Chapter - X
SUPPLEMENTAL
123. Procedure in appeals
124. Display of notices
125. Returns
126. Service of notices
127. Information
required by the Inspectors
128. Permissible
levels of certain chemical substances in work environment
129. Muster roll
130. Register of
accidents and dangerous occurrences
131. Maintenance of Inspection book
132. Information regarding closure
of factories
Rule prescribed under sub-section (1)
of section 107
(1)
and appeal presented under section 107 shall lie with
the Chief Inspector or in cases where
the order appealed against is an order passed by that officer, with the State
Government or with such authority as the State Government as the State
Government 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-fees stamp in accordance with Article 11 of Schedule II to the Court-fees Act, 1870, and shall be accompanied by a
copy of the order appealed against.
(2)
On receipt of the memorandum of appeal, the appellate
authority shall, if it thinks fit or if
the appeallant 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 an 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 appeallant and to 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 desired 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 appellant authority considers as the best fitted to
represent the industry concerned.
1......................................................
2......................................................
3......................................................
4......................................................
(4)
An assessor appointed in accordance with the
provisions of sub-rules 2 and 3 shall receive, for the bearing of the appeal, a
fee to be fixed by the appellate authority, subject to a maximum of
Rs.............. per diem. He shall
also receive the actual travelling expenses. The fees and travelling expenses shall be
paid to the assessors by State
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 assessors shall be
paid in whole or in part by the appellant.
Rule
prescribed under sub-section (1) of section 108
The abstract of the Act and
of the rules required to be displayed in every factory shall be in Form 28.
Rule
prescribed under section 110
The manager of every factory
shall furnish to the Inspector or other officer appointed by the State Government in this behalf, following
returns in the form and within the due
dates specified below :-
(a)
annual return
in Form 29 , in duplicate , on or before the 31st January of each year; and
(b)
half-yearly return in Form 30, in duplicate, on or
before the 15th July of each year.
Rule prescribed under section 109
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 127 to 132 prescribed under
section 112
127. Information required by the Inspector
The occupier , owner or
manager of a factory shall furnish any information that an Inspector may require for the purpose of
satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector
has been duly carried out. Any demand by an Inspector for any such
information, if made, during the course
of any inspection, shall be complied forthwith if the information is available
in the factory, or, if made in writing,
shall be complied with within seven days of receipt thereof.
128. 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 as specified in this
Schedule shall apply to all factories.
SCHEDULE
1.
Definitions : for the purpose of this
schedule -
(a)
“mg/m3” means
milligrams of a substances per cubic metre of air;
(b)
“mppem” means
million particles of a substance per cubic metre of air;
(c)
“ppm” means
parts of vapour or gas per million parts of air by volume at 25 degrees
centigrade 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 C1T1 + C2T2 +
........CnTn
concentration
= ------------------------------------
T1 + T2 +.........Tn
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
Cn represents the concentration of the
substance for duration Tn
(in hours).
(e) “Work
location” means a location in a factory
at which a worker works or may be required to work at any time during any shift
on any day.
2. Limits of concentration 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 1 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 time weighted average
concentration for the substance for short periods not exceeding 15 minutes at a
time, subject to the condition 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 not exceed the limit of exposure for that substance
specified in the table.
3.
In the cases where
the word “skin” has been indicated against certain substance mentioned
in Tables 1 and 3, appropriate measures shall be taken to prevent absorption
through cutaneous routes particularly skin, mucous membranes, 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 at any work location contains a mixture of such substances mentioned in Table 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 + Cn
should not exceed unity
L1 L2 Ln
Where C1 ,C2 .......... Cn are the time
weighted concentration of toxic
substances 1,2,..........and n
respectively, determined after measurement at work location;
and L1,L2
.........Ln 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 Table 1,2,3 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 requirements
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 the 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 impinger and the
counts made by light-field technique.
(b)
The percentage of quartz in the 3 formulae given in
item 1(a)(i) of Table 2 is to be
determined from air borne samples.
(c)
For determination of number of fibres as specified in
item 2(a) of Table 2, the membrane filter method at 430 x magnification (4mm
objective) with phase contrast illumination
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.
Aerodynamic diameter Percentage allowed
(unit density sphere)
by
size-selector
2.0 90
2.5
75
3.5
50
5.0
25
10.0
0
5.
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 Table 1,2 or 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.
6.
