Schedule – XXIII

Manufacture or manipulation of carcinogenic 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 a 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)                 “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

 

(c)                 ”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 theses substances are present or are formed as a by-product of a chemical reaction in a total concentration not exceeding one percent :-

(a)               beta-naphthylamine and its salts;

(b)               Benzedrine and its salts;

(c)               4-amino biphenyl and its salts;

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

(e)               any substance containing any of these compounds.

 

4.         Controlled substances - For the purpose of this schedule, the following chemical substances shall be classified as “controlled substances” :-

 

(a)       alpha-naphthylamine or alpha-naphthylamine containing not more than one percent of beta-naphthylamine either as a by-product of chemical reaction or otherwise, and its salts;

(b)               ortho-tolidine and its salts;

(c)               dianisdine 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, ingestion or absorption of the said controlled substance 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.  Wherever 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 processes :-

 

(a)               long trousers and shirts or overalls with full sleeves and head coverings.  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 numbers for use by workers employed in the said processes when there is danger of injury during the performance of normal duties or in the event of emergency :-

(a)               rubber hand-gloves;

(b)               rubber aprons; and

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

 

(3)        It shall be the responsibility of the manager to maintain all items of personal protective equipment in a clean and hygienic condition and in good repair.

 

8.         Prohibition relating to employment of women and young persons - No 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 workroom - The floor of every workroom 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 sewer through a closed channel.

 

10.              Disposal of empty containers - Empty containers used for holding controlled substances shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discarded.

 

11.              Manual handling - Controlled substances shall not be allowed to be mixed, filled, emptied or handled except by means of a scoop with a handle.  Such scoop shall be thoroughly cleaned daily.

 

12.              Instructions regarding risk - Every worker on his first employment in the said processes shall be fully instructed on the properties of the toxic chemicals to which he is likely to be exposed to, of the dangers involved and the precautions to be taken.  Workers shall also be instructed on the measures to be taken to deal with an emergency.

 

13.              Cautionary placards - Cautionary placards in the form specified in appendix attached to this schedule and printed in the language of the majority of the workers employed in the said processes shall be affixed in prominent places frequented by them in the factory, where the placards can be 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 percent 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 workroom - No  worker shall consume food, drink, pan, supari or tobacco or shall smoke in any workroom in which the said processes are carried on and no worker shall remain in any such room during intervals for meals or rest.

 

17.       Cloakroom - There 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 cloakroom 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 messroom, for the storage of protective equipment provided under paragraph 7.  he accommodation so provided shall be under the care of a responsible person  and shall be kept clean.

 

18.       Messroom - 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 messroom 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, atleast 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  facilities  and records of examinations and tests - (1)  The occupier of every factory to which this 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 medical  practitioner all the necessary facilities for the purpose  referred to in clause (a).

 

(2)        The record of such examinations carried out by the 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.

 

22.       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 examinations shall  include skin test for dermatitis and 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 a manganese process shall be re-examined by a Certifying Surgeon at least once in every three calendar months and such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests in sub-paragraph (1).

(3)        The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 23.  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 manger of the factory.  The record of each examination carried out under sub-paragraph (1) and (2) , including the nature and the results of these test, shall also be entered by the Certifying Surgeon in a health register in Form 24.

 

(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 to work in the said 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.

 

(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.

 

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, form 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 the quantities no greater than that  required for the purpose of control, of the process or such purposes as is necessary  to ensure that the product is free from any of the prohibited substances.

(2)        The Chief Inspector 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 to 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 be 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.  It is essential to take a bath before leaving the factory.

 

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.