Chapter - IX

SPECIAL PROVISIONS

 

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.

SCHEDULE

The following classes of dangerous occurrences, whether or not they are attended by personal injury or disablement :

1.                  Bursting of a plant used for containing or supplying steam under pressure greater than atmospheric pressure.

 

2.                  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.

 

3.                  Explosion, fire, bursting out, leakage or escape of any molten metal , or hot liquid  or gas causing bodily injury to any  person or damage to any room or place in which persons  are employed, or fire in rooms of cotton pressing factories when a cotton  opener is in use.

 

4.                  Explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases  (including air)  or any liquid or slid resulting  from  the compression of gas.

 

5.                  Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wall, building or any other structure.

 

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.