin and may cause poisoning.

4.        A good wash shall be taken before meals.

5.        Protective devices supplied shall be used while working in this area.

6.        Spillage of the chemicals on any part of the body or on the floor shall be immediately washed away with water.

7.        All workers shall report for the prescribed medical tests regularly to protect their own health.

(8)    Medical facilities and records of examinations and tests-

(1)     The occupier of every factory in such electrolytic processes are carried on shall-

(a)      employ a qualified medical practitioner for medical surveillance of the workers employed therein whose appointment shall be subject to the approval of the Chief Inspector of Factories;

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

(c)      maintain a sufficient supply of suitable barrier cream, ointment and impermeable water proof plaster in a separate box readily accessible to the workers and used solely for the purpose of keeping: these substances. In case cyanides are used in the bath, the box shall also contain an emergency cyanide kit.

(2)     The medical practitioner shall examine all workers before they are employed in electrolytic processes. Such examination in case of chrome plating shall include inspection of hands, forearms, and nose and will be carried out once at least in every fortnight

(3)     The record of the examinations referred to in sub-paragraph (2) shall be maintained in a separate register approved by the Chief Inspector of Factories which shall be kept readily available for inspection by the Inspector.

(9)    Medical examination by the Certifying Surgeon.

(1)     Every worker employed in the electrolytic processes shall be examined by a Certifying Surgeon before his first employment. Such examination shall include X-ray of the chest and—

(a)      in case of chromium plating include examination for nasel septum perforation and test for chromium in urine;

(b)      in case of nickel plating, test for nickel in urine; and

(c)      in case of cadmium plating, test for cadmium in urine and -2 microglobulin in urine.

(2)     No worker shall be employed in any electrolytic process unless certified fit for such employment by the Certifying Surgeon.

(3)     Every worker employed in the electrolytic processes shall be re-examined by a Certifying Surgeon at least once every year, except in case of the workers employed in cadmium, chromium and nickel plating processes for whom this examination shall be carried out once in every six months. Such re-examination shall, wherever the Certifying Surgeon considers appropriate, include tests as specified under sub-paragraph (1) excluding the X-ray of the chest which shall not be required normally to be carried out earlier than once in three years.

(4)     The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 5. The record of examination and re-examination carried out shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs(1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 17.

(5)     The certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector,

(6)     If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the electrolytic processes on the ground that continuance therein would involve 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. The person declared unfit in such circumstances shall be provided with alternate placement facility unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.

(7)     No person who has been found unfit to work as said in sub-paragraph (6) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.

SCHEDULE III

Manufacture and repair of electric accumulators

(1)    Savings.

This schedule shall not apply to the manufacture or repair of electric accumulators or parts thereof not containing lead or any compound of lead; or to the repair on the premises of any accumulator forming part of a stationary battery.

(2)    Definitions.—

For the purposes of this Schedule:

(a)      "Lead Process" means the melting of lead or any material containing lead casting, pasting, lead burning or any other work including trimming, or any other abrading or cutting or pasted plates, involving the use, movement or manipulation of, or contact with, any oxide of lead.

(b)      "Manipulation of raw oxide of lead" means any lead process involving any manipulation or movement of raw oxides of lead other than its conveyance in a receptacle or by means of an implement from one operation to another.

(c)      "Suspension" means suspension from employment in any lead process by written certificates in the Health Register (Form 17) signed by the Certifying Surgeon, who shall have power of suspension as regards all persons employed in any such process.

(3)    Prohibition relating to women and young persons.

No woman or young person shall be employed or permitted to work in any lead process or any room in which the manipulation of raw oxide of lead or pasting is carried on.

(4)    Separation of certain processes.

Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another, and from any other process.

(a)      Manipulation of raw oxide of lead;

(b)      Pasting;

(c)      Drying of pasted plates;

(d)      Formation with lead burning ("tacking") necessarily carried on in connection therewith;

(5)    Air space.

In every room in which a lead process is carried on, there shall be at least 500 cubic feet of air space for each person employed therein, and in computing this air space no height over 12 feet shall be taken into account

(6)    Ventilation.

Every workroom shall be provided with inlets and outlets of adequate size as to secure and maintain efficient ventilation in all parts of the room.

(7)    Distance between workers in pasting room.

In every pasting room the distance between the centre of the working position of any paster and that of the paster working nearest to him shall not be less than six feet

(8)    Floor of workrooms.

(1)     The floor of every room in which a lead process is carried on shall be—

(a)      of cement or of similar material so as to be smooth and impervious to water;

(b)      maintained in sound condition;

(c)      kept free from materials, Plant, or other obstruction not required for or produced in the process carried on in the room.

(2)     In all such rooms other than grid casting shop the floor shall be cleaned daily after being thoroughly sprayed with water at a time when no other work is being carried on in the room.

(3)     In grid casting shops the floor shall be cleansed daily.

(4)     Without prejudice to the requirements of sub-paragraphs (1), (2) and (3). where manipulation of raw oxide of lead or pasting is carried on, the floor shall also be—

(a)      kept constantly moist while work is being done;

(b)      provided with suitable and adequate arrangements for drainage;

(c)      thoroughly washed daily by means of a hose pipe.

(9)    Work-benches.

The work-benches at which any lead process is carried on shall—

(a)      have a smooth surface and be maintained in sound condition;

(b)      be kept free from all materials or plant not required for, or produced in the process carried on thereat;

and all such work-benches other than those in grid casting shops shall—

(c)      be cleansed daily either after being thoroughly damped or by means of a suction cleaning apparatus at a time When no other work is being carried on thereat;

and all such

(d)      be cleansed daily;

and all such work-benches in grid casting shops, shall—

(e)      be covered throughout with sheet lead or other impervious material;

(f)       be provided with raised edges;

(g)      be kept constantly moist while pasting is being carried on.

(10) Exhaust draught.

The following processes shall not be carried on without the use of an efficient exhaust draught—

(a)      Melting of lead or materials containing lead;

(b)      Manipulation of raw oxide of lead, unless done in an enclosed apparatus so as to prevent the escape of dust into the work-room;

(c)      pasting;

(d)      Trimming, brushing, filing or any other abrading or cutting of pasted plates giving rise to dust.

(e)      Lead burning other than

(i)       "tacking" in the formation rooms;

(ii)      Chemical burning for the making of lead linings for cell cases necessarily carried on in such a manner that the application of efficient exhaust is impracticable. Such exhaust draught shall be effected by mechanical means and shall operate on the dust or fume given off as nearly as may be at its point of origin, so as to prevent it entering the air of any room in which persons work.

(11) Fumes and gases from melting pots.

The products of combustion produced in the heating of any melting pot shall not be allowed to escape into a room in which persons work.

(12) Container for dross.

A suitable receptacle with tightly, fitting cover shall be. provided and used for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the work-room, except when dross is being deposited therein.

(13) Container for lead waste.

A suitable receptacle shall be provided in every workroom in which old plates and waste material which may give rise to dust shall be deposited.

(14) Racks and Shelves in drying room.

The racks or shelves provided in any drying room shall not be more than 8 feet from the floor nor more than 2 feet in width; provided that as regards racks or shelves set or drawn from both sides the total width shall not exceed 4 feet.

Such racks or shelves shall be cleaned only after being thoroughly damped unless an efficient suction cleaning apparatus is used for this purpose.

(15) Medical Examination.

(a)      Every person employed in a lead process shall be examined by the Certifying Surgeon within seven days preceding or following the date of his first employment in such process and thereafter shall be examined by the Certifying Surgeon once in every calendar month or at such other intervals as may be specified in writing by the Chief Inspector, on a day of which due notice shall be given to all concerned.

'First Employment' means first employment in a lead process in the factory or workshop and also re-employment therein in a lead process following any and cessation of employment in such process for a period exceeding three calendar months.

(b)      A Health Register in Form No. 17 containing the names of all persons employed in a lead process shall be kept.

(c)      No person after suspension shall be employed in a lead process without written sanction from the Certifying Surgeon entered in or attached to the Health Register.

(16) Protective clothing.

Protective clothing shall be provided and maintained in good repair for all persons employed in—

(a)      manipulation of raw oxide of lead;

(b)      pasting;

(c)      the formation room;

and such clothing shall be worn by the persons concerned. The protective clothing shall consist of a waterproof apron and water-proof foot-wear; and also, as regards persons employed in the manipulation of raw oxide of lead or in pasting head coverings. The head coverings shall be washed daily.

(17) Mess Room.

There shall be provided and maintained for the use of all persons employed in a lead process and remaining on the premises during the meals interval, a suitable mess-room, which shall be furnished with (a) sufficient tables and benches, and (b) adequate means

The mess-room shall be placed under the charge of a responsible person and shall be kept clean.

(18) Cloak Room.

There shall be provided and maintained for the use of all persons, employed in a lead process—

(a)      a cloak-room for clothing put off during working hours with adequate arrangements for drying the clothing if wet. Such accommodation shall be separate from any mess-room; and

(b)      separate and suitable arrangements for the storage of protective clothing provided under paragraph 16.

(19) Washing facilities.

There shall be provided and maintained in a clean state and in good repair for the use of all persons employed in a lead 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 two feet for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than two feet; or

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

(iii)     a sufficient supply of clean towels made of suitable materials renewed daily, which supply; in the case of pasters and persons employed in the manipulating of raw oxide of lead, shall include a separate marked towel for each such worker; and

(iv)    a sufficient supply of soap Or other suitable cleansing material and of nail brushes;

(b)      There shall in addition be provided means of washing in close proximity to the rooms in which manipulation of raw oxide of lead or pasting is carried on, if required by notice in writing from the Chief Inspector.

(20) Time to be allowed for washing.

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 person who has been employed in the manipulation of raw oxide of lead or in pasting:

Provided that if there be one basin or two feet of trough for each such person this Rule shall not apply.

(21) Facilities for bathing.

Sufficient bath accommodation to the satisfaction of the Chief Inspector shall be provided for all persons engaged in manipulation of raw oxide of lead or in pasting, and a sufficient supply of soap and clean towels.

(22) Foods, drinks, etc. prohibited in work-rooms.

No food, drink, pan and supari or tobacco shall be consumed or brought by any worker into any work-room in which any lead process is carried on.

SCHEDULE IV

Glass Manufacture

(1)    Exemption

If the Chief Inspector is satisfied in respect of any factory or any class of process that, owing to the special methods of work or the special conditions in a factory or otherwise any of the requirements of this Schedule can be suspended or relaxed without danger to the persons employed therein or that the application of this Schedule or any part thereof is for any reason impracticable, he may by certificate in writing authorise " such suspension or relaxation as may be indicated in the certificate for such period and on such conditions as he may think fit.

(2)    Definitions

For the purpose of this Schedule—

(a)      "Efficient exhaust draught" means localised ventilation effected by mechanical means, for the removal of gas, vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric conditions, usually prevailing) from escaping into the air of any place in which work is carried on. No draught shall be deemed efficient which fails to remove smoke generated at the point where such gas, vapour, fume or dust originate.

(b)      "Lead compound" means any compound of lead other than galena which, when treated in the manner described below, yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide five per cent of the dry weight of the portion taken for analysis.

The method of treatment shall be as follows:

A weighed quantity of the material which has been dried at 100°C and thoroughly mixed shall be continuously shaken for one hour at the common temperature with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filterate shall then be precipitated as lead sulphide and weighed as lead sulphate.

(c)      "Suspension" means suspension from employment in any process specified in paragraph 3 by written certificate in the Health Register Form No. 17 signed by the Certifying Surgeon who shall have power of suspension as regards all persons employed in any such process.

(3)    Exhaust draught

The following processes shall not be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector.

(a)      The mixing of raw materials to form a "batch".

(b)      The dry grinding, glazing and polishing of glass or any article of glass.

(c)      All process in which hydrofluoric acid fumes or ammoniacal vapours are given off.

(d)      All process in the making of furnace moulds or "pots" including the grinding or crushing of used "pots".

(e)      All processes involving the use of a dry lead compound.

(4)    Prohibition relating to women and young persons.

No woman or young person shall be employed or permitted to work in any of the operations specified in paragraph 3 or at any place where such operations are carried on.

(5)    Floors and work-benches.

The floor and work-benches of every room in which a dry compound of lead is manipulated or in which any process is being carried on giving off siliea dust shall be kept moist and shall comply with the following requirements—

The floors shall be—

(a)      of cement or similar material so as to be smooth and impervious to water;

(b)      maintained in sound condition; and

(c)      cleansed daily after being thoroughly sprayed with water at a time when no other work is being carried on in the room.

The work-benches shall—

(a)      have a smooth surface and be maintained in sound condition; and

(b)      be cleaned daily either after being thoroughly damped or by means of a suction cleaning apparatus at a time when no other work is being carried on thereat

(6)    Use of hydrofluoric acid.

The following provisions shall apply to rooms in which glass is treated with hydroflouric acid;

(a)      There shall be inlets and outlets of adequate size so as to secure and maintain efficient ventilation in all parts of the room;

(b)      The floor shall be covered with guttapercha and be tight and shall slope gently down to a covered drain;

(c)      The workplaces shall be so enclosed in projecting hoods that openings required for bringing in the objects to be treated shall be as small as practicable; and

(d)      The efficient exhaust draught shall be so contrived that the gases are exhausted down wards.

(7)    Storage and transport of Hydroflouric Acid.

Hydrofluoric acid shall not be stored or transported except in cylinders or receptacles made of lead or rubber.

(8)    Blow-pipes.

Every glass blower shall be provided with a separate blow-pipe bearing the distinguishing mark of the person to whom it is issued and suitable facilities shall be readily available to every glass blower for sterilising his blow pipe.

(9)    Food, drinks, etc. prohibited in work-rooms.

No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any room or work-place wherein any process specified in paragraph 3 is carried on.

(10) Protective clothing.

The occupier shall provide, maintain in good repair and keep in a clean condition for the use of all persons employed in the processes specified in paragraph 3 suitable protective clothing, foot-wear and goggles according to the nature of the work and such clothing foot-wear, etc., shall be worn by the persons concerned.

(11) Washing facilities.

There shall be provided and maintained in a cleanly state and in good repair for the use of all persons employed in the processes specified in paragraph 3.

(a)      a wash place 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 two feet for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 2 feet; or

(ii)      at least one wash basin for every five such persons employed at any one time, fitted with waste pipe and plug and having an adequate supply of water laid on or always readily available; and

(b)      a sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleansing material and of nail brushes; and

(c)      a sufficient number of stand pipes with taps—the number and location of such stand pipes shall be to the satisfaction of the Chief Inspector.

(12) Medical examination.

(a)      Every person employed in any process specified in paragraph 3 shall be examined by the Certifying Surgeon within seven days preceding or following the date of his first employment in such process and thereafter shall be examined by the Certifying Surgeon once in every calendar month or at such other intervals as may be specified in writing by the Chief Inspector on a day of which due notice shall be given to all concerned.

(b)      A Health Register in Form No. 17 containing the names of all persons employed in the process specified in paragraph 3 shall be kept

(c)      No person after suspension shall be employed in any process specified in paragraph 3 without written sanction from the Certifying Surgeon entered in or attached to the Health Register.

SCHEDULE V

Grinding or glazing of metals and processes incidental thereto

(1)    Definitions.

For the purposes of this Schedule—

(a)      "Grindstone", means a grindstone composed of natural or manufactured sandstone but does not include a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted.

(b)      "Abrasive wheel" means a wheel manufactured of bonded emery or similar abrasive.

(c)      "Grinding" means the abrassion, by aid of mechanical power, of metal by means of a grindstone or abrasive wheel.

(d)      "Glazing" means the abrading polishing or finishing, by aid of mechanical power, of metal, by means of any wheel, buff mop or similar appliance to which any abrading or polishing substance is attached or applied.

(e)      "Racing" means the turning up, cutting or dressing of a revolving grindstone before it is brought into use for the first time.

(f)       "Hacking" means the chipping of the surface of a grindstone by a Hack of similar tool.

(g)      "Rodding" means the dressing of the surface of a revolving grind-stone by the application or rod, bar or strip of metal to such surface.

(2)    Exceptions.

(1)     Nothing in this Schedule shall apply to any factory in which only repairs are carried on except any part thereof in which one or more persons are wholly or mainly employed in the grinding or glazing of metals.

(2)     Nothing in this Schedule except paragraph 4 shall apply to any grinding or glazing of metals carried on intermittently and at which no person is employed for more than 12 hours in any week.

(3)     The Chief Inspector may by certificate in writing subject to such (sic) as he may specify therein, relax or suspend any of the provisions of this Schedule in respect of any factory if owing to the special methods of work or otherwise such relaxation or suspension is practicable without danger to the health or safety of the persons employed.

(3)    Equipment for removal of dust

No racing, dry grinding or glazing shall be performed without:

(a)      A hood or other appliance so constructed arranged placed and maintained as substantially to intercept the dust thrown off; and

(b)      a duct of adequate size, air tight and so arranged as to be capable of carrying away the dust, which dust shall be kept free from obstruction and shall be provided with proper means of access for inspection and cleaning, and where practicable with a connection at the end remote from the fan to enable the Inspector to attach thereto any instrument necessary for ascertaining the pressure of an air in the said duct; and

(c)      a fan or other efficient means of producing a draught sufficient to extract the dust;

Provided that the Chief Inspector may accept any other appliance that is, in his opinion, as effectual for the interception, removal and disposal of dust thrown off as a hood, dust and fan would be.

(4)    Restriction on employment on grinding operations.

Not more than one person shall at any time perform the actual process of grinding or glazing upon a grindstone, abrasive wheel or glazing appliance.

Provided that this paragraph shall not prohibit the employment of person to assist in the manipulation of heavy or bulky articles at any such grindstone, abrasive wheel or glazing appliance.

(5)    Glazing.

Glazing or other processes, except processes incidental to wet grinding upon a grindstone shall not be carried on in any room in which wet grinding upon a grindstone is done.

(6)    Hacking and rodding.

Hacking or roddings shall not be done unless during process either (a) an adequate supply of water is laid on at the upper surface of the grindstone or (b) adequate appliances for the interception of dust are provided in accordance with the requirements of paragraph 3.

(7)    Examination of dust equipment.

(a)      All equipment for the extraction or suppression of dust shall at least once in every six months be examined and tested by a competent person and any defect disclosed by such examination and test shall be rectified as soon as practicable.

(b)      (A register containing particulars of such examination and test shall be kept in a Form No. 17A).

SCHEDULE VI

Manufacture and treatment of lead and certain compounds of lead

(1)    Exemptions.

Where the Chief Inspector is satisfied that all or any of the provisions of this Schedule are not necessary for the protection of the persons employed he may by certificate in writing exempt any factory from all or any of such provisions, subject to such conditions as he may specify therein.

(2)    Definitions.

For the purposes of this Schedule—

(a)      "Lead Compound" means any compound of Lead other than galena which when treated in the manner described below, yields to an aqueous solution of hydrochloric acid, a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five percent, of the dry weight of the portion taken for analysis. In the case of paints and similar products and other mixtures containing oil or fat the "dry weight" means the dry weight of the material remaining after the substance has been thoroughly mixed and treated with suitable solvents to remove oil, fats, varnish or other media.

The method of treatment shall be as follows:

A weighed quantity of the material which has been dried at 100°C and thoroughly mixed shall be continuously shaken for one hour, at the common temperature with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filterate shall then be precipitated as lead sulphide and weighted as lead sulphate.

(b)      "Efficient Exhaust draught" means localised ventilation effected by the heat or mechanical means, for the removal of gas vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric conditions usually prevailing) from escaping into the air of any place in which work is carried on, No draught shall be deemed efficient which fails to remove smoke generated at the point where such gas, vapour, fumes or dust originate.

(3)    Application.

This Schedule shall apply to all factories or parts of factories in which any of the following operations are carried on:

(a)      Work at a furnace where the reduction of treatment of zinc or lead ores is carried on.

(b)      The manipulation, treatment or reduction of ashes containing lead, the delivering of lead or the melting of scrap lead or zinc.

(c)      The manufacture of solder or alloys containing more than ten per cent of lead.

(d)      The manufacture of any oxide carbonate, sulphate, chromate, acetate, nitrate or silicate of lead.

(e)      Handling or mixing of lead tetra-ethyl.

(f)       Any other operation involving the use of a lead compound.

(g)      The cleaning of workrooms where any of the operations aforesaid are carried on.

(4)    Prohibition relating to women and young persons.

No woman or young person shall be employed or permitted to work in any of the operations specified in paragraph 3.

(5)    Requirements to be observed.

No person shall be employed or permitted to work in any process involving the use of lead compounds if the process is such that dust or fume from a lead compound is produced therein, or the persons employed therein are liable to be splashed with any lead compound in the course of their employment unless the provisions of paragraph 6 to 14 are complied with.

(6)    Exhaust draught.

'Where dust, fume, gas or vapour is produced in the process, provision shall be made for removing them by means of an efficient exhaust draught so contrived as to operate on the dust, fume, gas or vapour as closely possible to the point of origin.

(7)    Certificate of fitness.

A person medically examined under paragraph 8 and found fit for employment shall be granted by a certifying surgeon a certificate of fitness in Form No. 28 and such certificate shall be in the custody of the manager of the factory. The certificate shall be kept readily available for inspection by any Inspector and the person granted such a certificate shall carry with him, while at work, a token giving reference to such certificate.

(8)    Medical examination.

(1)     The person so employed shall be medically examined by a Certifying Surgeon within 14 days of his first employment in such process and thereafter shall be examined by the Certifying Surgeon at intervals of not more than three months, and a record of such examinations shall be entered by the Certifying Surgeon in the special certificate of fitness granted under paragraph 7.

(2)     If at any time the Certifying Surgeon is of opinion that any person is no longer fit for employment on the ground that continuance therein would involve special danger to health, he shall cancel the special certificate of fitness of that person.

(3)     No person whose special certificate of fitness has been cancelled shall be employed unless the Certifying Surgeon, after examination, again certifies him to be fit for employment

(9)    Food, drinks, etc. prohibited in work-rooms.

No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any work-room in which the process is earned on and no person shall remain in any such room during intervals for meals or rest

(10) Protective clothing.

Suitable protective overalls and head coverings shall be provided, maintained and kept clean by the factory occupier and such overalls and head covering shall be worn by the persons employed.

(11) Cleanliness of work-rooms, tools etc.

The rooms in which the persons are employed and all tools and apparatus used by them shall be kept in a clean state.

(12) Washing Facilities.

(1)     The occupier shall provide and maintain for the use of all persons employed suitable washing facilities consisting of—

(a)      a trough with a smooth impervious surface fitted with a waste pipe without plugs and of sufficient length to allow at least two feet for every ten persons employed at any one time, and having a constant supply of clean water from taps or jets above the trough at intervals of not more than two feet; or

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

together with, in either case, a sufficient supply of nail brushes, soap or other suitable cleansing material and clean towels.

(2)     The facilities so provided shall be placed under the charge of a responsible person and shall be kept clean.

(13) Messroom or Canteen.

The occupier shall provide and maintain for the use of the person employed suitable and adequate arrangements for taking their meals. The arrangements shall consist of the use of a room separate from any workroom which shall be furnished with sufficient tables and benches, and unless a canteen serving hot meals is provided, with adequate means of warming food. The room shall be adequately ventilated by the circulation of fresh air, shall be placed under the charge, of a responsible person and shall be kept clean. N

(14) Cloak room.

The occupier shall provide and maintain for the use of persons, employed, suitable accommodation for clothing not worn during working hours, and for the crying of wet clothing.

SCHEDULE VII

Generating petrol gas from dangerous petroleum as defined in the Petroleum Act, 1934

(1)    Prohibition relating to women and young persons.

No woman or young person shall be employed or permitted to work in or shall be allowed to enter any building in which the generating of petrol gas from dangerous petroleum as defined in the Petroleum Act, 1934 is carried on.

(2)    Flame traps.

The plant for generating petrol gas from petrol and associated piping and fittings shall be fitted with at least two efficient flame traps so designed and maintained as to prevent a flash back from any burner to the plant. One of these traps shall be fitted as close to the plant as possible. The plant and all pipes and valves shall be installed and maintained free from leaks.

