(Model Factories Rules 120 (MFR 120) under Section 87)
The following Manufacturing Process shall be considered as Manipulation of Stone or other material containing free Silica:
1. Stone Crushers
2. Gem and Jewellery
3. Slate Pencil Making
4. Agate Industry
5. Cement Industry
7. Glass Manufacturing
1. Application - This schedule shall apply to all factories or parts of factories in which the above said manufacturing activity 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. Preventive Control Measures
No manipulation shall be carried out in a factory or part of a factory unless the following preventive control measures are adopted, namely -
3(1) Engineering Control Measures
(1) Wet Methods:
(a) Airborne Silica Dust should be minimized or suppressed by applying water to the process or clean up;
(b) Water should be provided for drilling or sawing of concrete or masonry;
(a) An effective Local exhaust system should be provided and maintained to control/remove silica dust from industrial processes.
(b) Dilution/ventilation may be used to reduce free silica dust concentration to below the permissible limits in large areas.
(c) Dust collectors /HEPA filter should be set up so that dust shall be removed from the source and all transfer points to prevent contaminating work areas.
(d) Ventilation systems should be kept in good working conditions.
(a) Containment methods should be used while carrying out sand blasting.
(b) Cabins of vehicles or machinery cutting & drilling that might contain free silica should be enclosed and sealed.
(4) Dust Control:
(a) Vacuum System with High Efficiency Particle Air (HEPA) filter shall be used to remove dust from work areas and at all transfer points.
(b) The belt conveyors transferring crushed material shall be totally enclosed throughout its length.
Provided that such control 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 limit of exposure specified in the Second Schedule of the Act.
3(II) Medical Control Measures
(1) The occupier of every factory in which a worker employed in the processes specified in Sub Rule 1, shall ensure that every worker employed be examined by a Medical Inspector of Factories/ Certifying Surgeon within 15 days of his first employment. Such medical examination shall include pulmonary function test and chest X Ray - Posterior Anterior (PA) view to be compared with standard ILO Radiographs on Pneumoconiosis. 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 said processes shall be re-examined by a Certifying Surgeon at least once in every twelve months. Such re-examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests as specified in sub-paragraph (1) except chest X-ray which shall be read by a radiologist specialized/ trained in the field of reading ILO Radiographs on Pneumoconiosis and the chest x-ray which shall be carried out at least once in 3 years.
(3) Every worker employed in any of the aforesaid processes on the date on which the schedule comes into force shall be radiological examined by the qualified Radiologist at the cost of the occupier using a standard size x-ray plates and the power of the X Ray machine shall be more than 300 milli ampere (mA). The report of such X Ray shall be submitted to the Medical Inspector of Factories/ Certifying Surgeon/ Chief Inspector for within three months of the said date.
(4) If at any time the Medical Inspector of Factories/Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said process 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 these 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 fully is incapacitated in the opinion of the Certifying Surgeon, in which case the person affected shall be suitably rehabilitated.
(5) No person who has been found unfit to work as said in sub-paragraph (4) 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.
(6) If a worker already in employment and declared unfit by the Medical Inspector of Factories/Certifying Surgeon shall not be allowed to work on any of the processes specified in sub rule 1, unless he has been examined again along with standard size chest x-ray plate from a qualified Radiologist, at the cost of the occupier and has been certified to be fit to work on the said processes again.
(7) For the purpose of medical supervision by the medical practitioner/certifying surgeon so appointed by the occupier shall be provided for his exclusive use a room in the factory premises which shall be properly cleaned, adequately lighted ventilated and furnished with a screen, a table with office stationary, chairs and other facilities and other instruments including x-ray arrangements for such examinations and such other equipments as may be prescribed by the Chief Inspector for time to time. The medical practitioner so appointed shall perform the following duties
(a) maintain health register;
(b) undertake medical supervision of persons employed in the factory;
(c) look after health, education and rehabilitation of sick, injured or affected workers;
(d) carry out inspection of work rooms where dangerous operations are carried out and advise the management of the measures to be adopted for the protection of health of the workers employed therein
(8) The Health Records of the workers exposed to silicosis, shall be kept up to a minimum period of 40 years from the beginning of the employment or 15 years after retirement or cessation of the employment, whichever is later and shall be accessible to workers concerned or their representatives.
(9) The record of medical examinations and appropriate tests carried out by the said medical practitioner, a certificate of fitness and health shall be maintained in separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector and produce on demand.
3 (III) Administrative Control Measures
(1) Work place/ Environment Monitoring: The occupier to ensure work place/ environment monitoring to be performed to determine magnitude of exposure/ concentration to evaluate engineering controls, selecting respiratory protection, work practices and the need for medical surveillance.
a) Exposure/ concentration measurements should be made in the employee’s actual breathing zone.
b) Total sampling time shall be at least 7 hours.
c) Work place/ Environment Monitoring shall be repeated quarterly.
d) The report of dust sampling by occupier shall be made available to the public.
(2) Training/ Awareness: Workers shall be trained in the following:-
(a) Health effects of free silica dust exposure.
(b) Operations and material that produce free silica dust hazards.
(c) Engineering controls and work practice controls that reduce dust concentration.
(d) The importance of good housekeeping and cleanliness.
(e) Proper use of personal protective equipment such as respirators etc.
(f) Personal hygiene practices to reduce exposure.
(3) House Keeping: Maintenance of floors-
a) 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 once at least during each shift.
b) For this purpose Dry sweeping or compressed air shall be used for cleanup of dust or wet methods or vacuum system with a HEPA filter shall be used.
c) Dust on over head ledges and equipment should be removed before it becomes air borne due to vibration, traffic and random air current.
(4) Change room and washing facilities
(a) Washing and bathing facilities shall be conveniently located at a place easily accessible to the workers..
(b) Cloak room with individual lockers shall be provided for employees to store uncontaminated clothing.
(c) Workers shall take bath and change the work clothes before they leave the work site.
(d) Work clothes shall not be cleaned by blowing or shaking. .
(e) Eating/lunch areas shall be located away from exposed areas.
(5) Display of Notices:
(a) Warning signs/ Posters shall be displayed conspicuously in a prominent place.
(b) The warning signs/poster shall contain the Hazards and precautions to be taken.
(c) The display of notice shall be in the local language and also in the language understood by the majority of the workers.
(6) Personal Protective Equipment
The occupier of the every factory to which this schedule apply shall provide the following PPEs as per relevant National Standards or International Standards and as applicable to a given work place.
(a) Dust respirator.
(b) HEPA filter respirator or fume respirator.
(c) HEPA filter respirator with full face piece.
(d) Self contained breathing apparatus (SCBA)
(e) Supplied air respirator with a full face piece, helmet or hood.
(f) SCBA with full face piece.
(g) Powered air purifying respirator with a HEPA filter.
4 Prohibition relating young person's- No young person shall be employed or permitted to work in any of the operations involving manipulation or at any place where such operations are carried out.
5 (1) Exemptions - If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or in frequency 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.
(2) The notification of Silicosis and free silica related occupational diseases by Medical Practitioner /certifying surgeon should be strictly enforced and in case of any Violation, the Medical Practitioner/certifying surgeon shall be liable to be prosecuted under Sec. 89 (4) of the Factories Act, 1948.