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 an 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
|
Substance |
Permissible
limits of exposure |
|||
|
|
Time-weighted average
concentration |
Short-term maximum
concentration |
||
|
|
ppm |
mg/m3 |
ppm |
mg/m3 |
|
Acetic acid |
10 |
25 |
15 |
37 |
|
Acrelein |
0.1 |
0.25 |
0.3 |
0.8 |
|
Aldrin-skin |
- |
0.25 |
- |
0.75 |
|
Ammonia |
25 |
18 |
35 |
27 |
|
Aniline-skin |
2 |
10 |
5 |
20 |
|
Anisidine
(o-poisoners)-skin |
0.1 |
0.5 |
- |
- |
|
Arsenic
& compounds (as) |
- |
0.2 |
- |
- |
|
Benzene |
10 |
30 |
- |
- |
|
Bromine |
0.1 |
0.7 |
0.3 |
2 |
|
2
Butanene Methylethyl Ketone – MEK |
200 |
590 |
300 |
885 |
|
n-Butyl
acetate |
150 |
710 |
200 |
950 |
|
sec/tert.Butyl
acetate |
200 |
950 |
250 |
1190 |
|
Cadmium-dust and salts (as Cd) |
- |
0.05 |
- |
0.2 |
|
Calcium Oxide |
- |
2 |
- |
- |
|
Carbaryl
(Sovin) |
- |
5 |
- |
10 |
|
Carbofuran (Furadan) |
- |
0.1 |
- |
- |
|
Carbon disulphide-skin |
2 |
60 |
30 |
90 |
|
Carbon monoxide |
50 |
55 |
400 |
440 |
|
Carbon tetrachloride-skin |
10 |
65 |
20 |
130 |
|
Carbonyl chloride (Phosgene) |
0.1 |
0.4 |
- |
- |
|
Chlordane-skin |
- |
0.5 |
- |
2 |
|
Chlorobenzene (mono chloro-
benzene) |
75 |
350 |
- |
- |
|
Chlorine |
1 |
3 |
3 |
9 |
|
bis-Chloromethyl
ether |
0.001 |
- |
- |
- |
|
Chromic acid andchromates (as
Cr.) |
- |
0.05 |
- |
- |
|
Chromium, Sel-Chromic, Chromous
salts (as Cr) |
- |
0.5 |
- |
- |
|
Copper fume |
- |
0.2 |
- |
- |
|
Cotton dust, raw |
- |
0.2 |
- |
0.6 |
|
Cresol, all isomers-skin |
5 |
22 |
- |
- |
|
Cyanides, (as CN)-skin |
- |
5 |
- |
- |
|
Cyanogen |
10 |
20 |
- |
- |
|
DDT
(Dichlorodiphenyl-trichlore-ethane) |
- |
- |
- |
3 |
|
Demeton-skin |
0.01 |
0.1 |
0.03 |
0.3 |
|
Diazion-skin |
- |
0.1 |
- |
0.3 |
|
Dibutyl phthalate |
- |
5 |
- |
10 |
|
Dichlorves (DDVP)-skin |
0.1 |
1 |
0.3 |
3 |
|
Dieldrin-skin
|
- |
0.25 |
- |
0.75 |
|
Dinitrobenzene (all isomers) skin |
0.15 |
1 |
0.5 |
3 |
|
Dinitrotoluene-skin |
- |
1.5 |
- |
5 |
|
Diphenyl |
0.2 |
1.5 |
0.6 |
4 |
|
Endosulfan (Thiodan)-skin |
- |
0.1 |
- |
0.3 |
|
Endrin-skin |
- |
0.1 |
- |
0.3 |
|
Ethyl
acetate |
400 |
1000 |
- |
- |
|
Ethyl
alcohol |
1000 |
1900 |
- |
- |
|
Ethyl
amine |
10 |
18 |
- |
- |
|
Flourides
(as F) |
- |
2.5 |
- |
- |
|
Flourine |
1 |
2 |
2 |
4 |
|
Hydrogen
Cyanide-skin |
10 |
11 |
15 |
16 |
|
Hydrogen
sulfide |
10 |
15 |
15 |
27 |
|
Iron
oxide fume (Fe2O3 as Fe) |
- |
5 |
- |
10 |
|
Isoamyl
alcohol |
100 |
360 |
125 |
450 |
|
Isobutylalcohol
|
50 |
150 |
75 |
225 |
|
Lead,
inorg, fumes and dusts (as Pb) |
- |
0.15 |
- |
0.45 |
|
Lindane-skin
|
- |
0.5 |
- |
1.5 |
|
Mala
thion-skin |
- |
10 |
- |
- |
|
Manganese
fume (as Mn) |
- |
1 |
- |
3 |
|
Mercury
(as Hg) |
- |
0.05 |
- |
0.15 |
|
Mercury
(alkyl compounds)-skin (as Hg) |
0.001 |
0.01 |
0.003 |
0.03 |
|
Methyl
alcohol (methanol) skin |
200 |
260 |
250 |
310 |
|
Methyl cellosolve-skin (2-methoxy
ethanol) |
25 |
80 |
35 |
120 |
|
Methyl isobutyl ketone-skin |
100 |
410 |
125 |
510 |
|
Naphthalene |
10 |
50 |
15 |
75 |
|
Nickel carbonyl (as Ni) |
0.05 |
0.35 |
- |
- |
|
Nitric acid |
2 |
5 |
4 |
10 |
|
Nitric oxide |
25 |
30 |
35 |
45 |
|
Nitrobenzene-skin |
1 |
5 |
2 |
10 |
|
Oil mist-mineral |
- |
5 |
- |
10 |
|
Parathion-skin |
- |
0.1 |
- |
0.3 |
|
Phenel-skin |
5 |
19 |
10 |
38 |
|
Phorate (Thimet)-skin |
- |
0.05 |
- |
0.2 |
|
Phosgene (Carbonyl chloride) |
0.1 |
0.4 |
- |
- |
|
Phosphine |
0.3 |
0.4 |
1 |
1 |
|
Phosphorous (yellow) |
- |
0.1 |
- |
0.3 |
|
Phosphorous pentachloride |
- |
1 |
- |
3 |
|
Phosphorous trichloride |
0.5 |
3 |
.- |
- |
|
Picric acid-skin |
- |
0.1 |
- |
0.3 |
|
Pyridine |
5 |
15 |
10 |