(3)    Generating building or room.

All plants for generating petrol gas from dangerous petroleum as defined in the Petroleum Act, 1934, erected after the coming into force of the provisions specified in this schedule, shall be erected outside the factory building proper in a separate well ventilated building (hereinafter referred to as the "generating building"). In the case of such plant erected before the coming into force of the provisions specified in this Schedule there shall be no direct communication between the room where such plants are erected thereinafter referred to as "the generating room") and the remainder of the factory building. So far as practicable all such generating rooms shall be constructed of fire-resisting materials.

(4)    Fire extinguishers.

An efficient means of extinguishing petrol fires shall be maintained in an easily accessible position near the plant for generating petrol gas from petrol.

(5)    Plant to be approved by Chief Inspector.

Petrol gas shall not be manufactured except in a plant for generating petrol gas the design and construction of which has been approved by the Chief Inspector.

(6)    Escape of petrol.

Effective steps shall be taken to prevent petrol from escaping into any drain or sewer.

(7)    Prohibition relating to smoking etc.

No person shall smoke or carry matches, fire or naked light or other means of producing a naked light or spark in the generating room or building or in the vicinity thereof and a warning notice in the language understood by the majority of the workers shall be pasted in the factory prohibiting smoking and the carrying of matches, fire or naked light or other means of producing a naked light or spark into such room or building.

(8)    Access to petrol or container.

No unauthorised person shall have access to any petrol or to a vessel containing or having actually contained petrol.

(9)    Electric fittings.

All electric fittings shall be of flame proof construction and all electric conductors shall either be enclosed in metal conduits or be leadsheathed.

(10) Construction of doors.

All doors in the generating room or building shall be constructed to open outwards or to slide and no door shall be locked or obstructed or fastened in such a manner that it cannot be easily and immediately opened from the inside while gas is being generated and any person is working in the generating room or building.

(11) Repair of containers.

No vessel that has contained petrol shall be repaired in a generating room or building and no repairs to any such vessel shall be undertaken unless live steam has been blown into the vessel and until the interior is thoroughly steamed out or other equally effective steps have been taken to ensure that it has been rendered free from petrol or inflammable vapour.

SCHEDULE VIII

Cleaning or smoothing of articles by a jet of sand, metal shot or grit or other abrasive propelled by a blast of compressed air or steam

(1)    Definition.

For the purposes of this Schedule—

"Sand blasting" means the blasting of any articles by a jet of sand, metal shot, grit or other abrasive.

(2)    Sand blasting to be done in enclosed chamber.

Sand blasting shall not be done in any room except in an enclosed chamber or cabinet in which no other work is performed and at which efficient means are provided, arranged and maintained to prevent the escape of dust to the outside of such chamber or cabinet.

(3)    Prohibition relating to employment of women and young persons.

No woman or young person shall be employed or permitted to work at any operation of sand blasting.

(4)    Protective equipment.

(1)     Unless he is wearing a suitable protective helmet and gauntlets;

(a)      no person shall be employed or permitted to work at blasting in the open air or work within thirty feet of sand blasting apparatus in operation in the open air; and

(b)      no person shall be employed or permitted to work or allowed in a sand blasting chamber whilst the sand blasting apparatus is in operation;

(2)     The occupier of the factory shall provide and maintain in good condition all helmets, overalls and gauntlets that are necessary to comply with the requirements of this Schedule.

(3)     Every protective helmet shall carry the distinguishing mark of the. person by whom it is to be used and shall be provided with a sufficient supply of pure air for breathing and ventilation,; together with suitable arrangements to permit the escape of the expired air.

(4)     No person shall wear a protective helmet that has been worn by another person unless such protective helmet shall have been thoroughly disinfected.

(5)     All person engaged in sand blasting while at work shall wear the protective equipment provided under the provisions of this paragraph.

SCHEDULE IX

Liming and tanning of raw hides and skins and processes incidental thereto

(1)    Cautionary notices.

(1)     Cautionary notices as to anthrax in the form specified by the Chief Inspector shall be affixed in prominent positions in the factory where they may be easily and conveniently read by the persons employed.

(2)     A copy of a warning notice as to anthrax in the form specified by the Chief Inspector shall be given to each person employed when he is engaged, and subsequently if still employed on the first day of each calendar year.

(3)     Cautionary notices as to the effects of chrome on the skin shall be affixed in prominent positions in every factory in which chrome solutions are used and such notice shall be so placed as to be easily and conveniently read by the persons employed.

(4)     Notices shall be affixed in prominent places in the factory stating the position of the "First Aid"! box or cupboard and the name of the person in charge of such box or cupboard.

(5)     If any person employed in the factory is illiterate, effective steps shall be taken to explain carefully to such illiterate person the contents of the notices specified in paragraphs 1, 2 and 4 and if chrome solutions are used in the factory, the contents of the notice specified in paragraph 3.

(2)    Protective clothing.

The occupier shall provide and maintain in good condition the following articles of protective clothing:

(a)      waterproof footwear, leg coverings, aprons and rubber gloves for persons employed in processes involving contact with chrome solutions including the preparation of such solution.

(b)      glove and boots for persons employed in lime yard; and

(c)      protective footwear, aprons and gloves for persons employed in processes involving the handling of hides or skins other than in processes specified in clause (a):

Provided that—

(i)       the gloves, aprons, leg coverings or boots may be of rubber or leather, but the gloves and boots to be provided under sub-clauses (a) and (b) shall be of rubber;

(ii)      the gloves may not be provided to persons fleshing by hand or employed in processes in which there is no risk of contact with lime, sodium sulphide or other caustic liquor.

(3)    Washing facilities, messroom and cloakroom.

There shall be provided and maintained in a clean state and in good repair for the use of all parsons employed—

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

(b)      at least one wash basin for every ten such persons employed at any time, fitted with a waste pipe and plug and having a constant supply of water together with in either case, a sufficient supply of nail brushes, soap or other suitable cleansing material, and clean towels;

(c)      a suitable mess-room, adequate for the number remaining on the premises during the meal intervals, which shall be furnished with (1) sufficient tables and benches, and (2) adequate means for warming food and for boiling water.

The mess-room shall (1) be separate from any room or shed in which hides or skins are stored, treated or manipulated, (2) be separate from the cloak-room, and (3) be placed under the charge of a responsible person;

(d)      suitable accommodation for clothing put off during working hours and another accommodation for protective clothing and shall also make adequate arrangements for drying up the clothing in both the cases, if wet. The accommodation so provided shall be placed under the charge of a responsible person.

(4)    Food, drinks, etc. prohibited in work-rooms.

No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any work-room or shed in which hides and skins are stored, treated or manipulated.

First aid arrangements.—

The occupier shall—

(a)      arrange for an inspection of the hands of all persons coming into contact with chrome solutions to be made twice a week by a responsible person;

(b)      collapse or failure of a crane, derrick, winch, hoist or other and impermeable waterproof plaster in a box readily accessible to the worker and used solely for the purpose of keeping the ointment and plaster.

SCHEDULE X

Printing Presses and Type foundaries—Certain lead processes carried therein

(1)    Definitions.

For the purpose of this Schedule—

(a)      "Lead Material" means Material containing not less than five per cent of lead,

(b)      "Lead Process" means—

(i)       the melting of lead or any lead material for casting and mechanical composing;

(ii)      and the re-charging of machines with used lead material; or

(iii)     any other work including removal of dross from melting pots, cleaning of plungers; and

(iv)    Manipulation, movement or other treatment of lead material.

Efficient exhaust draught" means localised ventilation affected by heat or 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 efficient which fails to remove gas, vapour, fumes or dust at the point where they originate.

(2)    Exhaust draught

None of the following processes shall be carried on except within efficient exhaust draught:

(a)      Melting lead material or slugs;

(b)      Heating lead material so that vapour containing lead is given off;

or unless carried on in such a manner as to prevent free escape of gas, vapour, fumes or dust into any place in which work is carried on;

or unless carried on in electrically heated and thermostatically controlled melting pots.

Such exhaust draught shall be affected by mechanical means and so contrived as to operate on the dust, fumes, gas or vapour given off as closely as may be at its point of origin.

(3)    Prohibition relating to women and young persons.

No women or young persons shall be employed or permitted to work in any lead process.

(4)    Separation of certain processes.

Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another and from any other process—

(a)      melting of lead or any lead material;

(b)      casting of lead ingots;

(c)      mechanical composing.

(5)    Container for dross.

A suitable receptacle with tightly fitting cover shall be provided and used for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the work room near the machine except when the dross is being deposited therein.

(6)    Floor of workroom.

The floor of every workroom where lead process is carried on shall be—

(a)      of cement or similar material so as to be smooth and impervious to water

(b)      maintained in sound conditions; and

(c)      shall be cleaned through daily after being thoroughly damped with water at a time when no other work is being carried on at the place.

(7)    Mess Room.

There shall be provided and maintained for the use of all persons employed in a lead process and remaining on the premises during the meal intervals, a suitable mess-room, which shall be furnished with sufficient tables and benches.

(8)    Washing facilities.

There shall be provided and maintained in a cleanly state and in good repair for the use of all persons employed in a lead process;

(a)      A wash place with either—

(i)       A trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least two feet for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 2 feet; or

(ii)      at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and plug and having an adequate supply of water laid on or always readily available; and

(b)      A sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleansing material.

(9)    Medical Examination.

(a)      Every person employed in a lead process shall be examined by the Certifying Surgeon within 14 days of his first employment in such processes and thereafter shall be examined by the Certifying Surgeon at intervals of not more than 3 months, and a record of such examinations shall be entered by the Certifying Surgeon in the special certificate of fitness in Form No. 28.

(b)      A Health register containing names of all persons employed in any lead process shall be kept in Form No. 17.

(c)      No person after suspension shall be employed in a lead process without the written sanction from the Certifying Surgeon entered in the Health Register.

(10) Food, drinks, etc., prohibited in workrooms.

No food, drinks, pan and supari, or tobacco shall be consumed or brought by any worker into any workroom in which any lead process is carried on.

(11) Exemption.

Where Chief Inspector is satisfied that all or any of the provisions of this schedule are not necessary for the protection of persons employed; he may by certificate in writing exempt any factory from all or any of such provisions subject to such conditions as he may specify therein. Such certificate may at any time be revoked by the Chief

Inspector.

SCHEDULE XI

Manufacture of pottery

(1)    Savings.

These provisions shall not apply to a factory in which any of the following articles, but no other pottery are made-

(a)      Unglazed or salt-glazed bricks and tiles; and

(b)      architectural term-cotta made from plastic clay and either unglazed or glazed bricks and tiles; and

(2)    Definitions. -

For the purposes of this Schedule—

(a)      "Pottery" includes earthenware, stoneware, porcelain, China tiles and any other articles made from clay and other materials such as quartz, flint feldspar, and

(b)      "Efficient exhaust draught" means localised ventilation effected by mechanical or other means for the removal of dust or fume so as to prevent it from escaping into the air of any place in which work is carried on. No draught shall be deemed efficient which fails to remove effectively dust or fume generated at the point where dust or fume organisates.

(c)      "Fettling" includes scalloping, towing, sand papering, sand sticking, brushing or any other process of cleaning of Pottery ware in which dust is given off.

(d)      "Leadless glaze" means a glaze which does not contain more than one per cent of its dry weight of a lead compound calculated as lead monoxide.

(e)      "Low solubility glaze" means a glaze which does not yield to dilute hydrochloric acid more than five percent of its dry weight of a soluble lead compound calculated as lead monoxide when determined in the manner described below:—

A weighed quantity of the material which has been dried at 100°C and thoroughly mixed shall be continuously shaken for one hour, at the common temperature with 1000 times its weight of any aqueous solution of hydrochloric and containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate.

(f)       "Ground or powdered flint quartz" does not include natural sands.

(g)      "Potter's shop" includes all places where pottery is formed by pressing or by any other process and all places where shaping, fettling or other treatment of pottery articles prior to placing for the biscuit fire is carried on.

(3)    Efficient exhaust draught.

The following processes shall not be carried on without the use of an efficient exhaust draught:

(i)       All processes involving the manipulation or use of a dry and unfritted lead compound.

(ii)      The fettling operations of any kind, whether on greenware or biscuit, provided that this shall not apply to the wet fettling, and to the occasional finishing of pottery articles without the aid of mechanical power.

(iii)     Sifting of clay dust or any other material for making tiles or other articles by pressure, except where:—

(a)      this is done in a machine so enclosed as to effectually prevent the escape of dust; or

(b)      the material to be sifted is so damp that no dust can be given off.

(iv)    The pressing of tiles from clay dust, an exhaust opening being connected with each press, this clause shall also apply to the pressing from clay dust of articles other than tiles, unless the material is so damp that no dust is given off.

(v)      Fettling of tiles made from clay due by pressure, except where the fettling is done wholly on, or with, damp material; this clause shall also apply to the fettling of other articles made from day dust, unless the material is so dump that no dust is given off.

(vi)    The process of loading and unloading of saggars where handling and manipulation of ground and powered flint, quartz, alimina or other materials are involved.

(vii)   The brushing of earthenware biscuit unless the process is carried on in a room provided with efficient general mechanical ventilation or other ventilation which is certified by the Inspector of Factories as adequate, having regard to all the circumstances of the case.

(viii)  Fettling of biscuit ware which has been fired in powdered flint or quartz except where this is done in machines so enclosed as to effectually prevent the escape of dust.

(ix)    Ware cleaning after the application of glaze by dipping or other process.

(x)      Crushing and dry grinding of materials for pottery bodies, and saggars, unless carried on in machines so enclosed as to effectively prevent the escape of dust or is so damp that no dust can be given off.

(xi)    Sieving or manipulation of powdered flint, quartz clay grog or mixture of these materials unless it is so damp that no dust can be given off.

(xii)   Grinding of tires on a power driven wheel unless an efficient water spray is used on the wheel.

(xiii)  Lifting and conveying of materials by elevators and conveyors unless they are effectively enclosed and so arranged as to prevent escape of dust into the air in or near to any place which persons are employed.

(xiv)  The preparation or weighing cut of flow material, lawning of dry colours, colouring, dusting and colour blowing.

(xv)   In mould making unless the basis of similar receptacles used for holding plaster of Paris are provided with suitable covers.

(xvi)  The manipulation of calcined material unless the material has been made and remains wet that no dust is given off.

(4)    Separation of processes.

Each of the following process shall be carried on in such a manner and under such conditions so as to secure effectual separation from one another, and from other wet processes:—

(a)      Crushing and dry grinding or sieving of materials, fettling, pressing of tiles, drying of clay and greenware, loading and unloading of saggars.

(b)      All processes involving the use of a dry lead compound.

(5)    Prohibition on use of glaze.

No glaze which is not a leadless glaze or a low solubility glaze shall be used in a factory in which pottery is manufactured.

(6)    Prohibition relating to women and young persons.

No woman or young person shall be employed or permitted to work in any of the operations specified in clause 2, or at any place where such operations are carried on.

(7)    Provision of screen to potter's wheel.

The potter's wheel (Jolly and Jigger) shall be provided with screens or so constructed as to prevent clay scraping being thrown off beyond the wheel.

(8)    Control of dust during cleaning.

(1)     All practical measures shall be taken by damping or otherwise to prevent dust arising during cleaning of floors.

(2)     Damp saw-dust or other suitable material shall be used to render the moist method effective in preventing dust arising into the air during the cleaning process which shall be carried out after work has ceased.

(9)    Floor of certain work-rooms.

The floors of potter's shops, slip houses, dipping houses and ware cleaning rooms shall be hard, smooth ad impervious and shall be thoroughly cleaned daily by a moist method by an adult male.

(10) Protective equipment.

(1)     The occupier shall provide and maintain suitable overalls and head coverings for all persons employed in process included under clause 2.

(2)     The occupier shall provide and maintain suitable aprons of a water-proof or similar material, which can be sponged daily, for the use of the dippers, dippers assistants throwers, jolly workers, casters, mould makers and filter press and pug mill workers.

(3)     Aprons provided, in pursuance of clause 11(2) shall be thoroughly cleaned daily by the wearers by sponging or other wet process. All over-alls and head coverings shall be washed, cleaned and mended at least once a week, and this washing or mending shall be provided for by the occupier.

(4)     No persons shall be allowed to work in emptying sacks of dusty materials, weighing out and mixing of dusty materials and charging of ball mills and blungers without wearing a suitable and efficient dust respirator.

(11) Washing facilities.

(1)     The occupier shall provide and maintain in a cleanly state and in good repair for the use of all persons employed in any of the processes specified in clause 2, a wash place under cover with either—

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

(ii) at least one tap or stand pipe for every five such persons employed at any one time, and having a constant supply of clean water the tap or stand pipe being spaced not less than 4 feet apart; and

(b)      A sufficient supply of clean towels made of suitable material changed daily, with sufficient supply of nail brushes and soap.

(12) Time allowed for washing.

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 person employed in any of the processes mentioned in clause 2.

(13) Mess-rooms.

(1)     There shall be, provided and maintained for use of all persons remaining within the premises during the rest intervals, a suitable mess-room providing accommodation of 10 square feet per head and furnished with—

(i)       a sufficient number of tables and chairs or benches with back rest: 

(ii)      arrangements for washing utensils;

(iii)     adequate means for warming food; and 

(iv)    adequate quantity of drinking water.

(2)     The room shall be adequately ventilated by the circulation of fresh air and place under the charge of a responsible person and shall be kept clean.

(14) Food-drinks, etc., prohibited in work-rooms.

No food, drink, pan and supari, or tobacco shall be brought into, or consumed by any worker in, any work-room in which any of the processes mentioned in clause 2 are carried on and no person shall remain in any such room during intervals for meals or rest

(15) Cloak-room etc.

There shall be provided and maintained for the use of all persons employed in any of the processes mentioned in clause 2:

(a)      a cloak-room for clothing put off during working hours and such accommodation shall be separate from any mess-room; and

(b)      separate and suitable arrangements for the storage of protective equipment provided under clause 11.

(16) Medical Examination.

(1)     All persons employed in any process included under clause 2 shall be examined by the Certifying Surgeon within 7 days preceding or following the date of their first employment in such process; thereafter all persons employed in any process included under clause 2(1)(xiv) shall be examined by the Certifying Surgeon once in every three calendar months, and those employed in any process included in clause 2(ii) to (xiii) and (xv) and (xvi) once in every 12 months by the Certifying Surgeon. Records of such examinations shall be entered by the Certifying Surgeon in the Health Register and Certificate of fitness granted to him under Clause 10.

(2)     If at any time the Certifying Surgeon is of opinion that any person employed in any process included in clause 2 is no longer fit for employment on the ground that continuance therein would involve damage to his health, he shall cancel the certificate of fitness granted to that person.

(3)     No persons whose certificate of fitness has been cancelled shall be reemployed unless the Certifying Surgeon after examination, again certifies him to be fit for employment

(17) Certificate of fitness.

A person medically examined under clause 9 and found fit for employment shall be granted by the Certifying Surgeon a certificate of fitness in Form 5 and such certificate shall be in the custody of the manager of the factory. The Certificate shall be kept readily available for inspection by any inspector and the person granted such a certificate shall carry with him while at work, a token giving reference to such certificate.

(18) Exemption.

If in respect of any factory the Chief Inspector of Factories is satisfied that all or any of the provisions of this Schedule are not necessary for the protection of the persons employed in such factory, he may by a certificate in writing exempt such factory from all or any of such provisions, subject to such conditions as he may specify therein. Such certificate may at any time be revoked by the Chief Inspector without assigning any reasons.

[[63]]SCHEDULE XII

Chemical Works— 

(1)    Application.

This Schedule shall apply to all manufacturers and processes incidental thereto carried on in chemical works.

(2)    Definitions.

For the purpose of this schedule—

(a)      "chemical works" means any factory or such parts of any factory as are listed in Appendix "A" to this Schedule;

(b)      "efficient exhaust draught" means localised ventilation effected by mechanical or other means for the removal of gas, vapour, fume or dust to prevent it from escaping into the air of any place in which work is carried on;

(c)      "bleaching powder" means the bleaching powder commonly called chloride of lime;

(d)      "chlorate" means chlorate or perchlorate;

(e)      "caustic" means hydroxide of potassium or sodium;

(f)       "chrome process" means the manufacture of chromate or bichromate of potassium or sodium, or the manipulation, movement or other treatment of these substances;

(g)      "Nitro or amino process" means the manufacture of nitro or amino derivatives of phenol and benzene or its homologues, and the making of explosives with the use of any of these substances;

(h)      the term "permit to work" system means the compliances with the procedures laid down under para 20 of part II;

(i)       "toxic substances" means all these substances which when they enter into the human body, through inhalation or ingestion or absorption through skin, in sufficient quantities cause fatality or exert serious affliction of health, or chronic harmful effects on the health of persons exposed to it due to its inherent chemical or biological effects. In respect of substances whose TLV is specified in Rule 95A exceeding the concentration specified therein would make the substance toxic;

(j)       "emergency" means a situation or condition leading to a circumstance or set of circumstances in which there is danger to the life or health of persons or which could result in big fire or explosion or pollution to the work and outside environment, affected the workers or neighbourhood in a serious manner, demanding immediate action.

(k)      "dangerous chemical reactions" means high speed reactions, run-away reactions, delayed reactions, etc., and are characterized by evaluation of large quantities of heat, intense release of toxic or flammable gases or vapours, sudden pressure build up etc.;

(l)       "manipulation" means mixing, blending, filling employing, grinding sieving, drying, packing, sweeping handling, using etc;

(m)    "approved personal protection equipment" means items of personal protective equipment conforming to the relevant ISI specifications or in the absence of it, personal protective equipment approved by the Chief Inspector of Factories;

(n)      "appropriate personal protective equipment" means that when the protective equipment is used by the worker, he shall have no risk to his life or health or body; and

(o)      "confined space" means any space by reason of its construction as well as in relation to the nature of the work carried therein and where hazards to the persons entering into or working inside exit or are likely to develop during working.

PART II

General requirements

Applying to all the works in Appendix "A"

(1)    House-keeping.

(1)     Any spillage of materials shall be cleaned up before further processing.

(2)     Floors, platforms, stairways, passages and gangways shall be kept free of any obstructions.

(3)     There shall be provided easy means of access to all parts of the plant to facilitate cleaning.

(2)    Improper use of chemicals.

No chemicals or solvents or empty containers containing chemicals or solvents shall be permitted to be used by workers for any purposes other than in the processes for which they are supplied.

(3)    Prohibition of the use of food, etc.

No food, drink, tobacco, pan or any edible item shall be stored or heated or consumed on or near any part of the plant or equipment

(4)    Cautionary notices and instructions.

(1)     Cautionary notice in a language understood by the majority of workers shall be prominently displayed in all hazardous areas drawing the attention of all workers about the hazards to health, hazards involving fire and explosion and any other hazard such as consequences of testing of material or substances used in the process or using any contaminated container for drinking or eating, to which the workers' attention should be drawn for ensuring their safety and health.

(2)     In addition to the above cautionary notice, arrangement shall be made to instruct and educate all the workers including illiterate workers about the hazards in the process including the specific hazards to which they may be exposed to, in the normal course of their work. Such instructions and education should also deal with the hazards involved in unauthorized and un-safe practices including the properties of substances used in the process under normal conditions as well as abnormal conditions and the precautions to be observed against each and every hazard. Further an undertaking from the workers shall be obtained within 1 month of their employment and for old workers employed, within one month of coming into operation of the rules, to the effect that' they have read the contents of the cautionary notices and instructions understood them and should abide by them. The training and instructions to all workers and all supervisory personnel shall include the significance of different types of symbols and colours used on the labels struck or painted on the various types of containers and pipe litres.

(5)    Evaluation and provision of safeguards before the commencement of process.

