Rule
prescribed under section 87
120. Dangerous manufacturing processes or
operations
121. Notification of accidents and dangerous
occurrences
122. Notice of poisoning or disease
120. Dangerous
manufacturing processes or operations
(1)
The following manufacturing processes or operations when carried on in any factory are declared to be dangerous
manufacturing processes or operations under section 87: -
i.
Manufacture of aerated water and processes incidental
thereto.
ii.
Electrolytic plating or oxidation of metal articles
by use of an electrolyte containing acids, bases or salts of metals such as
chromium, nickel, cadmium, zinc, copper, silver, gold, etc.
iii.
Manufacture and repair of electric accumulators.
iv.
Glass Manufacture.
v.
Grinding or glazing of metals.
vi.
Manufacture and treatment of lead and certain
compounds of lead.
vii.
Generating petrol gas from petrol.
viii.
Cleaning or smoothing, roughening, etc. of articles
by a jet of sand, metal shot or grit or other abrasive propelled by a blast of
compressed air or steam.
ix.
Liming and tanning of raw hides and skins and
processes incidental thereto.
x.
Certain lead processes carried on in printing presses
and type foundries.
xi.
Manufacture of pottery.
xii.
Chemical works.
xiii.
Manipulation of stone or any other material
containing free silica.
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.
xv.
Handling or manipulation of corrosive substances.
xvi.
Processing of cashewnut.
xvii.
Compression of oxygen and hydrogen produced by the
electrolysis of water.
xviii.
Process of extracting oils and fats from vegetable
and animal sources in solvent extraction plants.
xix.
Manufacture or manipulation of manganese and its
compounds.
xx.
Manufacture or manipulation of dangerous pesticides.
xxi.
Manufacture, handling and usage of benzene and
substances containing benzene.
xxii.
Manufacturing process or operations in carbon
disulphide plants.
xxiii.
Manufacture or manipulation of carcinogenic dye
intermediates
xxiv.
Operations involving high noise levels.
xxv.
Manufacture of Rayon by Viscose Process.
xxvi.
Highly flammable liquids and flammable compressed
gases.
xxvii.
Foundry operations.
(2)
’First employment’ means employment for the first time in a hazardous
process or operation so notified under Section 87, or re-employment therein
after cessation of employment in such process or operation for a period
exceeding three calendar months.
(3)
The provisions specified in the
schedule given in Part II shall apply to any class or description of factories
wherein dangerous manufacturing processes or operations specified in each
schedule are carried on.
(4)
(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 Rs................... per
examination of each worker every time he is examined.
(b)
The fees prescribed in sub-rule (4) (a) shall be
exclusive of any charges for biological, radiological or other tests which may
have to be carried out in connection with the medical examinations. Such
charges shall be paid by the occupier.
(c)
The fees to be paid for medical examinations shall be
paid into the local treasury under the head of account ...................
(5)
Notwithstanding the provision specified in the schedules annexed to this
Rule, the Inspector may by issues of order in writing to the manager or
occupier or both, direct them to carry out such measures, and within such time,
as may be specified in such order with a view to removing conditions dangerous
to the health of the workers, or to suspend any process, where such process
constitutes, in the opinion of the Inspector, imminent danger of poisoning or
toxicity.
(6)
Any register or
record of medical examinations and
tests connected therewith
required to be carried out under any of the Schedules annexed hereto in respect
of any worker shall be kept readily available to the Inspector and shall be
preserved till the expiry of one year after the worker ceases to be in
employment of the factory.
Rule prescribed under sections 88
and 88A
121. 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 annexed hereto takes place in a factory, the manager of the factory
shall forthwith 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 annexed hereto, 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 (1) shall be sent also to :
(a) The District Magistrate or Sub-divisional
Officer;
(b) the officer in charge of the nearest
police stations; 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 them a written
report in Form 25 in the case of an accident or dangerous occurrence
causing death or bodily to any person
and in Form 26 in the case of a 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 as 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
25 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 an 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
forth with 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, or occurs in
more than one spell, the report referred to shall be sent to the Inspector in
the prescribed Form 25 within 24 Hours immediately following the hours when the actual total period of
disability from working resulting from
the accident or the dangerous occurrence becomes 48 hours.
The following classes of
dangerous occurrences, whether or not they are attended by personal injury or
disablement :
Rule prescribed under sub-section
(1) of Section 89
122. Notice
of poisoning or disease
A notice in
Form 27 should be sent forthwith both to the Chief Inspector and to the Certifying Surgeon, by the
manager of factory in which there occurs a case of lead, phosphorus, mercury,
manganese, arsenic, carbon bisulphide
or benzene poisoning; or of 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 epitheliomatous cancer of the skin, of pathological manifestations
due to radium or other radio-active substances or X-rays.