30 |
|
Silane (silicon tetrahydride) |
0.5 |
0.7 |
1 |
1.5 |
|
Styrene, monomer
(phenyl-ethylene) |
100 |
420 |
125 |
525 |
|
Sulphur dioxide |
5 |
13 |
- |
- |
|
Sulphuric acid |
- |
1 |
- |
- |
|
Toluene (toluol)-skin |
100 |
375 |
150 |
560 |
|
0-Toludine |
522 |
10 |
44 |
|
|
Trichloroethylene |
100 |
535 |
150 |
800 |
|
Vinyl chloride |
5 |
10 |
- |
- |
|
Welding fumes (NOC) |
- |
5 |
- |
- |
|
Xylene
(o-m-isomers)-skin |
100 |
435 |
150 |
655 |
TABLE – 2
Substance Permissible time weighted average
concentration
1.
Silica
(a)
Crystalline
(i)
Quartz 1060
--------------------------------- mppcm
(1) In terms of dust count : - % Quartz + 10
(2) In terms of respirable dust
10
-------------------------------- mg/m3
% respirable quartz + 2
(3) In terms of total
dust : 30
-----------------------------
mg/m3
% quartz + 3
(ii)
Cristobalite Half the limits given against quartz
(iii) Tridymite Half
the limits given against quartz
(iv) Silica fused Same limit as for quartz
(v) Tripoli Same
limit as in formula in item 2
given
against quartz
(b) Amorphous
705
mppcm
2.
Silicate having less than 1%
free silica by weight
(a) Asbestos
(fibres longer than 5 microns) 2
fibres/cubic centimetre
(b)
Mica
705 mppcm
(c) Mineral
Wool fibre 10 mg/m3
(d)
Porlite 1060 mppcm
(e) Portland
cement 1060
mppcm
(f) Soap
stone 705 mppcm
(g) Talc
(nonobostiform) 705 mppcm
(h) Talc
(fibrous) Same limit as for asbestos
(i)
Tromolite
Same limit as for asbestos
3.
Coal dust
(1)
For airborne dust having less
than 5 % silicon dioxide
by weight 2mg/m3
(2) For
airborne dust having Same
limit as prescribed by
over
5% silicon dioxide formula in item (2) against
quartz.
TABLE - 3
--------------------------------------------------------------------------------------------
Substance Permissible limit of exposure
ppm mg/m3
--------------------------------------------------------------------------------------------
Acetic anhydride 5 20
O-Dichlorobenzene 50 300
Formaldehyde 2 3
Hydrogen Chloride 5 7
Manganese & compounds (as Mn) - 5
Nitrogen dioxide 5 9
Nitroglycerin-skin 0.2 2
Potassium hydroxide - 2
Sodium hydroxide - 2
2,4,6 - Trinitrotoluene (TNT) - 0.5
--------------------------------------------------------------------------------------------
The manager of every
factory shall maintain a muster roll of all the workers employed in the factory
in Form 31 showing (a) the name of each worker, (b) the nature of his work and
(c) the daily attendance of the worker :
Provided that, if the daily
attendance is noted in the register of adult worker in Form 17 or the
particulars required under this rule are noted in any other register, a
separate muster roll required under this rule need not be maintained.
130. 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 32.
131.
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.
132.
Information regarding
closure of factories
The occupier or manager of every factory shall report to the Inspector any intended closure of the factory or any section or department thereof immediately it is decided to do so, intimating the reason 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 probable period of the closure. Information as to the particulars and quantity of stored chemicals and action taken or proposed to be taken to ensure safety from those chemicals and action taken or proposed to be taken to ensure safety from those chemicals while in storage during such closure shall also be furnished along with the report of intended closure. An intimation should also be sent to the Inspector as soon as the factory or the section or department of the factory, as the case may be, starts working again.