(1)     Before commencing any process or any experimental work, or any new manufacture covered under Appendix "A", the occupier shall take all possible steps to ascertain definitely all the hazards involved both from the actual operations and the chemical reaction including the dangerous chemical reactions. The properties of the raw materials used, the final products to be made, and any by-products derived during manufacture, shall be carefully studied and provisions shall be made for dealing with any hazards including effects on workers, which may occur during manufacture.

(2)     Information in writing giving details of the process, its hazards and the steps taken or proposed to be taken form the design state to disposal stage for ensuring the safety as in sub-para (1) above should be sent to the Chief Inspector at the earliest but in no case less than 15 days before commencing manufacture, handling, or storage of any of item covered under Appendix "A", whether on experimental basis, or as pilot plant or as trial production, or as large scale manufacture.

(3)     The design, construction, installation, maintenance and disposal of the buildings, plants and facilities shall take in consideration effective safeguards against all the safety and health hazards so evaluated.

(4)     The requirement under the sub-paras (1) to (3) shall not act in lieu of or in derogation to, any other provisions contained in any Act governing the work.

(6)    Authorized entry.

Authorized persons only shall be permitted to enter any section of the factory or plant where any dangerous operations or processes are being carried on or where dangerous chemical reactions are taking place or where hazardous chemicals are stored.

(7)    Examination of instruments and safety devices.

(1)     All instruments and safety devices used in the process shall be tested before taking into use and after carrying out any repair to them and examined once in a month, by a competent person. Records of such tests and examinations shall be maintained in register.

(2)     All instruments and safety devices used in the process shall be operated daily or as often as it is necessary, to ensure its effective and efficient working at all times.

(8)    Electrical installations.

All electrical installations used in the process covered in Appendix "A" shall be of an appropriate type to ensure safety against the hazard prevalent in that area such as suitability against dust, dampness, corrosion, flammability and explosivity etc. and shall conform to the relevant ISI specifications governing their construction and use for that area.

(9)    Handling and storage of chemicals.

(1)     The containers for handling and storage of chemicals shall be of adequate strength taking into consideration the hazardous nature of the contents. They shall be provided with adequate labelling and colour coding arrangements to enable identification of the containers and their contents indicating the hazards and safe handling methods and shall conform to the respective ISI standards. The instructions given in the label shall be strictly adhered to. Damaged containers shall be handled only under supervision of a knowledgeable and responsible person and spillage shall be rendered innocuous in a safe manner using appropriate means.

(2)     The arrangements for the storage of chemicals including charging of chemicals in reaction vessels and containers shall be such as to prevent any risk of fire or explosion or formation of toxic concentration of substances above the limits specified in

(3)     Without prejudice to the generality of the requirements in sub-para (2) above, the arrangements shall have suitable ventilation facilities and shall enable the maintenance of safe levels in vessels and containers. Such arrangements shall also take into consideration, the type of flooring and the capacity of flooring and the compatibility requirements of substances with other chemicals stored nearby.

(4)     (a) Storage of chemicals and intermediate products, which are highly unstable or reactive or explosive shall be limited to the quantities required for two months use.

(b) Whenever the quantities laid down in the above clause (a) are to be exceeded, the permission of the Chief Inspector shall be obtained.

(c) Notwithstanding anything contained in clauses (a) and (b) above the Chief Inspector of factories may direct any factory carrying out processes covered in Appendix "A", to further limit the storage of hazardous substances to quantities less than two months on considerations of safety.

(5)     Standby arrangements equal to the biggest container shall always be available to transfer the toxic substances quickly into the standby storage facility if any defect develops in any of the container resulting in the release of toxic substances.

(6)     Any storage facility constructed using non-metallic material such as fibreglass, Reinforced Plastics (FRP), all glass vessels, etc., shall have adequate strength to withstand the stress, if any, exerted by the contents and shall be properly anchored. Working platforms, access ladders, pipe-lines etc., used in such storage facility shall not have any support on the structure of the storage facility and shall be independently supported.

(10) Facility for isolation.

The plant and requirement shall be so constructed and maintained as to enable quick isolation of plant or part of plant or equipment, with appropriate indication. One copy of the labour plan indicating the isolation facilities shall always be available with the security personnel, the maintenance and the health and safety personnel and these isolation facilities shall be checked for its effectiveness once in a month.

(11) Personal protective equipment.

(1)     All workers exposed to the hazards in the processes covered by the Schedule shall be provided with appropriate and approved type of personal protective equipment Such equipment shall be in a clean, sterile and hygienic condition before issue.

(2)     The occupier shall arrange to inform, educate and supervise all the workers in the use of personal protective equipment while carrying out the job.

(3)     As regards any doubt regarding the appropriateness of any personal protective equipment the decision of the Chief Inspector will be final.

(12) Alarm systems.

(1)     Suitable and effective alarm systems giving audible and visible indications, shall be installed at the control room as well as in all strategic locations where process control arrangements are available so as to enable corrective action to be taken before the operational parameter exceed the predetermined safe levels or lead to conditions conductive an outbreak of fine or explosion to occur. Such alarm systems shall be checked daily and tested every month atleast once to ensure its performance efficiently at all times.

(2)     The Chief Inspector of Factories may direct such systems to be installed in case of plants or processes where toxic materials are being used and spillage or leakage of which may cause wide spread poisoning in or around the plant

(13) Control of escape of substances into the work atmosphere.

(1)     Effective arrangements such as, enclosure, or bypass or efficient exhaust draught, maintenance of negative pressure etc., shall be provided in all plants, containers, vessels, sewers, drains, flues, ducts, culverts and buried pipes and equipments to control the escape and spread of substances which are likely to give rise to fire or explosion or toxic hazards during normal working and in the event of accident or emergency.

(2)     In the event of the failure of the arrangements for control resulting in the escape of substances in the work atmosphere immediate steps shall be taken to control the process in such manner, that further escape is brought down to the safe level.

(3)     The substance that would have escaped into the work atmosphere before taking immediate steps as required in sub-para (2), shall be rendered innocuous by diluting with air or water or any other suitable agent or by suitable treating of the substances.

(14) Control of dangerous chemical reactions.

Suitable provision, such as automatic and or remote control arrangements, shall be made for controlling the effects of "dangerous chemical reaction" in the event of failure of control arrangements automatic flooding or blanketing or other effective arrangements shall come into operation.

(15) Testing, examination and repair of plant & equipment.

(1)     All parts of plant, equipment and machinery used in the process which in the likely event of their failure may give rise to an emergent situation shall be tested by a competent person before commencing process and retested at an interval of two years of after carrying out repairs to it. The competent person shall identify the parts of the plant, equipment and machinery required to be tested as aforesaid and evolve a suitable testing procedure. In carrying out the test as mentioned above in respect of pressure vessels or reaction vessels the following precautions shall be observed, namely—

(a)      before the test is carried out, each vessel shall be thoroughly cleaned and examined externally, and as far as practicable, internally also for surface defects, corrosion and foreign matters. During the process of cleaning and removal of sludge, if any, all precautions shall be taken against fire or explosion, if such sludge is of pyrepheric nature or contains spontaneously combustible chemicals;

(b)      as soon as the test is completed, the vessel shall be thorough dried internally and shall be clearly stamped with the marks and figures indicating the person by whom testing has been done and the date of test; and

(c)      any vessel which fails to use the test or which for any other reason is found to be unsafe for use shall be destroyed or rendered unusable under intimation to the Chief Inspector.

(2)     All parts of plant, equipment, machinery which in the likely event of failure may give rise to an emergent situation shall be examined once in a month by the competent person.

(3)     Records of testing and examination referred to in paragraphs (1) and (2) shall be maintained as long as that part of the plant, equipment and machinery are in use.

(4)     All repair work including alteration, modification and addition to be carried out to the plant, equipment and machinery shall be done under the supervision of a responsible person who shall evolve a procedure to ensure safety and health of persons doing the work. When repairs or modification is done on pipelines, and joints are required to be welded, but welding of joints shall be preferred. Whenever necessary the responsible person shall regulate the aforesaid work through a "Permit to work system".

(16) Staging.

(1)     All staging that is erected for the purpose of maintenance work or repair work or for work connected with entry into confined spaces and used in the processes included in Appendix "A", shall be stable, rigid and constructed out of substantial material of adequate strength. Such staging shall conform to the respective Indian Standard specifications.

(2)     Staging shall not be erected over by closed or open vessel unless the vessel is so constructed and ventilated to prevent exposure of persons working on the stages.

(3)     All the staging constructed for the purpose of this para shall have appropriate access which are safe and shall be fitted with proper hand rails to a height of one metre and to board.

(17) Seating arrangements.

The seating arrangements provided for the operating personnel working in processes covered in Appendix "A" shall be located in a safe manner as to prevent the risk of exposure to toxic, flammable and explosive substances evolved in the work environment in the course of manufacture, or repair or maintenance, either due to failure of plant and equipment or due to the substances which are under pressure, escaping in the atmosphere.

(18) Entry into or work in confined spaces.

(1)     The occupier of every factory to which the provisions of this Schedule apply, shall ensure the observance of the following precautions before permitting any person to enter or work inside the confined spaces;

(a)      identify all confined spaces and the nature of hazards that are encountered in such spaces, normally or abnormally and arrange to develop the most appropriate safeguards for ensuring the safety and health of persons entering into or working inside, the confined spaces.

(b)      regulate the entry or work inside the confined spaces through a "permit to work system" which should include the safeguards so developed as required under sub-clause (a) above.

(c)      before testing the confined space for entry into or work, the place shall be rendered safe by washing or cleaning with neutralising agents; or purging with steam or inert gases and making adequate forced ventilation arrangements or such measure which will render the confined space safe.

(d)      shall arrange to carry out such tests as are necessary for the purposes by a competent person and ensure that the confined space is for the persons to enter or work. Such testing shall be carried out as often as is necessary during the course of work to ensure its continued safety;

(e)      shall arrange to educate and train the personnel who would be required to work in confined spaces about the hazating involved in the work. He shall also keep in readiness the appropriate and approved personal protective equipment including arrangements for rescue, resurrection and first-aid, and shall arrange supervision of the work at all times by a responsible and knowledgeable person.

(2)     The manager shall maintain a log book of all entries into or working, confined spaces and such record shall contain the details of persons assigned for the work, the location of the work and such other details that would have a bearing on the safety and health of the persons assigned for this work. The log book so maintained shall be retained as long as the concerned workers are in service and produced to the Inspector when demanded.

(19) Maintenance work, etc.

(1)     All the work connected with the maintenance of plants and equipment including cleaning of empty containers which have held hazards substances used in the processes covered in this Schedule, shall be carried out under "permit to work system" employing trained personnel and under supervision of responsible person, having knowledge of the hazards and precautions required to deal with them.

(2)     Maintenance work shall be carried out in such a manner that there is no risk to persons in the vicinity or to persons who pass by, if necessary, the place of such work shall be cordoned off or the presence of unconnected persons effectively controlled.

(20) Permit to work system.

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 is 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 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)       appropriate and approved personal protective 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 (the place of work) so as to prevent any danger while carrying out regular process.

(21) Safety sampling personnel.

The occupier shall ensure the safety of persons assigned for collecting samples by instructing them on the safe procedures. Such personnel shall be provided with proper and approved personal protective equipment, if required.

(22) Ventilation.

Adequate ventilation arrangements shall be provided and maintained at all times in the process area where dangerous or toxic or flammable or explosive substances could be evolved. These arrangements shall ensure that concentrations, which are either harmful or could result in explosion, are not permitted to be built up in the work environment.

(23) Procedures for meeting emergencies.

(1)     The occupier of every factory carrying out the works covered in Appendix "A" shall arrange to identify all types, of possible emergencies that could occur in the processes during the course of work or while carrying out maintenance work or repair work. The emergencies so identified shall be reviewed every year.

(2)     The occupier shall formulate a detailed plan to meet all such identified emergencies including arrangements for summoning outside help for rescue and fire-fighting and arrangements for making available urgent medical facilities.

(3)     The occupier shall send the list of emergencies and the details of procedures and plans formulated to meet the emergencies, to the Chief Inspector of Factories.

(4)     The occupier shall arrange to install distinctive and recognizable warning arrangements to caution all persons inside the plant as well as the neighbouring community, if necessary, to enable evacuation of persons and to enable the observance of emergency procedures by the persons who are assigned emergency duties. All concerned must be well informed about the warning arrangements and their meaning. The arrangements must be checked for its effectiveness every month.

(5)     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 Paragraphs 10, 11, 12, 13, 14, 18, 22 and this paragraph of Part II, Part III, Part IV and Part V of the Schedule.

(6)     The occupier shall arrange to suspend the further process work in a place where emergency is established and shall forthwith evacuate all persons in that area except workers who have been assigned emergency duties.

(7)     All the employees of the factory shall be trained about the action to be taken by them including evacuation procedures during emergencies.

(8)     All emergency procedures must be rendered every three months and deficiencies, if any, in the achievement of the objectives shall suitably be corrected.

(9)     The occupier shall arrange to have ten per cent of the workers trained in the use of First-Aid, Fire-Fighting appliances and in the rendering of specific First-Aid measures taking into consideration the special hazards of the particular process.

(10)   The occupier shall furnish immediately on request the specific chemical identity of the hazardous substances to the treating physician when the information is needed to administer proper emergency or first-aid treatment to exposed persons.

(24) Danger due to effluents.

(1)     Adequate precautions shall be taken to prevent the mixing of effluents from different processes and operations which may cause dangerous or poisonous gases to be evolved.

(2)     Effluents which contain or give rise in the presence of other effluents to poisonous gases shall be provided with independent drainage systems to ensure that they may be trapped and rendered safe.

PART III

Fire and Explosions Risks

(1)    Sources of ignition including lighting installation.

(1)     No internal combustion engine and no electric motor or other electrical equipment, and fittings and fixtures capable of generating sparks or otherwise causing combustion or any other source of ignition or any naked light shall be installed or permitted to be used in the process area where there could be fire and explosion hazards.

(2)     All hot exhaust pipes shall be installed outside a building and other hot pipes or hot surface or surfaces likely to become hot shall be suitably protected.

(3)     The classification of work area in terms of its hazards potential and the selection of electrical equipment or other equipment that could constitute a source of ignition shall be in accordance with the respective Indian Standard.

(4)     Where a flammable atmosphere may be prevalent or could occur, the soles of footwear worn by workers shall have no metal on them, and the wheels of trucks or conveyors shall be conductive type.

(5)     All tools and appliances used for work in this area shall be of non-sparking type.

(6)     Smoking in process area where there are risks of fire and explosion shall be prohibited, and warning notices in the language understood by majority of workers shall be posted in the factory prohibiting smoking into specified areas.

(2)    Static Electricity.

(1)     All machinery and plant particularly, pipe-lines and belt drives, on which static charge is likely to accumulate, shall be effectively earthed. Receptacles for flammable liquids shall have metallic connections to the earthed supply tanks to prevent static sparking. Where necessary, humidity shall be regulated.

(2)     Mobile tanker wagons shall be earthed during filling and discharge, and precautions shall be taken to ensure that earthing is effective before such filling or discharge takes place.

(3)    Lighting Protection.

Lighting protection arrangement shall be fitted where necessary, and shall be maintained.

(4)    Process heating.

The method of providing heat for a process likely to result in fire and explosion shall be as safe as possible and where the use of naked flame is necessary, the plant shall be so constructed as to prevent any escaping flammable gas, vapour or dust coming into contact with the flame or exhaust gases or other sources likely to cause ignition. Wherever possible, the heating arrangement shall be automatically controlled at a predetermined temperature below the danger temperature.

(5)    Leakage of flammable liquids.

(1)     Provision shall be made to confine by means of bund walls, dykes, sumps, etc. possible leakages from storage vessels containing flammable liquids.

(2)     Waste material in contact with flammable substances shall be disposed off suitably under the supervision of knowledgeable and responsible person.

(3)     Adequate and suitable fire-fighting appliances shall be installed in the vicinity of such vessels.

(6)    Safety valves.

Every still and every closed vessel in which gas is evolved or into which gas is passed, and in which the pressure is liable to rise above the atmospheric pressure, shall have attached to it a pressure gauge, and a proper safety valve or other equally efficient means to relieve the pressure. These appliances shall be maintained in good condition.

(7)    Installation of pipe-line etc.

All pipelines carrying flammable or explosive substances shall be protected from mechanical damage and shall be examined by a responsible person once in a week to detect any deterioration or defects, or accumulation of flammable or explosive substances, and record kept of any defects found and repairs made.

(8)    Fire-fighting systems.

(1)     Every factory employing 500 or more persons and carrying out processes listed in Appendix "A" shall provide—

(a)      Trained and responsible fire-fighting squad so as to effectively handle the fire-fighting and life saving equipment in the event of fire or other emergency. Number of persons in this squad will necessarily depend upon the size of risk involved, but in no case shall be less than 8 such trained persons to be available at any time. The squad shall consist of watch and ward personnel, fire pumpman and departmental supervisors and operators trained in the operation of fire & emergency services.

(b)      Squad leaders shall preferably be trained in a recognized government institution and their usefulness enhanced by providing residence on the premises.

(c)      Squad personnel shall be provided with clothing and equipment including helmets, boots and belts.

(2)     A muster-roll showing the duties allocated to each member of the squad shall be prepared and copies supplied to each leader as well as displayed in prominent places so as to be easily available for reference in case of emergency.

(3)     the pumpman shall be thoroughly conversant with the location of all appliances. He shall be responsible for maintaining all fire fighting equipment in proper working order. Any defect coming to his notice shall be immediately brought to the notice of squad leader.

(4)     As far as is practicable, the fire pump room and the main gate(s) of the factory be connected to all manufacturing or storing areas through telephone inter linked and placed in a convenient location near such areas.

PART IV

Risks of Toxic Substances

(1)    Leakage.

(1)     All plants shall be so designed and constructed as to prevent the escape of toxic substance. Where necessary, separate buildings, rooms or protective structure shall u, used for the dangerous stages of the process and the buildings shall be so designed as to localized any escape of toxic substances.

(2)     Catch pits, bund walls, dykes or other suitable safeguards shall be provided to restrict the serious effects of such leakages. Catch pits shall be placed below joints in pipelines where there is danger involved to maintenance and other workers from such leakage.

(2)    Drainage.

Adequate drainage shall be provided and shall lead to collection tanks specifically provided for this purpose wherein deleterious material shall be neutralised, treated or otherwise rendered safe before it is discharged into public drains or sewers.

(3)    Covering of vessels.

(1)     Every fixed vessel or structure containing any toxic substance and not so covered as to eliminate all reasonable risk of accidental contact of any portion of the body of a worker, shall be so constructed as to avoid physical contact

(2)     Such vessel shall, unless its edge is at least 90 centimeter above the adjoining ground or platform be securely fenced to a height of at least 90 centimeters above such adjoining ground or platform.

(3)     Where such vessels adjoin the space between them, clear of any surrounding brick or other work is either less than 45 centimeters in width or is 45 or more centimeters in width, but is not securely fenced on both sides to a height of at least 90 centimeters, secure barriers shall be so placed as to prevent passage between them:

Provided that sub-paragraph (2) of this paragraph shall not apply to—

(a)      staurators used in the manufacture of sulphate of ammonia; and

(b)      that part of the sides of brine evaporating pans which require raking, drawing or filling.

(4)    Continuous exhaust arrangement.

(1)     Any process evolving toxic vapour, gas, fume and substance shall have efficient continuous exhaust draught. Such arrangement shall be interlocked in the process control wherever possible.

(2)     In the event of failure of continuous exhaust arrangement means shall be provided to automatically stop the process.

(5)    Work-bench.

All the work benches used in processes involving the manipulation of toxic substance, shall be graded properly and shall be made of smooth impervious surface which shall be washed daily after the completion of work.

(6)    Waste disposal.

(1)     There shall be provided a suitable receptacle made of non-absorbable material with a tightly fitting cover for depositing waste material soiled with toxic substances and the contents of such receptacles shall be destroyed by burning or using other suitable methods under the supervision of a responsible person.

(2)     During the course of manufacture, whenever any batch or intermediate products having toxicity is rejected on consideration of quality, sufficient precautions shall be taken to render them innocuous or otherwise treat them or inactive them before disposal

(3)     The empty containers of toxic substance shall be cleaned thoroughly before disposal under the supervision of a responsible person;

PART V

Special Provisions

(1)    Special precautions for Nitro or Amino Processes.

(1)     Unless the crystallised nitro or amino substances or any of its liquor is broken or agitated in a completely enclosed process so as not to give rise of dust or fume, such process shall be carried on under an efficient exhaust draught or by adopting any other suitable means in such a manner as to prevent the escape of dust or fume in the working atmosphere.

(2)     No part of the plant or equipment or implements which was in contact with nitro of amino compounds shall be repaired, or handled unless they have been emptied and thoroughly cleaned and decontaminated.

(3)     Filling of containers with nitro or amino compounds shall be done only by using a suitable scoop to avoid physical contact and the drying of the containers in the stove shall be done in such a manner that the hot and contaminated air from the stove is not drawn into the work room.

(4)     Processes involving the steaming into or around any vessel containing nitro or amino compounds or its raw materials shall be carried out in such a manner that the steam or vapour is effectively prevented to be blown back into the working atmosphere.

(5)     Suitable antidotes such as methylene blue injections shall always be available at designated places of work for use during emergency involving the poisoning with nitro or amino compounds.

(2)    Special precautions for chrome processes.

(1)     Grinding and sieving of raw materials in chrome processes shall be carried on in such a manner and under such condition as to secure effective separation from any other processes and under an efficient exhaust draught

(2)     There shall be washing facilities located very near to places where wet chrome processes such as leaching, acidification, sulphate settling, evaporation, crystallisation, centrifugation or packing are carried out, to enable quick washing of affected parts of body with running water.

(3)     Weekly inspection of hand and feet of all persons employed in chrome process shall be done by a qualified nurse and record of such inspections shall be maintained in a form approved by the Chief Inspector of Factories.

(4)     There shall be always available at designated places of work suitable ointment such as glycerine, vaceline, etc., and water proof plasters in a separate box readily accessible to the workers so as to protect against performation of nasal septum.

(3)    Special precautions for processes carried out in all glass vessels.

(1)     Processes and chemical reactions such as manufacture of vinyl chloride, benzyl chloride etc., which are required to be carried out in all glass vessels shall have suitable means like substantial wiremesh covering to protect persons working nearby in the event of breakage of glass vessel.

(2)     Any spillage or emission of vapour from the all glass vessels due to breakage, shall be immediately inactivated or rendered innocuous by mailable means such as dilution with water or suitable solvents so as to avoid the risks of fire or explosion or health hazards.

(4)    Special precautions for processes involving chlorate manufacture.

(1)     Crystallisation, grinding or packing of chlorate shall not be done in a place used for any other purpose and such places shall have hard, smooth and impervious surface made of non-combustible material. The place shall be thoroughly cleaned daily.

(2)     The personal protective equipment like overall etc. provided for the chlorate workers shall not be taken from the place of work and they shall be thoroughly cleaned daily.

(3)     Adequate quantity of water shall be available near the place of chlorate process for use during fire emergency.

(4)     Wooden vessels shall not be used for the crystallisation of chlorate or to contain crystallised ground chlorate.

PART VI

Medical Requirements

(1)    Decontamination facilities.

In all places where toxic substances are used in processes listed in Appendix "A" the following provisions shall be made to meet an emergency.

(a)      fully equipped first-aid box.

(b)      readily accessible means of drenching with water persons, parts of body of persons, and clothing or persons who have been contaminated with such toxic and corrosive substances and such means shall be as shown in the Table below:

(c)      a sufficient number of eye-wash bottles filled with distilled water or suitable liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be visible at all times.

(2)    Occupational health centre.

In all the factories carrying out processes covered in Appendix "A" there shall be provided and maintained in good order an occupational health centre with facilities as per scale laid down hereunder—

(1)     For factories employing up to 50 workers—

(a)      the services of a qualified medical practitioner hereinafter known as Factory Medical Officer, available on 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 as stipulated in paragraph 4 of this part.

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

(c)      A fully equipped first-aid box.

(2)     For factories employing 51 to 200 workers—

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

(b)      A part-time Factory Medical Officer will be in over all charge of the Center who shall visit the factory minimum twice in a week and whose services shall be readily available during emergencies.

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

(d)      A fully equipped first-aid box.

(3)      For factories employing above 200 workers—

(a)      There shall be one full-time Factory Medical Officer for factories employing up to 500 workers and one more medical officer for every 1000 workers or part thereof.

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

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

(d)      The Occupational Health Center in this case shall be suitably equipped to manage medical emergencies.

(3)     Ambulance van.

(1)     In every factory carrying out processes covered in Appendix "A", there shall be provided and maintained in good condition, a suitably constructed and fully equipped ambulance van as per Appendix "C" 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 unless arrangements for procuring such facility at short notice during emergencies have been made with the nearby hospital or other places. 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 Center.

(2)     The relaxation to procure Ambulance van from nearby places provided for the sub-para (1) above will not be applicable to factories employing more than 500 workers;

(4)    Medical examination.

(1)     Workers employed in processes covered in Appendix "A" shall be medically examined by a Factory 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 6 months, to ascertain the health status of the workers; and

(c)      The details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the prescribed form.

(2)     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 Certifying Surgeon who shall in turn, examine the concerned worker and communicate his findings within 30 days. If the Certifying Surgeon is of the opinion that the person so examined is required to be suspended 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 person so suspended from the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.

Provided that the Certifying Surgeon on his own may examine any other worker whom he feels necessary to be examined for ascertaining the suitability of his employment in the process covered in Appendix "A" or for ascertaining the health status of any other worker and his opinion shall be final.

(3)     No person shall be newly appointed without the certificate of Fitness granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for being appointed to work in the process covered in Appendix "A" such person shall have a right of appeal to the Certifying Surgeon, whose opinion shall be final in this regard.

(4)     The worker suspended from the process owing to the circumstances covered in sub-para (2) shall be employed again in the same process only after obtaining the Fitness Certificate from the Certifying Surgeon and after making entries to that effect in the health register.

PART VII

Additional Welfare Amenities

(1)    Washing facilities.

(1)     There shall be provided and maintained in every factory for the use of all the workers taps for washing, at the rate of one tap for every 15 persons including liquid soap in a container with filting arrangements and nail brushes or other suitable means for effective cleaning. Such facilities shall be conveniently accessible and shall be kept in a clean and hygienic condition.

(2)     If washing facilities as required above are provided for women, such facilities shall be separate for them and adequate privacy at all times shall be ensured in such facilities.

(2)    Mess-room facilities.

(1)     The occupier of all the factories carrying out processes covered in Appendix "A" and employing SO workers or more, shall provide for all the workers working in a shift mess-room facilities which are well ventilated and provided with tables and sitting facilities alongwith the provision of cold and hygienic drinking water facilities.

(2)     Such facilities shall include suitable arrangements for cleaning and washing and shall be maintained in a clean and hygienic condition.

(3)    Cloak-room facilities.

(1)     The occupier of every factory carrying out any process covered in Appendix "A" shall provide for all the workers employed in the process cloak-room facilities with lockers. Each worker shall be provided with two lockers, one for work clothing and another separately for personal clothing and the lockers should be such as to enable the keeping of the clothing in a hanging position.

(2)     The cloak-room facilities so provided in pursuance of sub-para (1) shall be located as far as possible near to the facilities provided for washing in pursuance of para 1 (1), If it is not possible to locate the washing facilities the cloak-room facilities shall have adequate and suitable arrangements for cleaning and washing.

(4)    Special bathing facilities.

(1)     The occupier of any factory carrying out the process covered under Appendix "B" shall provide special bathing facilities for all the workers employed and such facilities shall be provided at the rate of 1 for 25 workers and part thereof and shall be maintained in a clean and hygienic condition.

(2)     The occupier shall insist all the workers employed in the processes covered in Appendix "B" to take bath after the completion of the day's or shift work using the bathing facilities so provided and shall also effectively prevent such of those workers taking bath in any place other than the bathing facilities.

(3)     Notwithstanding anything contained in sub-para (1) above, the Chief Inspector may require in writing the occupier of any factory carrying out any other process for which in his opinion bathing facilities are essential from the health point in view, to provide special bathing facilities.

PART VIII

(1)    Duties of workers.

(1)     Every worker employed in the processes covered in Appendix "A" and Appendix "B" shall not make any safety device or appliance or any guarding or fencing arrangement, inoperative or defective and shall report the defective condition of the aforesaid arrangements as soon as he is aware of any such defect

(2)     Before commencing any work, all workers employed in processes covered in Appendix "A" shall check their work place as well as the machinery equipment or appliance used in the processes and report any mal-function or defect immediately to the supervisor or any responsible person of the management.

(3)     All workers shall be co-operate in all respects with the management while carrying out any work or any emergency duty assigned to them in pursuance of this Schedule and shall always use all the personal protective equipments issued to them, in a careful manner.

(4)     All workers employed in the processes covered in Appendix "A" or Appendix "B" shall not smoke in the process area or storage area. If special facilities are provided by the management only such facilities should be used.

(5)     All workers employed in the processes covered in Appendix "A" shall not remain in unauthorized place or carry out unauthorized work or improvise any arrangements or adopt short cut method or misuse any of the facilities provided in pursuance of the Schedule in such a manner as to cause risk to themselves as well as or to others employed.

(6)     The workers shall not refuse undergoing medical examination as required under these rules.

PART IX

Restrictions on the employment of young persons under 18 years of age and women

(1)     The Chief Inspector of Factories may, by an order in writing, restrict or prohibit the employment of women and young persons under the age of 18, in any of the processes covered in Appendix "A" of this schedule on considerations of health and safety of women and young persons.

(2)     Such persons who are restricted or prohibited from working in the process due to the order issued in pursuance of sub-para (1) above shall be provided with alternate work which is not detrimental to their health or safety.

PART X

Exemptions

(1)    Power of exemption.

The State Government or subject to the control of the State Government, the Chief Inspector may exempt from the compliance with any of the requirements of this Schedule partly or fully, any factory carrying out processes covered in Appendix "A" if it is clearly and satisfactorily established by the occupier that the compliance with any of the requirements is not necessary to ensure the safety and health of persons employed suitable and defective alternate arrangements are available to any of the requirements covered in this schedule.

Appendix "A"

Any works or that part of works in which—

(a)      the manufacture, manipulation or recovery of any of the following is carried on:—

(i)       sodium, potassium, iron, aluminium, cobalt, nicket, copper, arsenic, antimony, chromium, zinc, selenium, magnesium, cadmium, mercury, berryllium and their organic and inorganic salts, alloys oxides and hydroxides;

(ii)      ammonia, ammonium hydroxide and salts of ammonium;

(iii)     the organic and inorganic compounds of sulphurous, sulphuric, nitric, nitrous, hydrochloric, hydrofluoric, hydroiodic, hydrosulphuric, hydrobromic, boric;

(iv)    cyanogen compounds, cyanide compounds, cyanate compounds;

(v)      phosphorus and its compounds other than organo phosphorus insecticides;

(vi)    chlorine.

(b)      hydrogen sulphide is evolved by the decomposition of metallic sulphides, or hydrogen sulphide is used in the production of such sulphides;

(c)      bleaching powder is manufactured or chlorine gas is produced in chlor-alkali plants;

(d)      (i) gas tar or coal tar or bitumen or shalo oil asphalt or any residue of such tar is distilled or is used in any process of chemicals manufacture;

(ii) tar based synthetic colouring matters or their intermediates are produced;

(e)      nitric acid is used in the manufacture of nitro compounds;

(f)       explosives are produced with the use of nitro compounds;

(g)      aliphatic or aromatic compounds or their metallic and non-metallic derivatives or substituted derivatives, such as chloroform, ethylene glycol, formaldehyde, benzyl chloride, phenol, methyle ethyle keytone peroxide, cobalt carbonyl, tungsten carbide etc are manufactured or recovered.

Appendix "B"

Concerning Special Bathing Accommodation in pursuance of para 4 of Part IV

(1)     Nitro or amino processes.

(2)     All chrome processes.

(3)     Processes of distilling gas or coal tar or processes of chemical manufacture in which tar is used.

(4)     Processes involving manufacture, manipulation, handling or recovery of cyanogen compound, cynide compound, cyanate compounds.

(5)     Processes involving manufacture of bleaching powder or production of chlorine gas in chlor-alkali plants.

(6)     Manufacture, manipulation or recovery of nickel and its compounds.

(7)     All processes involving the manufacture, manipulation or recovery of aliphatic or aromatic compounds or their derivatives or substituted derivatives.

Appendix "C"

Ambularce

Ambulance should have the following equipments:—

General:—

— An wheeled stretcher with folding and adjusting devices; Head of the stretcher must be capable of being lifted upward.

— Fixed suction unit with equipments;

— Fixed oxygen supply with equipments;

— Pillow with case;

— Sheets;

— Blankets;

— Towels;

— Emesis bag;

— Bed pan;

— Urinal;

— Glass.

Safety equipment:—

— Flares with life of 30 minutes;

— Floodlights;

— Flashlights;

— Fire extinguisher dry power type;

— Insulated gaunlets.

Emergency care equipments:—

Resuscitation:—

— Portable suction unit;

— Portable oxygen unit;

— Bag-valve-mask hand operated article ventilation unit;

— Airways;

— Mouth gages;

— Tracheostomy adaptors;

— Short spine board;

— I. V. Fluids with administration unit;

— BP. manometer;

— Gagg;

— Stethoscope.

Immobilization:—

— Long & short padded boards;

— Wire ladder splints;

— Triangular bandage;

— Long & short spine boards.

Dressings:—

— Gauze pads 4" X 4";

— Universal dressing 10" X 36";

— Roll of aluminium foils;

— Soft roller bandages 6" X 5" yards;

— Adhesive tape in 3" roll;

— Safety pins;

— Bandage sheets;

— Burn sheet;

Poisoning:—

—Syrup of ipecea;

—Activated Charcoal:—Pre packed in doses;

—Snake bite kit;

—Drinking water,

Emergency Medicines:—

—As per requirement (under the advice of Medical Officer only).

[64]SCHEDULE XIII

Manufacture of articles from refractory materials

(1)    Application and exemption.

This schedule shall apply to the following processes—

(a)      Handling, moving, breaking, crushing, grinding or sieving of any refractory materials, containing not less than 25 per cent total silica for purpose of manufacture—

(i)       of articles used in the construction of furnaces and flues;

(ii)      of crucibles; and

(iii)     of compositions of other materials used in the preparation of moulds in which metals are cast; or

(b)      any process in the manufacture of refractory brick as hereinafter defined. Provided that nothing in this schedule shall apply—

(i)       to handling, moving, mixing or sieving of natural sand; or 

(ii)      to the manipulation of rotten rock in the preparation of moulds, used in metal foundries.

Provided further that if the Chief Inspector of Factories is satisfied in respect of any factory or part thereof that owing to the special conditions of work or otherwise, that any of the requirements of this schedule can be suspended or relaxed without any danger to the health of the persons employed therein, he may by an order in writing grant such suspension or relaxation for such period and on such condition as he may think fit. Any such order may be revoked at any time.

(2)    Definition.

For the purpose of this schedule—

(a)      "refractory material" means any refractory material containing not less man 25 per cent total silica;

(b)      "refractory brick" means any brick or article composed of refractory material and containing not less than 25 per cent total silica; and

(c)      "efficient exhaust draught" means localized ventilation by mechanical means for the removal of dust, so as to prevent dust from escaping into the air or any place in which work is carried on. No draught shall be deemed to be efficient which fails to remove the dust produced at the point where such dust originates.

(3)    Refractory material not to be broken.

No refractory material shall be broken in places by manual labour unless the process is carried out in the open air

Provided that where it is not practicable to carry out this process in open air, the process shall be carried out under an efficient exhaust draught.

(4)    Crushing or grinding of refractory material.

No refractory material, unless it is so wet that dust will not be produced, shall be crushed or ground in a stone crushing or a grinding machine unless such machine is provided with—

(a)      an efficient exhaust draught and efficient dust collecting appliances; or

(b)      an efficient water or steam spray;

Provided that every grinding machine wherein any refractory material is ground in dry state, shall be, totally enclosed and connected to a mechanical exhaust system so as to prevent effectively any escape of dust outside the casing of the machine by maintaining a pressure below the atmospheric pressure within the casing of the machine.

Provided further that all processes of crushing and grinding shall be effectively isolated from other processes.

(5)    Refractory material handling equipment to be enclosed.

All chutes, conveyors, elevators, screens, sieves and mixers used for manipulating refractory material shall, unless the material is so wet that the dust will not be produced, be enclosed and be provided with an efficient exhaust draught

(6)    Precautions in handling refractory material.

No refractory material so dry as to produce dust shall—

(a)      be loaded into any wagon or other receptacle for transport unless it has been placed in a suitable dust proof container or damped as to preclude dust;

(b)      be unloaded from any wagon on other receptacle for transport unless it has been so damped as to preclude dust or unless the work is done under an efficient exhaust draught; or

(c)      be shovelled or raked or otherwise manipulated by means of hand tools in any manufacturing process unless it has been so damped as to preclude dust or unless the work is done under an efficient exhaust draught:

Provided that sub-paragraph (b) of this paragraph shall not apply to refractory material in the form of rock or pebbles before it is manipulated in any manufacturing process.

(7)    Maintenance of floors.

(1)     The floors of all places where refractory bricks are dried, other than the floors of tunnel ovens or chamber dries not normally entered by persons employed shall, after each lot of refractory bricks has been removed, be carefully cleaned of all debris and the part being cleaned shall be kept damp while the cleaning is being done.

(2)     There shall be provided in every such place a constant supply of water laid on under adequate pressure with sufficient connections and a flexible branch pipe and sprinkler to enable water to be supplied direct to every part of the floor.

(8)    Prohibition of use of drying stove.

No drying stove in which refractory bricks are baked by fires before being placed in the kilns shall be used.

(9)    Cleaning of floors and suppression of refractory dust

The surface of every floor or place where persons are liable to pass shall be cleaned of debris of refractory material once at least during each daily period of employment or where shifts are worked, once during each shift. Such debris unless it is immediately required for use in the processes, shall be effectively damped and either be placed in covered receptacles, or be otherwise stored in such a manner as to prevent the escape of dust into the air in or near to any place where any person is employed.

(10) Suppression of refractory dust while drying.

Where plates are used, whether portable or forming part of the floor, on which refractory bricks are dried, such plates shall be freed from adherent material only by a wet method or by such other method as will prevent the escape of dust into the air.

(11) Prohibition of use of refractory dust for moulding.

The dust or powder of refractory materials shall not be used for sprinkling the moulds in refractory brick-making.

Provided that nothing in this paragraph shall be deemed to prevent the use of natural sand for the purpose of sprinkling the moulds.

(12) Workers not to work in refractory dust atmosphere.

No worker shall be allowed to work on any dust process or at any place where dust of any refractory material is present in the atmosphere:

Provided that in an emergency a worker may be allowed to work at such process or place if he wears a suitable and efficient dust mask or breathing apparatus.

(13) Medical examination.

(1)     Every worker employed on any of the processes specified in sub-paragraphs (a) and (b) of paragraph 1 shall be medically examined in such manner and at such intervals as may be specified by any rules made under the Workmen's Compensation Act, 1923 or if no such rules have been framed under the said Act, every such worker shall be medically examined by the Certifying Surgeon before employment on any of the aforesaid processes and at an interval not exceeding six months thereafter.

(2)     Subject to sub-paragraph (3), an X-ray examination of the chest of every worker referred to in sub-paragraph (1) shall be carried out—

(a)      if he is already in employment on the date of coming into force of the subparagraph, within six months of such date and at an interval of every three years thereafter;

(b)      if he is employed after such date within one month of the date of his employment and at an interval of every three years thereafter, the result of every such X-ray examination shall be produced before the Certifying Surgeon within a month of the examination.

(3)     If the Certifying Surgeon, during the course of medical examination of any worker under sub-paragraph (1) has reason to suspect onset of any chest disease, he may direct the manager or the occupier to get an X-ray examination of the worker done and to produce the X-ray plate before him within a specified time and on receipt of such direction the manager or the occupier, as the case may be, Shall carry out the direction.

(4)     The Certifying Surgeon shall grant to each worker examined a certificate specifying therein whether or not the worker was considered fit to be employed on any of the aforesaid processes.

(5)     The manager shall maintain a register in which the findings and recommendations of the Certifying Surgeon in respect of every medical examination shall be maintained duly signed by the Certifying Surgeon.

(6)     A worker not declared fit shall not be employed on any of the aforesaid processes and he shall be employed on only such other process or he shall be subjected to such other examination or treatment as may be directed by the Certifying Surgeon.

(7)     No fees shall be charged from any worker for the medical examination and it shall be the responsibility of the occupier and the manager to comply with the provisions of this schedule.

(14) Time limit for compliance in respect of existing plants.

In case any existing plant or machinery needs alteration, modification or replacement or in case any new plant is required to be installed, to comply with the requirements of this schedule, such alteration, modification, replacement or installation of the plant or machinery shall be carried on within a period not exceeding one year from the date of publication of this schedule.

Provided that the Chief Inspector of Factories in consideration of special and exceptional circumstances by an order in writing may extend this period for such reasonable length of time as he may think fit

[65]SCHEDULE XIV

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

(1)    Application.

This schedule shall apply to all factories or parts of factories in which any of the following process is carried on:—

(a)      breaking, crushing, disintegrating, opening, grinding, mixing or sieving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto;

(b)      all processes in the manufacture of asbestos textiles including preparatory and finishing processes;

(c)      making of insulation slabs or sections, composed wholly or partly of asbestos, and processes incidental thereto;

(d)      making or repairing of insulating mattreses, composed wholly or partly of asbestos, and processes incidental thereto;

(e)      manufacture of asbestos cardboard and paper;

(f)       manufacture of asbestos cement goods;

(g)      application of asbestos by spray method;

(h)      sawing, grinding, turning, abrading and polishing in dry state of articles composed wholly or partly of asbestos;

(i)       cleaning of any room, vessel, chamber, fixture or appliance for the the collection of asbestos dust; and

(j)       any other processes in which asbestos dust is given off into the work environment.

(2)    Definition.

For the purpose of this schedule—

(a)      "asbestos" means any fibrous silicate mineral and any admixture containing actionlite, amosite, anthophyllite, dhrysotile, crocidolite, tremolite or any mixture thereof, whether crude, crushed or opened;

(b)      "asbestos textiles" means yarn or cloth composed of asbestos or asbestos mixed with any other material;

(c)      "approved" means approved for the time being in writing by the Chief Inspector.

(d)      "breathing apparatus" means a helmet or face piece with necessary connection by means of which a person using it breathes air free from dust, or any other approved apparatus;

(e)      "efficient exhaust draught" means localized ventilation by mechanical means for the removal of dust so as to prevent dust from escaping into air of any place in which work is carried on. No draught shall be deemed to be efficient which fails to control dust produced at the point where such dust originates;

(f)       "preparing" means crushing, disintegrating, and any other processes in or incidental to the opening of asbestos;

(g)      "protective clothing" means overalls and head covering which (in either case) will when worn exclude asbestos dust;

(3)    Tools and Equipment

Any tools or equipment used in processes to which this schedule applied shall be such that they do not create asbestos dust above the permissible limit or are equipped with efficient exhaust draught

(4)    Exhaust draught

(1)     An efficient exhaust draught shall be provided and maintained to control dust from the following processes and machines—

(a)      manufacture and conveying machinery namely— (i) preparing, grinding or dry mixing machines;

(i)       carding, card waste and ring spinning machines and looms;

(ii)      machines or other plant fed with asbestos; and

(iii)     machines used for the sawing, grinding, turning, drilling, abrading or polishing; in the dry state of articles composed wholly or partly of asbestos;

(b)      cleaning and grinding of the cylinders or other parts of a carding machine;

(c)      chambers, hoopers or other structures into which loose asbestos is delivered or passes;

(d)      work-benches for asbestos waste sorting or for other manipulation of asbestos by hand;

(e)      work-places at which the filling or emptying of sacks, skips or other potable containers, weighing or other process incidental thereto which is effected by hand, is carried on;

(f)       sack cleaning machines;

(g)      mixing and blending of asbestos by hand; and

(h)      any other process in which dust is given off into the work environment;

(2)     Exhaust ventilation equipment provided in accordance with sub-paragraph (1) shall, while any work of maintenance or repair to the machinery, apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry of asbestos into the air of any work-place.

(3)     Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus being drawn into the air of any workroom.

(4)     The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles or filter bags which shall be isolated from all work areas.

(5)    Testing and examination of ventilating systems.

(1)     All ventilating systems used for the purpose of extracting of suppressing dust as required by this schedule shall be examined and inspected once every week by a reasonable person. It shall be thoroughly examined and tested by a competent person once in every period of 12 months. Any defects found by such examination or test shall be rectified forthwith.

(2)     A register containing particulars of such examination and tests and the state of the plant and the repair or alterations (if any) found to be necessary shall be kept and shall be available for inspection by an Inspector.

(6)    Segregation in case of certain process.

Mixing or blending by the hand of asbestos, or making or repairing of insulating mattresses composed wholly or partly of asbestos shall not be carried on in any room in which any other work is done.

(7)    Storage and distribution of loose asbestos.

(1)     All loose asbestos shall while not in use, be kept in suitable closed receptacles which prevent the escape of asbestos dust therefrom such asbestos shall not be distributed within a factory except in such receptacles or in a totally enclosed system of convenience.

(8)    Asbestos sacks.

(1)     All sacks used as receptacles for the purpose of transport of asbestos within the factory shall be constructed of impermeable material and shall be kept in good repair.

(2)     A sack which has contained asbestos shall not be cleaned by hand beating but by a machine, complying with paragraph 3.

(9)    Maintenance of floors and workplaces.

(1)     In every room in which any of the requirements of this schedule apply—

(a)      the floors, work-benches, machinery and plant shall be kept in a clean state and free from asbestos debris and suitable arrangements shall be made for the storage of asbestos not immediately required for use; and

(b)      the floors shall be kept free from any material, plant or other articles not immediately required for the work carried on in the room, which would obstruct the proper cleaning of the floor.

(2)     The cleaning as mentioned in sub-rule (1) shall, so far as is practicable, be carried out by means of vacuum cleaning equipment so signed and constructed and so used that asbestos dust neither escapes nor is discharged into the air of any workplace.

(3)     When the cleaning is done by any method other than that mentioned in subparagraph (2), the person doing cleaning work and any other person employed in that room shall be provided with respiratory protective equipment and protective clothing.

(4)     The vacuum cleaning equipment used in accordance with provisions of subparagraph (2), shall be properly maintained and after each cleaning operation, its surface kept in a clean state and free from asbestos waste and dust.

(5)     Asbestos waste shall not be permitted to remain on the floors or other surfaces at the workplace at the end of the working shift and shall be transferred without delay to suitable receptacles. Any spillage of asbestos waste occurring during the course of the work at any time shall be removed and transferred to the receptacles maintained for the purpose without delay.

(10) Breathing Apparatus and Protecting Clothing.

(1)     An approved breathing apparatus and protective clothing shall be provided and maintained in good conditions for use of every person employed:

(a)      in chambers containing loose asbestos;

(b)      in cleaning dust settling or filtering chambers of apparatus.

(c)      in cleaning the cylinders, including the doffer cylinders, or other parts of a carding machine by means of hand-strickless; and

(d)      in filling, beating or levelling in the manufacture or repair of insulating mattresses; and

(e)      in any other operation or circumstances in which it is impracticable to adopt technical means to control asbestos dust in the work environment within, the permissible limit

(2)     Suitable accommodation in conveniently accessible position shall be provided for the use of persons when putting on or taking off breathing apparatus and protective clothing provided in accordance with this rule and for the storage, of such apparatus and clothing when not in use.

(3)     All breathing apparatus and protective clothing when not in use shall be stored in the accommodation provided in accordance with sub-rule (2) above.

(4)     All protective clothing in use shall be dedusted under an efficient exhaust draught or by vacuum cleaning and shall be washed at suitable intervals. The cleaning schedule and procedure should be such as to ensure the efficiency in protecting the wearer.

(5)     All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person.

(6)     A record of cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in register provided for that purpose which shall be readily available for inspection by an Inspector.

(7)     No person shall be employed to perform any work specified in sub-paragraph (1) for which breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully instructed in the proper use of that equipment.

(8)     No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a person shall be worn by another person unless, it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment.

(11) Separate accommodation for personal clothing.

A separate accommodation shall be provided in a conveniently accessible position for all persons employed in operations to which this schedule applied for storing of personal clothing. This should be separated from the accommodation provided under sub-paragraph (2) to prevent contamination of personal clothing.

(12) Washing and bathing facilities.

(1)     There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the processes covered by the schedule, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 15 persons employed.

(2)     The washing places shall have standpipe placed at intervals of not less than one metre.

(3)     Not less than one half of the total number of washing places shall be provided with bathroom.

(4)     Sufficient supply of clean towels made of suitable material shall be provided: Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.

(5)     Sufficient supply of soap and nail brushes shall be provided.

(13) Messroom.

(1)     There shall be provided and maintained for the use of all workers employed in the factory covered by this schedule, remaining on the premises during the rest intervals, a suitable messroom which shall be furnished with—

(a)      sufficient tables and benches with back rest, and

(b)      adequate means for warming food.

(2)     The messroom shall be placed under the charge of a responsible person and shall be kept clean.

(14) Prohibition of employment of young persons.

No young person shall be employed in any of the process covered by this schedule.

(15) Prohibition relating to smoking.

No person shall smoke in any area where processes covered by this schedule are carried on. A notice in the language understood by majority of the workers shall be pasted in the plant prohibiting smoking at such areas.

(16) Cautionary Notice.

(1)     Cautionary notice shall be displayed at the approach and along the perimeter of every asbestos processing area to warn all persons regarding—

(a)      hazards to health from asbestos dust

(b)      need to use appropriate protective equipment

(c)      prohibition of entry to unauthorized persons or authorized persons but without protective equipment

(2)     Such notice shall be in the language understood by the majority of the workers.

(17) Air Monitoring,

To ensure the effectiveness of the control measures, monitoring of asbestos fibre entered in a register specially maintained and the record of the results so obtained, shall be in the air shall be carried on once atleast in every shift purpose.

(18) Medical facilities and records of medical examination and tests.

(1)     The occupier of every factory or part of the factory to which the Schedule applies, shall—

(a)      employ a qualified medical practitioner for medical surveillance of the workers covered by this schedule whose employment shall be subject to the approval of the Chief Inspector of Factories;

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

(2)     The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspectors.

(19) Medical examination by Certifying Surgeon.

(1)     Every worker employed in the processes specified in paragraph 1 shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include pulmonary function tests, test for detecting asbestos fibres in sputum and chest X-ray. 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 Certifying Surgeon.

(2)     Every worker employed in the process referred to in sub-paragraph (1) shall be re-examined by a Certifying Surgeon atleast once in every twelve calendar months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests specified in sub-paragraph (1) except chest X-ray which will be tarried out once in 3 years.

(3)     The Certifying Surgeon after examination a worker, shall issue a Certificate of Fitness in Form S. 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 sub-paragraphs (1) and (2) including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 17.

(4)     The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.

(5)     If at any time the Certifying Surgeon is of 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 to work in the said processes.

(6)     No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.

(20) Exemptions.

If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional Circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this Schedule is net necessary For protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion remove at any time, exempt such factory from all Of any of such" provisions subject to such conditions, if any, as he may specify therein.

SCHEDULE XV

Handling or manipulation of corrosive substances

(1)    Definitions.

For the purpose of this Schedule—

(a)      "corrosive operation" means aft operation of manufacturing, storing, handling, processing, packing or using any corrosive substance in a factory; and

(b)      "corrosive substance" includes sulphuric acid, nitric acid, hydrochloric acid, hydroflouric acid, carbolic acid, phosphoric acid, liquid chlorine, liquid bromine, ammonia, sodium hydroxide and potassium hydroxide and a mixture thereof, and any other substance which the State Government by notification in the Official Gazette specify td be a corrosive substance.

(2)    Flooring.

The floor of every work-room of a factory in which corrosive operation is carried on shall be made of impervious, corrosion and fire resistant material and shall be so constructed as to prevent collection of any corrosive Substance. The surface of such flooring shall be smooth and cleaned as often as necessary and maintained in a sound condition.

(3)    Protective equipment.

(1)     The occupier shall provide for the use of all persons employed in any corrosive operation suitable protective wear for hands and feet, suitable aprons, face shields, chemical safety goggels and respirators. The equipments shall be maintained in good order and shall be kept in clean and hygienic condition by suitably treating to get rid of the ill effects any absorbed chemicals and by disinfecting. The occupier shall also provide suitable protective creams and other preparations wherever necessary.

(2)     The protective equipment and preparations provided shall be used by the persons employed in any corrosive operation.

(4)    Water facilities.

Where any corrosive operation is carried on, there shall be provided as close to the place of such operation as possible, a source of clean water at a height of 210 centimeters from a pipe of 1.25 centimeters/diameter and fitted with a quick acting valve so that in case of injury to the worker by any corrosive substance, the injured part can be thoroughly flooded with water. Whenever necessary, in order to ensure continuous water supply, a storage tank having a minimum length, breadth and height of 210 centimeters, 120 centimeters and 60 centimeters respectively or such dimensions as are approved by the Chief Inspector shall be provided as the source of clean water.

(5)    Cautionary notice.

A cautionary notice in the following form and printed in the language which majority of the workers employed understand, shall be displayed prominently close to the place where the corrosive operation is carried out and where it can be easily and conveniently read by the workers. If any worker is illiterate, effective steps shall be taken to explain carefully to him the contents of the notice so displayed.

Cautionary

Notice DANGER

Corrosive substances cause severe burns and vapours thereof may be extremely hazardous. In case of contact, immediately flood the part affected with plenty of water for at least 15 minutes. Get medical attention quickly.

(6)    Transport.

(1)     Corrosive substances shall not be filled, moved or carried except in containers and when they are to be transported, they shall be placed in crates of sound construction and of sufficient strength.

(2)     A container with a capacity of 11.5 litres or more of a corrosive substance shall be placed in a receptacle or crate and then carried by more than one person at a height below the waist line unless a suitable number of wheeled truck is used for the purpose.

(3)     Containers for corrosive substances shall be plainly labelled.

(7)    Devices for handling corrosive.

(1)     Suitable tilting or lifting device shall be used for emptying jars, carboys and other containers of corrosives.

(2)     Corrosive substances shall not be handled by bare hands but by means of a suitable scoop or other device.

(8)    Opening of valves.

Valves fitted to containers holding a corrosive substance shall be opened with great care. If they do not work freely, they shall not be forced open. They shall be opened by a worker suitably trained for the purpose.

(9)    Cleaning tanks, stills etc.

(1)     In cleaning out or removing residues from, stills or other large chambers used for holding any corrosive substance, suitable implements made of wood or other material shall be used to prevent production of areninuretted hydrogen (arsine).

(2)     Whenever it is necessary for the purpose of cleaning or other maintenance work for any worker to enter chamber, tank, vat, pit or other confined spaced where a corrosive substance bad been stored, all possible precautions required under section 36 of the Act shall be taken to ensure the worker's safety.

(3)     Wherever possible, before repairs are undertaken to any part of equipment in which a corrosive substance was handled, such equipment or part thereof shall be freed of any adhering corrosive substance by adopting suitable methods.

(10) Storage.

(1)     Corrosive substances shall not be stored in the same room with other chemicals, such as turpentine, carbides, metallic powders and combustible materials, the accidental mixing with may cause a reaction which is either violent or gives rise to toxic fumes and gases.

(2)     Pumping or filing overhead tanks, receptacles, vats or other containers for storing corrosive substances shall be thoroughly examined every year for finding out any defects, and defects so found out shall be removed forthwith. A register shall be maintained of every such examination made and shall be produced before the Inspector whenever required.

(11) Fire extinguishers and fire-fighting equipment.

An adequate number of suitable type of fire extinguishers or other fire-fighting equipment, depending on the nature of chemicals stored, shall be provided. Such extinguishers or other equipments shall be regularly tested and refilled. Clear instructions as to how the extinguishers or other equipments should be used, printed in the language which majority of the workers employed understand, shall be affixed near each extinguishers or other equipment.

(12) Exemption.

If in respect of any factory on an application made by the manager, the Chief Inspector is satisfied that owing 10 the exceptional circumstances, or the infrequency of the process or for any other reason to be recorded by him in writing, all or any of the provisions of this schedule are not necessary for the protection of the persons employed therein, he may by a certificate in writing, which he may at any time revoke, exempt the factory from such of the provisions and subject to such conditions as he may specify therein.

SCHEDULE XVI

Compression of oxygen and hydrogen produced by electrolysis of water

(1)    Location of electrolyser plant.

The room in which electrolyser plant is installed shall be separate from the plant for storing and compressing the oxygen and hydrogen and also the electric generator room.

(2)    Testing of purity.

(1)     The purity of oxygen and hydrogen shall be tested by a competent person at least once in every shift at the following posts:

(a)      in the electrolysis room;

(b)      at the gasholder inlet; and

(c)      at the suction end of the compressor.

(2)     The purity figures shall be entered in a register and signed by the persons carrying out such tests:

Provided , however, that if the electrolyser plant is fitted with automatic recorder of purity or oxygen and hydrogen with alarm lights, it shall be sufficient if the purity of gases is tested at the suction end of the compressor only.

(3)    Restriction as to the compression.

The oxygen and hydrogen gases shall not be compressed if their purity as determined under paragraph 2 above falls below 98% at any time.

(4)    Limits switch for gasholders.

The bell of any gasholder shall not be permitted to go within the 30 centimeters of its lowest position when empty and a limit switch shall be.................the................in such a manner as to switch off the......................the limit is reached.

(5)    Provision of negative pressure switch.

In addition to the limit switch in gasholder, a sensitive negative pressure switch shall be provided in or adjacent to the suction main for hydrogen close to the gasholder and between the gasholder and the hydrogen compression to switch off the compressor motor in the event of the gasholder being emptied to the extent as to cause vacuum.

(6)    Purity of caustic soda.

The water and caustic soda used for making dye shall be chemically pure within pharmaceutical limits.

(7)    Precautions against reversal of polarity.

Electrical connections at the electrolyser cells and at the electric generator terminals shall be so constructed as to preclude the possibility of wrong connections leading to the reversal of polarity and in addition an automatic device shall be provided to cut off power in the event of reversal of polarity owing to wrong connections either at the switch board or at the electric generator terminals.

(8)    Colouring of gas pipes.

Oxygen and hydrogen gas pipes shall be painted with distinguishing colours and in the event of leakage at the joints of the hydrogen gas pipe, the pipe after reconnection shall be purged of all air before drawing in hydrogen gas.

(9)    Use of flame-proof fittings.

All electrical wiring and apparatus in the electrolyser room shall be of flame-proof construction or enclosed in flame-proof of fittings and no naked light or flame shall be allowed to be taken either in the electrolyser room or where compression and filling of the gases is carried on and such warning notices shall be exhibited in prominent places.

(10) Prohibition of hot work.

No part of the electrolyser plant, and the gasholders and compressor shall be subjected to welding, brazing, soldering or cutting until steps have been taken to remove any explosive substance from that part and render the part safe for such operations and after the completion of such operations no explosives substance shall be allowed to enter that part until the metal has cooled sufficiently to prevent risk of explosion.

(11) Repair, etc. to be done under supervision.

No work of operation, repair or maintenance shall be undertaken except under the direct supervision of a person who, by his training, experience and knowledge of the necessary precautions against risk of explosion is competent to supervise such work. No electric generator after erection or repairs shall be switched on to the electrolysers unless the same is certified by the competent persons under whose direct supervision erection or repairs are carried on to be in a safe condition and the terminals have been checked for the polarity as required by paragraph 7.

(12) Checking plant.

Every part of the electrolyser plant and the gas-holders and compressor shall have a regular schedule or overhaul and checking and every defect noticed shall be rectified forthwith.

SCHEDULE XVII

Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants

(1)    Definitions.

For the purposes of this Schedule:

(a)      "solvent extraction plant" means a plant in which the process of extracting oils and fats from vegetables and animal sources by use of solvents is carried on;

(b)      "solvent" means an inflammable liquid such as pentane, haxane and heptane used for the recovery of vegetable oils;

(c)      "flame-proof enclosure" as applied to electrical machinery or apparatus means an enclosure that will withstand, when covers or other access doors are properly secured, an internal explosion of the inflammable gas or vapour which may enter or which may originate inside the enclosure without suffering damage and without communicating internal inflammation (or explosion) to the external flammable gas or vapour;

(d)      "competent person" for the purpose of this schedule shall be at least a Member of the Institution of Engineers (India) or an Associate Member of the said Institution with 10 years experience in a responsible post as may be approved by the Chief Inspector:

Provided that a graduate in mechanical engineering or chemical technology with specialised knowledge of oils and fats and with a minimum experience of 5 years in a solvent extraction plant shall also be considered to be a competent person.

Provided further that the State Government may accept any other qualifications if in its opinion they are equivalent to the qualifications aforesaid.

(2)    Location and layout.

(1)     No solvent extraction plant shall be permitted to be constructed or extended within a distance of 30 metres from the nearest residental locality.

(2)     A 1.5 metre high continuous wire fencing shall be provided around the solvent extraction plant upto a minimum distance of 15 metres from the plant

(3)     No person shall be allowed to carry any matches or an open flame or fire inside the area bound by the fencing.

(4)     Boiler houses and other buildings where open flame processes are carried on Shall be located at least 30 metres away from the solvent extraction plant

(5)     If godowns and preparatory processes are at a distance of less than 30 metres from the solvent extraction plant, these shall be at least 15 metres distant from the plant, and continuous barrier wall of non-combustible material 1.5 metres high shall be erected at a distance of not less than 15 metres from the solvent extraction plant so that it extends to at lest 30 metres of vapour travel around its ends from the plant to the possible sources of ignition.

(3)    Electrical installations.

(1)     All electrical motors and wiring and other electrical equipment, installed or housed in solvent extraction plant shall be of flame-proof construction1.

(2)     All metal parts of the plant and building including various tanks and containers where solvents are stored or are present and all parts of electrical equipment not required to be energised shall be properly bonded together and connected to earth so as to avoid accidental rise in the electrical potential of such parts above the earth potential.

(4)    Restriction on smoking.

Smoking shall be strictly prohibited within 15 metres distance from solvent extraction plant. For this purpose, "No Smoking" signs shall be permanently displayed in the area.

(5)    Precautions against friction.

(1)     All tools and equipment including ladders, chains and other liftings tackle required to be used in solvent extraction plant shall be of non-sparking type.

(2)     No machinery or equipment in solvent extraction plant shall be belt driven.

(3)     No person shall be allowed to enter and work in the solvent extract plant if wearing clothes made of nylon or such other fibre that can generate static electrical charge, or wearing footwear which is likely to cause sparks by friction.

(6)    Fire-fighting apparatus.

(1)     Adequate number of portable fire extinguishers suitable for use against flammable liquid fires shall be provided in the solvent extraction plant

(7)    Precautions against power failure.

Provision shall be made for the automatic cutting off of steam in the event of power failure and also for emergency overhead water-supply for feeding water by gravity to condensers which shall come into play automatically with the power failure.

(8)    Magnetic separators.

Oil cake shall be fed to the extractor by a conveyor through a hopper and a magnetic separator shall be provided to remove any pieces of iron during its transfer.

(9)    Venting.

(1)     Tanks containing solvents shall be protected with emergency venting to relieve excessive internal pressure in the event of fire.

(2)     All emergency relief vents shall terminate at least 6 metres above the ground and be so located that vapours will not re-enter the building in which solvent extraction plant is located.

(10) Wastewater.

Process waste water shall be passed through a flash evaporator to remove any solvent before it is discharged into a sump which should be located within the fenced area but not closer than 8 metres to the fence.

(11) Ventilation.

The solvent extraction plant shall be well ventilated and if the plant is housed in a building, the building shall be provided with mechanical ventilation with provision for at least six air changes per hour.

(12) Housekeeping.

(1)     Solvents shall not be stored in an area covered by solvent extraction plant except in small quantities which shall be stored in approved safety cans.

(2)     Waste materials such as oily rags, other wastes and absorbants used to wipe off solvent and paints and oils shall be deposited in approved containers and removed from the premises at least once a day.

(3)     Space within the solvent extraction plant and within 15 metres from the plant shall be kept free, from any combustible materials and any spills of oil or solvent, shall be cleaned up immediately.

(13) Examination and repairs.

(1)     The solvent extraction plant shall be examined by the competent person to determine any weakness or corrosion and wear once in every 12 months. Report of such examination shall be supplied to the Inspector with his observation as to whether or not the plant is in safe condition to work.

(2)     No repairs shall be carried but to the machinery or plant except under the direct supervision of the competent person.

(3)     Facility shall be provided for purging the plant with inert gas before opening for cleaning or repairs and before introducing solvent after repairs.

(14) Operating personnel.

The operation of the plant and machinery in the solvent extraction plain shall be in the charge of such duly qualified and trained persons as are certified by the competent person to be fit for the purpose and no other person shall be allowed to operate the plant and machinery.

(15) Employment of women and young persons.

No woman or young person shall be employed in the solvent extraction plant

(16) Vapour detection.

A suitable type of flame-proof and portable combustible gas indicater shall be provided and maintained in good working order and a schedule of routine sampling of atmosphere at various locations as approved by the Chief Inspector shall be drawn out and entered in a register maintained for the purpose.

SCHEDULE XVIII

Manufacture or manipulation of manganese and its compounds

(1)    Application.

This schedule shall apply to every factory in which or in any part of which any manganese process is carried on.

(2)    Definitions.

For the purposes of this Schedule—

(a)      "manganese process" means processing, manufacture or manipulation of manganese or any compound of manganese or any ore or any mixture containing manganese;

(b)      "first employment" means first employment in any manganese process and includes also re-employment in any manganese process following any cessation of employment for a continuous period exceeding 3 calendar months;

(c)      "manipulation" means mixing, blending, filling, employing, grinding, sieving, drying, packing, sweeping or otherwise handing of manganese or a compound of manganese, or any ore of any mixture containing manganese; and

(d)      "efficient exhaust ventilation" means localised ventilation effected by mechanical means for the removal of dust or fume or mist at its source of origin so as to prevent it from escaping into the atmosphere of any place where any work is carried on. No draught shall be deemed to be efficient which fails to remove the dust or fume or mist at the point where it is generated and fails to prevent it from escaping into and spreading.

(3)    Isolation of a process.

Every manganese process which may give rise to dust, vapour or mist containing manganese shall be carried on in a totally enclosed system or otherwise effectively isolated from other processes so 'that other plants and processes and other parts of the factory and persons employed on other processes may not be affected by the same.

(4)    Ventilation of process.

No process in which any dust, vapour or mist containing manganese is generated, shall be carried out except under an efficient exhaust ventilation which shall be applied as near to the point of generation as practicable.

(5)    Personal protective equipment.

(1)     The occupier of the factory shall provide and maintain in good and clean condition suitable overalls and head coverings for all persons employed in any manganese process and such overalls and head coverings shall be worn by the persons while working on a manganese process.

(2)     The occupier of the factory shall provide suitable respiratory protective equipment for use by workers in emergency to prevent inhalation of dusts, fumes or mists. Sufficient number of complete sets of such equipment shall always be kept near the work place and the same shall be properly maintained and kept always in a condition to be used readily.

(3)     The occupier shall provide and maintain for the use of all persons employed, suitable accommodation for the storage and make adequate arrangements for cleaning and maintenance of personal protective equipment

(6)    Prohibition relating to women and young persons.

No women or young persons shall be employed or permitted to work in any manganese process.

(7)    Food, drinks etc. prohibited in the work-rooms.

No food, drink, pan and supari or tobacco shall be allowed to be brought into or consumed by any worker in any work-room in which any manganese process is carried on.

(8)    Mess-room.

There shall be provided and maintained for the use of the persons employed in a manganese process a suitable mess-room which shall be furnished with sufficient tables and benches and adequate means for warming of food. The mess-room shall be placed under the charge of a responsible person and shall be kept clean.

(9)    Washing facilities.

There shall be provided and maintained in a clean state and in good condition, for the use of persons employed on manganese 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 at least 60 centimeters for every ten such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of hot more than 60 centimeters; or

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

(b)      sufficient supply of soap or other suitable cleaning material and nail brushes and clean towels.

(10) Cloak-room.

If the Chief Inspector so requires there shall be provided and maintained for the use of persons employed in manganese process a cloak-room for clothing put off during working hours with adequate arrangements for drying the clothing.

(11) Cautionary placard and instructions.

Cautionary notices in the form specified in appendix and printed in the language of the majority of the workers employed, shall be affixed in prominent places in the factory where they can be easily and conveniently read by the workers and arrangement shall be made by the occupier to instruct periodically all workers employed in a manganese process regarding the health hazards connected with their duties and the best preventive measures and methods to protect themselves. The notices shall always be maintained in a legible condition.

(12) Medical examination.

(1)     Every person employed in a manganese process shall be medically examined by Certifying Surgeon within 14 days of his first employment and thereafter at intervals of not more than three months.

(2)     If a person medically examined is found fit for employment on a manganese process the Certifying' Surgeon, shall grant a certificate of fitness in Form 28 which shall be kept in the custody of the manager of the factory. The certificate shall be readily produced by the manager whenever required by any Inspector, and the person granted such a certificate shall be provided with a token made of metal with the number of the certificate inscribed thereon and the said person shall always carry the said token on the person while at work.

(3)     If a person is found unfit for work in any manganese process, the Certifying Surgeon" shall grant a certificate to that effect and such person shall not be allowed to work in any manganese process.

(4)     (a) If the Certifying Surgeon finds that any worker who had been granted a certificate Of fitness at a previous medical examination was no longer fit to be employed on any manganese process, he may revoke the previous certificate and no person whose certificate of fitness has been revoked shall be allowed to work on any manganese process,

(b) The Certifying Surgeon may require such person to be produced before him for fresh medical examination after such period as he may specify in writing on the revoked certificate and in the health register.

(5)     If the Certifying Surgeon is of the opinion that a person had become permanently unfit for employment on any manganese process, he shall make an entry to that effect in the certificate and in the health register and no such person shall be allowed to work in any manganese process.

(6)     If the Certifying Surgeon is of the opinion that any special expert examination or test is necessary for a proper diagnosis in a doubtful case, he may direct the manager and/or the occupier to get the worker examined by the expert, or to get tests carried out as may be specified by him and the manager or the occupier as the case may be shall comply with the direction given within a specified time and produce the report or examination or test as the case may be before the Certifying Surgeon.

(7)     If the Certifying Surgeon is of the opinion that any person is not fit for employment in any manganese process but is fit to be employed or any other work he may advise the manager or the occupier to employ the said person on such other job as may be safe for him. The Certifying Surgeon may also advise the worker to undergo such treatment as he may consider necessary.

(8)     If any person has any doubt regarding the diagnosis or decision of the Certifying Surgeon he may make an appeal to the Chief Inspector of Factories and the Chief Inspector may refer the case to the Medical Inspector of Factories or to a Medical Committee constituted by him for this purpose of which the Medical Inspector of Factories shall be a member. The decision of the Medical Inspector or the Committee as the case may be, shall be final in the matter.

(13) Exemption.

If in respect of any factory, the Chief Inspector is satisfied that owing to any exceptional circumstances, or infrequency of the process, or for any other reason, application of all or any of the provisions of this schedule is not necessary for the protection of the persons employed in such factory he may, by an order in writing which he may at his discretion revoke, exempt such factory from all or any of the provisions on such conditions and for such period as he may specify in the said order.

APPENDIX

CAUTIONARY NOTICE

Manganese and Manganese Compounds

(1)     Dust fumes and mists of manganese and its compounds are toxic when inhaled or when ingested.

(2)     Do not consume food or drink near the work place.

(3)     Take a good wash before taking meals.

(4)     Keep the working area clean.

(5)     Use the protective clothing and equipment provided.

(6)     When required to work in situations where dust, fumes or mists are likely to inhaled, use respiratory protective equipment provided for the purpose.

(7)     If you get severe head-aches, prolonged sleeplessness or abnormal sensation on the body, report to the manager who would make arrangements for your examination and treatment

SCHEDULE XIX

Manufacture of manipulation of dangerous pesticides

(1)    Application.

This schedule shall apply in respect of all factories or any part thereof in which the process of manufacture or manipulation of dangerous pesticides hereinafter referred to as the said manufacturing process is carried on.

(2)    Definitions.

For the purpose of this Schedule:—

(a)      "dangerous pesticides" means any product proposed or used for controlling, destroying or repelling any pest or for preventing growth or mitigating effects of such growth including any of its formulations which is considered toxic under and is covered by the Insecticides Act, 1968 and the rules made thereunder and any other product, as may be notified from time to time, by the State Government

(b)      "manipulation" includes mixing, blending, formulating, filling, emptying, packing or otherwise handling;

(c)      "efficient exhaust drought" means localised mechanical ventilation for removal of smoke, gas, vapour, dust, fume of mist so as to prevent them from escaping into the air or any work room in which work is carried on. No exhaust draught shall be considered efficient if it fails to remove smoke generated at the point where such gas, fume, dust, vapour or mist originates from the process.

(d)      "first employment" shall mean first employment in any manufacturing process to which this schedule applies and shall also include re-employment in the said manufacturing process following any celassion of employment for a continuous period exceeding three calendar months; and

(e)      "suspension" means suspension from employment in any process wherein a dangerous pesticide is manipulated, by written certificate in the health register in Form 25 signed by the Certifying Surgeon who shall be competent to suspend all persons employed in such process.

(3)    Instructions to workers.

Every worker on his first employment shall be fully instructed on the properties including dangerous properties of the chemicals handled in the said manufacturing process and the hazards involved. The employees shall also be instructed in the measures to be taken to deal with any emergency. Such instructions shall be repeated periodically.

(4)    Cautionary notice and placards.

Cautionary notices and placards in the form specified in appendix to this schedule and printed in the language of the majority of the workers shall be displayed in all work places in which said manufacturing process is carried on so that they can be easily and conveniently read by the workers. Arrangements shall be made by the occupier and the manager of the factory to periodically instruct the workers regarding the health hazards arising in the said manufacturing process and methods of protections. Such notices shall include brief instructions regarding the periodical clinical tests required to be undertaken for protecting health of the workers.

(5)    Prohibition relating to employment of women or young persons.

No woman or young person shall be employed or permitted to work in any room in which the said manufacturing process is carried on or in any room in which dangerous pesticide is stored.

(6)    Food, drinks and smoking prohibited.

(1)     No food, drink, tobacco, pan or supari shall be brought into or consumed by any worker in any work-room in which the said manufacturing process is carried out

(2)     Smoking shall be prohibited in any work-room in which the said manufacturing process is carried out

(7)    Protective clothing and protective equipment.

(1)     Protective clothing consisting of long pants and shirts or overalls with long sleeves and head coverings shall be provided for all workers employed in the said manufacturing process.

(2)     (a) Protective equipment consisting of rubber gloves, gum boots, rubber aprons, chemical safety goggles and respirators shall be provided for all workers employed in the said manufacturing process.

(b) Gloves, boots, aprons shall be made from synthetic rubber where a pesticide contains oil.

(3)     Protective clothing and equipment shall be worn by the workers supplied with such clothing and equipment

(4)     Protective clothing and equipment shall be washed daily from inside and outside if the workers handle pesticides containing nicotine or phosphorous and shall be washed frequently if handling other pesticides.

(5)     Protective clothing and equipment shall be maintained in good repair.

(8)    Floors and work benches.

(1)     Floors in every work-room where dangerous pesticides are manipulated shall be of cement or other impervious material giving a smooth surface.

(2)     Floors shall be maintained in good repair, provided with adequate slope leading to a drain and thoroughly washed once a day with hose pipe.

(3)     Work-benches where dangerous pesticides are manipulated shall be made of smooth, non-absorbing material preferably stainless steel and shall be cleaned at least once daily.

(9)    Spillage and waste.

(1)     If a dangerous pesticide during its manipulation splashes or spills on the work bench, floor or on the protective clothing worn by a worker, immediate action shall be taken for thorough decontamination of such areas or articles.

(2)     Cloth, rags, paper or other material soaked or soiled with a dangerous pesticide shall be deposited in a suitable receptacle with tight fitting cover. Contained waste shall be destroyed by burning at least once a week.

(3)     Suitable deactivating agents, where available, shall be kept in a readily accessible place for use while attending to a spillage.

(4)     Easy means of access shall' be provided to all parts of the plant for cleaning, maintenance and repair.

(10) Empty containers used for dangerous pesticides.

Containers used for dangerous pesticides shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discarded or destroyed.

(11) Manual handling.

(1)     A dangerous pesticide shall not be required or allowed to be manipulated by hand except by means of a long handled scoop.

(2)     Direct contact of any part of the body with a dangerous pesticide during its manipulation shall be avoided.

(12) Ventilation.

(1)     In every work-room or area where a dangerous pesticide is manipulated, adequate ventilation shall be provided at all times by the circulation of fresh air.

(2)     Unless the process is completely enclosed, the following operations during manipulation of a dangerous pesticide shall not be undertaken without an efficient exhaust draught—

(a)      emptying a container holding a dangerous pesticide;

(b)      blending a dangerous pesticide;

(c)      changing or filling a dangerous pesticide into a container, tank copper or machine or small sized containers;

(d)      preparing a liquid or powder formulation containing a dangerous pesticide;

(3)     In the event of a failure of the exhaust draught provided on the above operation, the said operations shall be stopped forthwith.

(13) Time allowed for washing.

(1)     Before each meal and before the end of the day's work at least ten minutes in addition to the regular rest interval shall be allowed for washing to each worker engaged in the manipulation of dangerous pesticides.

(2)     Every worker engaged in the manipulation of dangerous pesticides shall have a thorough wash before consuming any food and also at the end of the day's work.

(14) Washing and bathing facilities.

(1)     These shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the factory where the said manufacturing process is carried on, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 5 persons employed.

(2)     The washing places shall have standpipes placed at intervals of not less than one metre.

(3)     Not less than one half of the total number of washing places shall be provided with bathrooms.

(4)     Sufficient supply of clean towels made of suitable material shall be provided: Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.

(5)     Sufficient supply of soap and nail brushes shall be provided.

(15) Cloak-room.

There shall be provided and maintained for the use of all workers employed in the factory where the said manufacturing process is carried on—

(a)      a cloak-room for clothing put off during working hours with adequate arrangements for drying clothing, if wet; and

(b)      separate and suitable arrangements for the storage of protective clothing provided under paragraph 7.

(16) Mess-room.

(1)     There shall be provided and maintained for the use of all workers employed in the factory in which the said manufacturing process is carried on and remaining on the premises during the rest intervals, a suitable mess-room which shall be furnished with—

(a)      sufficient tables and benches with back rest, and

(b)      adequate means for warming food.

(2)     The mess-room shall be placed under the charge of a responsible person and shall be kept clean.

(17) Manipulation not to be undertaken.

Manufacture or manipulation of a pesticides shall not be undertaken in any factory unless a certificate regarding its dangerous nature or otherwise is obtained from the Chief Inspector.

(18) Medical examination.

(1)     Every worker employed in the said manufacturing process shall be examined by the Certifying Surgeon within seven days of the first employment and no worker shall be allowed to work unless certified fit for such employment by the Certifying Surgeon.

(2)     Every worker employed in the said manufacturing process shall be re-examined by a Certifying Surgeon at least once in six calendar months.

(3)     Due notice shall be given to the Certifying Surgeon and the concerned workers regarding the arrangements for examination of workers employed in the said manufacturing process after obtaining the consent regarding the arrangement from the Certifying Surgeon.

(4)     Health register in Form 6 containing names of all workers employed in the said manufacturing process shall be maintained.

(5)     No worker after suspension shall be employed without written sanction from the Certifying Surgeon entered in or attached to the health register.

(19) Medical facilities.

(1)     The occupier shall engage a qualified medical practitioner approved by the Chief Inspector who shall examine and when necessary treat on the premises of the factory, all workers who are employed in the said manufacturing process for effects of excessive absorption of the dangerous pesticides at least once a week.

(2)     The occupier shall make necessary arrangements to ensure quite availability of qualified medical practitioner in emergency.

(3)     The occupier shall provide medicines and antidotes and other equipment required for treatment of excessive absorption of dangerous pesticides.

(4)     Records of such examinations and treatments and tests shall be maintained in a form approved by the Chief Inspector and shall be made available to Inspector.

(5)     The Chief Inspector may order suitable clinical test or tests to be carried out at specified intervals in respect of workers in any factory where such manufacturing process is carried on. Charges for such test or tests shall be borne by the employer.

(6)     Every worker in any factory where the said manufacturing process is carried on, shall undergo the prescribed examination, tests and treatments.

(20) Exemption.

In respect of any factory the Chief Inspector is specified that owing to the exceptional circumstances or the infrequency of the said manufacturing process or for any other reason which he shall record in writing all or any of the provisions of this schedule are not necessary for the protection of the workers employed in the factory, he may by a certificate in writing exempt such factory, from all or any of the provisions on such conditions, as he may specify therein. Such certificate may at any time be revoked by the Chief Inspector after recording his reasons therefor.

APPENDIX

CAUTIONARY NOTICE

Insecticides and Pesticides

(1)     Chemicals handled in this plant are poisonous substances.

(2)     Smoking, eating food or drinking, chewing tobacco in this area is prohibited. No food stuff or drink shall be brought in this area.

(3)     Some of these chemicals may be absorbed through skin and may cause poisoning.

(4)     A good wash shall be taken before meals.

(5)     A good bath shall be taken at the end of the shift

(6)     Protective clothing and equipment supplied shall be used while working in this area.

(7)     Containers of pesticides shall not be used for keeping food stuffs.

(8)     Spillage of the chemicals on any part of the body or on the floor or work-bench shall be immediately washed away with water.

(9)     Clothing contaminated due to splashing shall be removed immediately.

(10)   Scrupulous cleanliness shall be maintained in this area.

(11)   Do not handle pesticides with bare hands, use scoops provided with handle.

(12)   In case of sickness like nausea, vomiting, giddiness, the manager should be informed who will make necessary arrangements for treatment

(13)   All workers shall report for the prescribed medical tests regularly to protect their own health.

SCHEDULE XX

Manufacture, handling and usage of benzene and substances containing benzene

(1)    Application.

This schedule shall apply in respect of factories or parts thereof in which benzene or substances containing benzene are manufactured, handled or used.

(2)    Definitions.

For the purpose of this schedule,—

(a)      "substances containing benzene" means substances wherein benzene content exceeds one per cent by volume;

(b)      "substitute" means a chemical which is harmless or less harmful than benzene and can be used in place of benzene;

(c)      "enclosed system" means a system which will not allow escape of benzene vapours to the working atmosphere;

(d)      "Efficient exhaust draught" means localised ventilation effected by mechanical means for the removal of gases, vapours and dust or fumes so as to prevent them from escaping into the air of any workroom. No draught shall be deemed to be efficient if it fails to remove smoke generated at the point where such gases, vapours, fumes or dusts originate.

(3)    Prohibition and substitution.

[66]"(1) Use of Benzene and the following substances containing Benzene is prohibited, in the following processes:—

(a)      Manufacture of varnishes, paints and thinners.

(b)      Cleaning and degressing operations."

(2)   Benzene or substances containing benzene shall not be used as a solvent or diluent unless the process in which it is used is carried on in an enclosed system or unless the process is carried on in a manner which is considered equally safe as if it were carried out in an enclosed system.

(3)   Where suitable substitutes are available, they shall be used in stead or benzene or substances containing benzene. This provision, however, shall not apply to the following processes:

(a)      production of benzene;

(b)      process where benzene is used for chemical synthesis:

(c)      motor spirits (used as fuel).

(4)   The Chief Inspector may, subject to confirmation by the State Government, permit exemptions from the percentage laid down in sub-paragraph 2(a) and also from the provisions of sub-paragraph (2) of this paragraph temporarily under conditions and within limits of time to be determined after consultation with the employers and workers concerned.

(4)    Protection against inhalation.

(1)     The process involving the use of benzene or substances containing benzene shall be as far as practicable carried out in an enclosed system.

(2)     Where, however, it is not practicable to carry out the process in an enclosed system, the workroom in which benzene or substances containing benzene are used shall be equipped with an efficient exhaust draught or other means for the removal of benzene vapours to prevent their escape into the air of the workroom so that the concentration of benzene in the air does not exceed 25 parts per million by volume or 80 miligrams per cubic metre.

(3)     Air analysis for the measurement of concentration of benzene vapours in air small be carried out every 8 hours or at such intervals as may be directed by the Chief Inspector at places where process involving, use of benzene is carried on and the result of such analysis shall be recorded in a register specially maintained for this purpose. If the concentration of benzene vapours in air as measured by air analysis, exceeds 25 parts per million by volume or 80 miligrams per cubic metre, the Manager shall forthwith report the concentration to the Chief Inspector stating the reasons for such increase.

(4)     Workers who for special reasons are likely to be exposed to concentration of benzene in the air of the work-room exceeding the maximum referred to in sub-paragraph (2) shall be provided with suitable respirators or face masks. The duration of such exposure shall be limited as far as possible.

(5)    Measures against skin contact.

(1)     Workers who are likely to come in contact with liquid benzene or liquid substances containing benzene shall be provided with suitable gloves, aprons, boots and where necessary vapour tight chemical goggles, made of material not effected by benzene or its vapours.

(2)     The protective wear referred to in sub-paragraph (1) shall be maintained in good condition and inspected regularly.

(6)    Prohibition relating to employment of women and young persons.

No woman or young person shall be employed or permitted to work in any workroom involving exposure to benzene or substances containing benzene.

(7)    Labelling.

Every container holding benzene or substances containing benzene shall have the work 'Benzene' and approved danger symbols clearly visible on it and shall also display information on benzene content, warning about toxicity and warning about inflammability of the chemical.

(8)    Improper use of benzene.

(1)     The use of benzene or substances containing benzene by workers for cleaning their hands or their work clothing shall be prohibited.

(2)     Workers shall be instructed on the possible dangers arising from such misuse.

(9)    Prohibition of consuming food, etc. in work-room.

No worker shall be allowed to store or consume food or drink in the work-room in which benzene or substances containing benzene are manufactured, handled or used.

Smoking and chewing tobacco or pan shall be prohibited in such work-rooms.

(10) Instructions as regards risks.

Every worker on his first employment shall be fully instructed on the properties of benzene or substances containing benzene which he has to handle and of the dangers involved. Workers shall also be instructed on the measures to be taken to deal with in an emergency.

(11) Cautionary notices.

Cautionary notices in the form specified in appendix and printed in the language easily read and understood by the majority of the workers shall be displayed in prominent places in the workrooms where benzene or substances containing benzene are manufactured, handled or used.

(12) Washing facilities, cloak-room and mess-room.

In factories in which benzene or substances containing benzene are manufactured, handled or used the occupier shall provide and maintain in a clean state and, in good repair—

(a)      washing facilities under cover, of the standard of at least one tap for every 10 persons having constant supply of water with soap and a clean towel provided individually to each worker if so ordered by the Inspector,

(b)      a cloak-room with lockers for each worker having two compartments—one for street clothing and one for work clothing; and

(c)      a mess-room furnished with tables and benches with means for warming food, provided that where a canteen or other proper arrangements exist for the workers to take their meals, the requirements of mess-room shall be dispensed with.

(13)  Medical examination.

(1)     Every worker who is to be employed in processes involving use of benzene substances containing benzene, shall undergo—

(a)      a thorough pre-employment medical examination including a blood test for fitness for employment by a Certifying Surgeon; and

(b)      periodical medical examination including blood test and other biological tests at intervals of every six months by the factory medical officer with the assistance of a laboratory.

(2)     Certificates of per-employment medical examination and periodical examination including tests, shall be entered in a health register in Form 6 which shall be produced on demand by an Inspector.

(3)     (a) If the factory medical officer on examination at any time is of the opinion that any worker has developed signs or symptoms of benzene exposure, he shall make a record of his findings in the said register and inform the manager in writing.

(b) On receipt of the information from the factory medical officer the Manager of the factory shall send the worker so found exposed, to the Certifying Surgeon who shall, after satisfying himself with the finding of the factory medical officer and conducting necessary examinations, issue order of temporary shifting of the worker or suspension of the worker in the process.

(4)     The medical examination shall be arranged by the occupier or Manager of the factory and the worker so examined shall not bear any expenses for it

APPENDIX

CAUTIONARY NOTICE

Benzene and substances containing benzene

(1)     Hazards.

(a)      Benzene and substances containing benzene are harmful.

(b)      Prolonged or repeated breathing of benzene vapours may result in acute or chronic poisoning.

(c)      Benzene can also be absorbed through skin which may cause skin and other diseases.

(2)     Preventive measures.

(a)      Avoid breathing of benzene vapours.

(b)      Avoid prolonged or repeated contact of benzene with the skin.

(c)      Remove benzene soaked or wet clothing promptly.

(d)      If any time you are exposed to high concentration of benzene vapours and exhibit signs and symptoms such as dizziness, difficulty in breathing, excessive excitation and losing of consciousness, immediately inform your factory manager.

(e)      keep all the containers of benzene closed.

(f)       Handle, use the process benzene and substances containing benzene carefully in order to prevent their spillage on floor.

(g)      Maintain good house-keeping.

(3)     Protective equipment

(a)      Use respiratory protective equipment in places where benzene vapours are present in high concentration.

(b)      In emergency, use self-generating oxygen mask or oxygen or air cylinder masks.

(c)      Wear hand gloves, aprons, goggles, gum boots to avoid contact of benzene with your skin and body part

(4)     First-aid measures in case of acute benzene poisoning.

(a)      Remove the clothing immediately if it is wetted with benzene.

(b)      If liquid benzene enters eyes, flush thoroughly for atleast 15 minutes with clean running water and immediately secure medical attention.

(c)      In case of unusual exposure to benzene vapour, call a physician immediately. Until he arrives, do the following:

                                              (i)          If the exposed person is conscious—

(a)      Move him to fresh air in open.

(b)      Lay down without a pillow and keep him quiet and warm.

(c)      If the exposed person is unconscious—(aa) Lay him down preferably on the left side with the head low.

(d)      Remove any false teeth, chewing-gum, tobacco, or other foreign objects which may be in his mouth.

(e)      Provide him artificial respiration in case difficulty is being experienced in breathing.

(f)       In case of shallow breathing or cyanosis (blueness of skin, lips, ears, finger nail beds), he should be provided with medical oxygen or oxygen carbon dioxide mixture. If needed he should be given artificial respiration. Oxygen should be administered by a trained person only.

SCHEDULE XXI

Manufacturing process or operations in carbon-di-sulphide plant

(1)    Application.

This schedule shall apply to all electric furnaces in which carbon-di-sulphide is generated and all other plants where carbon-di-sulphide after generation, is condensed, refined and stored. This schedule is in addition to and not in derogation of any of the provisions of the Act and Rules made thereunder.

(2)    Construction, installation and operation.

(1)     The buildings in which electric furnaces are installed and carbon-di-sulphide after generation is condensed and refined shall be segregated from other parts of the factory and shall be of open type to ensure optimum ventilation and the plant layout shall be such that only a minimum number of workers are exposed to the risk of any fire or explosion at any one time.

(2)     Every electric furnace and every plant in which carbon-di-sulphide is condensed refined and stored with all their fittings and attachments shall be of good construction, sound material and of adequate strength to sustain the internal pressure to which the furnace or the plant may be subjected to and shall be so designed that carbondi-sulphide liquid and gas are in closed system during their normal working.

(3)     The electric furnace supports shall be firmly grouted about 60 centimetres in concrete or by other effective means.

(4)     Every electric furnace shall be installed and operated according to manufacturers' instructions and these instructions shall be clearly imparted to the personnel incharge of construction and operation.

(5)     The instructions regarding observance of correct furnace temperature, sulphur dose, admissible current or power consumption and periodical checking of charcoal level shall be strictly complied with.

(3)    Electrodes.

(1)     Where upper ring electrodes made of steel are used in the electric furnace, they shall be of seamless tube construction and shall have arrangement for being connected to cooling water system through a siphon built in the electrodes or through a positive pressure water-pump.

(2)     The arrangement for cooling water referred to in sub-paragraph (1) shall be connected with automatic alarm system which will actuate in the event of interruption of cooling water in the electrodes and give visible and audible alarm signals in the control room and simultaneously stop power supply for the furnace operation and to stop the further supply of water. The alarm system and the actuating device shall be checked every day.

(4)    Maintenance of charcoal level.

When any electric furnace is in operation, it shall be ensured that the electrodes are kept covered with charcoal bed.

(5)    Charcoal separator.

A cyclone type of charcoal separator shall be fitted on the off-take pipe between the electric furnace and sulphur separator to prevent entry of pieces of charcoal into the condensers and piping.

(6)    Rupture discs and safety seal.

(1)     At least two rupture discs of adequate size which shall blow off at a pressure twice the maximum operating pressure shall be provided on each furnace and shall either be mounted directly on the top of the furnace or each through an independent pipe as close as possible to the furnace.

(2)     A safety waterseal shall be provided and tapped from a point between the charcoal separator and the sulphur separator.

(7)    Pyrometer and manometers.

(1)     Each electric furnace shall be fitted with adequate number of pyrometers to give an indication of the temperature as correctly as reasonable practicably at various points in the furnace. The dials for reading the temperatures shall be located iii the control room.

(2)     Manometers or any other suitable devices shall be provided for indicated pressure—

(a)      in the off-take pipe before and after the sulphur separator; and

(b)      in primary and secondary condensers.

(8)    Check valves.

All piping carrying carbon disulphide shall be fitted with check valves at suitable positions so as to prevent gas from flowing back into any electric furnace in the event of shut down.

(9)    Inspection and maintenance of electric furnaces.

(1)     Every electric furnace shall be inspected internally by a competent person:

(a)      before being placed in service after installation;

(b)      before being placed in service after reconstruction or repairs; and

(c)      periodically every time the furnace is opened for cleaning or de-ashing or for replacing electrodes.

(2)     When an electric furnace is shut down for cleaning or de-ashing;

(a)      the brick lining shall be checked for continuity and any part found defective removed;

(b)      after removal of any part of the lining referred to in (a) the condition of the shell shall be closely inspected; and

(c)      any plates forming shell found corroded to the extent that safety of the furnace is endangered shall be replaced.

(10) Maintenance of records.

The following hourly records shall be maintained in a log book:—

(a)      manometer readings at the points specified in sub-paragraph 7(2);

(b)      gas temperature indicated by pyrometers and all other vital points near the sulphur separator and primary and secondary condensers;

(c)      water temperature and flow of water through the siphon and electrodes; and

(d)      primary and secondary voltages and current and energy consumed.

(11) Electrical apparatus, wiring and fittings.

All buildings in which carbon-di-sulphide is refined or stored shall be provided with electrical apparatus, wiring and fittings which shall afford adequate protection from fine and explosion.

(12) Prohibition relating to smoking.

No person shall smoke or carry matches, fire or naked light or other means of producing a naked light or spark in buildings in which carbon-di-sulphide is refined or stored, and a notice in the language understood by a majority of the workers shall be pasted in the plant prohibiting smoking and carrying of matches, fire or naked light or other means of producing naked light or spark into such rooms.

(13) Means of escape.

Adequate means of escape shall be provided and maintained to enable persons to move to a safe place as quickly as possible in case of any emergency. At least two independent staircases of adequate width shall be provided in every building housing the furnaces at reasonable intervals at opposite ends. These shall always be kept clear of all obstructions and so designed as to afford easy passage.

(14) Warning in case of fire.

There shall be adequate arrangements for giving warning in case of fire or explosion which shall operate on electricity and in case of failure of electricity by some mechanical means.

(15) Fire-fighting equipment.

(1)     Adequate number of suitable fire extinguishers or other fire-fighting equipment shall be kept in constant readiness for dealing with risks involved and depending on the amount and nature of materials stored.

(2)     Clear instructions as to how the extinguishers or other equipment should be used printed in the language which the majority of the workers employed understand shall be affixed to each extinguisher or other equipment and the personnel trained in their use.

(16) Bulk sulphur.

(1)     Open or semi-enclosed spaces for storage of bulk sulphur shall be sited with due regard to the dangers which may arise from sparks given off by nearby locomotives, etc., and precautions shall be taken to see that flames, smoking and matches and other sources of ignition do not come in contact with the clouds of dust arising during handling of bulk sulphur.

(2)     All enclosures for bulk sulphur shall be of non-combustible construction, adequately ventilated and so designed as to provide a minimum of ledges on which dust may ledge.

(3)     The bulk sulphur in the enclosures shall be handled in such a manner as to minimise the formation of dust clouds and no flame, smoking and matches or other sources of ignition shall be employed during handling and non-sparking tools shall be used whenever sulphur is shovelled or otherwise removed by hand.

(4)     No repairs involving flames, heat or use of hand or power tools shall be made in the enclosure where bulk sulphur is stored.

(17) Liquid sulphur.

Open flames, electric sparks and other sources of ignition, including smoking matches, shall be excluded from the vicinity of molten sulphur.

(18) Training and supervision.

(1)     All electric furnaces and all plants in which carbon-di-sulphide is condensed, refined or stored shall be under adequate supervision at all times while the furnaces and plant are in operation.

(2)     Workers in charge of operation and maintenance of electric furnaces and the plants shall be properly qualified and adequately trained.

(19) Washing facilities.

(1)     The occupier shall provide and maintain in a clean state and in good repair, for the use of all persons employed wash place under cover with at least one tap or standpipe, having a constant supply of clean water for every five such persons, the taps or stand-pipes being spaced not less than 120 centimeters apart with a sufficient supply of soap and clean towels, provided that towels shall be supplied individually to each worker if so ordered by the Inspector.

(2)     All the workers employed in the sulphur storage, handling and melting operations shall be provided with a nail brush.

(20) Personal protective equipment

(1)     Suitable goggles and protective clothing consisting of overall without pockets, gloves and foot-wear shall be provided for the use of operatives—

(a)      When operating valves or cocks controlling fluids etc.

(b)      drawing off molten sulphur from sulphur pots; and

(c)      handling charcoal or sulphur.

(2)     Suitable respiratory protective equipment shall be provided and stored in the appropriate place for use during abnormal conditions or in an emergency.

(3)     Arrangements shall be made for proper and efficient cleaning of all such protective equipment

(21)  Cloak-rooms.

There shall be provided and maintained for the use of all persons employed in the processes a suitable cloak-room for clothing put off during work hours and a suitable place separate from the cloak-room for the storage of overalls or working clothes. The accommodation so provided shall be placed in the charge of a responsible person and shall be kept clean.

(22) Unauthorised persons.

Only maintenance and repair personnel, persons directly connected with the plant operation and these accompanied by authorised persons shall be admitted into the plant

SCHEDULE XXII

Manufacture or manipulation of caboinogonic dye intermediates

(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 processes indicated in this paragraph shall be referred to hereinafter as "the said processes", and such reference shall mean any or all the processes described in this paragraph.

(2)    Definition.

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)      "first employment" means first employment in the said processes and also reemployment in such processes following any cessation of employment for a continuous period exceeding three calendar months;

(c)      "efficient exhaust draught" means localised ventilation effected by mechanical means for the removal of gas, vapour, dust or fume 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 originates, 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-napthylamine or alpha-napthylamine containing not more than one percent of beta-napthylamine either as a by product of chemical reaction or otherwise, and its salts;

(b)      ortho-alidine and its salts;

(c)      dianisidine and its salts;

(d)      dichlorobenzidine and its salts;

(e)      auramine; and

(f)       magneta.

(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 as stipulated in paragraph 23.

(6)    Requirements for processing or handling controlled substances.

(1)     Wherever 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 or used, all practical steps shall be taken to prevent inhalation, ingestion or absorption of the said controlled substances by the workers while engaged in processing that substance and its storage or transport within 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. Whenever such enclosure is not possible, efficient exhaust draught shall be applied at the point where the controlled substances are likely to escape into the atmosphere during the process.

(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 process 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 worker employed in the said process:—

(a)      long trousers and shirts or overalls with full sleeves and head covering. The shirt or overall shall cover the neck completely, and

(b)      rubber gum-boots.

(2)     The following items of personal protective equipment shall be provided in sufficient number for use by workers employed in 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; and

(c)      airline respirators or other suitable respirator 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 a good repair.

(8)    Prohibition relating to employment of women and young persons.

No woman or young person shall be employed or permitted to work in any room in which the said processes are carried on.

(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 a sever 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 oh 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 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 processes 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) Obligations of the workers.

It shall be the duty of the persons employed in the said processes to submit themselves for the medical examination including exfoliative cytology of urine by the Certifying Surgeon or the qualified medical practitioner as provided for under these rules.

(15) 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 workers employed in the said processes:—

(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 each worker; and

(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 everyday.

(16) Food, drinks, etc. prohibited in work-room.

No worker shall consume food, drink, pan, supari or tobacco or shall smoke in any work-room in which the said processes are carried on and no worker shall remain in any such room during intervals for meals or rest

(17) Cloak-room.

These shall be provided and maintained in a clean state and in good repair for the use of the workers employed in the said processes— (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 so provided shall be under the care of a responsible person and shall be kept clean.

(18) 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, a mess-room which shall be furnished with tables and benches and provided with suitable means for warming food.

(19) Time allowed for washing.

Before the end of each shift 30 minutes shall be allowed for bathing for 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.

(20) 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.

(21) Medical examination.

(1)     Every worker employed in the said processes shall be examined by a Certifying Surgeon within 14 days of his first employment. Such examination shall include tests which the Certifying Surgeon 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 Certifying Surgeon.

(2)     Every worker employed in the said processes shall be reexamined by a Certifying Surgeon at least once in every six calendar months. Such examination shall include tests which the Certifying Surgeon may consider appropriate but shall include exfoliative cytology of the urine.

(3)     A person medically examined under sub-paragraph (1) shall be granted by the Certifying Surgeon a certificate of fitness in Form 28. Record of each re-examination carried out under sub-paragraph (2) shall be entered in the certificate. The certificate shall be kept in the custody of the manager of the factory.

(4)     The record of each examination carried out as referred to in sub-paragraph (1) and (2) including the nature and the results of the tests shall be entered by the Certifying Surgeon in a health register in Form 29.

(5)     The certificate of fitness and the health register shall be kept readily available for inspection by any Inspector.

(6)     If at any time the Certifying Surgeon is of the opinion that a person is no longer fit for employment in the said processes or 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 this documents should also include the period for which he considers that the said person is unfit for work in the said processes or 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 Certifying Surgeon, after further examination, again certified him to be fit for employment.

(22) Medical facilities.

(1)     The occupier of every factory in which the said processes are carried on shall engage a qualified medical practitioner for medical surveillance of the workers employed in such process. His appointment shall be subject to approval of the Chief Inspector of Factories.

(2)     The occupier shall provide to him all the necessary facilities for the purpose referred to in sub-paragraph (1).

(3)     A record on medical examination and appropriate tests carried out by the qualified medical practitioner shall be maintained in a form approved by the Chief Inspector.

(23) Exemptions-prohibited substances.

(1)     The Chief Inspector 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 the control of the process of such purposes as is necessary to ensure that the product is free from any of the prohibited substances.

(2)     The Chief Inspector may allow the manufacture, handling or use of benzidine hydrochloride provided that all the processes 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 therefrom except in quantities no greater than that required for the purpose of control of the processes or such purposes as is necessary to ensure that the product is free from prohibited substances and that adequate steps are taken to ensure that benzidine hydrochloride is, except while not in a totally enclosed system, kept wet not less than one part of water of two parts of benzidine hydrochloride at all times.

(24) Exemptions—general.

If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes 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 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.

APPENDIX

CAUTIONARY PLACARD/NOTICE

Carcinogenic dye intermediates

(1)     Dye intermediates which are nitro amino derivatives or aromatic hydrocarbons are toxic. You have to handle these chemicals frequently in this factory.

(2)     Use the various items of protective wear to safeguard your own health.

(3)     Maintain scrupulous cleanliness at all times. Thoroughly wash hands and feet before taking meals.

(4)     Wash off any chemical falling on your body with soap and water.

If splashed with a solution of the chemical, remove the contaminated clothing immediately. These chemicals are known to produce cyanosis. Contact the medical officer or appointed doctor immediately and get his advice.

(5)     Handle the dye intermediates only with long handled scoops, never with bare hands.

(6)     Alcoholic drinks should be avoided as they enhance the risk of poisoning by the chemicals.

(7)     Keep your food and drinks away from work place. Consuming food, drinks or tobacco in any form at the place of work is prohibited.

(8)     Serious effects from work with toxic chemicals may follow after many years. Great care must be taken to maintain absolute cleanliness of body, clothes machinery and equipment."

[67]SCHEDULE XXIII

Preparations involving High Noise Levels

(1)    Application.

This schedule shall apply to all operations in any manufacturing process having high noise level.

(2)    Definition.

For the purpose of this schedule—

(a)      "Noise" means any unwanted sound.

(b)      "High Noise Level" means any noise level measured on the A-weighted scale is 90 db or above.

(c)      "Decibel" means one-tenth of "Bel" which is the fundamental division of a logarithmic scale used to express the ratio of two specified or implied quantities, the number of "Bel" denoting such a ratio being the logarithm to the base of 10 of this ratio. The noise level (or the sound pressure level) corresponds to a reference pressure of 20 x 10 — 6 nowtons per square metre or 0.0002 dynes per square centimeter which is the threshold of hearing, that is, the lowest sound pressure level necessary to produce the sensation of hearing in average healthy listeners. The decibel in abbreviated form is db.

(d)      "Frequency" is the rate of pressure variations expressed in cycles per second or hertz.

(e)      "dBA" refer to sound level in decibels as measured on a sound level meter operating on the A-weighting net work with slow meter response.

(f)       "A-weighting" means making graded adjustments in the intensities of sound of various frequencies for the purpose of noise measurement, so that the sound pressure level measured by an instrument reflects the actual response of the human ear to the sound measured.

(3)    Protection against noise.

(1)     In every factory, suitable engineering control or administrative measures shall be taken to ensure, so far as is reasonably practicable, that no worker is exposed to sound levels exceeding the. maximum permissible noise exposure levels specified in Tables l and 2.

TABLE 1

Permissible Exposure in Cases of Continuous Noise

Notes:—1. No exposure in excess of 115 dBA is to permitted.

(2)     For any period of exposure falling in between any figures and the next higher or lower figure as indicated in column 1, the permissible sound pressure level is to be determined by the extrapolation on a proportionate basis.

TABLE 2

Permissible Exposure Levels of Impulsive or impact Noise

Notes:— 1. No exposure in excess of 140 dB peak sound pressure level is permitted.

(3)     (1) For any peak sound pressure level falling in between any figure and the next higher or lower figure as indicated in column 1, the permitted number of impulses or impacts per day is to be determined by extrapolation on a proportionate basis.

(2) For the purposes of this Schedule, if the variations in the noise level involve at intervals of one second or less the noise is to be considered as a continuous one and the criteria given in Table 1, would apply. In other cases, the noise is to be considered as impulsive of impact noise and the criteria given in Table 2 would apply.

(3) When the daily exposure is composed of two or more periods of noise exposure at different levels their combined effect should be considered, rather than the individual effect of each. The mixed exposure should be considered to exceed the limit value if the sum of the fractions C1 + C2......Cn / T1 +T2 Tn exceeds unity—Where the C1, C2 etc. indicate the total time of actual exposure at a specified noise level and T1, T2 etc. denote the time of exposure permissible at that level. Noise exposure of less than 90 dBA may be ignored in the above calculation.

(4) Where it is not possible to reduce the noise exposure to the levels specified in sub-rule (1) by reasonably practicable engineering control or administrative measures, the noise exposure shall be reduced to the greatest extent feasible by such control measures, and each worker so exposed shall be provided with suitable ear protectors so as to reduce the exposure to noise to the levels specified in sub rule (1).

(5) Where the ear protectors provided in accordance with sub-paragraph (2) and worn by a worker cannot still attenuate the noise reaching near his ear, as determined by subtracting the attenuation value in dBA of the ear protectors concerned from the measured sound pressure level, to a level permissible under Table 1 or Table 2 as the case may be, the noise exposure period shall be suitably reduced to correspond to the permissible noise exposures specified in sub-paragraph (1).

(6)(a) In all case where the prevailing sound levels exceed the permissible levels specified in sub-paragraph (1) there shall be administered an effective hearing conservation programme which shall include among other hearing conservation measures, pre-employment and periodical auditory surveys conducted on workers exposed to noise exceeding the permissible levels, and rehabilitation of such workers either by reducing the exposure to the noise levels or by transferring them to places where noise levels are relatively less or by any other suitable means.

(b) Every worker employed in areas where the noise exceeds the maximum permissible exposure levels specified in sub-rule (1) shall be subjected to an auditory examination by a Certifying Surgeon within 14 days of his first employment and thereafter, shall be re-examined at least once in every 12 months. Such initial and periodical examinations shall include tests which the Certifying Surgeon may consider appropriate, and shall include determination of auditory threshold for pure tones of 125, 250, 500, 1000, 2000, 4000 and 8000 cycles per second.

[68]SCHEDULE XXIV

Highly Flammable Liquids and Flammable Compressed Gases

(1)    Application.

These rules will be applicable to all factories where highly flammable liquids or flammable compressed gases are manufactured, stored, handled or used.

(2)    Definition.

For the purpose of this schedule—

(a)      "highly flammable liquid" means any liquid including its solution, emulsion or suspension which when tested in a manner specified by sections 14 and 15 of the Petroleum Act, 1934, (30 of 1934) gives off flammable vapours at a temperature less than 32 degrees centigrade;

(b)      "flammable compressed gas" means flammable compressed gas as defined in section 2 of the Static and Mobile Pressure Vessels (Unfired) Rules, 1981 framed under the Explosives Act, 1884.

(3)    Storage.

(1)     Every flammable liquid or flammable compressed gas used in every factory shall be stored in suitable fixed storage tank, or in suitable closed vessel located in a safe position under the ground, in the open or in a store room of adequate fire resistant construction.

(2)     Except as necessary for use, operation or maintenance, every vessel or tank which contains or had contained a highly flammable liquid or flammable compressed gas shall be always kept closed and all reasonable practicable steps shall be taken to contain or immediately drain off to a suitable container any spill or beak that may occur.

(3)     Every container, vessel, tank, cylinder, or store room used for storing highly flammable liquid or flammable compressed gas shall be clearly and in bold letters marked "Danger-Highly Flammable Liquid" or "Danger-Flammable Compressed Gas."

(4)    Enclosed Systems for Conveying Highly Flammable Liquids.

Wherever it is reasonably practicable, highly flammable liquids shall be conveyed within a factory in totally enclosed systems consisting of pipe lines, pumps and similar appliances from the storage tank or vessel to the point of use. Such enclosed systems shall be so designed, installed, operated and maintained as to avoid leakage or the risk or spilling.

(5)    Preventing Formation of Flammable Mixture with Air.

Wherever there is a possibility for leakage or spills of highly flammable liquid or flammable compressed gas from an equipment, pipe line, valve, joint or other part of a system, all practicable measures shall be taken to contain, drain off or dilute such spills of leakage as to prevent formation of flammable mixture with air.

(6)    Prevention of Ignition.

(1)     In every room, work place or other location where highly flammable liquid or flammable combustible gas is stored, conveyed, handled or used or where there is danger of fire or explosion from accumulation of highly flammable liquid or flammable compressed gas in air, all practicable measures shall he taken to exclude the sources of ignition. Such precautions shall include the following—

(a)      All electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition.

(b)      effective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent

(c)      No person shall wear or be allowed to wear any foot wear having iron or steel nails or any other exposed ferrous materials which is likely to cause sparks by friction;

(d)      smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited.

(e)      transmission belts with iron fasteners shall not be used; and (f) all other precautions, as are reasonaly practicable, shall be taken to prevent initiation of ignition from all other possible sources such as open flames, frictional sparks, overheated surfaces of machinery or plant, chemical or physical-chemical reaction and radiation heat

(7)    Prohibition of smoking.

No person shall smoke in any place where highly flammable liquid or flammable compressed gas is present in circumstances that smoking would give rise to a risk of fire. The occupier shall take all practicable measures to ensure compliance with this requirement including display of a bold notice indicating prohibition of smoking at every place where this requirement applies.

(8)    Fire Fighting.

In every factory where highly flammable liquid or flammable compressed gas is manufactured, stored, handled or used, appropriate and adequate means of fighting a fire shall be provided. The adequacy and suitability of such means which expression includes the fixed and portable fire extinguishing systems, extinguishing material, procedures and the process of fire fighting, shall be to the standards and levels prescribed by the Indian Standards applicable, and in any case not inferior to the stipulations under the relevant Fire Safety Rules 69.

(9)    Exemptions.

If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time, except such conditions, if any, as he may specify therein.

SCHEDULE XXV

Operations in Foundries

(1)    Application.

Provision of this schedule shall apply to all parts of factories where any of the following operations or processes are carried on:

(a)      the production of iron castings or, as the case may be steel castings by casting in moulds made of sand, loam, moulding composition or other mixture of materials, or by shell moulding, or by centrifugal casting and any process incidental to such production;

(b)      the production of non-ferrous castings by casting metal in moulds of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell mouldings, die-casting (including pressure die-casting), centrifugal casting or continuous casting and any process incidental to such production; and

(c)      the melting and casting of non-ferrous metal for the production of ingots, billets, slabs or other similar products, and the stripping thereof;

but shall not apply with respect to—

(a)      any process with respect to the smelting and manufacture of lead and the Electric Accumulators;

(b)      any process for the purposes of a printing works; or

(c)      any smelting process in which metal is obtained by a reducing operation or any process incidental to such operation; or

(d)      the production of steel in the form of ingots; or

(e)      any process in the course of the manufacture of solder or any process incidental to such manufacture; or

(f)       the melting and casting of lead or any lead-based alloy for the production of ingots, billets, slabs or other similar products or the stripping thereof, or any process incidental to such melting, casting or stripping.

(2)    Definition.

For the purpose of this schedule—

(a)      "approved respirator" means a respirator of a type approved by the Chief Inspector,

(b)      "cupola or furnace" includes a receiver associated therewith;

(c)      "dressing or fettling operations" includes stripping and other removal of adherent sand, cores, runners, risers, flash and other surplus metal from a casting and production of reasonably clean and smooth surface, but does not include (a) the removal of metal from a casting when performed incidentally in connection with machining or assembling of castings after they have been dressed or feruled, or (b) any operation which is knock-out operation within the meaning of this schedule.

(d)      "foundry" means those parts of a factory in which the production of iron or steel or non-ferrous casting (not being the production of pig iron or the production of steel in the form of ingots) is carried on by casting in moulds made of sand, loam, moulding composition or other mixture of materials, or by shell moulding or by centrifugal casting in metal moulds lined with sand, or the casting including pressure die castings, together with any part of the factory in which any of the following processes are carried on as incidental processes in connection with and in the course of, such production, namely the preparation and mixing of materials used in foundry process, the preparation of moulds and cores, knock-out operations and dressing or fettling operations;

(e)      "knock-out operations" means all methods of removing castings from moulds and the following operations, when done in connection therewith, namely, stripping, coring-out and the removal of runners and risers;

(f)       "pouring aisle" means an aisle leading from a main gangway or directly from a cupola or furnace to where metal is poured into moulds.

(3)    Prohibition of use of certain materials as parting materials.

(1)     A material shall not be used as a parting material if it is a material containing compounds of silicon calculated as silica to the extent more than 5 per cent by weight of the dry material:

Provided that this prohibition shall not prevent the following being used as a parting material if the material does not contain an admixture of any other silica—

(a)      Zirconium silicate (Zircon)

(b)      Calcined china clay

(c)      Calcined aluminous fireclay

(d)      Sillimanite

(e)      Calcined or fused alumina

(f)       Olivine

(g)      Natural sand

(2)     Dust or other matter deposited from a fettling or blasting process shall not be used as a parting material or as a constituent in a parting material.

(4)    Arrangement and storage.

For the purposes of promoting safety and cleanliness in work-rooms the following requirements shall be observed:—

(a)      moulding boxes, loam plates, ladles, patterns, pattern plates, frames, boards, box weights, and other heavy articles shall be so arranged and placed as to enable work to be carried on without unnecessary risk;

(b)      suitable and conveniently accessible racks, bins or other receptacles shall be provided and used for the storage of other gear and tools;

(c)      Where there is bulk storage of sand, fuel, metal scrap or other materials or residues, suitable bins bunkers or other receptacles shall be provided for the purpose of such storage.

(5)    Construction of Floors.

(1)     Floors of indoor workplaces in which the processes are carried on, other than parts which are of sand, shall have an even surface of hard material.

(2)     No part of the floor of any such indoor workplace shall be of sand except where this is necessary by reason of the work done.

(3)     All parts of the surface of the floor of any such indoor workplace which are of sand shall, so far as practicable, be maintained in an even and firm condition.

(6)    Cleanliness of indoor workplaces.

(1)     All accessible parts of the walls of every indoor workplace in which the processes are carried on and of everything affixed to those wall shall be effectively cleaned by a suitable method to a height of not less than 7.2 metres from the floor at least once in every period of fourteen months. A record of the carrying out of every such effective cleaning in pursuance of this paragraph including the date (which shall be not less than five months nor more than nine months after the last immediately preceding washing, cleaning or other treatment).

(2)     Effective cleaning by a suitable method shall be carried out at least once every working day of all accessible parts of the floor of every indoor workplace in which the processes are carried on, other than parts which are of sand; and the parts which are of sand shall be kept in good order.

(7)    Manual operations involving molten metal.

(1)     There shall be provided and properly maintained for all persons employed on manual operations involving molten metal with which they are liable to be splashed, a working space for that operation—

(a)      which is adequate for the safe performance of the work; and

(b)      which, so far as reasonably practicable, is kept free from obstruction.

(2)     Any operation involving the carrying by hand of a container holding molten metal shall be performed on a floor all parts of which where any person walks while engaged in the operation shall be on the same level.

Provided that, where necessary to enable the operation to be performed without undue risk, nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a different level from the floor1, being a space provided with a safe means of access from the floor for any person while engaged in the operation.

(8)    Gangways and pouring aisles.

(1)     In every workroom to which this paragraph applies, constructed or reconstructed or converted for use as such after the making of this schedule and so far as reasonably practicable, in every other work-room to which this paragraph applies, sufficient and clearly defined main gangway shall be provided and properly maintained which—

(a)      shall have an even surface of hard material and shall, in particular, not be for carrying molten metal shall be—

                                                              (i)          where truck ladles are used exclusively, at least 600 millimeters wider than the overall width of the ladle;

                                                             (ii)         where hand shanks are carried by not more than two men, at least 920 millimetres in width;

                                                            (iii)         where hand shanks are carried by more than two men, at least 1.2 metres in width; and

                                                            (iv)        where used for simultaneous travel in both directions by men carrying hand shanks, at least 1.8 meters in width.

(2)     In work-room to which this paragraph applies constructed, reconstructed or converted for use as such after the making of this Schedule, sufficient and clearly defined pouring aisles shall be provided and properly maintained which—

(a)      shall have an even surface of hard material and shall, in particular, not be of sand or have on them more sand than is necessary to avoid risk of flying metal from accidental spillage;

(b)      shall be kept so far as reasonably practicable free from obstruction;

(c)      if molten metal is carried in hand ladles by not more than two men per ladle, shall be at least 460 millimeters wide, but where any moulds alongside the aisle are more than 510 millimeters above the floor of the aisle, the aisle shall be not less than 600 millimeters wide;

(d)      if molten metal is carried in hand ladles or bulk ladles by more than two men per ladle, shall be at least 760 millimeters wide; and

(e)      if molten metal is carried in crane, trolley or truck ladles, shall be of a width, adequate for the same performance of the work.

(3)     Requirements of sub-paragraphs (1) and (2) shall not apply to any work-room or part of a work-room if, by reason of the nature of the work done therein, the floor of that work-room or, as the case may be, that part of a work-room has to be of sand.

(4)     In this paragraph "work-room to which this paragraph applies" means a part of a ferrous or non-ferrous foundry in which molten metal is transported or used, and a work-room to which this paragraph applies shall be deemed for the purposes of this paragraph to have been constructed, reconstructed or converted for use as such after the making of this schedule if the construction, reconstruction or conversion thereof was begun after the making of this schedule.

(9)    Work near cupolas and furnaces.

No person shall carry out any work within a distance of 4 metres from a vertical line passing through the delivery end of any spout of a cupola or furnace, being a spout used for delivering molten metal, or within a distance of 2.4 metres from a vertical line passing through the nearest part of any ladle which is in position at the end of such a spout, except, in either case, where it is necessary for the proper use of maintenance of a cupola or furnace that work should be carried our within that distance of that work his being carried out at such a time and under such conditions that there is no danger to the person carrying it out form molten metal which is being obtained from the cupola or furnace or is in a ladle in position at the end of the spout.

(10) Dust and fumes.

(1)     Open coal, coke or wood fires shall not be used for heating or drying ladles inside a work-room unless adequate measures are taken to prevent, so far as practicable, fumes or other impurities from entering into or remaining in the atmosphere of the work-room.

(2)     No open coal, coke or wood fires shall be used for drying moulds except in circumstances in which the use of such fires is unavoidable.

(3)     Mould stoves, core-stoves and annealing furnaces shall be so designed constructed, maintained and worked as to prevent, so far as practicable, offensive or injurious, fumes from entering into any work-room during any period when a person is employed therein.

(4)     All knock-out operations shall be carried out—

(a)      in a separate part of the foundry suitably partitioned off, being a room or part in which, so far as reasonably practicable, effective and suitable local exhaust ventilation and a high standard of general ventilation are provided; or

(b)      in an area of the foundry in which, so far as reasonably practicable, effective and suitable local exhaust ventilation is provided or where compliance with this requirement is not reasonably practicable, a high standard of general ventilation is provided.

(5)     All dressing or fettling operations shall be carried out—

(a)      in a separate room or in a separate part of the foundry suitably partitioned of; or

(b)      in an area of the foundry set apart for the purpose, and shall, so far as reasonably practicable, be carried out with effective and suitable local exhaust ventilation or other equally effective means of suppressing dust, operating as near as possible to the point of origin of the dust.

(11) Maintenance and examination of exhaust plant

(1)     All ventilator plants used for the purpose of extracting, suppressing or controlling dust or fumes shall be properly maintained.

(2)     All ventilating plants used for the purpose of extracting, suppressing or controlling dust or fumes shall be examined and inspected once every week by a responsible person. It shall be thoroughly examined and tested by a competent person at least once in every period of twelve months; and particulars of the results of every such examination and test shall be entered in an approved register which shall be available for inspection by an Inspector. Any defect found on any such examination and test shall be immediately reported in writing by the persons carrying out the examination and test to the occupier or manager of the factory.

(12) Protective equipment

(1)     The Occupier shall provide and maintain suitable protective equipment specified for the protection of workers—

(a)      suitable gloves or other protection for the hands for workers engaged in handling any hot material likely to cause damage to the, hands by burn, scale or scar, or in handling the pig iron, rough castings or other articles likely to cause damage to hands by cut or abrasion;

(b)      approved respirators for workers carrying out any operations creating a heavy dust concentration which cannot be dispelled quickly and effectively by the existing ventilation arrangements.

(2)     No respirator provided for the purposes of clause 1(b) has been worn by a person shall be worn by another person if it has not since been thoroughly cleaned and disinfected.

(3)     Persons who for any of their time—

(a)      work at a spout of or attend to, a cupola or furnace in such circumstances that material therefrom may come into contact with the body, being material at such a temperature that its contact with the body would cause a burn; or

(b)      are engaged in, or in assisting with, the pouring of molten metal; or

(c)      carry by band or move by manual power any ladle, or mould containing molten metal; or

(d)      are engaged in knocking out operations involving material at such a temperatore that its contact with the body would cause a burn;

shall be provided with suitable footwear and gaiters which worn by them prevent, so far as reasonably practicable, risk or burns of his feet and ankles.

(4)     Where appropriate, suitable screens shall be provided for protection against flying materials (including splashes of molten metal and sparks and chips thrown off in the course of any process).

(5)     The occupier shall provide and maintain suitable accommodation for the storage and make adequate arrangements for cleaning and maintenance of the protective equipment supplied in pursuance of this paragraph.

(6)     Every person shall make full and proper use of the equipment provided for his protection in pursuance of sub-paragraphs (1) and (4) and shall without delay report to the occupier, manager or other appropriate person any defect in, or loss of, the same.

(13) Washing and bathing facilities.

(1)     There shall be provided and maintained in clean state and good repair for the use of all workers employed in the foundry—

(a)      a wash place under cover with either—

                                                              (i)          a trough with impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 centimeters for every 10 such persons employed at any one time and having a constant supply of clean water from taps or jets above the trough at intervals of not more than 60 centimeters; or

                                                             (ii)         at least one tap or stand pipe for every 10 such persons employed at any one time and having a constant supply of clean water the tap or stand pipe being spaced not less than 1.2 meters apart; and

(b)      Not less than one half of the total number of washing places provided under clause (a) shall be in the form of both rooms;

(c)      a sufficient supply of clean towels made of suitable material changed daily, with sufficient supply of nail brushes and soap.

(2)     The facilities provided for the purposes of sub-paragraph (1) shall be placed in charge of a responsible person or persons and maintained in able receptacles.

(14) Disposal of dross and skimmings.

Dross and skimmings removed from molten metal or taken from a furnace shall be placed forthwith in suitable receptacles.

(15) Disposal of waste.

Appropriate measures shall be taken for the disposal of all waste products form shall moulding (including waste burnt and) as soon as reasonably practicable after the castings have been knocked-out

(16) Material and equipment left out of doors.

All materials and equipment left out of doors (including material) and equipment so left only temporarily or occasionally shall be so arranged and placed as to avoid unnecessary risk. There shall be safe means of access to all such material and equipment and, so far as reasonably practicable, such access shall be by roadways or pathways which shall be properly maintained. Such roadways or pathways shall have a firm and even surface and shall so far as reasonably practicable be kept free from obstruction.

(17) Medical facilities and records of examinations and tests.

(1)     The occupier of every factory to which the Schedule applies, shall—

(a)      employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and

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

(2)     The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.

(18) Medical examination by the Certifying Surgeon.

(1)     Every worker employed in a foundry shall be examined by a Certifying Surgeon within 15 days of his first employment. Such medical examination shall include pulmonary function tests and chest X-ray. No workers shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon.

(2)     Every worker employed in the said processes shall be examined by a Certifying Surgeon at least once in every twelve months. Such examination shall, whenever the Certifying Surgeon considers appropriate, include all the tests as specified in subparagraph (1) except chest X-ray which will be once in 3 years.

(3)     The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form S. 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 sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 17.

(4)     The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.

(5)     If at any time the Certifying Surgeon 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. The person so suspended from the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall by suitably rehabilitated.

(6)     No person who has been found unfit to work as said in sub-paragraph (S) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.

(19) Exemption.

If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes of for any other reason, all or any of the provisions of this schedule is not necessary for all protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at 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.

SCHEDULE XXVI

Manipulation of stone or Any Other Material Containing Free Silica

(1)    Application.

This schedule shall apply to all factories or parts of factories in which manipulation of stone or any other material containing free silica is carried on.

(2)    Definitions.

For the purpose of this Schedule—

(a)      "Manipulation" means crushing, breaking, chipping dressing, grinding, sieving, mixing, grading or handling of stone or any other material containing free silica or any other operation involving such stone or material;

(b)      "stone or any other material containing free silica" means a stone or any other solid material containing not less than 5% by weight of free silica.

(3)    Precautions in manipulation.

No manipulation shall be carried out in a factory or part of a factory unless one or more of the following measures, namely:—

(a)      damping the stone or other material being processed;

(b)      providing water spray;

(c)      enclosing the process;

(d)      isolating the process; and

(e)      providing localized exhaust ventilation.

are adopted so as to effectively control the dust in any place in the factory when any person is employed, at a level equal or below the maximum permissible level for silica dust as laid down in Table 2 appended to

Provided that such measures as above said are not necessary if the process or operation itself is such that the level of dust created and prevailing does not exceed the permissible level referred to.

(4)    Maintenance of floors.

(1)     All floors or places where fine dust is likely to settle on and whereon any person has to work or pass shall be of impervious material and maintained in such condition that they can be thoroughly cleaned by a moist method or any other method which would prevent dust being airborne in the process of cleaning.

(2)     The surface of every floor of every work-room or place where any work is carried on where any person has to pass during the course of his work shall be cleaned of dust once at least during each shift after being sprayed with water or by any other suitable method so as to prevent dust being airborne in the process of cleaning.

(5)    Prohibition relating young persons.

No young persons shall be employed or permitted to work in any. of the operations involving manipulations or at any place where such operations are carried out

(6)    Medical facilities and records of examinations and teats.

(1)     The occupier of every factory to which the Schedule applies, shall—

(a)      employ a qualified medical officer for medical surveillance of the woken employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and

(b)      provide to the said medical officer all the necessary facilities for the purpose referred to in clause (1).

(2)     the record of medical examination and appropriate tests carried out by the said medical officer shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the inspector.

(7)    Medical examination by Certifying Surgeon.

(1)     Every worker employed in the processes specified in paragraph-1, shall be examined by a Certifying Surgeon within 15 days of his first employment Such medical examination shall include pulmonary function tests and chest X-ray. No worker shall be allowed to work after 15 days of certified fit for such employment by the Certifying Surgeon.

(2)     Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every twelve months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests as specified in subparagraph (1) except chest X-ray which will be once in 3 years.

(3)     The Certifying Surgeon after examining a worker, shall issue a certificate of Fitness in Form 5. The record of 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 sub-paragraphs (1) and (2), including the nature and the results of tests, shall also be entered by the Certifying Surgeon in a health register in Form 17.

(4)     The Certificate of fitness and the health register shall be kept readily available for inspection by the Inspector.

(5)     If at any time the Certifying Surgeon 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 shall also include the period for which he considers that the said person is unfit for work in the said processes.

(8)    Exemptions.

If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector 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.

Rule 95A.

Permissible levels of certain chemical substances in work environment without prejudice to the requirements in any other provisions in the Act or the Rules, the requirements specified in the Schedule below, shall apply to all factories.

SCHEDULE

(1)    Definition.

For the purpose of this schedule—

(a)      "mg/m3", means milligrams of a substance per cubic meter of air;

(b)      "mppcum" means million particles of a substances per cubic meter of air;

(c)      "ppm" means parts of vapour or gas per million parts of air by volume at 25°C and 760 mm of mercury pressure;

(d)      "Time weighted average concentration" means the average concentration of a substance in the air at any work location in a factory computed from evaluation of adequate number of air samples taken at that location, spread over the entire shift on any day, after giving weightage to the duration for which each such sample is collected and the concentration prevailing at the time of taking the sample.

Time weighted average

Concentration = C1T1 + C2T2 +.....CaTa

Concentration =T1 + T2 +........Ta

where C1, represents the concentration of the substance for duration T1 (in hours); 

C2 represents the concentration of the substance for duration T2 (in hours); and Ca represents the concentration of the substance for duration Ta (in hours).

(e)      "work location" means a location in a factory at which worker works or may be required to work at any time during any shift on any day.

(2)    Limits of concentrations of substances at work location.

(1)     The time weighted average concentration of any substance listed in Table 1 or 2 of the schedule, at any work location in a factory during any shift on any day shall not exceed the limit of the permissible time weighted average concentration specified in respect of that substance:

Provided that in the case of a substance mentioned in Table in respect of which a limit in terms of short term maximum concentration is indicated, the concentration of such a substance may exceed the permissible limit of the two weighted average concentration for the substance for short periods not exceeding 15 minutes at a time, subject to the conditions that—

(a)      Such periods during which the concentration exceeds the prescribed time weighted average concentration are restricted to not more than 4 per shift;

(b)      The time interval between any two such periods of higher exposure shall not be less than 60 minutes; and

(c)      At no time the concentration of the substance in the air shall exceed the limit of short term maximum concentration.

(2)     In the case of any substance given in Table 3, the concentration of the substance at any work location in a factory at any time during any day shall exceed the limit of exposure for that substance specified in the table.

(3)     In the case where the work "skin" has been indicated against certain substances mentioned in Tables 1 and 3, appropriate measures shall be taken to prevent absorption through cutaneous routes particularly slim, mucous membrane and eyes as the limits specified in these Tables are for conditions where the exposure is only through respiratory tract

(4)     (a) In case, the air of any work location contains a mixture of such substances mentioned in Tables 1, 2 or 3 which have similar toxic properties, the time weighted concentration of each of these substances during the shift should be such, that when these time weighted concentration divided by the respective permissible time weighted average concentration specified in the above mentioned tables, and the fractions obtained are added together, the total shall not exceed unity.

i.e. c1+ c2+.......ca/L1 + L2+........La

should not exceed unity.

where C1, C2.....Ca are the time weighted concentration of toxic substances 1,2........and

n respectively, determined after measurement at work location.

and L1 L2........La are the permissible time weighted average concentration of the toxic substances 1,2,........and n respectively.

(b) In case the air at any work location contains a mixture of substances, mentioned in Tables 1, 2 or 3, and these do not have similar toxic properties, then the time weighted concentration of each of these substances shall not exceed the permissible time weighted average concentration specified in the above mentioned Tables, for that particular substance.

(c) The requirement in clauses (a) and (b) shall be in addition to the requirement in paragraphs 2(1) and 2(2).

(3)    Sampling and evaluation procedures.

(1)     Notwithstanding provisions in any other paragraphs, the sampling and evaluation procedures to be adopted for checking compliance with the provisions in the schedule shall be as per standard procedures in vogue from time to time.

(2)     Notwithstanding the provisions in paragraph 5, the following conditions regarding the sampling and evaluation procedures relevant to checking compliance with the provisions in this schedule are specified—

(a)      for determination of the number of particles per cubic metre in item 1(a)(i)(1) in Table 2, samples are to be collected by standard or midget imipinger and the counts made by light-field technique.

(b)      The percentage of quartz in the 3 formula given in item 1(a)(i) in Table 2 is to be determined from air born samples.

(c)      For determination of number of fibres as specified in item 2(a) of Table 2, the membrane filter method at 430 phase contract should be used.

(d)      Both for determination of concentration and percentage of quartz for use of the formula given in item 1(a)(i)(2) of Table 2, the fraction passing through a size selector with the following characteristics should only be considered.

(4)    Power to require assessment of concentration of substances.

(1)     An Inspector may, by an order in writing, direct the occupier or manager of a factory to get before any specified date, the assessment of the time weighted average concentration at any work location of any of the substances mentioned in Tables 1, 2 and 3 carried out

(2)     The results of such assessment as well as the method followed for air sampling and analysis for such assessment shall be sent to the Inspector within 3 days from the date of completion of such assessment and also a record of the same kept readily available for inspection by an Inspector.

(5)    Exemption.

If in respect of any factory or a part of a factory, the Chief Inspector is satisfied that, by virtue of the pattern of working time of the workers at different work locations or on account of other circumstances, no worker is exposed, in the air at the work locations, to a substance or substances specified in tables 1,2 or 3 to such an extent as is likely to be injurious to his health, he (the Chief Inspector) may by an order in writing exempt the factory or a part of the factory from the requirements in paragraph 2, subject to such conditions, if any as he may specify therein.

Table 1

TABLE 2

TABLE 3

(Rule 96 prescribed under Section 38 and 88A)

Rule 96. Notification of accidents and dangerous occurrences.

(1)     When any accident which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death or any dangerous occurrence specified in the Schedule takes place in a factory, the manager of the factory shall forth-with send a notice thereof by telephone, special messenger or telegram to the Inspector and the Chief Inspector.

(2)     When any accident or any dangerous occurrence specified in the Schedule, which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, takes place in a factory, notice as mentioned in sub-rule (i) shall be sent also to:—

(a)      the District Magistrate or Sub-Divisional Officer.

(b)      the officer in charge of the nearest police station, and

(c)      the relatives of the injured or deceased person.

(3)     Any notice given as required under sub-rules (1) and (2) shall be confirmed by the manager of the factory to the authorities mentioned in these sub-rules within 12 hours of the accident or the dangerous occurrence by sending the Written report in Form No. 18 in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in Form 18-A in the case of dangerous occurrence which has not resulted in any bodily injury to any person.

(4)     When any accident or dangerous occurrence specified in the Schedule takes place in a factory and it causes such bodily injury to any person and prevents the person injured from working for a period of 48 hours or more immediately following the accident or the dangerous occurrence, as the case may be, the manager of the factory shall send a report thereof to the Inspector in Form No. 18 within 24 hours after the expiry of 48 hours from the time of the accident or the dangerous occurrence.

Provided that if in the case of any accident or dangerous occurrence death occurs of any person injured by such accident or dangerous occurrence after the notices and reports referred to in the foregoing sub-rules have been sent the manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within 12 hours of the death.

Provided further, that, if the period of disability from working for 48 hours or more referred to in sub-rule (4) does not occur immediately following the accident, or the dangerous occurrence, but later on occurs in more than one spell, the report referred to shall be sent to the Inspector in the prescribed Form 18 within 24 hours immediately following the hour when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours.

SCHEDULE

The following classes of dangerous occurrence, whether or not they are attended by personal injury disablement:—

(a)      bursting of a plant used for containing or supplying steam under pressure greater than atmospheric pressure.

(b)      Collapse or failure of a crane, derrick, which hoist or other appliances used in raising or lowering persons or goods, or any part thereof, Or the overturning of a crane.

(c)      Explosion, fire, bursting out leakage or escape of any molten metal, or hot liquor or gas causing bodily injury to any person or damage to any room or place in which persons are employed or fire in rooms or cotton pressing factories when a cotton opener is in use.

(d)      Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.

(e)      Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wait, building or any other structure.

Rule prescribed under Section 89

Rule 97. Notice of poisoning or disease.

A notice in Form No. 19 should be sent forthwith both to the Chief Inspector and to the Certifying Surgeon, the Manager of a factory in which there occurs a case of lead, phosphorus, mercury, manganese, arsenic, carbon bisulphide or benzene poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series, or of chrome ulceration, anthrax silicosis toxic anaemia, toxic jaundice primary opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radio active substances or X-rays.

CHAPTER X Supplemental

Rule prescribed under Section 107

Rule 98. Procedure in appeals.

(1)     An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against is an order passed by that officer, to the Chief Commissioner or to such authority as the Chief Commissioner may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court fee strips in accordance with Article 11 of Schedule II to the Court-fee Act, 1870, and shall be accompanied by a copy of the order appealed against

(2)     Appointment of assessors.

On receipt of the memorandum of appeal the appellate authority shall if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

(3)     The appellant, shall state in the memorandum presented under sub-rule (1) whether he is a member of one or more of the following bodies:—

The body empowered to appoint the assessor shall:—

(a)      if the appellant is a member of one of such bodies, be that body;

(b)      if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor; and

(c)      if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body which the appellate authority considers as the best fitted to represent the industry concerned.

Name of bodies

1. The Delhi Factory Owners Federation, New Delhi.

2....................................................

3....................................................

(4) Remuneration of assessors.

An assessor appointed in accordance with the provisions of sub-rule (2) and (3) shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per them. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by Government, but where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or partly against him the appellate authority may direct that the fees and travelling expenses of the assessor shall be paid in whole or in part by the appellant

Rule prescribed under Section 108

Rule 99. Display of notices.

The abstract of the Act and of the Rules required to be displayed in every factory shall be in Form No. 20.

Rules prescribed under Section 110

Rule 100. Return.

The occupier or manager of every factory shall furnish to the Chief Inspector or any other officer designated by the Chief Commissioner in this behalf the following returns, namely:—

(1)     Annual return.

On or before the 15 January of each year an annual return, in duplicate, in form No. 21 relating to the following matters:—

(a)      Average number of workers employed daily and normal hours worked per week

(b)      Leave with wages;

(c)      Compensatory holidays;

(cc) Accident;

(d)      Canteens in the case of factories notified by the Chief Commissioner, wherein more than 250 workers are ordinarily employed;

(e)      Creches in the case of factories wherein more than 50 women workers are ordinarily employed.

(f)       Shelters, rest rooms and lunch rooms in the case of factories wherein more than 150 workers are ordinarily employed;

(g)      Welfare officer in the case of factories wherein 500 workers or more are ordinarily employed.

(2)     Annual return of holidays.

Before the end of each year, a return giving notice of all the days on which it is intended to close the factory during the next ensuing year. This return shall be submitted whether the factory is working or is not working during the year preceding the year to which the return relates:

Provided that the Chief Commissioner may dispense with this return in the case of any specified factory or any class of factories or of factories in any particular area:

Provided further that where the manager of any factory makes any departure from the list of holidays, as aforesaid, prior intimation shall be given to the Chief Inspector:

Provided also that in the Case of a factory in which work is carried on only during certain period or periods of the year the manager shall if so required by the Chief Commissioner, or if the Chief Commissioner directs, through the Chief Inspector, submit the usual or half yearly return, as the case of the last of those periods in the year, as the case may be.

(3)     Half-yearly return.

On or before the 15th January and 15th July of each year, a half-yearly return, in duplicate, in Form No. 22.

Rule prescribed under Section 109

Rule 101. Service of notices.

The despatch by post under registered cover of any notice or order shall be deemed sufficient service on the occupier, owner or manager of a factory of such notice or order.

Rules 102 to 106 prescribed under Section 112

Rule 102. Information required by the Inspector.

The occupier, owner or manager of a factory shall furnish any information that an Inspection may require for the purpose of satisfying himself whether any provision has been duly carried out Any demand by an Inspector, for any such information, if made, during the course of an inspection shall be complied with forthwith if the information is available in the factory or, if made in writing, shall be complied with within seven days of receipt thereof.

Rule 103. Muster-roll.

The manager of every factory shall maintain a muster-roll of all the workers employed in the Factory in Form No. 26 showing (a) the name of each worker;

(c)      the nature of the work and;

(d)      the daily attendance of the worker

Provided that, if the daily attendance is noted in the Register of Adult Workers in Form No. 12 or the particulars required under this rule noted in any other register, a separate muster roll required under this rule need not be maintained.

Rule 104. Register of accidents and dangerous occurrences.

The Manager of every factory shall maintain a Register of all accidents and dangerous occurrences which occur in the factory in Form No. 27.

Rule 105. Maintenance of Inspection book.

The Manager of every factory shall maintain a bound inspection book and shall produce it when so required by the Inspector or Certifying Surgeon.

Rule 106. Information regarding closure of factories.

The Occupier or Manager of every factory shall report in writing in the Inspector any intended closure of the factory or any section or department thereof, immediately it is decided to do so, intimating the reasons for the closure, the number of workers on the register on the date of the report, the number of workers likely to be affected by the closure and the probable period of the closure. An intimation shall also be sent to the Inspector as soon as the factory or section or department of the factory as the case may be, starts working again.